June, 2023

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The Pirate Bay Reopens its Doors to New Members After Four Years

TorrentFreak

When The Pirate Bay launched nearly 20 years ago, its main goal was to become a bastion of free and uncensored information. The site categorically rejects takedown requests from copyright holders and allows anyone to upload almost anything. Since its early days, The Pirate Bay has always been free to use and open to the public at large. Those who wanted to share files only had to register an account, which was easy enough.

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The Case of the Knock-Off Cookbook

Plagiarism Today

Cookbook author Joanne Lee Molinaro highlighted a copycat cookbook that has raised new questions about imitation in publishing. The post The Case of the Knock-Off Cookbook appeared first on Plagiarism Today.

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First patent revocation actions before the UPC have been filed

The IPKat

On 2 June 2023, the Unified Patent Court (UPC) received its first patent challenge of its existence. Here is a quick recap about the UPC, and a bit of info on these proceedings! What is the UPC? The UPC is a new patents court which came into force on 1 June 2023, made up of judges who are nationals of EU Member states that are participating in the UPC.

Patent 144
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AI-generated Content and Copyright Registration

Creative Law Center

If you use AI technology to create work, you can claim copyright protection for your contribution to that work. Here's how to file your application for copyright registration. The post AI-generated Content and Copyright Registration appeared first on Creative Law Center.

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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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Implications of the U.S. Controlled Digital Lending Decision in Canada Remain Unclear

Hugh Stephens Blog

Whether the decision against Internet Archive in the U.S. will have a chilling effect on controlled digital lending practices in Canada remains to be seen. Earlier this year, a U.S. district court ruled that San Francisco–based non-profit Internet Archive (IA) infringed the copyright of four international publishing houses when it loaned unlicensed digital copies of … Continue reading "Implications of the U.S.

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What to do if you received USPTO “Notice of Data Security Incident” regarding your trademark filing

Erik K Pelton

On Friday, the USPTO sent out a notice to many trademark owners who’s email address were “recently identified a data security incident that impacted domicile information in certain trademark filings between February 2020 and March 2023.” This incident is quite concerning, as the USPTO has maintained for several years that the applicant email address (when an application is filed using an attorney) would be hidden from all publicly accessible records.

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The Predictable Rise of Generative AI Spam

Plagiarism Today

A recent Newsguard report shines a light on the growth of AI spam news sites. Here's why Google has dropped the ball. The post The Predictable Rise of Generative AI Spam appeared first on Plagiarism Today.

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The Draft Bill C-11 Policy Direction: Canadian Heritage Implicitly Admits What It Spent Months Denying

Michael Geist

The government released its long-promised draft policy direction on Bill C-11 to the CRTC yesterday. The policy direction is open for public comment until July 25, 2023, after which the government will release a final version that gives the CRTC guidance on its expectations for how the bill will be interpreted. While Canadian Heritage was at pains to emphasize that the draft direction includes instructions that the “CRTC is directed not to impose regulatory requirements on online undertakings in

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PREVAIL Act Would Overhaul PTAB Practice

IP Watchdog

On the same day the Patent Eligibility Restoration Act of 2023 was introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC), the two senators, along with their colleagues, Dick Durbin (D-IL) and Mazie Hirono (D-HI), introduced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act today. The bill’s aim is to reform the Patent Trial and Appeal Board (PTAB) and would build upon Coons’ STRONGER Patents Act, introduced in 2019.

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Implementing the Online Streaming Act: Government Policy Directive to CRTC is Missing Key Elements

Hugh Stephens Blog

Roughly a month after the CRTC charged out the gate by launching public consultations on the regulations it will issue to implement Bill C-11, the Online Streaming Act, (Implementing Canada’s Online Streaming Act: The CRTC is Fast Out of the Gate), the government has finally issued the promised Policy Directive that is to guide these … Continue reading "Implementing the Online Streaming Act: Government Policy Directive to CRTC is Missing Key Elements"

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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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Book review: Intellectual Property Excesses

The IPKat

This is a review of Intellectual Property Excesses: Exploring the Boundaries of IP Protection , edited by Enrico Bonadio (City University London) and Aislinn O’Connell (Royal Holloway University of London). As the title suggests, this edited collection assembles examples of disputes that highlight IP at its most extreme, taking it to, what the editors refer to as “sometimes absurd outcomes which an unjustified overprotection of intellectual property may lead to.

