January, 2023

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AI Trends For 2023 - IP Protection For AI-Assisted Technology

JD Supra Law

While the Court of Appeals for the Federal Circuit made clear this year that only humans can be inventors and that an AI program itself cannot obtain a patent (see our prior coverage of Thaler v. Vidal ), this in no way means that AI-assisted inventions are not patentable.

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3 Steps to Protect Your Brand in the New Year

Erik K Pelton

The following is an edited transcript of my video 3 Steps to Protect Your Brand in the New Year. Protecting your brand has tremendous benefits for your business, and there are three things in particular to focus on at the beginning of the year and ensure that you are protected. Check your renewal deadlines for any trademark registrations you have. Whether they’re at the USPTO or internationally, look at all your registrations for any renewals that might be coming due this year.

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More Public Domain “Triumphs”: Winnie the Pooh “Blood and Honey”, and The Great Gatsby (Zombie Version)

Hugh Stephens Blog

Every year around the beginning of January, a lot of public domain hyperbole hits the airwaves with stories about how our lives are about to be enriched now that such-and-such a work is no longer under copyright protection but has fallen into the public domain.

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The Wave of AI Lawsuits Have Begun

Plagiarism Today

The future of AI and copyright is still very uncertain. However, it looks like we may get some answers soon as the lawsuits are pouring in. The post The Wave of AI Lawsuits Have Begun appeared first on Plagiarism Today.

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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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Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part II (Infringement and Defense)

Intellectual Property Law Blog

Mask Work Infringement. In analogizing semiconductor chips to traditional areas of copyright law, the legislative history notes that, just as a plagiarist who copies only one chapter of a book may be held liable for infringement, a person may be liable for copying a part of a mask work if it is a qualitatively important portion that results in substantial similarity.

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Watching Pirate Streams in the UK is Illegal: Risk of Prosecution “Minimal”

TorrentFreak

As outlined again only this month , people who simply watch pirate streams break UK law. If the content comes from an illegal source, it’s illegal to consume it under copyright law. That is a fact – there is no debate. The problem for rightsholders is that copyright cases are complex, difficult to prove, and won’t end in a prison sentence under civil law.

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Great Branding Examples

Erik K Pelton

The following is an edited transcript of my video Examples of Great Branding – to see the images and logos, watch the video below. I want to share several examples of great branding that I’ve encountered lately. The first example is from Peloton. If you notice the Peloton logo, it’s a nice, clean, simple, forward moving logo. They use the logo consistently and place it extremely well all the time.

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Why Can’t Canada Produce Top Quality Localized TV Drama like the Aussies Do?

Hugh Stephens Blog

Canada’s Online Streaming Act, (Bill C-11) the draft legislation that will bring online streaming content under the purview of the Broadcasting Act, will continue its slow progress through Parliament in 2023. Review in the Senate last year led to a number of amendments, one of which dealt with the definition of Canadian content (Cancon). That … Continue reading "Why Can’t Canada Produce Top Quality Localized TV Drama like the Aussies Do?

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AI: The Copyright and Plagiarism Story of 2022 and 2023

Plagiarism Today

Typically, when I do these year-end reviews, I cover a wide variety of stories that happened and separate out the copyright and plagiarism. Simply put, copyright and plagiarism are two different things. The former dealing with legal rights a creator has and the latter the ethics of attribution and reuse. Their interests over overlap, but year-to-year the concerns and stories are often very different.

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Protecting Semiconductor Chip Design under the Semiconductor Chip Protection Act of 1984 (SCPA) – Part I (Registration and Inspection)

Intellectual Property Law Blog

Understanding Mask Work. Mask work is a type of intellectual property protection designed to protect layout designs (topographies) of integrated circuits. It is authorized by the federal Semiconductor Chip Protection Act of 1984 (SCPA). The SCPA legally protects layouts of integrated circuits upon registration, making them illegal to copy without permission.

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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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Domain Registry Takes Sci-Hub’s.SE Domain Name Offline

TorrentFreak

By offering free access to millions of ‘paywalled’ research papers, Sci-Hub is often described as “The Pirate Bay of Science”. The site is used by researchers from all over the world to access papers they otherwise have a hard time accessing. For some, the site is essential to their work. Major academic publishers such as Elsevier, Wiley, and American Chemical Society are not happy with the rogue research library.

