November, 2023

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Is There an Ethical Way to Use AI Writing?

Plagiarism Today

One year after the launch of ChatGPT, a question lingers: Is there an ethical way to use AI writing? If so, what steps does one need to take? The post Is There an Ethical Way to Use AI Writing? appeared first on Plagiarism Today.

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Chided by the Canadian Federation of Library Associations for Defending Authors: What an Honour!

Hugh Stephens Blog

Image: Shutterstock All my life I have tried to behave well around librarians lest I be given a steely stare and be chided by the person on duty. I have tiptoed, suppressed coughs, and whispered in hushed tones. And generally, I have succeeded in avoiding reprimand. Until now. Lorisia McLeod, Chair of the Canadian Federation … Continue reading "Chided by the Canadian Federation of Library Associations for Defending Authors: What an Honour!

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AI is Not Creative Per the USCO and the Courts – And That’s a Good Thing

IP Watchdog

Recently, Wen Xie argued on IPWatchdog that the U.S. Copyright Office (USCO) and the U.S. Patent and Trademark Office (USPTO) have reached different conclusions regarding “the creative and conceiving capabilities of machines,” which leads to intellectual property (IP) law being self-contradictory. According to Xie, the USCO presumes that artificial intelligence (AI) is creative, while the USPTO does not reach a similar conclusion regarding AI inventorship.

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Will Supreme Court Consider Whether to Allow an Alternative to In-App Purchasing on the App Store?

Intellectual Property Law Blog

App developers who pay 30% commission fee to Apple via In-App Purchasing should take note of an important legal decision recently presented to the Supreme Court for possible review. The Supreme Court’s decision whether to take the case, and its ultimate decision if it does take the case, will directly affect the commission that developers must pay Apple to sell their products using the App Store.

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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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Spring Semester Law Student Intern Applications Now Open

Erik K Pelton

Erik M. Pelton & Associates (EMP&A) is a boutique firm focusing on trademark protection for businesses and brands, including trademark and copyright applications, trademark disputes, matters with the Trademark Trial and Appeal Board, trademark clearance searches, and other matters. We are seeking a law student for a paid IP/Trademark internship ($25/hr) from January to May 2024.

Law 162
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AI Copyright Infringement Suit Proceeds in California District Court

JD Supra Law

In an early test of the interplay between artificial intelligence (AI) and copyright law, the US District Court for the Northern District of California recently allowed a copyright infringement claim to proceed against an AI developer that used an artist’s works without authorization to train a machine learning model.

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Remembrance Day Poppies: Who Can Produce and Sell Them, including Designs Incorporating Them?

Hugh Stephens Blog

Photo: Author (Poppy paid for!) I was at a store a couple of days ago and as is common at this time of year, there was the tray of Remembrance Day poppies on offer, with the proceeds going to the Royal Canadian Legion. I slipped in my $5 donation (is that enough in these days … Continue reading "Remembrance Day Poppies: Who Can Produce and Sell Them, including Designs Incorporating Them?

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Cloudflare Blocks Abusive Content on its Ethereum Gateway

TorrentFreak

Popular Internet infrastructure service Cloudflare serves millions of customers and provides a variety of connectivity and privacy features to the general public. People can freely use the company’s open DNS resolver 1.1.1.1 , for example, or use its IPFS and Ethereum gateways to access content on these decentralized web services. One of Cloudflare’s main aims is to make the Internet more secure while respecting the privacy of its users.

Reporting 145
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Federal Circuit Vacates PTAB’s Decision Based on an Overly Narrow Claim Construction

Intellectual Property Law Blog

In Apple Inc. v. Corephotonics, LTD. , the court addressed two final written decisions in inter partes review (“IPR”) proceedings and in particular (1) whether the Patent Trial and Appeal Board’s (“PTAB” or “Board”) claim construction is correct when the intrinsic evidence supports a different construction and relatedly whether the PTAB’s first final written decision relying on its claim construction should be vacated and remanded and (2) whether, in the second final written decision, the PTAB’s

Invention 264
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Pablo Rodriguez Failed For Weeks to Say Anything About Funding for an Anti-Semite and Then Lied About What He Knew. He Should Resign.

Michael Geist

The government’s funding of Laith Marouf, a known anti-semite, sparked anger and condemnation last summer as many wondered how Canadian Heritage failed to conduct the necessary due diligence to weed him out as part of its anti-hate program. While government MPs such as Anthony Housefather urged action , then-Diversity Minister Ahmed Hussein was slow to respond and then-Canadian Heritage Minister Pablo Rodriguez inexplicably remained silent.

