Plagiarism Today
OCTOBER 31, 2023
It's Halloween, so let's take a look at 9 copyright stories that show how intellectual property has shaped the spookiest holiday. The post 9 Spooky Copyright Stories for Halloween appeared first on Plagiarism Today.
Hugh Stephens Blog
OCTOBER 7, 2023
Image: Shutterstock I had the opportunity to visit Taiwan in August, where I once (in the last century) served as Director of the Canadian Trade Office in Taipei, aka the Canadian Representative to Taiwan. (The word “Ambassador” cannot and shall not be used for obvious diplomatic reasons).
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TorrentFreak
OCTOBER 31, 2023
Late March 2023, Russia augmented its long-burning VPN crackdown with a series of PSAs claiming that using a VPN for security is actually much worse than not using a VPN at all. One of the ads warned that VPNs somehow obtain users’ passport details, plus their names, addresses, and dates of birth. Another suggested that since VPNs in Russia know everything about their users, spouses might learn about secret affairs, a high price for accessing a social network blocked in Russia, the PSA add
Intellectual Property Law Blog
OCTOBER 24, 2023
This case addresses the validity of two patents asserted against wireless communications technologies. In particular, this case discusses claim construction and post-issuance claim amendments that broaden the scope of challenged claims. Background Sierra Wireless, along with several other defendants, filed petitions seeking inter partes review of U.S.
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?
Erik K Pelton
OCTOBER 3, 2023
What can the stories of Carmy and the crew in the hit television show THE BEAR teach us about trademarks? More than you think, as Erik explains in this video. The post Trademark lessons from The Bear appeared first on Erik M Pelton & Associates, PLLC. What can the stories of Carmy and the crew in the hit television show THE BEAR teach us about trademarks?
Michael Geist
OCTOBER 23, 2023
The government has yet to release its final regulations for the Online News Act , but recent comments from News Media Canada seemed to suggest that it is hoping to find common ground with Google , stating that it supports the company’s proposed amendments to Bill C-18 draft regulations. While that may be a long shot – I posted that Google’s call for legislative changes signals that it has arrived at the conclusion that regulations alone cannot fix the foundational flaws in the law –
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Hugh Stephens Blog
OCTOBER 15, 2023
Warning: this blog post has a long opening sentence, so take a deep breath.
TorrentFreak
OCTOBER 5, 2023
Artificial intelligence is booming. Dozens of companies are enthusiastic about its potential and many regular people are tinkering with it too. The ‘AI Hub’ Discord server was the place to be for true AI enthusiasts. In just a matter of months, it grew from zero to a thriving community of more than 500,000 members. Through the server, people shared the latest tips and tricks, new developments, but also complete models.
Intellectual Property Law Blog
OCTOBER 6, 2023
This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § 135, and specifically whether the Patent Trial and Appeal Board (Board) has the authority to cancel SNIPR’s pure AIA claims through an interference for lack of invention priority under pre-AIA § 102(g).
JD Supra Law
OCTOBER 4, 2023
The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author. This bedrock principle was reinforced in two recent copyright decisions.
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Michael Geist
OCTOBER 4, 2023
The CRTC’s decision to require registration for a wide range of Internet sites and services that meet a $10 million revenue threshold, including podcasters, adult sites, and news sites, appears to have taken many Canadians by surprise. For anyone who closely followed Bill C-11, this was entirely expected given that the bill adopts an approach in which all audio and video content anywhere in the world is subject to Canada’s Broadcasting Act.
Plagiarism Today
OCTOBER 16, 2023
Obituary piracy sites have long been a thing, but now YouTube channels are getting on the act. What is obituary piracy, and how can stop it? The post Copyright and The Bizarre World of Obituary Piracy appeared first on Plagiarism Today.
Hugh Stephens Blog
OCTOBER 25, 2023
Credit: Pixabay.com This is the question that Peter Grant chose to highlight when reviewing my book, In Defence of Copyright (see below). It is a question rooted in both our history and current practices. Sometimes when I look at the efforts of creators and rights-holders in Canada to protect, manage and exploit their works, I … Continue reading "Are Canadians Born Pirates?
TorrentFreak
OCTOBER 3, 2023
A few years ago, book piracy was considered a fringe activity that rarely made the news, but times have changed. Last year, the U.S. Department of Justice targeted popular shadow library Z-Library, accusing it of mass copyright infringement. Two of the site’s alleged operators were arrested and their prosecution is still pending. In recent months, shadow libraries have also been named in other lawsuits.
Intellectual Property Law Blog
OCTOBER 24, 2023
This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). Background Cellect sued Samsung Electronics, Co. for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.
The IPKat
OCTOBER 1, 2023
IPKat-approved game on Steam For those interested in the interplay between IP rights's territorial character and free competition, the judgment issued by the General Court (GC) in Valve Corporation , T-172/21 earlier this week is a must-read. Not only did the Court tackle the vexed issue of the applicability of Article 101 TFEU in the copyright context, but also touched upon the relevance and treatment, under the latter, of technological protection measures (TPMs) and the doctrine of exhaustion.
Michael Geist
OCTOBER 5, 2023
The temperature over the government’s Internet legislation has increased this week as many Canadians wake up to the consequences of Bills C-11 and C-18. CRTC regulations on mandated registration requirements arising from the Online Streaming Act and the possibility that Google will follow Meta’s lead and remove news links for search results in Canada due to the Online News Act have placed the spotlight on harmful effects of the government’s approach.
Plagiarism Today
OCTOBER 2, 2023
The Supreme Court has taken up a case that will determine how far back copyright damages can go. Here's why the case is important to watch. The post SCOTUS to Test the Limit of Copyright Liability appeared first on Plagiarism Today.
