April, 2023

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A Literal Case of Textbook Plagiarism

Plagiarism Today

New textbooks distributed by the Bolivian Ministry of Education feature plagiarized drawings on the cover. Here's what's next. The post A Literal Case of Textbook Plagiarism appeared first on Plagiarism Today.

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Pirate Streaming Giant Pobre.tv Was Bigger Than Netflix, Now It’s Gone

TorrentFreak

Two years ago, the Motion Picture Association (MPA) reported the Portuguese streaming site MrPiracy to the U.S. Trade Representative. The Hollywood anti-piracy group described the site as a notorious pirate operation that should be dealt with accordingly. Whether this diplomatic lobbying effort had a direct effect is not clear, but MrPiracy.top shut down a few weeks later.

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Newman Strikes Back in Letter Calling for Moore’s Investigation to be Transferred

IP Watchdog

The New Civil Liberties Alliance (NCLA), the firm representing U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman in CAFC Chief Judge Kimberly Moore’s bid to oust her from the court, sent a letter today to the CAFC Chief Judge calling for the case to be transferred to a new circuit. The letter charges that Moore has ordered that no new cases be assigned to Newman, that the complaint Moore identified against her “contains basic errors of fact”, and that Newman was not affor

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Government Departments Pressure Social Media Sites to Censor News Links, Mean Tweets

Michael Geist

The risks associated with the government’s online harms (or online safety) plans is not limited to Canadian Heritage’s credibility gap, which as I’ve recounted has included omitting key information in its public reports on consultations and shocking efforts to exclude contrary voices altogether. A new report, based on the government’s response to a Parliamentary Written Question from Conservative MP Dean Allison ( Sessional Paper No. 8555-441-1219) raises new concerns about efforts t

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Software Composition Analysis: The New Armor for Your Cybersecurity

Speaker: Blackberry, OSS Consultants, & Revenera

Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?

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Pro-Patent Panel Tells Senate IP Subcommittee It’s Time for a Better IP Strategy

IP Watchdog

The Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing today featuring a panel of patent-savvy witnesses to underscore the crucial role intellectual property plays in the U.S. economy and to define the biggest threats to IP rights, both foreign and domestic. The conclusion of most panelists as to what one step is most important in reestablishing the United States as an IP powerhouse was that we need to clean up our own IP system at home in order to even begin addre

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2023 Federal Circuit Case Summaries

Intellectual Property Law Blog

We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023. Click here to read more.

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Women, Literature, and Copyright: Holding up Half the Sky (World IP Day)

Hugh Stephens Blog

There is a well-known Chinese saying, attributed to Mao Zedong, that “women hold up half the sky”.

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What Are the DuPont Factors in a trademark confusion analysis?

Erik K Pelton

A seminal trademark case is In Re DuPont. Erik discusses what the case – and the likelihood of confusion factors – mean for trademark applications and disputes. The post What Are the DuPont Factors in a trademark confusion analysis? appeared first on Erik M Pelton & Associates, PLLC. A seminal trademark case is In Re DuPont. Erik discusses what the case – and the likelihood of confusion factors – mean for trademark applications and disputes.

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The Bill C-11 Compromise That Never Came

Michael Geist

The long legislative road of Bill C-11 comes to an end later today as nearly 2 1/2 years after the original Bill C-10 was first tabled in the House of Commons by then-Heritage Minister Steven Guilbeault, the Senate will vote to approve the bill. I’ve been asked repeatedly this week about what now lies ahead, but I think it is worth one more look back.

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What is AI?

McKinsey Operations

Artificial intelligence is a machine’s ability to perform the cognitive functions we usually associate with human minds.

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IPO Diversity in Innovation Toolkit

Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.

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Celebrity “Faces Off” Against Deep Fake AI App Over Right of Publicity

Intellectual Property Law Blog

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. These are not the only legal issues that can arise. Another GAI issue that has arisen with various applications involves the right of publicity.

