July, 2022

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One Month of the Copyright Claims Board

Plagiarism Today

It has been a just over a month since the Copyright Claims Board (CCB) first opened its doors and the first 70 cases in it have been filed. . Passed into law in December 2020 as part of the Copyright Alternative in Small-Claims Enforcement (CASE) Act, the CCB aims to serve as something of a small claims court for copyright cases, hearing cases where damages are capped at $15,000 per infringement and $30,000 per case.

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Sony Flags Its Own Website for Repeat Copyright Infringements

TorrentFreak

Copyright holders send out millions of takedown notices a day, hoping to remove pirated content or making it harder to find. The efficacy of the DMCA takedown process is open for debate but it certainly doesn’t help when companies flag their own websites as copyright infringing. Sony Targets Sony. This is exactly what happened a few days ago. In a notice sent on behalf of Sony Pictures Network India, the company asks Google to remove 34 URLs from the Sony Liv platform, which is owned by So

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The Great Attrition is making hiring harder. Are you searching the right talent pools?

McKinsey Operations

People keep quitting at record levels, yet companies are still trying to attract and retain them the same old ways. New research identifies five types of workers that employers can reach to fill jobs.

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Artificial Intelligence: Can it be an Inventor or an Author?

JD Supra Law

As the innovation paradigm in automotive industry shifted over time, artificial intelligence (“AI”) has deeply penetrated into operation of automotive industry. For example, integration of AI in automotive availed a broad range of consumer-friendly functions previously not navigated in automotive industry, such as autonomous driving, battery management, speech recognition.

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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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Artificial intelligence is not breaking patent law: EPO publishes DABUS decision (J 8/20)

The IPKat

The EPO Board of Appeal has published its full decision on the question of whether a machine can be an inventor ( J 8/20 ). The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). The decision in J 8/20 demonstrates that the current patent system is more than capable of dealing with AI inventions when and if they arise, without harming innovation or treating the AI i

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The Staffieri or Scott Quiz: Can You Tell the Difference Between the Rogers CEO and the CRTC Chair?

Michael Geist

The Standing Committee on Industry, Science and Technology hearing into the Rogers outage was notable for how similar Tony Staffieri, the Rogers CEO, and Ian Scott, the Chair of the CRTC, sounded on key issues related to the outage and the state of Canadian telecom regulation. In fact, Conservative MP Tracy Gray noted during the hearing that “listening to the answers from the executives at the CRTC, I felt like I was actually questioning senior telecom executives not the regulator.”

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Research Suggests That Software Piracy Lowers Poverty

TorrentFreak

When copyright holders discuss online piracy, they often highlight the associated losses. However, not all pirated downloads equal a loss. While there is certainly a group of pirates who simply refuse to pay for content, there are also people who simply can’t afford it. Piracy and Poverty. This is particularly true for software, which can be rather pricey.

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Best of both worlds: Balancing digital and physical channels in retail banking

McKinsey Operations

Banking distribution needs to account for the evolving interdependencies between channels. Accelerating digital and upgrading the physical experience to “phygital” offers a viable solution.

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Sealed with a fist

Likelihood of Confusion

I kvetch a lot about the mania for dubious “IP enforcement” by government agencies such as New York’s Metropolitan Transit Authority, which really should both know better and which have. The post Sealed with a fist appeared first on LIKELIHOOD OF CONFUSION™.

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EUIPO sets out guidelines for trade marks relating to virtual goods and NFTs

The IPKat

As noted by GuestKat Becky Knott in her earlier post ( here ), brand owners have been very active in protecting their brands through attempts to secure trade mark registrations in response to the rise of the Metaverse. In recent months, this Kat has been seeing a lot of discussions on filing strategies (in particular classification and specification drafting), particularly in the US and the EU, and on the oriental side in China and Japan.

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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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O Prior Art, Prior Art, Wherefore Art Though Prior Art? 

Patently-O

by Dennis Crouch. In a new opinion the court asked and answerd an interesting question: What if most on-point prior art was accidentally created due to a typographical error? In LG Electronics, Inc. v. ImmerVision, Inc., — F.4th — (Fed. Cir. 2022) , the Court sided with the patentee in holding that a person of skill in the art would have “disregarded or corrected” the error rather than relying on the error as the foundation of an inventive project.

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Testing the Bounds of Copyright Protection in Choreographic Works: Hanagami v. Epic Games, Inc.

IP Watchdog

In a recently filed suit involving the popular videogame Fortnite, the Central District of California faces an important question regarding copyright law: does a copyright in a registered choreographic work extend protection to a smaller portion of the work when that portion is copied by a third party and implemented as a dance move in a video game?

