March, 2023

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Is Plagiarism a Feature of AI?

Plagiarism Today

The Writers Guild of America has released a statement saying that plagiarism is a feature of AI. How true is that? The post Is Plagiarism a Feature of AI? appeared first on Plagiarism Today.

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Internet Archive is Liable for Copyright Infringement, Court Rules

TorrentFreak

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library is operated by a non-profit organization that scans physical books and then lends the digital copies to patrons in an ebook format. While ‘digital’ book lending is not uncommon, libraries typically loan out DRM-protected files after acquiring a license from publishers.

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Copyright Office Makes AI Authorship Policy Official

IP Watchdog

The U.S. Copyright Office (USCO) has announced a new statement of policy on “Works Containing Material Generated by Artificial Intelligence” that will be published in the Federal Register tomorrow, March 16. The statement comes following several recent cases that have tested the bounds of copyright protection for works generated solely or in part by AI authors.

Copyright 145
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Indigenous Art Under Licence: One Solution to the Problem of Theft of Indigenous Cultural Expression and Trade in Fake Indigenous Art (And WIPO is Working on Others)

Hugh Stephens Blog

Last fall I wrote about the ongoing problem of trade in fake Indigenous art. This applies to many genres and communities but is a particular problem in the Pacific Northwest, where I live, because of the richness of the art forms and their popularity among the public.

Art 246
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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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Competition in Canada Takes Another Hit: Government Gives Go Ahead for Rogers – Shaw Merger

Michael Geist

Innovation, Science and Industry Minister François-Philippe Champagne has worked hard to fashion himself as a future party leader based on boundless energy to sell Canada the world. Indeed, Champagne’s oft-repeated stories of cold calls that resulted in investments by companies such as Volkswagen and Moderna paint a picture of a minister jetting around the world in support of the Canadian economy.

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Another referral to the CJEU concerning communication to the public in hotel rooms (case C-723/22)

The IPKat

A new referral to the Court of Justice of the European Union (CJEU) has been recently made by the Higher Regional Court in Munich (OLG Munich) regarding the concept of “communication to the public” and its application to hotels’ activities. Louis-Michel in his hotel room The referral, which is reproduced below, concerns the interpretation of Art. 3(1) Directive 2001/29/EC as transposed into the German Copyright Act. § 15(2) of the German Copyright Act lists several rights, which fall within the

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Twitter Hunts Down Github User Who Leaked Company’s Source Code

TorrentFreak

On February 21, 2023, Twitter chief Elon Musk published a tweet suggesting that Twitter’s algorithm would be “ made open source ” before the end of that month. Before he took ownership of Twitter, Musk said that having the code out in the open would be a smart move, but the end of February came and went, without any code appearing in public.

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Generative AI: Unlocking the future of fashion

McKinsey Operations

While still nascent, generative AI has the potential to help fashion businesses become more productive, get to market faster, and serve customers better. The time to explore the technology is now.

Marketing 144
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“The Declaration on the Essential Role of Artists and Creative Expression in Canada Act”: Will it Become Law?

Hugh Stephens Blog

Last fall, in October, the Canadian Senate gave Third Reading to Bill S-208, “The Declaration on the Essential Role of Artists and Creative Expression in Canada Act”. That legislation, sponsored by Senator Patricia Bovey, a distinguished art historian by profession, (former director of the Winnipeg Art Gallery and the Art Gallery of Greater Victoria, Adjunct … Continue reading "“The Declaration on the Essential Role of Artists and Creative Expression in Canada Act”: Will it Become Law?

Law 246
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Industry, NGOs Spar Over Need to Extend TRIPS COVID IP Waiver at ITC Hearing

IP Watchdog

The International Trade Commission (ITC) conducted an all-day hearing today featuring a range of stakeholders with interests in the World Trade Organization’s (WTO) pending decision on extending what has come to be known as the TRIPS [Agreement on Trade-Related Aspects of Intellectual Property Rights] waiver from strictly COVID-19 vaccine technologies to COVID-19 related therapeutics and diagnostics.

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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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[Guest post] “Say Thanks to a Woman”: How patents can help you (IWD special)

The IPKat

On today's International Women's Day (IWD) The IPKat has received and is pleased to host a contribution by Katfriends Giorgia Golzio and Daniele Golzio reflecting on the contribution of women to technological advancement, with profiles of some notable female inventors throughout history being reviewed too. Here's what Giorgia and Daniele write: “Say Thanks to a Woman”: How Patents Can Help You!

