November, 2022

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The Bizarre Copyright Battle Over Supercalifragilisticexpialidocious

Plagiarism Today

For most people, the word Supercalifragilisticexpialidocious has exactly one context, the 1964 film Mary Poppins and the famous hybrid live action/animated scene that it was featured in. The word and the song that it titles has remained a part of our lexicon for nearly sixty years and, despite being a famous tongue-twister (so much so, it was featured in a recent Mental Floss episode on the topic ), has been on the tongues of generations.

Copyright 342
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Public Domain Day 2023 is Coming: Here’s What to Know

Copyright Lately

A new crop of copyrighted works (including rights in a certain famous British detective) will enter the public domain in the United States on January 1, 2023. Here’s what it all means. Last month, Hulu announced that the upcoming third season of its Hardy Boys reboot would be the series’ last. While it’s certainly not unusual for streamers to cancel shows after only a few seasons , it also just so happens that the first three novels introducing the teenage sleuths are about to enter the pu

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U.S. Copyright Office Backtracks on Registration of Partially AI-Generated Work

IP Watchdog

On October 28, Kristina Kashtanova, an artist and artificial intelligence (AI) consultant and researcher, received notice from the U.S. Copyright Office (USCO) that the registration for the first issue of her partially AI-generated graphic novel, Zarya Of The Dawn, may be canceled. A month earlier, on September 15, the USCO issued a registration for Kashtanova’s work, which was subsequently widely publicized as the first known instance of an AI-generated work being successfully registered with t

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‘U.S. Authorities Seize Z-Library Domain Names’

TorrentFreak

Pretty much every book ever written is available online for free and millions are shared through central hubs, commonly known as ‘shadow libraries’. Z-Library is one of the largest shadow libraries on the Internet. Through a variety of domain names, the site offers over 11 million books and 84 million articles. This has attracted a steady userbase and many millions of monthly visitors.

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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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Can an NFT infringe one's own trade mark rights? Yes, says Rome Court of First Instance

The IPKat

Bobo Vieri during his Juventus tenure Can the unauthorized production (minting), advertising, and offer for sale of a non-fungible token (NFT) infringe one’s own trade mark rights? The Rome Court of First Instance answered ‘yes’ in the context of a successful application for a preliminary injunction made by Juventus F.C. ( decision on 20 July 2022, case No 32072/2022 ).

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Global flows: The ties that bind in an interconnected world

McKinsey Operations

Economic and political turbulence have prompted speculation that the world is already deglobalizing. But the evidence suggests that global integration is here to stay, albeit with nuance.

Marketing 143

More Trending

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Dismissing Digital News Outlets: Liberal MP Claims Online News Services Don’t Report News

Michael Geist

Since its introduction last spring, online news outlets have expressed fears that Bill C-18, the Online News Act, will primarily benefit large incumbent news organizations. Those concerns grew once the Parliamentary Budget Officer estimated that more than 75% of the revenues would go to broadcasters such as Bell, Rogers, and the CBC. After Postmedia and Torstar collect their share, there may be little left for innovative online startups.

Reporting 145
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Supreme Court Grants Two IP Cases, Including Amgen v. Sanofi on Enablement

IP Watchdog

The U.S. Supreme Court granted petitions for certiorari in two intellectual property cases Friday, one dealing with the limits of extraterritorial application of the Lanham Act and another asking the High Court to weigh in on whether “enablement” means a specification must enable those skilled in the art “to reach the full scope of claimed embodiments” without undue experimentation.

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“Anna’s Archive” Opens the Door to Z-Library and Other Pirate Libraries

TorrentFreak

When the file-sharing revolution hit the mainstream well over a decade ago, many site operators and users positioned ‘sharing’ as an ideology. This altruistic belief has started to fade in recent years. For most pirate sites and services, money is the main driver, with piracy as the means to that end. There are some notable exceptions of course, especially in the publishing industry where free access to knowledge is advocated by Sci-Hub, LibGen, and others.

Privacy 145
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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

A few days ago The IPKat reported on the injunction issued by the Rome Court of First Instance regarding the unauthorized minting of NFTs from a trade mark perspective. Now, a further development on IP and NFTs comes from Spain, as Katfriend Mercedes Morán Ruiz (CEDRO) reports: Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

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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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How will the space economy change the world?

McKinsey Operations

Space is no longer the sole domain of governments and aerospace and defense companies. Businesses that pursue emerging opportunities now may gain a first-mover advantage.

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The Problem with Consensual Plagiarism

Plagiarism Today

Earlier today, video game critic and prominent YouTuber James Stephanie Sterling posted a video calling out a marketing firm working for Activision Blizzard in the run-up to the release of Call of Duty: Modern Warfare 2. . According to Sterling, an agency known as Hill + Knowlton Strategies reached out to a colleague of theirs, Laura Kate Dale, offering not just review keys to the game, but “features” that they could run on their site.

