February, 2025

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The Height of Hypcrisy! OpenAI Accuses DeepSeek of Stealing its Content

Hugh Stephens Blog

Image: Shutterstock (edited) Am I the only one, or did anyone else have just a touch of schadenfreude when they read the story in the New York Times that OpenAI is claiming the Chinese start-up DeepSeek may have improperly harvested its data. What irony! DeepSeek caught everyones attention earlier this week when it announced a … Continue reading "The Height of Hypcrisy!

Editing 227
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EMP&A Accepting Summer 2025 Intern Applications

Erik K Pelton

Erik M. Pelton & Associates (EMP&A) is a boutique firm focusing on intellectual property protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters. We are seeking a law student for a paid IP/Trademark internship ($25/hr) from May 2025 to August 2025 (dates are flexible, minimum 10 weeks is required).

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‘Meta Torrented over 81 TB of Data Through Anna’s Archive, Despite Few Seeders’

TorrentFreak

Last weekend, shadow library Anna’s Archive argued that, for AI companies, access to ‘pirated’ books may be a matter of national security. The reasoning behind this controversial take concerns the legal implications faced by U.S. companies if they train AI models using data obtained from shadow libraries. Other countries, however, have fewer reservations , which could give foreign companies a technological edge.

Fair Use 143
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Judge Rules Against Fair Use Defense for AI Company

Plagiarism Today

A judge has ruled against Ross Intelligence, an AI company, in their case against Thomson Reuters. It's the first major AI fair use decision. The post Judge Rules Against Fair Use Defense for AI Company appeared first on Plagiarism Today.

Fair Use 312
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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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AI Legal Research Tool Infringes Copyrights in Westlaw Case Law Headnotes and Editorial Content, District Court Finds

JD Supra Law

In a highly watched copyright case, a federal district court has ruled that an AI companys unauthorized copying and use of original case annotations and editorial content from a leading legal research platform to train and develop a competing legal research tool runs afoul of U.S. copyright law. The case,Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc., is the first among a growing number of lawsuits brought against tech companies over the past few years to reach a substantive.

Copyright 115
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[Guest post] The UK’s AI and copyright consultation – will data protection law render any commercial TDM exception ineffective?

The IPKat

The IPKat has received and is pleased to host the following commentary from Katfriends Adrian Aronsson-Storrier and Sam Berriman (both Lewis Silkin LLP), pondering on the implications of a potential UK reform of the existing text and data analysis defence in section 29A CDPA and tackling what is often an overlooked angle in copyright debates: data protection law.

Law 111

More Trending

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Patent, Trademark, and Copyright: Definitions and Distinctions

Erik K Pelton

The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences. The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences. While my work focuses almost exclusively on trademark protection, a question that comes up all the time is “What’s the difference between a copyright, a trademark, and a patent?

Trademark 130
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U.S. Government Seizes Dozens of Pirate Sports Streaming.Dev Domains

TorrentFreak

Earlier this month, U.S. authorities quietly initiated a new round of domain name seizures, targeting dozens of pirate sports streaming sites. The timing of the law enforcement actions coincided with the Super Bowl, presumably to establish maximum impact. Additional domain seizures were carried out in the days after, and then continued this week. These actions did not focus on a specific pirate streaming site but targeted popular pirate brands instead.

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Are AI Writing Detectors Getting Better?

Plagiarism Today

AI dectors, after over a hear of dubiousness, are getting praise for their accuracy. Are they ready for widespread use? The post Are AI Writing Detectors Getting Better? appeared first on Plagiarism Today.

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Patent Eligibility: The Call for Supreme Court Clarity and for an End to Summary Affirmances

JD Supra Law

The U.S. Supreme Court has once again been urged to revisit 35 U.S.C. 101, the statute governing patent eligibility. Audio Evolution Diagnostics, Inc. (AED) filed a petition for writ of certiorari, challenging the Federal Circuits summary affirmance under Rule 36 of a ruling that invalidated its patents under the Alice/Mayo framework. Should the SCOTUS take up the case, this presents an opportunity for the Court to clarify the boundaries of patent eligibility and address concerns over the.

Patent 112
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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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[Guest post] The Afe Babalola-Dele Farotimi saga: Copyright royalties for defamation?

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams (University of Antwerp) on the ongoing legal battle between Chief Afe Babalola and Dele Farotimi, which raises the question whether it might be appropriate to seek copyright royalties as a remedy for defamation. Here is what Seun writes: The Afe Babalola-Dele Farotimi saga: Copyright royalties for defamation?