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Z-Library Releases Tor-Enabled Desktop Launcher to Improve ‘Accessibility’

TorrentFreak

Over the years, Z-Library established itself as a premier source of pirated books, serving an audience of millions of users. Up until a few months ago, this all happened relatively quietly but everything changed when the United States launched a criminal case against two of its alleged operators. Z-Library lost access to over 200 domain names late last year and, a few weeks ago, the authorities carried out a new domain seizure round.

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The Major Obstacle to Detecting AI Writing

Plagiarism Today

There are countless tools to detect AI writing, however, all of them have a critical weakness. None give us the certainty to act. The post The Major Obstacle to Detecting AI Writing appeared first on Plagiarism Today.

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How Can AI Models Legally Obtain Training Data?–Doe 1 v. GitHub (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Doe 1 v. GitHub, Inc. is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. Given the importance of generative AI and the implications for other generative AI projects, and the number of legal issues involved, many legal observers were keen to follow the first few breadcrumbs in this case.

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U.S. Copyright Office Generative AI Event: Three Key Takeaways

IP Watchdog

On Wednesday, June 28, the United States Copyright Office (USCO) hosted a virtual event exploring guidance for registration of works containing generative artificial intelligence (AI) content. The hour-long event included a recap of the USCO’s previously released policy guidance and the Zarya of the Dawn partial registration refusal, staff walking through numerous examples of how AI technologies are being used, and a Q&A session consisting of pre-planned and live audience discussion.

Copyright 133
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Guest Post by Kevin Ahlstrom: Closing the Gender Innovation Gap with Guided Inventor Sessions

Patently-O

(Guest Post by Kevin Ahlstrom, Associate General Counsel, Patents, Meta. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here. – Jason) Guided invention sessions not only increase idea submission rates but also transform individuals’ perception of themselves as inventors.

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Trademark Ins and Outs

Erik K Pelton

What’s hot and what’s not in the world of trademark protection? Erik shares his list in this video. The post Trademark Ins and Outs appeared first on Erik M Pelton & Associates, PLLC. What’s hot and what’s not in the world of trademark protection? Erik shares his list in this video.

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Publishers Carpet-Bomb IPFS Gateway Operators With DMCA Notices

TorrentFreak

IPFS is a decentralized network that makes it possible to efficiently distribute high volumes of data between peers while avoiding downtime associated with regular hosting outages. The IPFS project describes the system as a peer-to-peer hypermedia protocol designed to preserve and grow humanity’s knowledge by making the web upgradeable, resilient, and more open.

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Copyright in Pride Flags

Plagiarism Today

June is pride month, and pride flags have long been crucial symbols during it. But how does copyright and trademark impact those flags? The post Copyright in Pride Flags appeared first on Plagiarism Today.

Copyright 278
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How Quickly are Judge Albright Patent Cases Going to Trial?

Intellectual Property Law Blog

Since being appointed to the bench in 2018, Judge Alan Albright in Waco Texas has had one of the busiest patent dockets in the nation, rivaling that of Delaware and the Eastern District of Texas. He quickly gained a reputation as providing a quick trial schedule and moving a case forward. Judge Albright has stated that he aims to get to trial within 24 months of a complaint being filed.

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Spotify Burns Another $30 million

The Trichordist

Maybe the reason Spotify can’t make a profit is because it is run by idiots.

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Patent Experts Sound Off on New Bills to Fix Eligibility and the PTAB

IP Watchdog

Last week was a big one for the potential future of the U.S. patent system. The deadline for comments on the U.S. Patent and Trademark Office’s (USPTO’s) Advance Notice of Proposed Rulemaking (ANPRM) on “Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings before the Patent Trial and Appeal Board [PTAB]” was Tuesday, June 20.

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Trademark Registration Gives a Brand Double Protection

Erik K Pelton

The following is an edited transcript of my video Trademark Registration Provides Double Protection. Trademark registration is such a valuable tool to protect a brand that it actually offers double protection, both before and after an incident occurs, should one happen. It’s like having both a smoke detector to tell you that there might be a fire and a fire extinguisher to help put out the fire.

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Megaupload Fugitive Arrested By Armed Police 11 Years After The Raid

TorrentFreak

The wheels of justice in the Megaupload case may have moved at a glacial pace over the last 11 years but there’s no doubt they continue to move. After entering into a plea deal with New Zealand authorities, last week former Megaupload coders Mathias Ortmann and Bram van der Kolk were sentenced at the High Court in Auckland to a total of five years in prison , to be served in New Zealand.

