September, 2021

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Why You Should Never Use the Stock Content in a Website Theme

Plagiarism Today

Building a new website is literally easier than it’s ever been. There are countless services that will help you get started and a never-ending slew of tools to help you get your business or personal endeavor online. However, that’s not to say that there is no work. One still needs to make the site look attractive, fill it with useful content, and then maintain/update the site moving forward.

Licensing 294
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Michelle’s Country Music Murals: An Update?

Hugh Stephens Blog

Some readers may recall two blogposts (Mural, Mural on the Wall and Were They Commissioned, One and All?) that I wrote a couple of years ago about muralist Michelle Loughery and her copyright dispute with the Merritt Walk of Stars Society. The disagreement was over who held the copyright to a series of murals that … Continue reading "Michelle’s Country Music Murals: An Update?

Music 246
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The ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment

IP Watchdog

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu. Leahy promised to take aim at discretionary denials of inter partes review (IPR) and post grant review (PGR) challenges, which he did, among many other things.

Invention 145
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The World’s Oldest Active Torrent Turns 18 Soon

TorrentFreak

BitTorrent is an excellent distribution mechanism but, for a file to live on, at least one person has to keep sharing it. This means that most torrents eventually die after the public loses interest. However, some torrents seem to live on forever. The Fanimatrix. The oldest surviving torrent we can identify is a copy of the Matrix fan film “ Fanimatrix.” The torrent was created in September 2003, which means that it will turn 18 this month.

Copying 145
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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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In the Courts: Australian Court finds AI systems can be “inventors”

WIPO Magazine

In a world first, a judge of the Federal Court of Australia has found that artificial intelligence is capable of being an “inventor” for the purposes of the Australian patent regime. Find out more about Justice Beach’s decision.

Inventor 140
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EFF Dealt Another Blow in Attempt to Strike Down Section 1201 of the Copyright Act

Copyright Alliance

The Electronic Frontier Foundation (EFF) has received another defeat in its long-running lawsuit challenging the constitutionality under the First Amendment of the anti-circumvention and anti-trafficking provisions of section 1201 of […]. The post EFF Dealt Another Blow in Attempt to Strike Down Section 1201 of the Copyright Act appeared first on Copyright Alliance.

Copyright 140

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Some Reflections on What Can—and Cannot—Be Protected by Copyright?

Hugh Stephens Blog

My wife was flexing her wrist, extending her forefinger and manipulating her thumb, following the instructions on the sheet in front of her that the physiotherapist had provided. She (my wife that is) had broken her wrist a few weeks earlier, in an unfortunate fall. With neither of us having ever broken a bone before, … Continue reading "Some Reflections on What Can—and Cannot—Be Protected by Copyright?

Copyright 246
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Commerce Department Announces National Artificial Intelligence Advisory Committee

IP Watchdog

The U.S. Department of Commerce announced today that it has established a National Artificial Intelligence (AI) Advisory Committee that will advise the President and other federal agencies on issues surrounding AI. The Committee will work with the existing National AI Initiative Office (NAIIO) in the White House Office of Science and Technology Policy (OSTP).

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Iconic “Piracy Is a Crime” Domain Now Redirects to IT-Crowd Parody

TorrentFreak

Over the past decades, the entertainment industries have tried out numerous anti-piracy PSAs. One of the most iconic videos is without doubt the “You Wouldn’t Steal a Car” campaign, which has proven to be a fertile breeding ground for memes and satire. The video was the result of a collaboration between the Motion Picture Association, the Federation Against Copyright Theft, and the Intellectual Property Office of Singapore.

Cinema 145
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The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces

Technology & Marketing Law Blog

[Note: this blog post covers Rep. Nadler’s manager’s amendment for the SHOP SAFE Act , which I think will be the basis of a committee markup hearing tomorrow. If Congress were well-functioning, draft bills going into markup would be circulated a reasonable time before the hearing, so that we can properly analyze them on a non-rush basis, and clearly marked as the discussion version so that we’re not confused by which version is actually the current text.].

Trademark 142
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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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Art meets crypto – traditional copyright issues in a tokenized world

JD Supra Law

Non-Fungible Tokens (NFTs) are the latest development in disruptive blockchain technology innovations, this time in the world of digital art, collectibles, and even luxury goods. Traditional auction houses have already started leveraging the technology, with one piece of digital artwork being sold for $69 million on Christie’s, and a visualization of the source code for the internet being sold for $5 million on Sotheby’s.

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When Should You Run a Plagiarism Check of Your Work?