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Copyright Office Pilot Public Records System Mistakenly Reflects Cancellation of Registration for AI Graphic Novel

IP Watchdog

On Monday, January 23, the U.S. Copyright Office (USCO) Copyright Public Records System (CPRS) reflected that the registration for a graphic novel that was made using the AI text-to-image tool, Midjourney, had been cancelled. The Office has since clarified that the update was a system error (see above note). The USCO previously registered the work in September 2022.

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Constructing Trademark Protection: Measure Twice, Cut Once

Erik K Pelton

The following is an edited transcript of my video Trademarks: Measure Twice, Cut Once. What could carpentry and trademarks possibly have in common? It’s the phrase “ Measure twice, cut once.” This is such a simple but powerful phrase. It means hold up, double-check before you move forward. A bit more time up front could save you a lot of time or a fiasco later on.

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Where do US interests lie when It comes to Canada’s Online News Act?

Hugh Stephens Blog

Back in November, US Trade Representative Katherine Tai met virtually with her Canadian counterpart, International Trade Minister Mary Ng. According to the account of the meeting released by USTR, among the issues raised was impending or proposed Canadian legislation related to digital platforms; “Ambassador Tai expressed concern about Canada’s proposed unilateral digital service tax and … Continue reading "Where do US interests lie when It comes to Canada’s Online News Act?

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CNET’s AI Plagiarism Debacle

Plagiarism Today

CNET was recently called out for using an AI reporter for dozens of its stories. Then it went from bad to worse with mistakes and plagiarism. The post CNET’s AI Plagiarism Debacle appeared first on Plagiarism Today.

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What is generative AI?

McKinsey Operations

Generative artificial intelligence (AI) describes algorithms (such as ChatGPT) that can be used to create new content, including audio, code, images, text, simulations, and videos. Recent new breakthroughs in the field have the potential to drastically change the way we approach content creation.

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Usenet Provider Claims Supreme Court Victory Against Anti-Piracy Group BREIN

TorrentFreak

In 2009, anti-piracy group BREIN took News-Service Europe (NSE) – one of Europe’s largest Usenet providers at the time – to court. Representing the movie and music industries, BREIN argued that NSE must delete all infringing content from its servers, and in 2011 the Court of Amsterdam sided with the anti-piracy group. In its initial verdict, the Court concluded that NSE willingly facilitated online piracy through its services.

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"A S LIVE FOREVER" Fails to Function as a Trademark, Says TTAB

The TTABlog

Despite the Supreme Court's ruling in Iancu v. Brunetti , deeming the "scandalous and immoral" provision of Section 2(a) unconstitutional, your run-of-the mill obscenities are going to face a difficult hurdle to registration: failure-to-function. Mr. Brunetti himself found that out last year when his attempt to register "F**K" failed to clear that hurdle. [ TTABlogged here ].

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Beware of scam calls featuring spoof of Trademark Examining Attorney phone numbers

Erik K Pelton

I recently was made aware of yet another scam that is trying to take advantage of trademark filers. Watch this short video for more: According to the USPTO: Some customers have reported receiving calls from individuals falsely claiming to be from the United States Patent and Trademark Office (USPTO). The callers are requesting addresses, credit card information, and other personal data from customers and are demanding that customers pay various fees, such as publication fees or application defic

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Gold Standard test for novelty reigns supreme, even for subranges (T 1688/20)

The IPKat

The Board of Appeal decision in T 1688/20 rejects the usual tests for assessing the novelty of subranges, in favour of applying the Gold Standard test of novelty. In doing so, the Board of Appeal diverges from the established case law and Guidelines for Examination on the novelty of subranges. The Board of Appeals approach leads them to accept both the novelty and inventive step of a subrange that is very close to that of the prior art, and which has an overlapping technical effect with that of

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Does Twitter Ignore DMCA Notices?

Plagiarism Today

A recent lawsuit accuses Twitter of ignoring thousands of DMCA notices. Is this a systemic problem? We try, and fail, to look at the data. The post Does Twitter Ignore DMCA Notices? appeared first on Plagiarism Today.

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One billion days lost: How COVID-19 is hurting the US workforce

McKinsey Operations

COVID-19 may no longer be a pandemic, but the disease likely reduced the availability of the US workforce by as much as 2.6 percent in 2022—a burden on productivity that could last for years.

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Top 10 Most Popular Torrent Sites of 2023

TorrentFreak

YTS remains at the top of the list in 2023, despite the fact that the site and its users were subjected to various lawsuits in recent years. The main YTS domain name continues to draw millions of visitors per day. That’s quite an achievement when considering that the site only lists movie torrents. The annual list of popular torrent sites features well-known brands, and this year there are some notable additions.