Copyright 100
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Tier I, Tier II, Time for Experts; The Curious Case of Scientific Advisers, Party Expert and Two Tiered Confidentiality Club 

SpicyIP

Image generated by DALL E and edited by Canva. On January 8, 2025, the Delhi High Court, presided over by Hon’ble Justice Amit Bansal, delivered a significant ruling in the case of Syngenta Limited and Anr. vs. GSP Crop Science Private Limited (See here ). This case pertains to patent infringement concerning two process patents related to the fungicide Azoxystrobin.

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5 Things To Do When Starting a Business

Erik K Pelton

The following is an edited transcript of my video Do These 5 Things When Starting a New Business. Form an LLC or corporation with the state. That gives you some layer of legal protectionmay not be completebut a layer is better than none. A lot of people don’t realize that the LLC or corporation name doesn’t have to match what the overall business or brand name is.

Business 130
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VPN Providers Consider Exiting France Over ‘Dangerous’ Blocking Demands

TorrentFreak

Copyright holders see pirate site blocking as an effective and proportional tool to combat widespread online piracy. Over the years, courts and lawmakers in dozens of countries have agreed, resulting in a patchwork of blocking regimes around the globe. Initially, these efforts focused on residential ISPs as the key intermediaries. While these companies were not blamed directly, they were the go-to parties to implement blocking.

Privacy 135
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Fake Battles, Real Explosions

Plagiarism Today

EA and DICE recently shared concept art from their upcoming Battlefield game. However, one of the explosions was a bit-too-real. The post Fake Battles, Real Explosions appeared first on Plagiarism Today.

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What Do the Return to Office and Hiring Freeze Orders Mean for Examiners and SPEs?

IP Watchdog

Further to reports that Patent Trial and Appeal Board (PTAB) judges will soon be required to return to the office, the lingering question for many is what effect the orderas well as the current, indefinite hiring freezewill have on Supervisory Patent Examiners (SPEs) at the Office and on day to day operations of the examining corps more broadly.

Reporting 109
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USPTO’s Rapid Policy Shifts Threaten Patent System Stability

Patently-O

by Dennis Crouch The U.S. Patent and Trademark Office faces unprecedented challenges as recent executive directives force dramatic changes to its operations. I think that folks across the spectrum from right to left would agree that current changemaking at the White House is following a brutalist approach that treats all federal employees and agencies as interchangeable parts rather than recognizing their unique roles, specialized expertise, and operational requirements.

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Understanding the Copyrightability of AI: Insights from the U.S. Copyright Office

Barry Sookman

The United States Copyright Office released its second report dealing with artificial intelligence (AI) and copyright. The report, Copyright and Artificial Intelligence Part 2: Copyrightability , unsurprising, concludes that copyright does not extend to purely AI-generated material where there is insufficient human control over the expressive elements.

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Erik M Pelton & Associates Secures U.S. Patent for Proprietary Trademark Management Software

Erik K Pelton

February 6, 2025 Erik M Pelton & Associates, PLLC (EMP&A), a leading trademark law firm dedicated to protecting brands, is proud to announce the successful registration of U.S. Patent No. This patent protects the firms proprietary software, a groundbreaking tool designed to streamline docket and deadline management in the trademark application process.

Trademark 147
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Google’s Piracy Purge: 3.5 Billion DMCA Takedown Notices in a Year

TorrentFreak

Fifteen years ago, Google processed 250,000 takedown notices in an entire year. Today, it only needs 36 minutes to reach the same number. Despite several attempts to make piracy less visible in its search engine, the problem isn’t going away. On the contrary, takedown notices continue to increase at a rapid pace. From 250k to 3.5bn Last February, we reported that Google had processed its 8 billionth DMCA takedown.

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3 Count: $10 Million Fight

Plagiarism Today

The New York Times has spent $10.8 million in OpenAI fight, UK Parliament weights AI regulations and police raid South African IPTV provider. The post 3 Count: $10 Million Fight appeared first on Plagiarism Today.

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Reject the Biden Administration’s Eleventh-Hour Patent Power Grab

IP Watchdog

On its way out the door, the Biden administration took a parting shot at America's most innovative companies in a self-described bid to expand equitable patient access to products that emerge from NIH-owned patents.

Patent 105
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Delaware court finds fair use defence unsuccessful in AI training copyright motion

The IPKat

In a recent decision ( Case 1:20-cv-00613, ECF 770 ) on the use of copyrighted texts for AI (but not generative AI) training, the Delaware District Court (the Court) held that a fair use defence was unsuccessful on a summary judgment motion for copyright infringement. Background The Claimant is Thomson Reuters (Reuters), the operator of the well-known (at least, in legal circles) legal research platform, Westlaw.

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SpicyIP Weekly Review (January 27 – February 2)

SpicyIP

(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. This and a lot more in this weeks SpicyIP Weekly Review.

