August, 2024

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The Server Test Suffers A Major Blow

Plagiarism Today

In May 2007, the Ninth Circuit Court of Appeals handed down one of the most important rulings in the history of the internet, the Perfect 10 v Google ruling. The ruling established the “server test,” which allowed sites to embed copyright-protected content without infringement. Since the site wasn’t hosting the content, it wasn’t responsible for … The post The Server Test Suffers A Major Blow appeared first on Plagiarism Today.

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Pirate Streaming Giants Fboxz, AniWave, Zoroxtv & Others Dead in Major Collapse

TorrentFreak

Pirate streaming sites are a major problem for Hollywood and according to rightsholders, several of the largest sites are operated from Vietnam. Vietnam has been a focal point for more than half a decade. It was also the home country for the 123Movies streaming empire before it was shut down in 2018. Initially, little was known about the reasons behind 123Movies’ demise but after a few months, the MPA and ACE confirmed that the Vietnamese streaming site had been targeted in an internationa

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Publicity rights in the AI era: Key takeaways from artist Arijit Singh’s recent legal Victory in India

The IPKat

This cat is totally spooked by the idea of mew cloning! (photographed by Mina) In A rijit Singh v. Codible Ventures LLP and Ors. , the Bombay Court recently took a pro-publicity and -personality rights stance in an ex-parte ad-interim order concerning the unauthorized use and cloning of Indian artist Arijit Singh ’s voice by multiple defendants. The court ordered the following actions: (1) to take down, remove, delete, block access to, or suspend all infringing content that had been uploaded ; (

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[Audio] The Power of Genuine Networking for Entrepreneurs With OneSixOne Ventures” with Pablo Casilimas and Justis Mendez

JD Supra Law

How integral are networking and community-building to becoming a successful entrepreneur? Pablo Casilimas and Justis Mendez of OneSixOne Ventures join Founder Shares to discuss how they harnessed the power of these strategies to jumpstart their venture capital firm and connect founders and funders. Listen as they share some of the most useful insights, they gained from hosting highly curated programs and events in different cities across the country and hosting a virtual accelerator program that

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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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First AI Copyright Trial Starts This Week: What to Know

Copyright Lately

The AI copyright and fair use trial in Thomson Reuters v. Ross Intelligence may not be glamorous, but it will be groundbreaking. On Friday, August 23, jurors are scheduled to hear opening statements in the first trial to test whether using copyrighted data to train an AI program qualifies as fair use. The trial won’t take place in Silicon Valley, and Sarah Silverman and John Grisham won’t be taking the stand.

Copyright 126
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Thinking About an Old Copyright Case and Generative AI

The Illusion of More

The first copyright case decided at the U.S. Supreme Court was Wheaton v. Peters in 1834. There were six justices at the time, including the oft-quoted Joseph Story, and in a 4-2 decision, the Court made what I believe was a textual and, therefore, doctrinal error. The allegedly infringed works at issue were published reports […] The post Thinking About an Old Copyright Case and Generative AI appeared first on The Illusion of More.

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More Trending

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Webtoon Targets 170+ Pirate Domains Through DMCA Subpoena

TorrentFreak

Launched two decades ago, Webtoon Entertainment has established itself as one of the prime hosting platforms for short digital comics. Partly owned by the South Korean company Naver , Webtoon rode the popular ‘webtoon’ wave all the way to the Nasdaq exchange, where it got a listing this summer. With millions of creators on board, and roughly 170 million active monthly users, the webtoon company is seen as a growth story.

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OpenAI's granted large language model (LLM) patents

The IPKat

OpenAI's approach to IP is often cited in the tech industry as an example of a radically new approach to IP. OpenAI has the reputation for protecting its innovations through the use of trade secrets as opposed to patents. However, it appears that this characterisation of OpenAI's strategy is years out of date. This is perhaps not surprising, given that patent applications are not published until 18 months after they are filed, and that OpenAI's major innovation of ChatGPT was first released abou

Patent 125
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Legal Battles Over AI and Copyright: Emerging Trends in Intellectual Property Disputes

JD Supra Law

As artificial intelligence (AI) technology advances, it brings with it complex legal challenges, particularly in the realm of intellectual property (IP). Recent high-profile legal disputes have brought to the forefront the contentious issue of how copyrighted materials are used in training AI models. These cases are reshaping the landscape of IP law and AI development, highlighting the need for clearer regulations and guidelines.

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Fair Use Dooms Santos Suit Over Jimmy Kimmel's Prank Videos

IP Law 360

A New York federal judge said Monday that the fair use exception to copyright law is fatal to former U.S. Rep. George Santos' suit against ABC and Jimmy Kimmel over video clips that the late-night TV show host tricked the ex-congressman into making.

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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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Open Source AI? More Transparency, Please

IP Watchdog

Jockeying for position among the leading generative AI large language models (LLMs) has amplified their differences. Training models and code access are the source of some of the biggest disagreements. Should code for generative and other forms of AI be open or proprietary, protected under copyright, trade secret or even patent? There is a lot riding financially on the outcome, and there are good arguments for and against.