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Iconic Demonii BitTorrent Tracker Makes Comeback With Millions of Users

TorrentFreak

Trackers are a crucial part of the BitTorrent infrastructure, making it easier for downloaders and uploaders to connect to each other. Technically speaking trackers are similar to a DNS provider, they function as a ‘phone book’ pointing people to content without knowing what it is. Demonii Tracker. In 2015, Demonii was the largest torrent tracker around.

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Should US banks be moving to next-generation core banking platforms?

McKinsey Operations

Banks today urgently need a new core platform, but building one is time-consuming, expensive, and uncertain. It may help to think strategically and pursue a two-track process.

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Third Circuit Declares Copyright Independence for Fireworks Systems–Pyrotechnics v. XFX

Technology & Marketing Law Blog

This case involves copyright protection for fireworks systems–a relevant topic for July 4th! Pyrotechnics (under the “FireOne” brand) claims to be the “world leader in digital pyrotechnic firing systems.” The system involves a central unit, field modules, and software to run the system. Communication between the central unit and the field modules takes place via a “proprietary protocol.” FireTEK , a Romanian competitor, reverse-engineered Pyrotechnics

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Just when you thought it was over. it's not! Sky/SkyKick saga heading to UK Supreme Court

The IPKat

Sky/SkyKick - coming soon to a courtroom near you Readers interested in summer (and IP) blockbusters will be glad to learn that - like Scream , Puss in Boots , and Predator - the Sky/SkyKick saga is not over either. Earlier this week, in fact, the UK Supreme Court granted SkyKick permission to appeal the order made by the Court of Appeal on 26 July 2021.

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Who appeals (and wins) patent cases?

Patently-O

By Jason Rantanen. There are lots of studies of Federal Circuit decisions, but very few involve the link between all cases filed at the district court cases and appeals. This prompted the question for me: who actually files appeals in patent infringement cases and how representative are they of the underlying civil actions filed in the courts? It turns out that the answer is “mostly patent asserters” and that they aren’t necessarily representative of case filings.

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The Case for Patenting AI: U.S. Patent Laws Better Get Smart or Get Left Behind

IP Watchdog

The idea of patented inventions brings to mind machines fully realized - flying contraptions and engines with gears and pistons operating in coherent symphony. When it comes to artificial intelligence (AI), there are no contraptions, no gears, no pistons, and in a lot of cases, no machines. AI inventors sound much more like philosophers theorizing about machines, rather than mechanics describing a machine.

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127 Russian Cinemas Resort to Piracy, Movie Boss Says: “I Don’t Blame Them”

TorrentFreak

When Vladimir Putin gave the order for the latest stage of Russia’s invasion of Ukraine, he knew two things for sure: 1) there would be consequences but 2) they wouldn’t affect him. Five months later, the consequences are indeed being felt globally, but no more acutely than in Ukraine. Tens of thousands have died, millions are now refugees, and the economy faces decades of recovery.

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Forward Thinking on the sustainability revolution in textiles and the fashion industry with Edwin Keh

McKinsey Operations

The leader of a cutting-edge institute talks about innovative new materials that “eat” carbon and may enable cotton growing without irrigation, as well as the potential for building the world’s shortest supply chain in two 40-foot containers.

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Publishers’ Suit Against Internet Archive is Pro-Author, Not Anti-Library

The Illusion of More

“The raggedy state of my books that some readers and educators hand me to sign is the best compliment of all.” – Sandra Cisneros – The matter of Hachette et al. v. Internet Archive should be short work for a court in the Second Circuit (or any circuit). The allegations about IA imply an operation […]. The post Publishers’ Suit Against Internet Archive is Pro-Author, Not Anti-Library appeared first on The Illusion of More.

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A First Look at Copyright Claims Board (CCB) Filings

Technology & Marketing Law Blog

Today marks the 1-month anniversary of the Copyright Claims Board, so I thought it’s a good opportunity to take a very quick snapshot of the filings we’ve seen so far. My dataset. Number of Filings. The CCB has received 58 filings so far. That projects a total of approximately 700 filings annually. 10 claims have not been publicly posted to the website yet (including some of the earlier filings–what’s the holdup?).

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EPO: "EPO practice confirmed on adaptation of description"

The IPKat

Earlier this year, IPKat reported on the EPO's advertised workshop on description amendments ( IPKat ). The stated aim of the workshop, which took place at the end of June, was to provide users with "clarity" on description amendments in view of some recent conflicting decisions on the topic from the Boards of Appeal. The EPO has now reported that the workshop of experts "confirmed" EPO practice on description amendments.