Invention 142
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Why the Internet Archive Lost

Plagiarism Today

On Friday, a judge ruled in favor of the publishers against the Internet Archive. Here's why the Internet Archive lost that case. The post Why the Internet Archive Lost appeared first on Plagiarism Today.

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Zippyshare Quits After 17 Years, 45m Visits Per Month Makes No Money

TorrentFreak

When file-hosting service Zippyshare showed its first signs of life in September 2006, accessing the site using an iPhone was impossible; the smart phone’s existence wouldn’t be announced for another four months. Zippyshare’s success was built on solid yet basic foundations; straightforward free hosting of files, via a clean interface, at zero cost to the user.

Marketing 145
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What is design thinking?

McKinsey Operations

Design thinking is a systemic, intuitive, customer-focused problem-solving approach that organizations can use to respond to rapidly changing environments and to create maximum impact.

Designs 139
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Are Drill Bits Now Abstract Ideas Too?

Patently-O

The following is a really wonderful Guest Post from UC San Francisco Law School Professor Jeffrey Lefstin focusing on a recent ITC decision finding a claimed drill bit abstract because of its functional limitations. by Jeffrey Lefstin Not too long after the Supreme Court decided Mayo v. Prometheus , I wrote an article suggesting, based on some of the history that followed Funk Brothers , that patents on ordinary industrial processes and compositions could become ineligible in Mayo ’s wake.

Invention 123
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China Gains on Top Filers at European Patent Office

IP Watchdog

U.S. companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. The index showed that U.S. patent applications numbered 48,088, a 2.9% increase from 2021. However, China's filings jumped by 15.1% over 2021, keeping it in fourth place out of the top five countries of origin for applications and narrowing the gap between it and Japan, the number three filer.

Patent 132
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“Cacio Romano” does not infringe PDO “Pecorino Romano”, says Italian Supreme Court

The IPKat

With this Kat’s feed being flooded with the news of the ruling in “Pecorino Romano” v. “Cacio Romano”, she could not help but dive into the judgment herself. The case saw the Consortium of producers of protected designation of origin (PDO) “Pecorino Romano” acting against Formaggi Boccea, an Italian cheese producer, which owns “Cacio Romano” trade mark.

Art 141
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5 Easy Mistakes Made by Filers at the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board has received it's 400th case. However, common mistakes are keeping a lot of cases from being heard. The post 5 Easy Mistakes Made by Filers at the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 263
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Google Deindexes ‘Pirate’ IP Addresses When Used to Circumvent Blocking

TorrentFreak

When people use search engines to find pirate sites or pirated content, the results they receive today represent a massively edited subset of what is actually out there. In response to DMCA notices sent by rightsholders, billions of URLs have already been removed from Google’s search results. Every week, millions of new URLs are processed by Google and when individual domains are considered especially infringing, Google takes that as a downranking signal.

IP 145
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Taking fear out of innovation

McKinsey Operations

The risk and ambiguity inherent in innovation can make employees shy away from it. Creating an innovation culture where risk-taking is embraced must start at the top.

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USDA And USPTO Promoting Fair Competition And Innovation In The Seed Marketplace

JD Supra Law

On March 6, 2023, the U.S. Department of Agriculture (USDA) released its report on “More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs,” which was prepared in consultation with the U.S. Patent and Trademark Office (USPTO), Department of Justice (DOJ), and Federal Trade Commission (FTC).

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Copyright Claims Board Finds for Photographer on Infringement But Curbs Damages in First Final Decision

IP Watchdog

The Copyright Claims Board (CCB) has issued its first final decision since it was established by law in December 2020, finding in favor of a photographer who claimed a lawyer infringed his copyright by displaying one of his photographs on his law firm website. David Oppenheimer’s case against Douglas Prutton was referred to the CCB by the U.S. District Court for the Northern District of California in April 2022, two months before the Board opened to receive claims.

Copyright 128
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Generative Artificial Intelligence: US Copyright Office denies registration

The IPKat

On 21 February 2023, the US Copyright Office (USCO) issued a decision further to a request to register Zarya of the Dawn , a graphic novel that includes images created with the assistance of Midjourney , a generative Artificial Intelligence (AI) system. The case In September 2022, Ms. Kristina Kashtanova applied and obtained the copyright registration for the work “ Zarya of the Dawn ”.

