December, 2021

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10 Christmas Copyright Stories

Plagiarism Today

It is that time of year again. The holiday season is upon, and we are now 10 days away from Christmas. So, as I do most years, I’m preparing to take some time off from the site until the new year (or just before) but I wanted to make sure that I left everyone with something seasonally appropriate. To that end, this is something of an advent calendar.

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Some Copyright Highlights in 2021-Around the World and in Canada?

Hugh Stephens Blog

It seems as if it was only a few weeks ago that I was writing a similar summary for 2020, the “annus horribilis” when COVID first hit us, but in fact it was 51 weeks ago yet many of the same pandemic and copyright-related issues that I wrote about last year are still with us, … Continue reading "Some Copyright Highlights in 2021-Around the World and in Canada?

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Historic $130m+ Patent Infringement Award Against the United States of America

Intellectual Property Law Blog

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). Sheppard Mullin partner Don Pelto and associates Kazim Naqvi, Rebecca Mackin, and Tom Carr were also key members of the trial team.

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Top Trademark Trends of 2021 (Meta TMA edition)

Erik K Pelton

Top Trademark Trends of 2021. By Erik Pelton®. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks. Here are what I found to be the most important trademark issues of the year: Trademark Modernization Act of 2020 (“TMA”) goes into effect.

Editing 147
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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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Fifth Circuit Issues an Important Online Jurisdiction Ruling–Johnson v. HuffPost

Technology & Marketing Law Blog

This is the most interesting Internet personal jurisdiction opinion I’ve read in years. I know that sounds like damning with faint praise, because many of you cannot find much enthusiasm about any jurisdiction ruling. Well, get excited about this one. If this opinion isn’t overwritten by further appeals, I’m likely to include it in my Internet Law reader as the principal case on jurisdiction–which would be the first time I’ve changed my principal cases on jurisdicti

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‘Widevine Dump”: Leaked Code Downloads HD Video from Disney+, Amazon, and Netflix

TorrentFreak

With more ways to stream online video than ever before, protecting video continues to be a key issue for copyright holders. This is often achieved through Digital Rights Management, which is often referred to by the initials DRM. In a nutshell, DRM is an anti-piracy tool that dictates when and where digital content can be accessed. Widevine DRM is one of the leading players in the field.

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How Can News Publishers Best Protect Their Content? The US Copyright Office Explores Options

Hugh Stephens Blog

This past October, the US Copyright Office (USCO) announced it would be undertaking “a public study to evaluate the effectiveness of current copyright protections for publishers in the United States, with a focus on press publishers.” The study, announced in the Federal Register, included a request for written submissions along with inviting stakeholders to participate … Continue reading "How Can News Publishers Best Protect Their Content?

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A Split Develops: Can Artificial Intelligence Invent Stuff?

JD Supra Law

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. A recent U.S. district court decision illustrates the consistent position taken in the U.S. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

Invention 145
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Trademark protection is a brand’s best friend

Erik K Pelton

Dogs might be man’s best friend, but trademark protection is a brand’s best friend. Here are some fun canine themed trademarks we’ve helped protect: The post Trademark protection is a brand’s best friend appeared first on Erik M Pelton & Associates, PLLC.

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Recipes Aren’t Copyrightable, No Matter How “Exciting” They Are–Coscarelli v. Esquared

Technology & Marketing Law Blog

This case involves vegan chef Chloe Coscarelli , the first vegan to win Food Network’s Cupcake Wars. That win made her a legend in the vegan community, and she has parlayed her fame into some great vegan cookbooks. She also connected with a management group to build a vegan fast-casual restaurant chain called “By Chloe.” Unfortunately, that relationship did not go well.

Copyright 144
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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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Court Orders WhatsApp To Block Groups Sharing Pirated Newspapers

TorrentFreak

Sharing copyrighted content online is certainly nothing new but over the years the sharing mechanisms have expanded to incorporate new methods of distribution. Where once peer-to-peer services were the obvious choice, these days people also utilize platforms such as WhatsApp, Discord and Facebook, which add social elements to the sharing experience by bringing like-minded people together, often around a central topic.

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We Need to Rethink YouTube

Plagiarism Today

The stories have become incredibly common. Last week, it was YouTuber Mark Fitzpatrick, better known as Totally Not Mark, who faced some 150 copyright claims on his channel from Toei Animation. Fitzpatrick, a prolific reviewer of anime, had gone from running a successful channel reviewing anime to, according to his video, finding himself without revenue and facing the loss of three years of his work.

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Books and Supply Chains: A Christmas Challenge for Authors, Publishers and Booksellers

Hugh Stephens Blog

On October 22, the Malta registered giant container ship Zim Kingston, enroute from South Korea to Vancouver, lost 109 containers overboard in heavy seas off the coast of Vancouver Island. Although four containers washed ashore further north up the coast, most are assumed to have sunk.