Copyright 118
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5 Things I’ve Learned Being a DMCA Agent for 100s of Sites

Plagiarism Today

After decades of sending DMCA notices, I began also serving as a DMCA agent. Several years later, here's what I've learned. The post 5 Things I’ve Learned Being a DMCA Agent for 100s of Sites appeared first on Plagiarism Today.

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Kim Dotcom’s Extradition to the U.S. Given Green Light By New Zealand

TorrentFreak

More than twelve years have passed since Megaupload became the prime target in a high-profile law enforcement operation, which led to the collapse of Kim Dotcom’s file-storage empire. While time moved on, the New Zealand-based ‘Internet personality’ was still waiting to hear whether he would be extradited to the United States where a criminal prosecution is pending.

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Eleventh Circuit Gives the Slip to the Duct-Taped Banana Copyright Appeel–Morford v. Cattelan

Technology & Marketing Law Blog

You probably recall this case. A California artist, Morford, created a work called “Banana and Orange” where he duct-taped the fruits to the wall. An Italian artist, Cattelan, created a work, “Comedian,” involving just a banana duct-taped to the wall. Cattelan sold Comedian for $100k+ (seriously?) and Morford sued him for copyright infringement.

Copyright 118
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DraftKings Dispute with Former Executive Presents Battle Over Choice of Law for Non-Compete Agreements

JD Supra Law

The ongoing battle between DraftKings Inc. and its former executive, Michael Hermalyn, remains contentious, with the District of Massachusetts’ decision to enforce Hermalyn’s non-compete now appealed and argued to the First Circuit.

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Eye-Opening Verdict: Lashify’s Patent Win Curls Industry Expectations

Patently-O

by Dennis Crouch This week a unanimous jury in Judge Albright’s W.D.Tex. courtroom filled out a very simple verdict form that favored the patentee Lashify over the accused infringer Worldbeauty, who sells drugstore lashes: Q: Did Lashify prove, by a preponderance of the evidence, that Worldbeauty has directly infringed the asserted claims of the asserted patents?

Patent 113
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How to Successfully License Consumer Products | IPWatchdog Unleashed

IP Watchdog

If you are an inventor of a consumer product there are reputable companies looking for inventions and ideas to bring to market, and their business model is built on taking products to market over and over again, and they are in constant need of new products and improvements. They also realize litigation is wasteful when you are dealing with products that often have a 1-, 2- or 3-year shelf life, so they are willing to do deals that allow them to quickly get products onto shelves and into the str

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‘White Fragility’ Author Accused of Plagiarizing Doctoral Thesis

Plagiarism Today

White Fragility Author Robin DiAngelo has been accused of plagiarizing her 2004 thesis. Here's a look at the severity of the allegations. The post ‘White Fragility’ Author Accused of Plagiarizing Doctoral Thesis appeared first on Plagiarism Today.

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Pirate Sites, Billions of Visits, Wiped Out in Hours: Sifting the Fmovies Wreckage

TorrentFreak

With an estimated 190 million visits in March 2024 alone, few pirate streaming sites have ever come to close to the popularity of Fmovies. How it was even possible for an unlicensed platform to attract so much traffic is closely linked to Fmovies’ uncanny ability to stay almost perpetually online, year after year. Potential answers to these questions lie in a rich pool of circumstantial evidence; one that promises much but always seems to fall short when it comes to the crunch.

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Top Takeaways from Order in the Andersen v. Stability AI Copyright Case

Copyright Alliance

On August 12, an order granting in part and denying in part motions to dismiss a first amended complaint was issued by Judge William Orrick (in the Northern District of […] The post Top Takeaways from Order in the Andersen v. Stability AI Copyright Case appeared first on Copyright Alliance.

Copyright 113
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ABA Issues Formal Ethics Opinion on Use of Generative AI Tools

JD Supra Law

Following in the footsteps of the U.S. Patent and Trademark Office and the state bars of California, Florida, New Jersey, New York, and Pennsylvania, the American Bar Association has weighed in on attorney's ethical use of Generative AI (GAI) tools with a formal ethics opinion entitled "Generative Artificial Intelligence Tools." The ABA opinion highlights many of the same ethical rules as the previous guidance, opinions, and reports, but from a different perspective.

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ITC Patent Jurisdiction: Roku’s Petition and Contreras’ Critique

Patently-O

by Dennis Crouch Roku, Inc. has asked the Supreme Court to review 2024 Federal Circuit decision affirming the US International Trade Commission’s (ITC) finding of a Section 337 violation based on infringement of a TV-remote patent owned by Universal Electronics, Inc. (UEI). US10593196 (method of configuring user interfaces on home theater devices to control other appliances).

Patent 113
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AI models and copyright infringement, Andersen v. Stability AI

Barry Sookman

Introduction and Background There is great interest in the question as to whether training and using AI models including generative AI models infringes copyright. Slowly, courts are winnowing out the plausible claims as the 26 or so cases wind through the courts in the United States. In an important decision, Judge William Orrick of the United States District Court for the Northern District of California partially granted and partially denied motions to dismiss in the case of Andersen et al. 