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How a Photographer Won Awards with Plagiarized Images

Plagiarism Today

An Italian photographer is facing allegations after winning several awards using another photographer's work. Here's how to prevent it. The post How a Photographer Won Awards with Plagiarized Images appeared first on Plagiarism Today.

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Yita LLC v. MacNeil IP LLC 2022-1373, 2022-1374 (Fed. Cir. June 6, 2023)

Intellectual Property Law Blog

This decision addresses the PTAB’s secondary considerations analysis in an IPR Final Written Decision. Background Appellant Yita sought inter partes review of two patents sharing a specification, both of which are directed to the vehicle floor tray. In one IPR, the Board determined that claims of one patent (the ’186 patent) were not unpatentable for obviousness.

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6 Tips for Doing Business in US Territories

Cogency Global

What this is: Businesses may be interested in conducting operations in US territories for several reasons, including access to the larger US market, favorable tax laws and incentives, a more stable political and economic environment, access to skilled labor and infrastructure and cultural proximity to the mainland US. What this means: However, don’t assume that you can just “jump in” and start doing business in US territories.

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Witnesses and House IP Subcommittee Members Skeptical About Extending TRIPS IP Waiver

IP Watchdog

The House of Representatives’ Subcommittee on Courts, Intellectual Property, and the Internet today held a hearing titled “IP and Strategic Competition with China: Part II – Prioritizing U.S. Innovation Over Assisting Foreign Adversaries,” which focused on the World Trade Organization’s (WTO’s) agreement on a waiver of IP rights for COVID-19 vaccine technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) last June.

IP 128
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When Two Identical Brand Names Coexist

Erik K Pelton

Yes, identical brand names can coexist. But there are criteria that need to be met, such as existing in different industries and offering different goods and services. Erik explains more and provides examples in this video. The post When Two Identical Brand Names Coexist appeared first on Erik M Pelton & Associates, PLLC. Yes, identical brand names can coexist.

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Six-Month Sentence For Sharing Pirated eBooks & Paywalled News Articles

TorrentFreak

Following a piracy crackdown in Denmark and the closure of the largest torrent sites as part of a joint Rights Alliance and police operation, content-hungry pirates dispersed to find new homes. With DanishBits and NordicBits consigned to history, many ended up at Asgaard, a relatively young private members site happy to take on new members. Opening up under these circumstances was a bold but risky move.

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Why Twitter is Being Sued for $250 Million

Plagiarism Today

Music publishers filed a $250 million lawsuit against Twitter. But despite the large numbers, the case is actually fairly mundane. The post Why Twitter is Being Sued for $250 Million appeared first on Plagiarism Today.

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Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101

Intellectual Property Law Blog

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023 , which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent eligibility requirements under Section 101 have been evolving by judicially-created exceptions stemming from the Supreme Court’s rulings in Alice and Mayo , and numerous Federal Circuit decisions that have interpreted the Alice and Mayo framework.

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To every cow her calf: claim against Organic Valley partially survives based on maternal separation

43(B)log

Takahashi-Mendoza v. Cooperative Regions of Organic Producer Pools, 2023 WL 3856722, No. 22-cv-05086-JST (N.D. Cal. May 19, 2023) Plaintiff sued defendant, which does business as Organic Valley, under the CLRA and UCL, challenging labels on milk that say: 1. “Organic Valley’s commitment to the highest organic standards and animal care practices helps make all our food delicious and nutritious”; 2.

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Black Inventors Hall of Fame Museum: Highlighting the Lost Stories of American Innovation

IP Watchdog

Some of the earliest chapters in the story of U.S. innovation have been written by Black Americans who not only advanced the state of industry in our country, but also fought to ensure that they were credited for what they achieved. Within the next few years, the city of Newark, NJ, will be the home of a museum properly paying homage to the historic contributions that these inventors have made to medical science, telecommunications, transportation and more.

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Rebranding? Do these three things

Erik K Pelton

The following is an edited transcript of my video 3 Things to Do When Rebranding We frequently work with businesses that are in the process of rebranding. Rebranding usually comes about one of two ways: Voluntarily , when a company decides that they want a refresh, they want a new brand, they’re pivoting, or they’ve decided that their old name wasn’t resonating and they’ve decided to rebrand.

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