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What is a TTAB Discovery Conference?

Erik K Pelton

The following is an edited transcript of my video What is a TTAB Discovery Conference? If you get involved in a dispute at the USPTO’s Trademark Trial and Appeal Board (TTAB), one of the steps early on in the process of an opposition or a cancellation proceeding is the Discovery Conference. Discovery Conference is required by the board as part of the procedures of the case.

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Incredible Fmovies Piracy Indictment is Not a “Stunning Victory” For Hollywood

TorrentFreak

Decade after decade, Hollywood studios have produced many of the greatest movies ever committed to celluloid, together telling some of the most inspiring, terrifying, beautiful, outrageous, spectacular, and funny stories ever told. Movies make the impossible, possible, and when the Fmovies piracy empire was shuttered in 2024, the MPA showed that with enough time, effort, resources, and persistence, impossible achievements aren’t necessarily confined to the silver screen.

Reporting 117
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Plagiarism, Transparency and the Case of Pamela Whitten

Plagiarism Today

In January, IU president Pamela Whitten was accused of dissertation plagiarism. But the school won't release the report that cleared her. The post Plagiarism, Transparency and the Case of Pamela Whitten appeared first on Plagiarism Today.

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From Courtroom to Canvas: How an AI Copyright Case Could Shape the First Major AI Art Auction

IP Watchdog

The controversy surrounding AI and copyright extends beyond the courtroom to the art market, where AI-generated works are increasingly contested. The ruling in Thomson Reuters v. Ross Intelligence adds legal weight to concerns about AIs impact on creative and commercial markets, including the sale of fine art through auction houses and galleries, and its potential to compete directly with copyright holders.

Art 97
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AI Regulation and Legal Trends in the U.S and Abroad

JD Supra Law

The Evolving Role of AI/ML in Healthcare - The use of artificial intelligence/machine learning (AI/ML) in healthcare is evolving rapidly and introducing new challenges. Not only are medical devices using AI for diagnostics, which has been around for decades, but we are also seeing new and innovative uses of AI, including generative AI within organizations, whether for coding, combing data for insights and trends, among many other applications.

Law 85
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USCO Issues 2nd Report on Artificial Intelligence: Copyrightability

The Illusion of More

Where AI merely assists an author in the creative process, its use does not change the copyrightability of the output. At the other extreme, if content is entirely generated by AI, it cannot be protected by copyright. Copyright and Artificial Intelligence Part 2, Copyrightability, USCO – Last week, the U.S. Copyright Office released Part […] The post USCO Issues 2nd Report on Artificial Intelligence: Copyrightability appeared first on The Illusion of More.

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Call for Suggestions on the Draft Guidelines for Processing Patent Applications of AYUSH Systems and Related Inventions (February 28)

SpicyIP

The office of CGPDTM has invited comments on the Draft Guidelines for Processing Patent Applications of Ayush Systems and Related Inventions for providing clarity on the filing and processing of patent applications of Ayush systems and related inventions. The guidelines are available on the IPIndia website here. The deadline for sharing suggestions with the CGPDTM is February 28.

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ProtonVPN: Site Blocking Is an Attack on Users’ Online Freedom

TorrentFreak

Copyright holders see pirate site blocking as an effective and proportional anti-piracy measure. Over the years, courts and lawmakers in dozens of countries have agreed, resulting in a patchwork of blocking regimes around the globe. Initially, these efforts focused on residential ISPs as the key intermediaries. While these companies were not blamed directly, they were the go-to parties to implement blocking.

Privacy 117
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3 Count: Incoherent

Plagiarism Today

Publishers sue AI company Cohere, Tencent wins big against IPTV sellers and Dark and Darker ruled not copyright infringing. The post 3 Count: Incoherent appeared first on Plagiarism Today.

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Report Indicates PTAB Judges Will Soon Be Required to Return to In-Person Work

IP Watchdog

According to Bloomberg Law, the administrative patent judges (APJs) of the U.S. Patent and Trademark Offices (USPTOs) Patent Trial and Appeal Board (PTAB) will be asked to return to the office as soon as February 24a move which former USPTO Director Kathi Vidal said would make the PTAB inefficient and unable to keep up with its current timelines for decisions.

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Dechert Cyber Bits - Issue 71

JD Supra Law

English High Court Rules that "Relatively High" Consent to Cookies and Profiling is Required Where Individual is Vulnerable - In a dispute between an individual claimant who was a recovering gambling addict and two defendants operating the Sky Betting and Gaming brand of online gambling platforms, the High Court ruled that a relatively high level of consent to cookies and profiling was required where the individual is vulnerable.