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Non-fungible tokens (NFTs) and copyright

WIPO Magazine

This year, NFTs (non-fungible token), the latest hype in the world of distributed ledgers and cryptocurrencies, have taken the art and tech worlds by storm. But what are the implications for copyright, if any?

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Preventing Trademark Problems is Like Preventing Cavities

Erik K Pelton

10The following is an edited transcript of my video, Preventing Trademark Problems is Like Preventing Cavities. Preventing trademark problems is like preventing cavities. lieve that is for two reasons. One is doing the work of taking care of my teeth: brushing, flossing, visiting the dentist regularly. A fair share probably is due to genetics, because I know other people in my family have had no or very few cavities as well.

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UK IPO launches call for views on Standard Essential Patents, innovation and competition

The IPKat

Image: gov.uk As published today on gov.uk, the UK's Intellectual Property Office (IPO) has launched a call for views on Standard Essential Patents (SEPs), intended to inform the position on whether the present framework requires change in order to best support innovation. This is a highly topical issue, with methods or devices which utilise technology that is essential to implementing a standard often being protected by patents, running the risk that a third-party manufacturer would be unable t

Patent 143
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Amazon, Lee Child & John Grisham Win $7.8m Judgment Against eBook Pirates

TorrentFreak

In a summer 2020 lawsuit , Amazon Content Services, publisher Penguin Random House and several authors including John Grisham and Lee Child, accused several pirate eBook sites of infringing their copyrights. The sites, which operated under the ‘Kiss Library’ brand, were available from domains including Kissly.net, Wtffastspring.bid, Libly.net, and Cheap-Library.com.

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7 Takeaways from YouTube’s Copyright Transparency Report

Plagiarism Today

Yesterday, YouTube published its first every Copyright Transparency Report. With that step, it follows in the footsteps of Google , Facebook , Reddit and other major industry players in publishing such a report. However, YouTube’s first report comes out in a very different context than the others. While it’s interesting to see the amount and kinds of copyright notices other providers see, YouTube has faced far more copyright criticism than those companies.

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Another Poke in the Eye for Authors and Publishers from New Zealand’s Libraries?

Hugh Stephens Blog

Despite the welcome news that the National Library of New Zealand is reconsidering its badly flawed decision to donate 600,000 surplus books, including many still under copyright, to the controversial US-based Internet Archive for digitization, the National Library of New Zealand and the country’s librarians through the Library and Information Association of New Zealand (LIANZ)–of … Continue reading "Another Poke in the Eye for Authors and Publishers from New Zealand’s Libraries?

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Airbnb Uses Section 230 to Defeat a Personal Injury Claim–Smith v. Airbnb

Technology & Marketing Law Blog

I was a little surprised by this ruling. The Ninth Circuit’s HomeAway ruling seemingly eliminated Section 230 for any transactions that Airbnb booked, at least in the Ninth Circuit. Yet, this court finds that Section 230 fully protects Airbnb…amazingly without a single citation to HomeAway. The plaintiff in this case suffered personal injuries after using the hot tub at an Airbnb rental (the “Old Barn”) hosted by Dennis.

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Creative Trademarks Are Alive and Well on Main Streets in America

Erik K Pelton

The following is an edited transcript of my video, Creative Trademarks Are Alive and Well on Main Streets in America. . One summer tradition that my family and I really enjoy is a great road trip to explore someplace new, especially smaller towns up and down the East Coast, where I’ve lived for my whole life. I’ve seen many of the small towns and college towns, but I’m always looking to explore new ones.

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Australia as a Model for Open Science

Velocity of Content

Australia as a model for cooperation among leaders in Open Science and the Scientific Publishing Ecosystem. As mentioned in our October 29 blog post , the need for cooperation and leadership at the highest levels of government, research institutions, funders and publishers was a common call among participants at the October 2019 Future of Science Event , co-hosted by Outsell and CCC.

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‘Wandavision’ Is The Most Pirated TV-Show of 2021

TorrentFreak

At the end of every year, we take a look at the most-downloaded TV episodes among torrenting pirates. For several years in a row the list was headed by Game of Thrones but that reign came to an end last year after the series ended. This changing of the guard coincided with the launch of several Disney+ exclusives, which do particularly well among the pirating public.

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What Mr. Beast’s Squid Game Video Says About Originality

Plagiarism Today

Mr. Beast, real name Jimmy Donaldson, is a YouTuber who has earned a reputation for his massive giveaways, massive projects and expensive stunts. However, one of his most recent videos has been drawing some criticism over allegations that it is plagiarizing its source material. In the video , Mr. Beast recreates all the games from the recent Netflix hit series Squid Game and puts 456 people through them with the promise that the ultimate winner will receive $456,000.