Plagiarism Today

As more and more schools and private companies begin using automated plagiarism detection tools, it’s becoming increasingly common for students, authors and journalists to run plagiarism detection software on their work. In fact, many schools are actually encouraging this behavior and giving students access to the same tools they use. The goal of this is to verify that the work is at least largely free of issues and that the author didn’t make any mistakes when penning their latest p

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A table and a table coaster that shaped EU design law

The IPKat

This year marks the 10th anniversary of the Court of Justice’s (CJEU) landmark judgment in Pepsico v Grupo Promer Mon Graphic ( C-281/10P ). In this ruling, which originated from a design invalidity claim before the EUIPO (OHIM, as it was known then), the Court of Justice construed the meaning of the ‘informed user’. Under EU design law, the ‘informed user’ is the standard on the basis of which it examines both the validity and the infringement of a design.

Designs 136
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New Tillis-Leahy Bills to Boost Innovation: The Good, the Bad and the Nonsense

IP Watchdog

Earlier today, U.S. Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT), the Ranking Member and Chair of the Senate Intellectual Property Subcommittee, introduced a pair of bipartisan bills that the Senators say are aimed at improving the participation Americans from all backgrounds in the patent system and ensuring that the public knows the true owners of patents.

Inventor 138
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Software Piracy Triggers Innovation, Research Finds

TorrentFreak

Piracy presents a major challenge for companies across different sectors, including the software industry. Many copyright holders stress that piracy hurts their bottom line. This could lead to less output and innovation. However, research has shown that this isn’t always the case. Previously, studies have found that piracy doesn’t reduce the number of new films being made.

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Webinar on ‘Trade Secret and Access to Medicine’ by CUSAT and TWN [September22]

SpicyIP

We’re pleased to inform you that the DPIIT IPR Chair of the Inter University Centre for IPR Studies at the Cochin University of Science and Technology and the Third World Network are jointly organizing a free webinar on “Trade Secret and Access to Medicine ” on September 22, 2021. For further details, please see the announcement below: Trade Secret and Access to Medicine.

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Third Circuit Says Section 230 Doesn’t Apply to Publicity Rights Claims–Hepp v. Facebook

Technology & Marketing Law Blog

The Third Circuit ruled today that Section 230 doesn’t preempt publicity rights claims because they qualify as “intellectual property” claims. This ruling directly conflicts with the Ninth Circuit’s rule, which says that all state IP claims are preempted by Section 230. This creates the foundation for a possible Supreme Court review of this issue.

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Why Plagiarism Thrives on Facebook

Plagiarism Today

Back in August, Facebook released its “ Widely Viewed Content Report ” that attempted to showcase the type of content that was popular on the service. It included a list of the 20 most viewed posts during the second quarter of 2021, each of which received between 43.6 million and 85 million views. The goal of the report was to both highlight the most popular content on Facebook and to deflect some of the attention Facebook has been getting regarding misinformation that spreads wildly

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Op Ed: Reflections on the American Invents Act on its Tenth Year Anniversary 

Patently-O

by Hon. Michelle Lee. Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. . The America Invents Act (AIA), which passed on September 16, 2011, brought about some of the most significant changes to our patent system in over 50 years.

Invention 131
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Federal Circuit Upholds Delaware Court’s Inequitable Conduct Analysis

IP Watchdog

In a precedential decision written by Judge Reyna, the U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday upheld a Delaware district court’s ruling that Belcher Pharmaceuticals Inc.’s Chief Science Officer engaged in inequitable conduct, making its U.S. Patent No. 9,283,197 unenforceable. Belcher brought the suit against Hospira, Inc. for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld materia

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Sci-Hub Celebrates 10 Year Anniversary By Uploading 2.3m New Articles

TorrentFreak

There are thousands of pirate sites online today and many more have come and gone over the years. In their own way, most are loved by their specific audiences but few reach achieve truly iconic status. Due to its colorful history and original ethos that information wants to be free, The Pirate Bay is an obvious outlier but there is another site, one that has managed to capture the imaginations of an even broader audience seeking access to learning and knowledge.

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UK Government responds to DCMS Music Streaming Inquiry recommendations

The IPKat

Readers will no doubt be aware of the recent UK Economics of Music Streaming Inquiry by the Digital Culture Media and Sport Committee [ Katposts here ], which investigated the impact of music streaming on artists remuneration, as well as other issues around the fairness and sustainability of the wider music industry. Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract

Music 130
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U.S. Court Rules Artificial Intelligence Cannot be an Inventor (Again)

IPilogue

Photo by Possessed Photography ( Unsplash ). Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . Artificial intelligence (AI) is everywhere. It influences the ways we socialize, work, and carry out our daily lives.

Inventor 129
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With Cryptocurrencies and NFTs Continuing to Boom, Financial Regulators Are Clamping Down

JD Supra Law

- With crypto investment frauds on the rise, the U.S. Securities and Exchange Commission sent a warning to investors and published an investor alert listing out possible signs of a scam. Along similar lines, a Bloomberg article discusses the critical need for financial regulators to provide investors with tools to protect themselves when investing in NFTs and cryptocurrencies. - NFTs further infiltrate Hollywood and now the hospitality industry.