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That great, free First Amendment thing (Best of 2017)

Likelihood of Confusion

First published July 24, 2017. I was recently, and very briefly, the toast of whatever for my efforts in making the world safe for nasty trademark registrations under the banner. The post That great, free First Amendment thing (Best of 2017) appeared first on LIKELIHOOD OF CONFUSION™.

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WIPO Report: China Sees Massive Surge in IP Filings Across the Board

IP Watchdog

Worldwide IP filings increased by 3.6% in 2021, according to a report published November 21 by the World Intellectual Property Organization (WIPO). The increase came during a turbulent time for the world economy, at the height of the COVID-19 pandemic, as well as a global economic downturn. The biggest increase in patent filings was in Asia, where 67.6% of worldwide patent applications were filed.

Reporting 137
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U.S. Indicts Two Russians for Running the ‘Z-Library’ Piracy Ring

TorrentFreak

With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. The site had millions of regular readers who found a wealth of free knowledge and entertainment at their fingertips. This reign ended abruptly two weeks ago when the U.S. Department of Justice seized its domain names as part of a criminal investigation.

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Italian Supreme Court admits possibility of global delisting/removal orders … at least under Italian law

The IPKat

Unforgettable Kat. What can be the territorial scope of an injunction requiring a search engine to delist certain search results? This is a fundamental question when it comes to ensuring the effective protection of rights, including but not limited to IP rights, on the internet. It is also a question without an easy answer, given the conflicting rights and interests that come into consideration and require to be fairly balanced.

Law 141
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Author Talks: What poker pro Annie Duke can teach you about quitting on time

McKinsey Operations

Ever been told to quit while you’re ahead, or that winners never quit? Poker player-turned decision strategist Annie Duke explains why this advice is costing you time and money.

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A 5 Month Check-In on the Copyright Claims Board (CCB)

Technology & Marketing Law Blog

I prepared these statistics on November 18, 2022, roughly 5 months after launch. Total number of cases: 247. This continues to imply a run rate of about 600 cases per year, or less than 2 cases per day. According to this site , plaintiffs are represented in 69 cases (28%). Unsurprisingly, lawyer-represented plaintiffs are clearing the CCB’s initial screening at about 2x the rate of pro se plaintiffs.

Copyright 142
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Pirate Sites Calling Themselves Libraries are Pirate Sites

The Illusion of More

I know I’m arriving late to this party. It’s almost Thanksgiving, but it was back on November 3 that two Russian nationals—Anton Napolsky and Valeriia Ermakov—were arrested in Argentina at the request of the United States on charges of criminal copyright infringement, wire fraud, and money laundering. Concurrent with the arrests, authorities seized 241 domains […].

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Sign the Prenup: What Brands Can Learn From the Kanye West/Adidas IP Breakup

IP Watchdog

Trust and estate attorneys regularly advise their clients to enter into prenuptial agreements to protect the valuable assets each spouse brings to the marriage as well as how to distribute community property in the event of a divorce. Brand collaborations with celebrities, influencers or other brands are much like marriages, but brand collaborations are even more unlikely to last.

Branding 128
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Z-Library Aftermath Reveals that the Feds Seized Dozens of Domain Names

TorrentFreak

With millions of regular visitors, Z-Library is one of the largest repositories of pirated books on the Internet. The site has nearly 12 million copies of books in its digital archive, which is shared with the world for free. While many people appreciate the service, authors and publishers are not happy. The Authors Guild described the Z-Library as a “trade barrier” recently, while the Association of American Publishers branded the shadow library a “notorious” pirate site

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When foreign geographical names meet the domestic public – HMPTN WATER v CNIPA

The IPKat

Art. 10.2 of the PRC Trade Mark Law (TML, 2019 Amendment ) concerns a ground for refusal against foreign geographical names: No geographical names of administrative divisions at or above the county level or foreign geographical names known to the public may be used as trade marks, except where geographical names have other meanings or constitute part of a collective trade mark or certification trade mark.

Art 133
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Taking a skills-based approach to building the future workforce

McKinsey Operations

Our work with the Rework America Alliance highlights how a skills-based approach can help US employers expand talent pools and retain great workers—even through economic uncertainty.

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How Copyright Law Fosters Anti-Competitive Behavior, Part Infinity–Bayam v. ID Tech

Technology & Marketing Law Blog

Bayam and ID Tech run rival online jewelry businesses. Both use Shopify as a service provider. ID Tech believed that Bayam copies too much of its copyrighted website content and pursued a whirlwind of enforcement activity, including filing two lawsuits against Bayam and sending numerous DMCA takedown demands to Shopify. Bayam’s counternotices were ineffectual, leaving 123 Bayam products offline, and Shopify warned Bayam that it may terminate services to a repeat infringer.