IP Watchdog
OCTOBER 3, 2023
Last week, the Writers Guild of America (WGA) reached a tentative three-year deal to resolve a writer’s strike following a labor dispute with the Alliance of Motion Picture and Television Producers (AMPTP). The deal was reached on September 27, 2023, after a 148-day strike, which was the second-longest in the union’s history. According to USA Today, the WGA’s leadership board has lifted the restraining order barring writers from returning to work, and its members will vote to officially ratify t
TorrentFreak
OCTOBER 20, 2023
The DMCA takedown process gives copyright holders the option to remove infringing content from the web. It’s a powerful, widely-used tool that takes millions of URLs and links offline every day. This often happens for a good reason, but some takedown efforts are questionable. Takedown Abuse Shopify was targeted by a series of problematic DMCA requests earlier this month.
Intellectual Property Law Blog
OCTOBER 17, 2023
This case addresses whether attorney’s fees are warranted due to an inequitable conduct and conflict of interest defense. Background UCANN filed suit in the District of Colorado in July 2018, accusing Pure Hemp of infringing the ’911 patent, entitled “ Cannabis Extracts and Methods of Preparing and Using the Same.” The parties stipulated to the dismissal of this case in 2021.
Kluwer Copyright Blog
OCTOBER 3, 2023
Image by Alexandra_Koch from Pixabay The US class action against Google Bard ( J.L. v. Alphabet Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03440 ) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT ( here ) (“Generative AI” or “Gen AI”).
Michael Geist
OCTOBER 2, 2023
The CRTC last week released the first two of what is likely to become at least a dozen decisions involving the Online Streaming Act (aka Bill C-11). The decision, which attracted considerable commentary over the weekend, involves mandatory registration rules for audio and visual services that include far more than the large streaming services. The Commission says the registrations would give it “ de minimis information about online undertakings and their activities in Canada, which would give th
Plagiarism Today
OCTOBER 24, 2023
A new study claims that AI systems can trivially reproduce hundreds of words from copyrighted works. Here's what it means. The post Study Highlights AI Systems Printing Copyrighted Work Verbatim appeared first on Plagiarism Today.
IP Watchdog
OCTOBER 1, 2023
PERA is no doubt an ambitious bill. In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S. Patent and Trademark Office (USPTO) examining corp.
TorrentFreak
OCTOBER 6, 2023
Website blocking has become the go-to anti-piracy measure for the entertainment industries when tackling pirate sites on the internet. The practice has been around for well over 15 years and has gradually expanded to more than forty countries around the world. The actual blocking is done by Internet providers, often following a court order. These measures can range from simple DNS blocks to more elaborate schemes involving Server Name Indication (SNI) eavesdropping, or a combination of both.
Intellectual Property Law Blog
OCTOBER 6, 2023
This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § 101. Background Trinity sued Covalent for patent infringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S. Patent 10,936,685 (“the ’685 patent”) (collectively, “the challenged patents”).
The IPKat
OCTOBER 21, 2023
This week, the Court of Justice of the European Union (CJEU) issued a preliminary ruling on enforcement of IP rights ( case C-655/21 ). In its request to the CJEU, the referring Bulgarian court had asked whether Bulgarian criminal penalties for trade mark infringement comply with Directive 2004/48/EC and the Charter of Fundamental Rights of the European Union (Charter).
Michael Geist
OCTOBER 5, 2023
The Canadian government plans to regulate the use of artificial intelligence in search results and when used to prioritize the display of content on search engines and social media services. AI is widely used by both search and social media for a range of purpose that do not involve ChatGPT-style generative AI. For example, Google has identified multiple ways that it uses AI to generate search results, provide translation, and other features, while TikTok uses AI to identify the interests of its
Plagiarism Today
OCTOBER 19, 2023
A French professor is accused of plagiarism in a journal review article. However, he's blaming his ghostwriter for the issue. The post Professor Blames Ghostwriter for Review Plagiarism appeared first on Plagiarism Today.
Technology & Marketing Law Blog
OCTOBER 5, 2023
This is a SAD Scheme case from one of my least-favorite rightsowners, Emojico. (I wrote an expert declaration about them in 2021). Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net.
TorrentFreak
OCTOBER 26, 2023
In recent years, website blocking has become one of the most widely-used anti-piracy enforcement mechanisms in the world. ISPs in several dozen countries prevent subscribers from accessing a variety of ‘pirate’ sites. While new blocks are added every month, research on the effectiveness of these efforts is rather limited. Piracy Blocking Research One of the earliest pieces of academic research, based on UK data, showed that the local Pirate Bay blockade had little effect on legal consumption.
Intellectual Property Law Blog
OCTOBER 3, 2023
The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author. This bedrock principle was reinforced in two recent copyright decisions.
Kluwer Copyright Blog
OCTOBER 18, 2023
Image from DALL-E 3 Part 1 of this post introduced the challenges for copyright associated with generative IP and the legislative developments in this field. This part 2 explores the idea of introducing a statutory license for machine learning purposes for generative AI as a compromise solution to secure a vibrant environment for AI development while preserving the central role played by human creators.
Michael Geist
OCTOBER 31, 2023
In 2017, I filed an access to information request with Global Affairs Canada seeking records related to the creation of the WIPO Internet Treaties more than 20 years earlier. The timing of the request was not accidental. The exception for cabinet confidences in the Access to Information Act no longer applies after 20 years and my hope was to gain insights into the government’s thinking during the negotiation process that might have previously been publicly unavailable.
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