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Protecting Your Photos from AI Manipulation with Photoguard

Plagiarism Today

Many artists are struggling to find ways to protect their images from AI usage. One team of researchers has an unusual idea, poison them. The post Protecting Your Photos from AI Manipulation with Photoguard appeared first on Plagiarism Today.

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DNS Resolver Quad9 Loses Global Pirate Site Blocking Case Against Sony

TorrentFreak

In 2021, Sony Music obtained an injunction ordering DNS resolver Quad9 to block the popular pirate site Canna.to. The injunction , issued by the District Court of Hamburg, required the Swiss DNS resolver to block its users from accessing the site to prevent the distribution of pirated copies of Evanescence’s album “ The Bitter Truth “ Quad9 Appeals Site Blocking Injunction The Quad9 Foundation fiercely opposed the injunction.

Music 145
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The next frontier of customer engagement: AI-enabled customer service

McKinsey Operations

AI-enabled customer service is now the quickest and most effective route for institutions to deliver personalized, proactive experiences that drive customer engagement.

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All Inventors are Human; All Humans are Inventors

Patently-O

by Dennis Crouch Petitioners in Thaler v. Vidal ask the Supreme Court one simple question: Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? Thaler Petition for Writ of Certiorari. Only a court with substantial hubris would be willing to take-on this case, but I’m confident that the Supreme Court is up for the task.

Inventor 122
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Will the Supreme Court Save Biopharma from CAFC Enablement Insanity?

IP Watchdog

The United States Supreme Court is soon poised to decide the fate of the enablement requirement, and the patent community is collectively holding its breath, wondering if the Court will strike a deathblow to the biopharmaceutical industry—simultaneously making all patents harder to get and even easier to challenge than they already are. The Supreme Court does not have a strong track record of objectively getting patent issues correct, at least not from a pro-innovation standpoint, although the J

Patent 127
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Trade mark protection for ‘METAVERSE’?

The IPKat

The Metaverse is supposed to be the next big thing. More and more companies test its potential and open offices and stores in the Metaverse. The impact of this development on trade marks and other IP rights has been discussed by fellow Kats here , here and here. But what about protection of the term ‘Metaverse’ as a trade mark? The Second Board of Appeal of EUIPO dealt with this question for the first time in two recent decisions concerning the trade marks METAVERSE FOOD ( R2357/2022-2 ) and MET

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Section 230 Protects Emailing an Article–Monge v. University of Pennsylvania

Technology & Marketing Law Blog

This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists. Dr. Monge sued Dr. Thomas (and many other defendants). For more background on this complex case, see this opinion. In this ruling, Dr. Thomas successfully invoked Section 230.

Blogging 129
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Cloudflare Disables Access to ‘Pirated’ Content on its IPFS Gateway

TorrentFreak

The InterPlanetary File System, more broadly known as IPFS , has been around for a few years now. While the name may sound a little alien to the public at large, the peer-to-peer file storage network has a growing user base among the tech-savvy. In short, IPFS is a decentralized network where users make files available to each other. A website using IPFS is served by a “swarm” of users in much the same way BitTorrent users share content with each other.

Reporting 143
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Space: The missing element of your strategy

McKinsey Operations

The space sector is at an inflection point similar to what commercial air travel experienced after World War II and the internet saw in the 1990s. Is your company ready to capture the opportunity?

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Preparing for Automated Examination

Patently-O

Associates around the country today are drafting motions, patent applications, and other documents using some version of ChatGPT. Of course, If I were a judge or examiner, I might also be interested in using AI to help facilitate my decision-making. ChatGPT is good for that as well and can provide a reasoned structure, including identifying of prior art and obviousness standards.

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IP Leaders Tell Congress, AI Masters Attendees, It’s Past Time for a Solid U.S. Innovation Strategy

IP Watchdog

The U.S. House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet held a hearing Wednesday that was part one of a series it will be running on IP and “Strategic Competition with China.” On the same day, speakers on the final panel of IPWatchdog’s AI Masters discussed many of the same issues addressed in the hearing, with the overwhelming takeaway across both panels being that the United States needs a new plan when it comes to IP protection in cutting-edge technol

IP 126
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G 2/21: Did the invention as originally disclosed embody the technical effect?

The IPKat

The Enlarged Board of Appeal (EBA) has released its written decision in G 2/21 on the question of post-published evidence. In G 2/21 , the EBA consciously avoids the rabbit hole of plausibility, dismissing it as a generic catch word that does not amount to a distinctive legal concept. For the EBA, the substantive question at the heart of G 2/21 is a familiar one that needs no reference to plausibility.

Invention 129