November, 2021

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Facebook’s Plagiarism Problems Are Deeper Than You Realize

Plagiarism Today

Back in September , I reported on Facebook’s Widely Viewed Content Report and how Casey Newton, a reporter at The Verge, noticed that nearly all the top posts on Facebook for the quarter were plagiarized. . This month, Newton is at it again and recently published an updated article that looks at the latest quarterly Widely Viewed Content Report. The findings, to put it mildly are not shocking.

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Those Problematic Comments on Facebook—Who Bears Responsibility for Them??

Hugh Stephens Blog

Unless you have been living in a cave, you will be well aware of Facebook’s current travails, fed by whistle-blower Frances Haugen’s explosive testimony about how Facebook researched but ignored findings that suggested the company’s algorithms were harming individual users by promoting content that kept them engaged—but at a cost to their mental wellbeing.

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Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore

Intellectual Property Law Blog

I. Introduction. Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. PPH allows the participating patent offices to share information and to benefit from work performed by other participating patent offices, and thereby reducing examination workload and improving quality of patents.

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What are Letters of Protest at the USPTO?

Erik K Pelton

The following is an edited transcript of my video Letters of Protest at the USPTO. There is a tool that comes into play in a very small percentage of trademark application filings—but is an important tool to know about—called a letter of protest. It’s important to know about because sometimes you might want to send a letter of protest regarding somebody else’s trademark filing.

Editing 182
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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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Google Removes Pirate Bay Domains from Search Results Citing Dutch Court Order

TorrentFreak

While search engines are extremely helpful for the average Internet user, copyright holders also see a massive downside. The fact that infringing sites show up in search results has become a source of frustration and Google has been asked to “do more” on several occasions. In recent years the search engine has stepped up its anti-piracy game significantly.

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The WIPO Files I: the quest to protect user rights

Kluwer Copyright Blog

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This state of play was only disrupted in 2004, when Chile first proposed to WIPO’s Standing Committee on Copyright and Related Rights (SCCR) that it explore the issue of limitations and exceptions (L&Es).

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Why is New Zealand’s National Library Declaring War on Authors??

Hugh Stephens Blog

At first blush, one would think that a natural symbiotic link would exist between authors, publishers, librarians and readers. After all they are all part of what I could call the literature ecosystem, the chain of content that leads from the creation of a work to its dissemination to its consumption, either for entertainment or … Continue reading "Why is New Zealand’s National Library Declaring War on Authors??

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Book review: Performing Copyright: Law, Theatre and Authorship

The IPKat

As a previous drama student herself (who'd have guessed it!), this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre.

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What Is a Brand Style Guide

Erik K Pelton

The following is an edited transcript of my video, What Is a Brand Style Guide. A style guide is a wonderful asset for any brand that has grown beyond just one name or one logo to a portfolio of marks and logos and slogans. I have to admit, I’ve been in business for 20+ years and I never had a actual defined style guide until this year. So I wanted to share my experience going through a style guide with you and talk about the benefits and the key elements of the style guide.

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“The Pirate Bay Can’t Be Stopped ,” Co-Founder Says

TorrentFreak

This year, The Pirate Bay officially reached adulthood, which is quite an achievement considering the immense legal pressure it has faced over the years. The site was launched in 2003 under the wings of the now-disbanded pro-culture organization “Piratbyrån”, which is Swedish for Bureau of Piracy. The group was formed by political activists and hackers in the same year.

Music 145
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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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Press publishers’ right: social media enter the stage

Kluwer Copyright Blog

On 21 st October 2021, Facebook announced that it has reached an agreement with APIG , an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive. According to Facebook’s press release, the agreement “means that people on Facebook will be able to continue uploading and sharing news stories freely amongst their communities […]” (translated from French by DeepL).

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The Streamlabs (SLOBS) Plagiarism Scandal

Plagiarism Today

Streamlabs, a company that provides software that enables livestreaming, has long been a somewhat controversial figure in the streaming marketplace. Their main product, Streamlabs OBS (often abbreviated to SLOBS) is built on top of the open-source application OBS it’s been accused of creating confusion by using such a similar name for a commercial product.

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“It’s Not Really Our Fault: It’s the Algorithm”

Hugh Stephens Blog

This seems to be the prevailing view these days amongst the large digital social media and search platforms when the results of algorithmic selections they have programmed turn out to yield undesirable results.

