Hugh Stephens Blog
JANUARY 18, 2023
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.
Plagiarism Today
JANUARY 17, 2023
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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IP Watchdog
JANUARY 24, 2023
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.
McKinsey Operations
JANUARY 19, 2023
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.
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?
TorrentFreak
JANUARY 11, 2023
Over the past several decades, Sony has established itself as a leading player in the technology, music, film, and gaming industries. The Japanese company hasn’t shied away from taking on the competition, but one adversary has proven particularly difficult to overcome; piracy. Sony recognized this threat early on. At the Americas Conference on Information Systems in 2000, Sony Pictures Entertainment’s U.S. senior vice president Steve Heckler declared an all-out attack on piracy.
The IPKat
JANUARY 24, 2023
The IPKat has received and is pleased to host the following legislative update on the new Ukrainian Copyright Law from Kateryna Militsyna and Liubov Maidanyk (both Taras Shevchenko National University of Kyiv). Here's what Kateryna and Liubov write : New Ukrainian Law on Copyright and Related Rights by Kateryna Militsyna and Liubov Maidanyk Last year, the Ukrainian copyright reform got on its fast track.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Plagiarism Today
JANUARY 3, 2023
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.
The TTABlog
JANUARY 9, 2023
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 ].
McKinsey Operations
JANUARY 9, 2023
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.
TorrentFreak
JANUARY 12, 2023
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 acquire papers they otherwise have a hard time accessing. For some, Sci-Hub is essential for their work. Major academic publishers such as Elsevier, Wiley, and American Chemical Society, view this rogue research library as a direct threat to their business model.
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The IPKat
JANUARY 19, 2023
In the era of silent films, Charlie Chaplin did rise to become a worldwide icon through his screen persona, the Tramp ( Charlot in several languages). It may therefore come as no surprise that companies, to this day, attempt to monetize in his iconic image. In a decision (only available in French) issued a few days ago, the EUIPO upheld the Office’s objections after having established that the below figurative depiction of Charlot is not eligible for EU trade mark (EUTM) registration: Background
IP Watchdog
JANUARY 23, 2023
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.
Plagiarism Today
JANUARY 25, 2023
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.
Copyright Alliance
JANUARY 19, 2023
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.
McKinsey Operations
JANUARY 4, 2023
Although a fully immersive, interconnected metaverse remains years away, mobility stakeholders can already capture real business value from the technologies designed to enable it.
TorrentFreak
JANUARY 21, 2023
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.
The IPKat
JANUARY 17, 2023
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
SpicyIP
JANUARY 18, 2023
As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. We are pleased to bring to you a guest post by Sandeep K. Rathod critically assessing some key aspects of the report.
IP Watchdog
JANUARY 28, 2023
As Robert Frost poetically noted, two roads diverged in the woods he was exploring. One road was well trod, easy to traverse, and the other less traveled, difficult and getting weedy. Sadly, although Americans pride themselves on innovation, American innovation, particularly inventorship, is now the difficult road. Bad decisions made in previous forks in the road have gradually undermined the innovative spirit in our nation, but some inventors in Washington, DC, next week want to change course b
Patently-O
JANUARY 24, 2023
by Dennis Crouch In 2022, the Federal Circuit held that an invention is only eligible for a US patent if a human conceived of the invention. Thus, no patents for invention wholly conceived by artificial intelligence. Thaler v. Vidal , 43 F.4th 1207 (Fed. Cir. 2022). Thaler’s petition for writ of certiorari to the US Supreme Court would have been due last week, but Thaler was able to obtain an extension with the petition now being due March 19, 2023.
McKinsey Operations
JANUARY 18, 2023
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.
TorrentFreak
JANUARY 26, 2023
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.
The IPKat
JANUARY 5, 2023
Zorro in the Brio Blu ad Last week, the Italian Supreme Court issued an important – if not truly seminal – judgment on the interplay between IP and freedom of expression ( decision 38165/2022, CO.GE.DI. International – Compagnia Generale Distribuzione s.p.a. v Zorro Productions Inc. ). In delivering its new judgment in the long-running (15+ years and counting!