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Pride in Patent Ownership Act

Patently-O

by Dennis Crouch. A bipartisan pair of Senators have proposed the “ Pride in Patent Ownership Act.” The premise is that if you own a patent, you should be proud to own the patent — and actually record your ownership interest. The bill pushes this pride by requiring patent owners to record their ownership with the kicker that those who fail to record lose their right to punitive damages for any infringement that occurs prior to recordation.

Ownership 128
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The Federal Circuit’s Obsession with Judge Albright is Becoming Increasingly Bizarre

IP Watchdog

While there are any number of reasons to question the continued viability, value and necessity of the Federal Circuit, the court’s continued use of mandamus is extremely troubling. Much of the time, it seems the Federal Circuit is using this extraordinary remedy to control the docket of Judge Alan Albright of the Western District of Texas, ordering him to transfer cases.

Patent 132
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UK Police Shut Down Pirate IPTV Network With “Hundreds of Thousands” of Customers

TorrentFreak

With pirate IPTV services providing access to thousands of TV channels at a cheap price, the Federation Against Copyright Theft is continuing its quest to disrupt piracy in the UK. FACT acts on behalf of broadcasting partners including Sky and for years has been cracking down on pirate suppliers of live sporting content. Today the anti-piracy company has announced what appears to be a particularly significant operation carried out in partnership with police in the UK. ‘Top UK Content Provi

Copyright 145
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Book review: The Intelletual Property of Nations

The IPKat

This is a review of The Intellectual Property of Nations: Sociological and Historical Perspectives on a Modern Legal Institution by Laura R. Ford - Assistant Professor of Sociology at Bard College, New York. In this book, Laura Ford draws on macro-historical sociological theories, to trace the development of intellectual property from antiquity to the modern nation-state system, showing how this infrastructure of power emerged.

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My Declaration Identifying Emoji Co. GmbH as a Possible Trademark Troll

Technology & Marketing Law Blog

There are dozens of federal lawsuits captioned “ Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto. ” Last month, in one of them, I filed a declaration stating that “Emojico appears to be running a trademark trolling operation.” My declaration lays out how I reached my conclusion.

Trademark 132
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Video Gaming / E-Gaming Law Update – September 2021

JD Supra Law

Main Quest - ‘Mint’ Conditions: NFTs and Video Games - Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly common way for creators and rights holders to market digital goods. Between high-profile NFT-related projects and a slew of entertainment companies, sports leagues, music labels and video game developers getting involved, 2021 has seen a massive rise in the popularity of the.

Law 127
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Data on Transition Phrases in Patent Cases

Patently-O

by Dennis Crouch. You may have heard that most US utility patent claims use the open transition phrase COMPRISING. Here’s the data to support that hearsay. The chart below shows data from independent claims gleaned from issued US patens grouped by patent issue year. To make the chart, I calculated the percentage of independent claims that include the phrase comprising or comprises or comprise as the first traditional (or only) transitional phrase within the claim text.

Patent 124
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Looming Leahy Bill Would End Fintiv Practice at PTAB

IP Watchdog

IPWatchdog has obtained a draft summary of the “Restoring the America Invents Act” bill that Senate IP Subcommittee Chair, Senator Patrick Leahy (D-VT), is purportedly expected to introduce shortly. Several other outlets have reported that either Leahy himself or sources on the Hill confirmed such a bill is in the works and will address discretionary denial practice at the Patent Trial and Appeal Board (PTAB) under the PTAB’s precedential Apple Inc. v.

Invention 131
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Netflix Movie Screeners Leak on Pirate Sites Before Official Premiere

TorrentFreak

Pirated copies of movies leak all year round, usually after they come out on streaming services or through digital release. That by itself is nothing special. Screener releases are a notable exception to this rule. These are advance copies of recent movies that are generally sent out to critics and awards voters. The screeners are supposed to remain private but every year a few end up in the hands of pirates.

Copying 145
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Book Review: Intellectual Property Law in China, 2nd Edition

The IPKat

The first edition of Intellectual Property Law in China (IPLCN) was the first of a bunch of goodies this Kat enthusiastically gathered from the incomparable IP library of the Max Planck Institute for Innovation and Competition (MPI). It was published in 2005 – a bit aged – but it still stands as the visible fruit of the MPI’s Asian Department, which was founded in 1975.

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Trademark rights in interdigitization

Likelihood of Confusion

Nick Daly drops me a note to the effect that one Jay-Z, gazillionaire rhyming scatologist, has been sued by a professional perspirer and leaping stage goon called Diamond Dallas Page — The post Trademark rights in interdigitization appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 124