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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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With AI, Big Tech is No Longer Pretending to Care

The Illusion of More

As reported by Insider last week, the Andreessen Horowitz VC firm a16z, complains that potential copyright liability for AI developers could harm the interest of their investors. “Imposing the cost of actual or potential copyright liability on the creators of AI models will either kill or significantly hamper their development,” they state, as quoted by […] The post With AI, Big Tech is No Longer Pretending to Care appeared first on The Illusion of More.

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Sports Illustrated: AI-Generated Articles, AI-Generated Authors

Plagiarism Today

An article by Maggie Harrison at Futurism takes a look at the use of AI-generated content and AI-generated reporters at Sports Illustrated. According to Harrison, the publication received a tip from insiders at Sports Illustrated that the site was using a slew of fake journalists to serve as bylines for AI-generated content. When they investigated, … The post Sports Illustrated: AI-Generated Articles, AI-Generated Authors appeared first on Plagiarism Today.

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As Creator’s Rights Face New Challenges, Canada Needs to Keep Pace with International Developments

Hugh Stephens Blog

Image by Greg Altmann/Pixabay This blog post appeared first in Open Canada, the journal of the Canadian International Council, on November 20, 2023.

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Google Sues Men Who Weaponized DMCA Notices to Crush Competition

TorrentFreak

While all non-compliant DMCA takedown notices are invalid by default, there’s a huge difference between those sent in error and others crafted for purely malicious purposes. Bogus DMCA takedown notices are nothing new, but the rise of organized groups using malicious DMCA notices as a business tool has been apparent in recent years. Since the vast majority of culprits facing zero consequences, that may have acted as motivation to send more.

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Axonics, Inc. v. Medtronic, Inc. Nos. 2022-1532, 2022-1533, (Fed. Cir. August 7, 2023)

Intellectual Property Law Blog

This case addresses the ability of a petitioner in an IPR to present new evidence in a reply brief, particularly where the patent owner proposes a new claim construction in its patent owner response. Background Medtronic, Inc. (“Medtronic”) owns multiple patents relating to transcutaneous (i.e. through the skin) charging of implanted medical devices.

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BMI’s Insult that Keeps On Insulting! @hypebot: Radio doesn’t pay performers, but iHeart will get $100M from BMI sale to Google/Private Equity

The Trichordist

Bruce Houghton at Hypebot explains how BMI are not only screwing songwriters, but screwing artist/songwriters TWICE.

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What Are the Steps in the USPTO Trademark Application Process?

Erik K Pelton

The trademark application process has many twists and turns, and can be better managed with the help of an experienced trademark attorney. The post What Are the Steps in the USPTO Trademark Application Process? appeared first on Erik M Pelton & Associates, PLLC. The trademark application process has many twists and turns, and can be better managed with the help of an experienced trademark attorney.

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Professor Wins Default Judgement Against Essay Mill

Plagiarism Today

The Copyright Claims Board awarded a business professor $1,200 in damages from an essay mill that infringed him. But can he collect? The post Professor Wins Default Judgement Against Essay Mill appeared first on Plagiarism Today.

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Canadian Writers Speak Up: It’s Time to End the Education Sector Rip-off (600 Million Pages Unfairly Copied Annually)

Hugh Stephens Blog

Used with permission November 30 is the “day of action” for Canadian writers and publishers.

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FBI & Austria’s C4 Hit Z-Library With a Massive New Wave of Domain Seizures

TorrentFreak

This week marks the one-year anniversary of the United States government’s crackdown on Z-Library , one of the world’s largest shadow libraries. With legal proceedings underway in the United States, authorities have not given up trying to take Z-Library down. One of the site’s primary login domains, singlelogin.me, was seized alongside other domains early May this year.

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Federal Circuit’s Determination on Whether Fraudulent Conduct in Obtaining Incontestable Status Warrants the Mark’s Cancellation

Intellectual Property Law Blog

In Great Concepts, LLC, v. Chutter, Inc. , the Federal Circuit decided on whether the Trademark Trial and Appeal Board can cancel a trademark based on the inclusion of false statements in a declaration to obtain an incontestable status for the trademark. Background Great Concepts applied for and received trademark registration for DANTANNA’S, Registration No. 2929764 (the “’764 Mark”), for a restaurant.

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A plea for EU copyright unification coming from … the EUIPO?

The IPKat

As IPKat readers know, unlike other areas of IP, the creation of an EU-wide copyright title has never appeared like a concrete possibility. yet. Indeed, the history of EU copyright harmonization has progressed in steps, with several directives (and a couple of regulations) being adopted over a period of 30+ years. Despite the relatively limited legislative harmonization, over the past several years the copyright laws of individual EU Member States have nevertheless become more and more harmonize

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The WIPO Madrid Protocol’s International Trademark Filing System Part 2

Erik K Pelton

The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 2. [ For Part 1, see here. ] Here is more about how the Madrid System works: To obtain trademark protection in other countries, the owner will need a basic application or registration filed with a country with which: you have a personal or commercial relationship, and which is a part of the Madrid system Once you have the application or registration, you will file for yo

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3 Count: Hollywood Accounting

Plagiarism Today

Bohemian Rhapsody screenwriter settles with the studio, India moves to remove pirated movies, and PropllerAds hits back at the MPA. The post 3 Count: Hollywood Accounting appeared first on Plagiarism Today.