SpicyIP
JANUARY 11, 2023
The Indian government has refused to disclose its collaboration agreements and investments made in developing and procuring India’s Covid 19 vaccine – Covaxin, the Indian mRNA and intranasal vaccine candidates. Despite widespread public interest in these arrangements, the government has consistently rejected Right to Information (RTI) applications requesting this information.
IP Watchdog
JANUARY 19, 2023
The U.S. Patent and Trademark Office (USPTO) and the Food and Drug Administration (FDA) today jointly held an all-day listening session featuring speakers from patient advocacy and industry groups, academia, and brand and generic pharmaceutical companies who weighed in on the relationship between patents and affordable access to medicines. The session was announced via a Federal Register Notice and request for comments on the subject, published on November 7, 2022, stemming from a joint July 202
Technology & Marketing Law Blog
JANUARY 25, 2023
Vivek Shah attended several Hollywood parties. While there, he preset the settings on his phone camera (including shutter speed, white balance, ISO, metering type, and exposure value) and asked friends or bystanders to use his phone to take photos of him with celebrities. He posted the photos to Facebook and his IMDB page ( this one? ). In 2012, the FBI arrested Shah for extortion, which sparked news coverage.
McKinsey Operations
JANUARY 24, 2023
A decade of favorable macroeconomic conditions and relatively easy growth has ended, signaling a new urgency for US wealth managers to rethink operating models and reenergize growth.
TorrentFreak
JANUARY 4, 2023
Any platform that allows users to upload and share content runs the risk of some users uploading content for which they hold no rights. Under copyright law, platforms can limit liability for the actions of their users provided they respond to DMCA takedown notices in a timely fashion and suspend or terminate users who repeatedly infringe copyright. If a platform fails in either respect, rightsholders may attempt to hold it liable for infringements that it had the ability to stop, but failed to d
The IPKat
JANUARY 24, 2023
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.
JD Supra Law
JANUARY 4, 2023
A significant portion of the workforce has adapted to working in today’s modern “office”— which includes working from a variety of locations (homes, corporate offices, coffee shops, airports, etc.) on any number of personal devices, including mobile phones, laptops, and tablets. But, have corporate information governance programs kept pace with this revolution?
IP Watchdog
JANUARY 16, 2023
Last week, artificial intelligence (AI) systems developer Dr. Stephen Thaler filed a motion for summary judgment in the U.S. District Court for the District of Columbia in a lawsuit over copyright eligibility for artwork created by AI systems. Thaler’s motion for summary judgment argues that AI-generated works are copyrightable under U.S. federal law and that the copyright should vest in Thaler under common law property principles and the work made for hire doctrine.
Patently-O
JANUARY 27, 2023
It is hard for me to believe that the US Supreme Court is hearing the case of Jack Daniels vs Bad Spaniels. For those who don’t know, Jack Daniels is a form of Whiskey. VIP Products makes and sells a squeaking dog toy known as “bad spaniels.” The setup here is a humorous parody, but JD is not laughing. Jack Daniels sent a cease-and-desist letter to VIP who then filed a declaratory judgment action in Arizona.
McKinsey Operations
JANUARY 11, 2023
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.
TorrentFreak
JANUARY 13, 2023
With tens of millions of fans playing every month, Genshin Impact is a huge free-to-play gaming success story. While Genshin Impact publisher Cognosphere undoubtedly enjoys this global attention, some groups of fans are taking their enthusiasm a little too far. As revealed by TorrentFreak last December, Cognosphere is targeting gamers who leak Genshin Impact content to the public in advance of the company’s schedule.
The IPKat
JANUARY 31, 2023
The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. The question became whether the patients could be considered members of the public, and whether their participation in the clinical trial therefore constituted prior public use of the formulation.
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