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Darrell Issa Doesn’t Understand That He is the Problem

IP Watchdog

US Inventor is publicly opposing the appointment of Representative Darrell Issa (R – CA) to Chair the IP Subcommittee due to Issa’s record of IP reforms that are harmful to independent inventors and startups. To accomplish these IP reforms, Issa squelches the voices of independent inventors and startups while amplifying the voices of Big Tech and Chinese Communist Party (CCP) controlled multinationals.

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What Are Common Law Trademark Rights

Erik K Pelton

The following is an edited transcript of my video What Are Common Law Trademark Rights? What are common law trademark rights? These are rights that a business receives from using a trademark, brand name, logo, slogan, or some other indicator or source without registering it. There is not a requirement to register it—many businesses begin using their trademarks before they register them.

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2H 2022 Quick Links, Part 4 (Section 230, Consumer Reviews)

Technology & Marketing Law Blog

Section 230. * Ayala v. Viator, Inc., 2021 Mass. Super. LEXIS 1151 (Mass. Superior Ct. Nov. 19, 2021): The claims in the Second Amended Complaint seek to hold Defendants liable for content created and published by Defendants, not a third party who then posted it on their website. Ms. Ayala specifically references Defendants’ statements that they “pre-screened local tour operators” and ‘”pre-vet them all’ to ensure an exceptional experience.” Moreover, he

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Using Metadata to Spot Misinformation

Plagiarism Today

As concerns over misinformation plague journalism, the Content Authenticity Initiative is a consortium with a potential answer. The post Using Metadata to Spot Misinformation appeared first on Plagiarism Today.

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Artificial intelligence in strategy

McKinsey Operations

AI tools can help executives avoid biases in decisions, pull insights out of oceans of data, and make strategic choices more quickly. And that’s just the beginning.

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Illegal Streaming Detector Cars Can’t Track Firesticks Wrapped in Tin Foil

TorrentFreak

Early January, anti-piracy group FACT and West Mercia Police announced they would be visiting addresses in the UK to warn people away from pirate IPTV services. Police had obtained a customer list from a service they raided last year and, since many people hand over their real details to pirate services, tracking down some subscribers would’ve been trivial.

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The Most Significant Copyright Issues Likely to Arise in 2023

Copyright Alliance

During the first few weeks of 2023, we took a look back at 2022 by summarizing the most important copyright-related court cases, U.S. Copyright Office activities, and legislation that commanded […] The post The Most Significant Copyright Issues Likely to Arise in 2023 appeared first on Copyright Alliance.

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Law Firms Have Brands and Trademarks Too

Erik K Pelton

The following is an edited transcript of my video Protecting a Law Firm Brand. Over the years, we’ve had the good fortune to work with all types of businesses, including many law firms, to protect their brands. Law firm brands can be protected just like any other business. Law firms have logos, brand names, slogans, names for their newsletters or apps, or other features that are creative and worth protecting.

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What principles should guide African governments in realising the right to research in Africa?

The IPKat

In The right to research , Appadurai made the argument to “recognise that research is a specialised name for a generalised capacity, the capacity to make disciplined inquiries into those things we need to know, but do not know yet”. Since then, various scholars have aligned with the same or similar perspective of conceptualising research as an activity that goes beyond what one does or is able to do to what one has the qualities required to undertake.

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The Battle Over the Future of D&D

Plagiarism Today

Since the year 2000, much of what makes up the core of Dungeons & Dragons has been easily licensed for others to use. That’s because the Wizards of the Coast (WotC), the rightsholders, licensed the System Resource Document under the Open Gaming License (OGL). That document is what outlines many of the core mechanics of the game, including classes, equipment and the general gameplay rules.

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One billion days lost: How COVID-19 is hurting the US workforce

McKinsey Operations

COVID-19 may no longer be a pandemic, but the disease likely reduced the availability of the US workforce by as much as 2.6 percent in 2022—a burden on productivity that could last for years.

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Pirate Bay Proxy Site Challenges Police DMCA Takedown at GitHub

TorrentFreak

As one of the most notorious torrent sites, The Pirate Bay has been blocked by ISPs around the world. The UK was one of the first countries to do so more than a decade ago when the High Court ordered local ISPs to prevent users from accessing the site. These ISP blockades have ignited a cat-and-mouse game, with pirates actively looking for alternative routes to access the site.