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Cross-border enforcement of judgments – new mechanism comes into force 29 January 2024

JD Supra Law

A wide-ranging mechanism allowing for easier reciprocal enforcement of judgments in mainland China and Hong Kong will come into force on 29 January 2024. The new enforcement regime should reduce the need to re-litigate judgments.

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YouTube Copyright ID Scammers Must Pay Artists $3.3m Restitution

TorrentFreak

In 2021, the US Department of Justice launched a criminal proceeding against two men suspected of running a massive YouTube Content ID scam. YouTube’s flagship anti-piracy system is supposed to protect rightsholders but, in this case, it was used to exploit them. Multi-Million Dollar Scam The scammers’ company, MediaMuv LLC., wasn’t a direct member of the Content ID program.

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Cyntec Company, Ltd. v. Chilisin Electronics Corp., Chilisin America Ltd. Nos. 2022-1873, (Fed. Cir. October 16, 2023)

Intellectual Property Law Blog

This case is primarily about the Daubert standard as applied to expert testimony on damages. The Federal Circuit reversed the Northern District of California’s admission of expert testimony on damages, which relied on calculations that failed to differentiate between infringing products and non-infringing products. The Federal Circuit also reiterated the standards for a judgment as a matter of law (“JMOL”) of non-obviousness, and clarified that “by means of” claim language does not limit to but-

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Blood Money:  BMI’s Mushy Press Release Buries The Lede on Google “Investment”

The Trichordist

BMI takes blood money from Google to sell itself. We know what you are, we’re just haggling about the price.

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Trademark Lessons from Taylor Swift The Eras Tour

Erik K Pelton

Erik reflects on similarities between The Eras Tour and the trademark application process in this podcast. The post Trademark Lessons from Taylor Swift The Eras Tour appeared first on Erik M Pelton & Associates, PLLC. Erik reflects on similarities between The Eras Tour and the trademark application process in this podcast.

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Plagiarism in Recruiting

Plagiarism Today

Recruiters have become increasingly worried about applicants committing plagiarism. Here's what they're doing, and what they should be doing. The post Plagiarism in Recruiting appeared first on Plagiarism Today.

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Patent Poetry: Court Awards $1.6 Million in Damages in “Bored Ape” Case

JD Supra Law

A federal district court judge has ordered a conceptual artist and his partner to pay more than $1.5 million in damages for copying Bored Ape’s Non-Fungible Token (NFT) art. Plaintiff Yuga Labs, Inc. is the creator of one of the world’s most well-known and successful NFT collections, known as the Bored Ape Yacht Club (BAYC).

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TorrentFreak Turns 18 Today (Hospital Edition)

TorrentFreak

On November 12, 2005, I started a ‘blog’ to share news snippets and information about emerging file-sharing technology. At the time it would’ve been unthinkable that it would still draw visitors in 2023. But here we are. Running a site like this on your own is impossible, so luckily Andy joined TF in 2006. Without his tireless input, the site wouldn’t be where it is today.

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Patent Community Slams USPTO’s Rush to Retire Old Software Systems Despite Patent Center Problems

IP Watchdog

Numerous letters have been submitted to the U.S. Patent and Trademark Office (USPTO) in recent weeks regarding the Office’s decision to retire Private PAIR and EFS-Web, the two main software systems used by patent applicants, on November 8. The organizations are urging the agency to delay the transition due to numerous bugs and missing features. Groups that have weighed in so far include the American Intellectual Property Law Association (AIPLA), the National Association of Patent Practitioners

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Guest post by Hampole, Truffa & Wong: Breaking the Glass Ceiling: The Power of Female Peer Networks

Patently-O

Guest post by Menaka Hampole , Assistant Professor of Finance, Yale School of Management, Francesca Truffa , Postdoctoral Scholar, Stanford Graduate School of Business, Ashley Wong , Assistant Professor of Economics, Tilburg University. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research.

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The WIPO Madrid Protocol’s International Trademark Filing System Part 1

Erik K Pelton

The following is an edited transcript of our video The WIPO Madrid Protocol’s International Trademark Filing System Part 1. The Madrid Protocol system is a trademark filing mechanism created by a series of protocols and agreements providing a cost-effective and efficient solution to register your mark in more than one country by using a single application.

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