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Fan Fiction Author Sues Amazon, Tolkien Estate

Plagiarism Today

A fan fiction author has filed a lawsuit against Amazon and the Tolkien Estate. Does the case have any chance at all? The post Fan Fiction Author Sues Amazon, Tolkien Estate appeared first on Plagiarism Today.

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Canadian Copyright Registration for my 100 Percent AI-Generated Work

Hugh Stephens Blog

Thank you CIPO (Canadian Intellectual Property Office). Last week I indicated in my blog post (“Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much?”) that I would be seeking to register with CIPO the copyright on a work fully generated by AI platforms DALL-E2 and ChatGPT.

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Copyright Registration: Who, What, When, Where, and Why

Erik K Pelton

The following is an edited transcript of my video “The 5 Ws of Copyright Registration” The five Ws: Who, What, When, Where, and Why. Maybe you remember these from elementary school—I know I do. I want to apply that to copyright registration Who can register a copyright? The simple answer is the owner of the copyright, but that can be more complicated than it seems, particularly if there’s an appointment relationship or other contractual relationship.

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Legit Torrents Shuts Down After 17 Years

TorrentFreak

Over the years, we have reported on the demise of hundreds of torrent sites. Many of them folded due to legal pressure. This week yet another site bites the dust; one that has been around since 2005, when the likes of TorrentSpy and Mininova ruled the scene. While those two giants would eventually succumb to legal pressure, Legit Torrents kept on going.

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Why the Government Should Hit the Regenerate Button on its AI Bill

Michael Geist

As anyone who has tried ChatGPT will know, at the bottom of each response is an option to ask the AI system to “regenerate response”. Despite increasing pressure on the government to move ahead with Bill C-27’s Artificial Intelligence and Data Act (AIDA) , the right response would be to hit the regenerate button and start over. AIDA may be well-meaning and the issue of AI regulation critically important, but the bill is limited in principles and severely lacking in detail, leaving virtuall

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Copyright Office Guidance on AI

Intellectual Property Law Blog

The U.S. Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology. Some of the key points include the following: Copyright can protect only material that is the product of human creativity – the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans In the case of works containing AI-generated material, the Office w

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3 Count: Where Credit is Due

Plagiarism Today

Ed Sheeran testifies in Thinking Out Loud trial, Beijing court sides with software firm and Spotify discusses music and AI. The post 3 Count: Where Credit is Due appeared first on Plagiarism Today.

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Beware the Law of Unintended Consequences: The Push for Statutory Remuneration for Korean Writers and Directors Working on Streaming Projects could do more Harm than Good

Hugh Stephens Blog

Copyright is very simple as a concept yet can be quite complex when it comes to actual implementation. This is why careful negotiation of contractual terms is important for rights-holders.

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Celebrating Five Years of the Tricks of the Trade(mark)® Podcast

Erik K Pelton

This week we are celebrating 5 years and more than 250 podcast episodes with 40,000 listens across dozens of countries. We have covered countless trademark protection topics and continue to evolve our studios and systems. Looking ahead to the next chapter, we want to hear from you! Drop us a message or a comment and let us know what you want to learn more about in the world of intellectual property and great branding.

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University Websites Are Being Flooded with Online Piracy Scams

TorrentFreak

At the turn of the century, online piracy hubs began to surface at universities around the world. Seemingly unlimited broadband connections and the presence of many tech-savvy students provided an ideal breeding ground for the rapid expanision of the file-sharing craze. Napster and Limewire played a major role in this growth, as well as DC++ and i2hub , which typically relied on closed networks.

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Exploring opportunities in the generative AI value chain

McKinsey Operations

Generative AI is giving rise to an entire ecosystem, from hardware providers to application builders, that will help bring its potential for business to fruition.

