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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As Journalism Withers, “Garbage” News Takes Over: An Unexpected Result of the Facebook/Instagram News Blackout in Canada

Hugh Stephens Blog

Image: Shutterstock (with AI assist: Note AI misspelling) The sad, slow decline of professional journalism continues.

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Copyright and Tattoo Art

Creative Law Center

Copyright and tattoo. Understand the legal implications of ownership and how they can be changed with contracts. Plus a look at the historical roots of tattoo art. The post Copyright and Tattoo Art appeared first on Creative Law Center.

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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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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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[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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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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25 Classes of Goods and Services at the USPTO

Erik K Pelton

When applying for a trademark, it’s important to use the correct classification for your goods and/or services. Erik shares 25 of the many different classifications for goods and services in this episode. The post 25 Classes of Goods and Services at the USPTO appeared first on Erik M Pelton & Associates, PLLC. When applying for a trademark, it’s important to use the correct classification for your goods and/or services.

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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.

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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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AI News Roundup – China looking to set global AI standards, reconstruction of ancient writings, growth of AI summarization, and more

JD Supra Law

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following.

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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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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

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Grammarly Announces New Authorship Verification Tool

Plagiarism Today

Grammarly is introducing a new tool to detect plagiarism and AI-generated writing by examining how the author wrote the piece. The post Grammarly Announces New Authorship Verification Tool appeared first on Plagiarism Today.

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Is it too late to apply for trademark registration if you are already in business? Probably not!

Erik K Pelton

The following is an edited transcript of Chapter 9 of my book video Building a Bold Brand: Registration: Better Late than Never Ideally, a business should protect its trademarks from the outset, filing as the brand launches or even earlier based on an intent-to-use the mark. However, if that opportunity has passed, it is still tremendously valuable to seek registration of a trademark, because having the trademark registered prior to a future infringement or dispute is really the key.

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Copyright Moderation on YouTube following the implementation of Article 17 CDSMD

Kluwer Copyright Blog

The Digital Services Act (DSA) transparency database , while proving to be rather useless for misinformation or hate speech researchers, is very enlightening on copyright moderation. Platform governance researchers have long suspected that YouTube is the most heavily moderated platform on copyright issues, and we now have concrete proof of this. YouTube, to date, according to the DSA transparency database has submitted over 946 000 content moderation decisions featuring intellectual property i

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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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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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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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‘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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The Role of Trademarks in Erik’s Favorite Legal Movie

Erik K Pelton

Erik describes how his favorite comedy movie uses the power of a trademark to win a trial in this episode. The post The Role of Trademarks in Erik’s Favorite Legal Movie appeared first on Erik M Pelton & Associates, PLLC. Erik describes how his favorite comedy movie uses the power of a trademark to win a trial in this episode.

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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.

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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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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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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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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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Why the USPTO Trademark Registration Process Is A Long and Winding Road

Erik K Pelton

The following is an edited transcript of Chapter 8 of my book video Building a Bold Brand: The Trademark Registration Process: A Long and Winding Road The trademark application process at the United States Patent and Trademark Office (USPTO) is generally long, complex, and full of deadlines. It’s also full of bumps, potholes, detours, wrong exits, and toll booths.

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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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Japan vs. Manga Piracy: $800m Losses & 100 New Pirate Sites in One Month

TorrentFreak

Last month, Japan-based anti-piracy group Authorized Books of Japan (ABJ) ran a newspaper advertising campaign in the United States, Italy, Spain, and France. Its launch on July 17 was declared “Manga Day” and its purpose was to raise awareness of manga piracy by thanking those who pay for comics, rather than attacking those who do not pay.

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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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A Report from the White House’s Inaugural “Creator Economy Conference” (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Franklin Graves This week, I joined 100 other creators and creator economy professionals in attending the first ever White House Creator Economy Conference. The event, which I recapped in more detail for another publication, presented an interesting set of questions and opportunity for future development of the conversation around an economy that Goldman Sachs predicts to reach $480 billion by 2027.

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Plagiarism, Academic Integrity and the 2024 School Year

Plagiarism Today

In the United States, school is starting up again. Here are the plagiarism and academic integrity issues schools need to focus on. The post Plagiarism, Academic Integrity and the 2024 School Year appeared first on Plagiarism Today.

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25 Tips from a Former Trademark Examiner

Erik K Pelton

Erik shares key insider tips he learned from his time as a USPTO Examiner in this episode The post 25 Tips from a Former Trademark Examiner appeared first on Erik M Pelton & Associates, PLLC.

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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.

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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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Can You Prevent AI From Scraping Your Website Data? District Court Says Answer Lies in Copyright Law

JD Supra Law

As the prevalence of artificial intelligence (AI) continues to rise, complex questions regarding the regulation of AI data scraping remain relevant to both website owners and web data collection companies. Though many websites have attempted to prohibit AI data scraping of their content through their terms of use, a federal court clarified this year that the extent to which public data may be scraped from social media platforms should be governed by federal copyright law.

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What’s in a Colour? Taking a Look at Lupin’s Colour TM Application for its Inhalers 

SpicyIP

Recently Lupin Atlantis Holdings SA secured trademark registrations for three colour combinations for its inhalers. Highlighting some interesting bits from the prosecution of these applications and explaining the implications of these registrations on the larger access to medicines issues, we are pleased to bring to you this post by Md. Sabeeh Ahmad.

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