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My Big Piece of Advice for Students on Plagiarism in 2024

Plagiarism Today

For students returning to school worrying about plagiarism, I have a simple piece of advice: Learn the warning signs. The post My Big Piece of Advice for Students on Plagiarism in 2024 appeared first on Plagiarism Today.

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17-Year-old Student Exposes Germany’s ‘Secret’ Pirate Site Blocklist

TorrentFreak

In 2021, Germany joined a growing list of countries that have an institutionalized pirate site blocking scheme in place. Several large ISPs teamed up with copyright holders and launched the “Clearing Body for Copyright on the Internet” ( CUII ), which is responsible for handing down blocking ‘orders’. While CUII doesn’t rely on court judgments, there is some form of oversight.

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Get Ready to Comply: The EU’s AI Act is Now in Force

IP Watchdog

The European Artificial Intelligence (AI) Act officially came into force on Thursday, August 1, with most provisions of the regulation applying as of August 2, 2026. However, the regulation states that compliance for prohibited practices should be in effect by February 2, 2025, considering “the unacceptable risk associated with the use of AI in certain ways.

Business 118
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The Hazy Landscape of Trademark Protection for Cannabis Products in the U.S.

JD Supra Law

Navigating the cannabis industry’s legal landscape in the United States is like moving through an ever-evolving maze, especially in the world of intellectual property. As more states legalize cannabis for medical and recreational use, cannabis businesses are racing to establish their brands. Yet, the path to trademark protection remains foggy.

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Creator Spotlight with Singer/Songwriter Nedislav Dragnev 

Copyright Alliance

This week we’d like to introduce you to Nedislav Dragnev, a young performer and songwriter. He became popular in Europe and Asia and has accomplished impressive achievements in global entertainment, performing in shows and commercial projects. […] The post Creator Spotlight with Singer/Songwriter Nedislav Dragnev appeared first on Copyright Alliance.

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Plant variety rights for 'Sugraone' grapes invalidated in Italy

The IPKat

By its decision on 1 August 2024, the Court of Bari (Specialised Business Section) declared that the Italian plant variety right (PVR) for a seedless table grape variety named 'Sugraone' was invalid on the grounds of novelty. The decision (English translation here ) also dismissed the claims of trade mark infringement and invalidity. Images from Pixabay.

Marketing 114
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Masimo, Apple Fight Over Jury Hearing Trade Secrets Claims

IP Law 360

After a California jury deadlocked last year in Masimo's high-stakes intellectual property case against Apple over the way the latter company's watches are programmed to monitor blood oxygen, the medical technology contractor says it wants a bench trial to address its trade secrets claims next time around, but Apple is opposing that move.

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Popular Shadow Library ‘LibGen’ Breaks Down Amidst Legal Troubles

TorrentFreak

Library Genesis ( LibGen ) is one of the oldest shadow libraries on the Internet, offering free access to millions of books and academic papers people otherwise have to pay for. The site’s origins reportedly trace back to the Soviet Union’s underground publishing culture ‘ samizdat ,’ which was used to bypass state censorship in the last century.

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Copyright Office Recommends Unassignable Federal Right to Digital Replicas in First Generative AI Report

IP Watchdog

On the same day that a group of senators introduced a bill—the “NO FAKES Act”—to create a right for individuals to control digital replicas of their voice and likeness, the U.S. Copyright Office issued a report addressing digital replicas created by artificial intelligence (AI). This is part one of the agency’s broader report on issues related to the exploding use of generative AI platforms.

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Seismic Shift in Employment and Intellectual Property Rights: FTC’s Nationwide Ban on Noncompete Agreements

JD Supra Law

30 million is a BIG number! That is the estimated number of employment contracts that could be impacted by the Federal Trade Commission’s new rule banning non-competes, if it goes into effect on September 4, 2024, as scheduled. On April 23, 2024, the Federal Trade Commission (FTC) dropped a rule, at 16 CFR Part 910 that promises to upend the world of employment contracts and intellectual property (IP) rights.

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Greenwashing: A Form of Consumer Deception

Olartemoure Blog

Greenwashing is a marketing strategy that deceives or misleads consumers about a company’s sustainable practices or the environmental benefits of a particular good or service. This occurs when companies use terms like “100% sustainable,” “green,” “eco-friendly,” or “100% renewable” on their trademarks, branding, packaging, containers, or advertisements without having concrete environmental actions to substantiate those claims.

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[UPCKat] UPC asserts its jurisdiction in parallel patent proceedings in Mala v Nokia dispute

The IPKat

One of these things looks like the other. The UPCKat team is back covering an order which saw the Paris Central Division foraying into the wonderful world of EU regulations, namely Regulation (EU) No 1215/2012 (recast) , to determine whether it had jurisdiction when there were parallel German proceedings pending for the same patent (spoiler alert – the Paris CD decided it did).

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