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Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

Scanning books to create a searchable database of books constitutes fair use. Scanning books to create eBooks does not. Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? In Authors Guild v. Google, Inc., (the Google Books case), Google was found not to infringe based on a ruling that the scanning of physical, copyright-protected books to generate a searchable database used to search the content of the books

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Celebrity TikTok Essay Expert Accused of Plagiarism

Plagiarism Today

TikToker and Singaporean essay tutor Brooke Lim is facing allegations of plagiarism after her most recent essay featured copied text. The post Celebrity TikTok Essay Expert Accused of Plagiarism appeared first on Plagiarism Today.

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Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much?

Hugh Stephens Blog

It’s finally April. That means that summer can’t be that far behind, can it? Dreams of sitting down at the dock with a cold one in hand, watching the sunset while the loons trill in the twilight. That’s what the idyllic image above conveys. I’ve even written a poem—well doggerel verse actually—to accompany the image. … Continue reading "Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much?

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Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski v. Binance

Technology & Marketing Law Blog

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. (Age “assurance” requires the business to distinguish children from adults, but the methodology to implement has many of the same characteristics as age verification–it just needs to be less precise for anyone who isn’t around

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‘Youtube-dl Hosting Ban Paves the Way to Privatized Censorship’

TorrentFreak

In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored the youtube-dl repository.

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What is influencer marketing?

McKinsey Operations

Influencer marketing is a collaboration between popular social-media users and brands to promote brands’ products or services.

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How Generative AI Generates Legal Issues in the Games Industry

Intellectual Property Law Blog

Roblox recently announced that it is working on generative artificial intelligence (AI) tools that will help developers who build experiences on Roblox, to more easily create games and assets. The first two test tools create generative AI content from a text prompt and enable generative AI to complete computer code. This is just the tip of the iceberg on how generative AI will be used in games and a variety of other creative industries.

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3 Count: No Noonoo

Plagiarism Today

Nexon sues Ironmace over Dark and Darker, Korean pirate site noonoo closes its doors and Cam'ron sued over a famous photograph. The post 3 Count: No Noonoo appeared first on Plagiarism Today.

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Canada’s 2023 Budget and the Creative Industries: Not Much to Cheer About

Hugh Stephens Blog

Supporters of Canada’s creative industries—writing and publishing, music, film making, the visual and performing arts—would be hard pressed to find much to celebrate in the most recent federal budget unveiled on March 27.

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WIPO publishes Guide to Patent Case Management for Judges

The IPKat

BusyBee - part Kat, part bee, all honey, no sting With spring slowly awakening northern Europe, the AmeriKat's friend, BusyBee, is starting to emerge and with it he brings news of a new WIPO publication. Last Friday, WIPO published An International Guide to Patent Case Management for Judges. The Guide, which is billed as " comprehensive and, at the same time, accessible " sets out the different stages of patent litigation in 10 patent jurisdictions including Australia (led by Justice (ret) Annab

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Russia Launches Anti-VPN Scare Campaign to Support Its VPN Blocking

TorrentFreak

VPN providers with any infrastructure in Russia have experienced problems for years. Today’s bottom line for anonymizing privacy services is that they must comply with Russia’s site-blocking demands and open up themselves up to scrutiny. Since the alternative is to break the law and face the consequences, many providers have pulled out of Russia completely.

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The next frontier in risk efficiency

McKinsey Operations

As global risks increase and economic uncertainty persists, the risk functions within the financial services industry must continue to evolve talent to ensure organizational resiliency.

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Another Federal Agency Issues Request for Comments on AI

Intellectual Property Law Blog

The National Telecommunications and Information Administration (NTIA) has issued a Request for Comments (RFC) on Artificial Intelligence (“AI”) system accountability measures and policies to advance its efforts to ensure AI systems work as claimed and without causing harm. The RFC is targeting self-regulatory, regulatory, and other measures and policies to provide reliable evidence that AI systems are legal, effective, ethical, safe, and otherwise trustworthy.

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