Plagiarism Today
MAY 23, 2023
The Andy Warhol ruling is less than a week old, but the Supreme Court may have just shaken the world of artificial intelligence to its core. The post What the Warhol Ruling May Mean for AI appeared first on Plagiarism Today.
Creative Law Center
MAY 7, 2023
Using Book Disclaimers to Protect Your Work and YourselfReal life inspires stories. It can't be helped. Writers observe, interpret, expound, and often twist based on what they see, hear, and how they feel about it. When a story has intimacy with reality, readers will see themselves in it. Sometimes what they see is not pretty, or […] The post Book Disclaimers: Tips for the Indie Author appeared first on Creative Law Center.
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TorrentFreak
MAY 31, 2023
Founded in 2008, RARBG evolved to become a key player in the torrent ecosystem. The site didn’t only attract millions of monthly visitors from all over the globe, it was also a major release hub, bridging the gap between the Scene and the broader pirate public. Today, the site’s fifteen year run unexpectedly came to an end. In a message posted on the site’s front page, the team says its farewells.
Intellectual Property Law Blog
MAY 22, 2023
On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. et al. v. Sanofi, et al. , No. 21-757. After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid.
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?
Hugh Stephens Blog
MAY 18, 2023
Just days after Canada’s controversial Online Streaming Act (aka Bill C-11) finally cleared Parliament and was proclaimed law, the CRTC (Canadian Radio-television and Telecommunication Commission), the regulatory body empowered to implement the widespread changes to the Broadcasting Act encompassed by C-11, seized the initiative.
Copyright Alliance
MAY 19, 2023
Yesterday, the Supreme Court, in a 7-2 opinion written by Justice Sonia Sotomayor, found that the purpose and character of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s photograph […] The post Landmark Warhol Decision Reins in Transformative Fair Use appeared first on Copyright Alliance.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Technology & Marketing Law Blog
MAY 18, 2023
Today was the 2023 Super Bowl of Internet Law at the U.S. Supreme Court [FN]. SCOTUS issued two eagerly awaited decisions in the Twitter v. Taamneh and Gonzalez v. Google cases (as well as decisions in the Warhol copyright fair use case and the Amgen patent enablement case). Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose.
TorrentFreak
MAY 31, 2023
The shock closure yesterdau of one of the world’s oldest and most reliable torrent sites ranks as one of the biggest surprises in recent years. Founded in 2008, RARBG had a reputation for taking the fundamentals seriously. The site offered the usual spread of movies and TV shows, available in various qualities and numerous file sizes. The site didn’t cover every single release but when trawling the archives, it certainly felt like it might.
SpicyIP
MAY 17, 2023
Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. The Special 301 Report is a unilateral measure whereby the identified countries, whose IP regimes are not in line with the trading interests of the US industries, are placed a threat of unilateral sanctions.
The Illusion of More
MAY 16, 2023
The big battle over application of the fair use defense has been focused on the highly subjective, often confusing, doctrine of “transformativeness,” which is addressed under factor one of the four-factor test. Factor one considers the purpose of the use, including whether the purpose is commercial; and over the past decade or so, several high-profile […] The post Court in Richard Prince Case Affirms that “Transformative” Has Boundaries appeared first on The Illusion of More.
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Kluwer Copyright Blog
MAY 9, 2023
TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.
Plagiarism Today
MAY 4, 2023
A jury has found in favor of Ed Sheeran in the Thinking Out Loud lawsuit. Here's why he likely won and what it means for other cases. The post Why Ed Sheeran Won the Thinking Out Loud Lawsuit appeared first on Plagiarism Today.
IP Watchdog
MAY 16, 2023
On day one of IPWatchdog’s Patent Litigation Masters program yesterday, the U.S. Supreme Court denied two patent eligibility cases that the U.S. Solicitor General had recommended granting. The denials make it fairly clear that the High Court is not interested in helping to resolve the current problems with U.S. patent eligibility law, which generally have to do with a lack of clarity, arguably fostered by many of the Court’s own precedents.