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Trademarks in outer space: supporting the off-world economy

WIPO Magazine

As private companies like Virgin Galactic, SpaceX and Blue Origin signal a shift from space exploration to commercialization, is the time ripe to re-visit trademarks and other intellectual property rights in space?

Trademark 141
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Armslist Loses Two Section 230 Rulings, But Still Defeats Both Lawsuits

Technology & Marketing Law Blog

Armslist has become a critical player for Section 230 jurisprudence in Wisconsin. It’s not going well for Armslist or Section 230. Due to the Seventh Circuit’s troubled Section 230 jurisprudence, two federal district judges in Wisconsin ruled that Armslist didn’t qualify for Section 230–even though the Wisconsin Supreme Court ruled otherwise.

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Trademark protection: an energizing boost for your brand

Erik K Pelton

At EMP&A, we love good coffee. And we love coffee brand clients who have great trademarks to protect – a few of which are in the image here. The post Trademark protection: an energizing boost for your brand appeared first on Erik M Pelton & Associates, PLLC.

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Let’s Stop “Fixing Copyright” for the Sake of our Digital Future

The Illusion of More

As 2021 winds down, and this blog approaches the mid-point of its tenth year, I ask the following question: Can certain folks stop trying to “fix copyright” in deference to the digital age now that the internet experiment has failed? For over twenty years, the principal argument underlying the “copyright is broken” narrative has been […].

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Nintendo Wins High Court Injunction to Block Access to Pirated Switch ROMs

TorrentFreak

Over the past several years Nintendo has been pouring resources into its fight against those who help to bypass security measures in its Switch console. Earlier this month Nintendo celebrated a win in a civil case against former Team-Xecuter member Gary Bowser, who agreed to pay the gaming giant $10m in damages. Nintendo also obtained a UK High Court injunction to block four Team-Xecuter-related websites back in 2019 but that did little to stop pirated game ROMs from being shared online.

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Why Spotify Removed So Many Comedy Albums

Plagiarism Today

Last week, Spotify removed a slew of popular comedians from their service including John Mulaney, Kevin Hart, Lewis Black and Tiffany Haddish to name just a few. The move was abrupt and left both the comedians and their fans in a lurch. However, the move didn’t come completely out of nowhere. It’s actually a battle that has been brewing for several years but has only now reached a tipping point.

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[Opinion] Can an AI system be an inventor ?

The IPKat

The AmeriKat braces for the take over of the machines.or more likely not. There has been much headline ink spilled on the question of AI-inventorship in the IP press and beyond. Kat friends Professor Kelvin FK Low ( National University of Singapore ), Professor Wai Yee Wan ( City University of Hong Kong ) and Associate Professor Ying-Chieh Wu (Seoul National University) examine the recent Australian and UK cases and critical analyzes the arguments on both sides in an attempt to answer that quest

Inventor 136
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The Law Bytes Podcast, Episode 112: Aaron Perzanowski on the Right to Repair

Michael Geist

The right to repair, whether consumer electronics, farm machinery or even health and medical equipment, is an issue that affects everyone. Given the implications for consumer and property rights, the sustainability of the agricultural sector, and protecting the environment, ensuring a right to repair would seem like an obvious political winner. Yet the issue has lagged, not the least of which because of restrictive copyright laws that can limit the ability to repair personal property.

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Save the Date! Free Webinar Tomorrow (12/8/21) on Radio Royalties and the American Music Fairness Act

The Trichordist

Learn about Radio Royalties and the American Music Fairness Act from industry stakeholders and experts during this FREE educational webinar sponsored by: Austin Music Foundation, Austin Texas… Read more "Save the Date! Free Webinar Tomorrow (12/8/21) on Radio Royalties and the American Music Fairness Act".

Music 134
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NY Gov. Hochul Vetoes eBook Lending Bill

The Illusion of More

Yesterday, New York State Governor Kathy Hochul vetoed A5837, the eBook lending bill, which is almost identical to bills in Rhode Island, Massachusetts, and Maryland. The Maryland law, set to take effect on the first of the new year, triggered litigation by the American Association of Publishers (AAP), primarily on the basis that these bills […].

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Pirate Party Fills Three Ministerial Positions in New Czech Government

TorrentFreak

When the Swedish Pirate Party was founded in early 2006, the majority of the mainstream press was skeptical, with some simply laughing it away. But they were wrong to dismiss this political movement right off the bat. Following their victory at the local elections, the Swedish Pirate Party secured a seat at the European Parliament in 2009, with another one being added a year later.