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The PTAB Reform Act Will Make the PTAB’s Problems Worse

IP Watchdog

Recently, we submitted comments for the record to the Senate Judiciary Committee’s IP Subcommittee in response to its June 22 hearing on the Patent Trial and Appeal Board (PTAB), titled: “The Patent Trial and Appeal Board: Examining Proposals to Address Predictability, Certainty and Fairness.” The hearing focused on Senator Leahy’s PTAB Reform Act, which among other changes, would eliminate the discretion of the Director to deny institution of an inter partes review (IPR) petition based on an ea

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“You Wouldn’t Steal…” Research Shows Why Many Anti-Piracy Messages Fail

TorrentFreak

Over the past decades, the entertainment industries have tried out numerous anti-piracy messages. One of the most iconic videos is without doubt the “ You Wouldn’t Steal a Car ” campaign, which proved to be a fertile breeding ground for memes, satire, and ridicule. The ‘You Wouldn’t’ video is an extreme example but anti-piracy messages on the whole often miss the mark.

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Hybrid working models can leverage talent and skills across industries

McKinsey Operations

Digital technologies and advanced analytics are here to stay. Cognitive, digital, and self-leadership skills can help hybrid working models thrive in metals and mining and heavy industries.

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Internet Archive the Racket

The Illusion of More

I think we’ve figured out by now that you can fundraise by lying to people about a threat, right? You can tell them an election was stolen. Or that the internet is under attack. Or that movie stars are harvesting babies to make adrenochrome. Or you can tell them stuff like this. […]. The post Internet Archive the Racket appeared first on The Illusion of More.

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Old Is No Longer Gold: Do Copyright in Films/Songs Expire with the 60 Year Limit?

SpicyIP

We are pleased to present this piece by Mr. Rajesh Kumar and Ms. Akanksha Badika on the unresolved issues surrounding the term of the copyright in sound recording/cinematograph film and underlying work(s) under the Copyright Act, 1956. Rajesh Kumar works as the Head of Legal and Akanksha Badika works as the Legal Executive at Bhansali Productions, Mumbai (a film production house).

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Of geographical indications and their reputation

The IPKat

This Kat has recently assisted to a “ Track Case Law ” webinar, delivered by speakers from the Boards of Appeal (BoA) of the EUIPO. The webinar covered latest judgments of the BoA, General Court (GC) and Court of Justice of the European Union (CJEU). During the discussion, the speakers raised an interesting point: are all geographical indications (GIs) intrinsically reputed?

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When it Comes to Patent Reform, Watch What Google Does – Not What it Says

IP Watchdog

The debate over patent reform is heating up again. Last month, Google published a blog post on patent reform, purportedly aimed at promoting American innovation. In it, Google decried the rising tide of “wasteful patent litigation,” railed against the disfavored practice of “forum shopping” and advocated for pending legislation aimed at making it easier for large companies to challenge the validity of patents owned by smaller rivals — all in the name of promoting a patent system that “incentiviz

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Pirates Liberate Games From Battle.net To Send Message To Activision Blizzard

TorrentFreak

When videogames first began hitting the market more than 40 years ago, budgets were low, expectations were low, and customers were easily pleased. Today’s market has taken all of that and turned it on its head. Fueled by the type of budgets available to filmmakers and faced with massive competition, the videogame business abandoned its bedroom-coding roots long ago.

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US summer travel 2022

McKinsey Operations

McKinsey’s recent US travel survey shows that leisure travel is booming, and this summer many people are planning to take their vacations “no matter what”.

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Why Internet Archive is in Legal Trouble and Deserves to Be

The Illusion of More

My last post about the case Hachette et al., v. Internet Archive was angry. Moved by the compelling testimony author Sandra Cisneros wrote to the court, I was and remain pissed off at those who justify what amounts to enterprise-scale book piracy by dressing it up in the rhetoric of progressive lingo and academic theory. […]. The post Why Internet Archive is in Legal Trouble and Deserves to Be appeared first on The Illusion of More.

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Reasonable Expectation of Success as the Post-KSR Nonobviousness Hook

Patently-O

Tris Pharma v. Actavis Labs (Fed. Cir. 2022) ( non-precedential opinion ). One quirk of the Patent Act is Section 271(e), which creates infringement liability for simply seeking FDA approval to market a generic version of an already approved drug. 35 USC 271(e). Here, Actavis filed an Abbreviated New Drug Application (ANDA) seeking FDA approval to market a “liquid methylphenidate (MPH) oral suspension.” This is the same drug found in Ritalin and used to treat ADHD and other neurolo

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Member States must prevent unlawful uses of GIs also in exports, says CJEU in Feta case (C-159/20)

The IPKat

In its ruling delivered last week, the Court of Justice of the European Union (CJEU) found that Denmark had breached its obligations under Regulation (EU) No 1151/2012 , by failing to stop the use of the Greek PDO “Feta” on cheese produced in Denmark and intended for export outside of the EU (case C-159/20 ). The ruling originates from two complaints of the European Commission against Denmark over the production for exports of cheese under the name “Feta”, that is: “Danish Feta” and “Danish Feta

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