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Prior Narrow Definition Does Not (Necessarily) Limit Claim Scope in Family Member

Patently-O

Finjan LLC v. ESET LLC , — F.4th — ( Fed. Cir. 2022 ). Finjan’s patents claim a system for checking downloadable files for security concerns. Back in 1996 when Finjan filed its original provisional application, the focus was on applets or other small downloadable programs. But downloadables today are much bulkier. Here, the claims require a number of operations on “a downloadable” and the parties have debated throughout the litigation how to construe that term.

Invention 126
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US Inventor Arguments for Opposing the Pride in Patent Ownership Act Fall Short on the Merits

IP Watchdog

Last September, a bipartisan pair of Senators introduced the Pride in Patent Ownership Act, which, if passed, would add greatly-needed transparency to our patent system. The legislation would require patent owners to disclose their identity to the U.S. Patent and Trademark Office (USPTO) when a patent issues and whenever it changes hands so that members of the public have easy access to information about who the true owners of patents are.

Ownership 127
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Z-Library’s Tor Network Site Has Also Gone Offline

TorrentFreak

With nearly 12 million books, Z-Library advertised itself as the largest repositories of pirated books on the Internet. The site had millions of regular readers who found a wealth of free knowledge and entertainment at their fingertips. This reign ended abruptly two weeks ago when the U.S. Department of Justice seized its domain names. Following an FBI investigation, the authorities identified Russian nationals Anton Napolsky and Valeriia Ermakova as prime suspects.

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The European Commission publishes the proposals for a revised Regulation and Directive on designs

The IPKat

On November 29, 2022, the European Commission published the long-awaited proposals for a revised Regulation and revised Directive on designs. The two proposals will now be transmitted to the European Parliament and the Council for adoption. This post summarises the main innovations of the two proposals. New definitions for “design” and “product” (Art. 2 Draft Directive, Art. 3 Draft Regulation) Draft Directive and Draft Regulation suggest a new definition for “design” and “product”, respectively

Designs 133
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Digital twins: Flying high, flexing fast

McKinsey Operations

Digital design and product development can provide new ways to solve complex problems. Getting implementation right means thoughtfully translating big ideas into boots on the ground.

Designs 138
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Another Rough Copyright Ruling for Internet Access Providers–Bodyguard v. RCN

Technology & Marketing Law Blog

This is another lawsuit against IAPs for subscribers’ BitTorrent activity. As I wrote previously : lawsuits against IAPs are problematic for many reasons, including the failure of 512(a), the danger of assuming that notices of claimed infringements (NOCIs) actually reflect infringing behavior, and the mismatch between the wrongdoing of alleged copyright infringement and the remedy of terminating Internet access.

Copyright 137
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On Copyright, the EFF Will Say Anything to Scare You

The Illusion of More

Are you gifted in the art of b t, but the popular conspiracy theories just aren’t for you? Do you enjoy riling people up about threats that are demonstrably false, but you just can’t get comfortable with QAnon or election deniers? Well, maybe you should consider an exciting career with the Electronic Frontier Foundation writing about […]. The post On Copyright, the EFF Will Say Anything to Scare You appeared first on The Illusion of More.

Copyright 125
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USPTO, Copyright Office Joint Study on NFTs Could Help Dispel Confusion About IP Ownership in Media Content Underlying Digital Assets

IP Watchdog

On November 23, the U.S. Patent and Trademark Office (USPTO) and the U.S. Copyright Office published a joint notice of inquiry in the Federal Register announcing that the two agencies would be collaborating on a study regarding intellectual property legal issues related to digital assets known as non-fungible tokens (NFTs). The announcement follows the dramatic rise in mainstream attention on NFTs due to their wildly fluctuating value, which has in turn created a great amount of confusion surrou

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Court Upholds Piracy Blocking Order Against Cloudflare’s 1.1.1.1 DNS Resolver

TorrentFreak

Website blocking has become an increasingly common anti-piracy tool around the globe. In dozens of countries, ISPs have been ordered by courts to block pirate sites, usually on copyright grounds. More recently, neutral DNS providers have been targeted as well. Earlier this year, an Italian court ordered Cloudflare to block three torrent sites on its public 1.1.1.1 DNS resolver.

Music 144
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Board of Appeal case law against the description amendment requirement starts to mount up (T 2194/19)

The IPKat

It is almost a year since publication of T 1989/18 made waves in the European patent community with its finding that the requirement to amend the description in line with the claims lacked legal basis. Since T 1989/18 we have had a number of Board of Appeal decisions on both sides, finding either legal basis or a lack of legal basis for the description amendment requirement.

Law 127
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The clean hydrogen opportunity for hydrocarbon-rich countries

McKinsey Operations

Hydrogen could play an important role in helping hard-to-abate sectors meet climate targets. Countries with hydrocarbon resources and industry expertise can help build and scale the needed technology.