Plagiarism Today
NOVEMBER 16, 2021
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.
Hugh Stephens Blog
NOVEMBER 22, 2021
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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TorrentFreak
NOVEMBER 30, 2021
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.
Kluwer Copyright Blog
NOVEMBER 15, 2021
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).
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?
The IPKat
NOVEMBER 22, 2021
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.
Patently-O
NOVEMBER 2, 2021
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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Hugh Stephens Blog
NOVEMBER 15, 2021
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??
TorrentFreak
NOVEMBER 28, 2021
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.
Kluwer Copyright Blog
NOVEMBER 4, 2021
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).
The IPKat
NOVEMBER 7, 2021
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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The Illusion of More
NOVEMBER 15, 2021
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 […].
IP Watchdog
NOVEMBER 11, 2021
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
SpicyIP
NOVEMBER 7, 2021
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].
TorrentFreak
NOVEMBER 18, 2021
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.
Kluwer Copyright Blog
NOVEMBER 22, 2021
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.
The IPKat
NOVEMBER 5, 2021
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.
Technology & Marketing Law Blog
NOVEMBER 29, 2021
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.
IP Watchdog
NOVEMBER 9, 2021
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.
SpicyIP
NOVEMBER 11, 2021
We are pleased to inform our readers that the Fourth IP & Innovation Researchers of Asia Conference will be held online from February 9-12 , 2022. The deadline for submission of the request to present a paper and the abstract is December 10, 2021. For further details, please read the post below: Fourth IP & Innovation Researchers of Asia Conference.
TorrentFreak
NOVEMBER 16, 2021
Earlier this year a group of programmers and Grand Theft Auto enthusiasts released ‘re3’ and ‘reVC’, a pair of reverse engineered modifications for GTA 3 and Vice City. The projects allowed fans to enjoy these dated games with significant enhancements and were a hit with fans. However, Take-Two and Rockstar Games took exception and responded with a DMCA takedown filed at Github to have the repositories removed.
Copyright Lately
NOVEMBER 21, 2021
Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. Depending upon which side of the fence you’re sitting on, non-fungible tokens (NFTs) are either the greatest economic innovation of the twenty-first century or the biggest grift since Lyle Lanley sold Springfield a monorail.
The IPKat
NOVEMBER 4, 2021
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.
Technology & Marketing Law Blog
NOVEMBER 21, 2021
Though it might surprise you, copyright can protect individual emoji depictions. However, determining when they are copyrightable is a subtle art. This summer, the Copyright Review Board issued an interesting decision about the registrability of emojis. Though it won’t be the final word on the topic, the decision gives us more insights into the Copyright Office’s thinking on the matter.
IP Watchdog
NOVEMBER 18, 2021
Director Quentin Tarantino’s 1994 Pulp Fiction, considered among the most influential films in modern history, has emerged as a test case of sorts for issuing non-fungible tokens (NFTs) that relate to a copyright-protected work. The NFTs are being sold independent of Miramax, the producer and owner of the rights to the film, who says its ownership rights are being violated.
SpicyIP
NOVEMBER 11, 2021
We’re pleased to inform you that the NUALS Intellectual Property Law Review is inviting contributions to the fourth volume of the journal. The deadline for submissions is December 31, 2021. For further details, please read the call for papers below: Call for Papers: NUALS Intellectual Property Review (Vol. IV). The NUALS Intellectual Property Law Review (ISSN 2582-4244) is a peer-reviewed, double blind and open access journal, operating under the aegis of the Centre for Intellectual Property Rig
TorrentFreak
NOVEMBER 14, 2021
Day in and day out, dozens of new movies and TV shows leak online. This is something most pirates simply take for granted. Only a few people know who the suppliers are. This secrecy is much needed, as members of release groups risk criminal prosecution and multi-year prison sentences. The Piracy Supply Chain. When we take a closer look at this supply chain there are broadly two groups.
Patently-O
NOVEMBER 30, 2021
by Dennis Crouch. In his 1967 Ruschig decision, Judge Rich applied a colorful woodsman metaphor to the written description requirement: It is an old custom in the woods to mark trails by making blaze marks on the trees. It is no help in finding a trail or in finding one’s way through the woods where the trails have disappeared—or have not yet been made, which is more like the case here—to be confronted simply by a large number of unmarked trees.
The IPKat
NOVEMBER 9, 2021
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
Technology & Marketing Law Blog
NOVEMBER 20, 2021
Pro se litigants often claim that Internet services are state actors. Those claims have been universally rejected by courts. Yet some legislators and regulators, funded by our tax dollars, are taking the same meritless position… Sescey v. YouTube , 2021 WL 5399916 (E.D. Pa. Nov. 18, 2021). Based on the Complaint’s allegations, it appears the named Defendants – a private social media company and its legal department – are not subject to liability under Section 1983.
IP Watchdog
NOVEMBER 19, 2021
Is the European trademark system a victim of its own success? This was the question posed by Professor Barton Beebe of NYU School of Law at the Annual Sir Hugh Laddie Lecture at UCL-IBIL on November 9. Beebe argued that “trademark depletion is the most significant challenge the trademark system will face this century” and […].
SpicyIP
NOVEMBER 2, 2021
We’re very happy to bring our readers a guest post that uses a dataset of more than 300,000 trademark examination reports from the year 2019, as the basis for analysing the trademark registry’s examination process. The importance of having and using data while looking at the functioning of the various IP arms of the government is a point that the blog has often harped upon.
TorrentFreak
NOVEMBER 24, 2021
Downloading pirated copies of videogames from the internet has been a thing for around three decades already but today’s scene stands apart from the earliest days of the web. Where games of a few kilobytes once ruled the waves, these days files reaching tens of gigabytes are not unusual. Even now, not everyone has the bandwidth or time available to dedicate to grabbing these releases.
IPilogue
NOVEMBER 1, 2021
M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on October 27, 2021. On October 12, 2021, the County Court at Oxford (the Court) released its decision in Fairhurst v, Woodward ( Case No: G00MK161 ), holding that the Defendant, Jon Woodard, breached the United Kingdom’s Data Protection Act 2018 (the DPA) and the European Union’s General Data Protection Regulation (the Regulation
The IPKat
NOVEMBER 7, 2021
Merpel celebrated Halloween in Florence Together with Spain [Katpost here ] , this week it has been Italy’s turn to transpose the DSM Directive into its own law. Next week, the Legislative Decree approved by the Council of Ministers will be published on the Italian Official Journal ( Gazzetta Ufficiale ). During the summer, The IPKat discussed the content of some of the most ‘interesting’ draft provisions that Italy was considering adopting to implement the Directive into its own law.
JD Supra Law
NOVEMBER 19, 2021
A patentee may establish “minimum contacts” in a forum, thus subjecting itself to specific personal jurisdiction, by sending a cease and desist letter to the forum. Precedent concerning this issue has been evolving. Previously, the Federal Circuit held in Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc. that the district court for the District of Minnesota did not have personal jurisdiction over the defendant (a Louisiana corporation with a principal place of business in New Mexico) because it.
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