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CJEU confirms that partial designs may be protected as unregistered designs (but conditions apply)

The IPKat

The Court of Justice of the European Union last week issued its preliminary ruling in C-123/20 Ferrari. In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). The request for preliminary ruling arose from a dispute between Ferrari and Mansory Design, currently pending before the German Federal Court of Justice (Bundesgerichtshof).

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Ten Steps in the Trademark Protection Decathlon

Erik K Pelton

The following is an edited transcript of my video, The Trademark Protection Decathlon. One of the most intriguing events in the Olympics is the decathlon, at least from my perspective. The decathlon was created to try to measure the most well-rounded athletes because it’s not just one event, one competition, it’s a total of 10 events. In case you’re not that familiar with it, it’s the 100 meters, the long jump, the shot put, the high jump, the 400 meters, the 110 meter hu

Trademark 147
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Dubious Outfit Uses Copyright Claims for Black Hat SEO Scheme

TorrentFreak

At TorrentFreak, we write about copyright issues on a daily basis. However, this week we find ourselves on the receiving end of an infringement claim. A few days ago we received an email from Robert Bradley at Photocredit.org. The outfit accused us of using a photo in one of our articles without permission from the copyright holder. Attribution Required.

Copyright 145
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Venue Mandamus Petitions Continue to Flow to the Federal Circuit

Patently-O

by Dennis Crouch. We’ve been writing a lot about venue and mandamus petitions at the Federal Circuit. The cases continue to flow to the court, and will continue so long as appellate panels continue to entertain them. In October 2021, 10 new mandamus petitions were filed to the Federal Circuit in patent cases. 22-100 In re: Overhead Door Corporation (E.D.

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3 Count: Grand Theft Mods

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.

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SAS v. WPL Litigation is of Great Importance to the Smallest Creators

The Illusion of More

Software companies SAS Institute of the U.S. and World Programming, Ltd. (WPL) of the UK have been litigants for more than a decade. By all accounts, WPL presents as a bad actor which lazily cloned SAS’s world-class analytics software. But before weighing the facts necessary to consider claims of IP infringement, the Federal Circuit Court […].

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[Guest post] At last Spain transposes the DSM Directive

The IPKat

Despite the deadline of 7 June 2021, most Member States are still busy transposing the DSM Directive into their own laws. This week it was the turn of Italy (more on that over the weekend) and Spain. Katfriend Miquel Pequera Poch (Universitat Oberta de Catalunya) analyzes the Spanish transposition of the directive - notably its Articles 15 and 17 - for us.

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50 Different Ways to Use A Trademark

Erik K Pelton

The following is an edited transcript of my video, 50 Ways to Use Your Trademark. Clients ask all the time, “Now that I’ve got my trademark protected or registered, how do I use it? Where do I use it?” The answer is relatively straightforward. It’s everywhere, anywhere you want. There are many different places and ways to use your trademarks.

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Court Orders Telegram to Block Access to Piracy Channels With Millions of Members

TorrentFreak

With over a quarter billion active users, Telegram is one on the most used messaging apps. In addition to direct chats, the application also allows people to create channels through which they can broadcast messages to unlimited audiences. This feature is regularly abused by pirates. These Telegram troubles were pointed out by the Motion Picture Association (MPA) just recently.

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Cloudflare Tests Limits of Contributory Copyright Infringement

IP Watchdog

One recurring thorn in the side of copyright owners is Cloudflare, the San Francisco-based web performance, optimization, and security company. Cloudflare offers many services to its customers, including a content delivery network that utilizes hundreds of servers around the world to cache its customers’ content. When an end user requests content from one of Cloudflare’s customers, it is delivered to that user from the cached copy on the nearest Cloudflare server—not the customer’s own web host

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3 Count: Bowser’s Last Stand

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Embattled copyright lawyer suspended from practice in New York. First off today, Blake Brittain at Reuters reports that controversial copyright lawyer Richard Liebowitz has been suspended from practicing law in New York State following a ruling by an appeals court. Liebowitz earned a reputation as a “copyright troll” filing thousands of lawsuits, mostly on behalf of photographers who’d had their

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Free Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18-Dec 17; Register by Nov 8]

SpicyIP

We’re pleased to inform you that Third World Network (TWN) and Jindal School of Government and Public Policy (JSGP) are organising a free five-week online course/workshop on ‘Access to Medicines, TRIPS and Patents’ from 18th November, 2021. The deadline for registration is 8th November, 2021. For further details, please read the announcement below: Online Course on ‘Access to Medicines, TRIPS and Patents’ [Nov 18 – Dec 17].