TorrentFreak
MAY 20, 2023
As one of the most notorious torrent sites, The Pirate Bay has been blocked by ISPs around the world. In response to these digital roadblocks, several proxy sites have sprung up to bypass these restrictions. Besides that, there are dedicated sites that help people to find these backdoors. The Proxy Bay “The Proxy Bay” has long been one of the leading information portals.
Patently-O
MAY 6, 2023
by Dennis Crouch The pace of technological advancement never ceases to amaze me, and it seems like even science fiction is struggling to keep up with reality. In recent months, we’ve witnessed some truly remarkable breakthroughs in the field of artificial intelligence (AI), and this latest development is right up there. Researchers have used GPT-style machine learning architecture to decode human thoughts by analyzing their functional MRI (fMRI) brain scans.
The Illusion of More
MAY 9, 2023
Just as it is folly to anthropomorphize computers and robots, it is also unhelpful to discuss the implications of generative AI in copyright law by analogizing machines to authors.[1] In 2019, I explored the idea that “machine learning” could be analogous to human reading if the human happens to have an eidetic memory. But this […] The post Let’s Stop Analogizing Human Creators to Machines appeared first on The Illusion of More.
The IPKat
MAY 15, 2023
Can a Board of Appeal overturn a finding of fact at first instance? Boards of Appeal case law on this question currently conflicts ( IPKat ). The question comes down to how much the principle of the free evaluation of evidence restricts the competency of the Boards to overturn findings of fact. The recent decision in T 0042/19 found merit on both sides of the argument, but concluded that the power of Boards of Appeal to overturn a finding of fact by a first instance department was generally curt
Plagiarism Today
MAY 22, 2023
A Texas A&M University-Commerce professor falsely accused many of his students of AI plagiarism. Here's what happened and why. The post Professor Falsely Students of ChatGPT Plagiarism appeared first on Plagiarism Today.
IP Watchdog
MAY 17, 2023
The House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet today held the first of several planned hearings about the impact of artificial intelligence (AI) on intellectual property, focusing in this initial hearing on copyright law. The witnesses included three artists, a professor, and an attorney with varying perspectives on the matter, although the artists all expressed similar concerns about the potentially dire effects of generative AI (GAI) applications o
TorrentFreak
MAY 23, 2023
If the best ideas are always the simplest, in 2016 software developer Elias Saba hit the jackpot. Two years after Amazon launched its first generation Fire TV, there was still no easy way to transfer files to the device. Released on the Amazon Appstore in November 2016, Saba’s ‘Downloader’ app offered users just two things; an empty URL field and a download button.
Kluwer Copyright Blog
MAY 15, 2023
Image by Gerd Altmann from Pixabay Recently, the German photographer Boris Eldagsen won a prestigious Sony World Photography Awards competition. After the winner was announced, the photographer disclosed that the image he submitted to the photography competition was generated through the use of an AI system and refused to accept the award. This has provoked a public discussion on whether AI should be attributed or mentioned when a work is generated by AI or using AI.
IP Tech Blog
MAY 15, 2023
A track called “ Heart on My Sleeve ” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. The pantomimed artist was Drake, no stranger to thirsty pining, backed by R&B artist The Weeknd. The song, however, was credited to Ghostwriter977, the alias of an anonymous TikToker, and neither Drake nor The Weeknd participated in the track’s creation.
SpicyIP
MAY 14, 2023
Prof Shamnad Basheer Moving from Faith-based positions to Fact-based positions has been a topic that Prof Shamnad Basheer had long been propounding on this blog, with several prominent examples such as the petition to the Government to make Indian patent information available online more than 15 years ago, to displaying glaring gaps in Form 27 declarations , from the “ Indian Bayh Dole” issues , to countering claims about textbook prices , and more.
Plagiarism Today
MAY 15, 2023
Paper Mills are not a new threat to academic publishing, but they've stayed relevant through quick pivots and a system that rewards them. The post Paper Mills: An Old Crisis in Academia Made New appeared first on Plagiarism Today.