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Book Review: The Future of Intellectual Property

The IPKat

This is a book review of The Future of Intellectual Property , edited by Daniel J. Gervais , Milton R. Underwood Chair in Law at Vanderbilt University Law School, US. In the introduction, Gervais explains that the approach to discussing IP law reform taken in this edited collection is considering both primary and secondary level reform. He defines primary IP rights as those that have been part of law for more than 50 years.

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Trademark protection: worthy of raising a glass to!

Erik K Pelton

A toast to our numerous clients in the beer industry that we love to work with and sample! The post Trademark protection: worthy of raising a glass to! appeared first on Erik M Pelton & Associates, PLLC.

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Founder of Piracy & Subtitling Site YYeTs Sentenced to 3.5 Years in Prison

TorrentFreak

While China needs little prompting to shut down or block any websites that don’t fit a locally-approved profile, sometimes it needs encouragement from overseas. In 2014 the MPAA highlighted the activities of China-based YYeTs.com, a site known locally as Renren Yingshi. The platform was described as the most popular download site for copyrighted content in China, providing links in various formats, including for the popular Xunlei and BitTorrent clients.

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Research Exceptions in Comparative Copyright Law

Kluwer Copyright Blog

Promoting research and access to its products has always been a core purpose of copyright law, often expressed in limitations and exceptions for research uses. Recent legal scholarship has examined the need for copyright exceptions for text and data mining (TDM) methodologies, and the doctrines recently enacted to achieve this purpose. Empirical scholarship has highlighted the positive impact on scholarship of copyright exceptions for TDM and of more “open” exceptions for research uses.

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3 Count: Pirate NFTs

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: British Man Pleads Guilty in New York Over Global Movie Piracy Scheme. First off today, Jonathan Stempel at Reuters reports that UK citizen George Bridi has pleaded guilty in a New York courtroom to his involvement in a global piracy ring dubbed the Sparks Group. According to his confession, Bridi, as well as other members of the group, would get pre-release copies of movies from wholesalers, defeat the copyright

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Patenting Trends in Emerging Technologies: Blockchain Patents Grow from Three to 2,660 in Less than Five Years

IP Watchdog

Blockchain’s history begins in 1991, when Stuart Haber and W. Scott Stornetta published a paper describing a cryptographically secured chain of blocks. It took another 18 years before a developer who called himself Satoshi Nakamoto released a white paper that established the model for a blockchain and then, a year later, implemented the first blockchain as a public ledger for transactions using bitcoin.

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Transposing the DSM Directive: the draft Swedish implementation of Article 17

The IPKat

While some countries have already adopted the DSM Directive into their own laws (last week it was the turn of Spain and Italy: see here and here ), many are still working full force on implementing it, despite that the deadline has already passed. As to Sweden, a government inquiry was initiated last year and completed earlier this autumn. Only last month did the relevant Committee complete the inquiry; a memorandum has now been sent for consultation to relevant governmental agencies, organizati

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How to Use Proper Copyright Notice

Erik K Pelton

There is a lot of confusion about the benefits of using a copyright notice, and when and how to properly use the copyright symbol and notice. In this episode, Erik clarifies the how, when, and why to use copyright notice. For more on the visual, see [link]. The post How to Use Proper Copyright Notice appeared first on Erik M Pelton & Associates, PLLC.

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“The NFT Bay” Shares Multi-Terabyte Archive of ‘Pirated’ NFTs

TorrentFreak

NFTs have been booming over the past year. People are willing to pay millions of dollars just to prove that they “own” a digital item that was worthless before. These digital entries, stored on a blockchain, allow the buyers to prove that they are legitimate owners. While it’s different from a copyright, NFTs owners are rightsholders in a sense.

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Catching Up on NetChoice v. Paxton, the Challenge to Texas’ Social Media Censorship Law

Technology & Marketing Law Blog

Earlier this year, Texas enacted a brazenly censorial #MAGA bill, HB 20. My blog post analyzing the law. The law goes into effect on December 2 if it’s not enjoined, so a court decision should come in the next few days (this morning, the court is hearing oral arguments). I’m keeping my fingers crossed that the judge will recognize this as an easy case.