IP Watchdog
MAY 15, 2023
You have to give them credit. The Department of Energy (DOE) bureaucracy doesn’t give up. For more than 40 years, they’ve been resisting the Bayh-Dole Act’s mandate cutting Washington out of micro-managing the commercialization of federally funded inventions. And under the guise of increasing domestic manufacturing, they’re well on their way to reasserting control.
TorrentFreak
MAY 27, 2023
The word ‘open’ in a connected world can be something positive. Open source, for example, or open library. On other occasions the opposite can be true; unnecessary ports left open on a router springs to mind. For millions of people using devices that appear to configure themselves, whether something is open or closed is irrelevant. If a device immediately works as promised, oftentimes that’s good enough.
Patently-O
MAY 18, 2023
by Dennis Crouch “The more one claims, the more one must enable.” In a unanimous opinion delivered by Justice Gorsuch, the Supreme Court has affirmed the Federal Circuit’s decision invalidating Amgen’s functionally claimed genus of monoclonal antibodies. The Court held that Amgen’s patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies.
JD Supra Law
MAY 19, 2023
This morning, the US Supreme Court issued its opinion in Amgen v. Sanofi, a closely watched case concerning patent law’s enablement requirement. Under that requirement, codified at 35 U.S.C. § 112(a), a patent specification must enable a person skilled in the relevant art “to make and use” the invention. In a unanimous decision, the Court affirmed the Federal Circuit’s ruling that the Amgen patent claims at issue are not enabled.
The IPKat
MAY 5, 2023
A recent dispute in Nigeria over trade mark registration and possible proprietorship over a movie title and a title character has brought to the fore questions regarding the processes and procedures at the Trade Mark Registry and whether movie titles and title characters without more should be registrable as trade marks in Nigeria. Facts In 1996, a film producer, Zeb Ejiro produced a movie titled ‘ Domitila ’ based on a screenplay which he also authored.
Copyright Lately
MAY 4, 2023
The jury has spoken: Ed Sheeran’s “Thinking Out Loud” doesn’t infringe the copyright in Marvin Gaye’s “Let’s Get It On.” It’s official: Ed Sheeran won’t be quitting the music business. If you were hoping that Ed Sheeran would quit the music business, sorry mate. Everyone else should be deeply relieved.
IP Watchdog
MAY 14, 2023
The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S. Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. Now that the agency is seeking public comments on the issue of AI inventorship, I reached out to Dr.
TorrentFreak
MAY 23, 2023
In recent years, many people have canceled their expensive cable subscriptions, opting to use cheaper Internet TV instead. Those who choose the cheapest plans often end up at pirate services. These may work flawlessly for years, until they don’t. Fiscal Police Raid IPTV Service Today, one of the largest pirate IPTV services was taken offline by the Dutch fiscal police ( FIOD ).
Patently-O
MAY 11, 2023
Guest Post by Paul R. Gugliuzza , Professor of Law, Temple University Beasley School of Law The judicial disability proceedings instituted against Federal Circuit Judge Pauline Newman have now spilled into litigation. As Dennis reported yesterday , Judge Newman filed a complaint in D.C. federal district court seeking, among other things, to enjoin and terminate the proceedings.
SpicyIP
MAY 14, 2023
On attributes of a researcher, Prof. Basheer said here “ As a researcher, you need to keep asking yourself why? You cannot take anything for granted. So you must be curious about everything in the world… ” Along with our launch of the SpicyIP Empirical Database series today, on Prof Basheer’s 47th birth anniversary, we are also very happy to open up applications for the recently announced SpicyIP Doctoral Fellowship.
Copyright Alliance
MAY 25, 2023
Last week’s Supreme Court decision in Andy Warhol Foundation (AWF) v. Goldsmith sent a thunderbolt throughout the copyright community unlike anything we have seen in decades. When the Court issued […] The post 10 Takeaways from the SCOTUS Decision in AWF v. Goldsmith (Part I) appeared first on Copyright Alliance.
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