April, 2024

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Why Amazon is Overrun with Plagiarism and AI Garbage

Plagiarism Today

Amazon is facing criticism over AI-generated spam ebooks being sold in the Kindle Store. However, the problem goes back at least 15 years. The post Why Amazon is Overrun with Plagiarism and AI Garbage appeared first on Plagiarism Today.

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Plan Ahead

Erik K Pelton

Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand. The post Plan Ahead appeared first on Erik M Pelton & Associates, PLLC. Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand.

Branding 261
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U.S. “Know Your Customer” Proposal Will Put an End to Anonymous Cloud Users

TorrentFreak

It’s long been the case that access to certain services, whether on or offline, will only be granted when customers prove their identity. Often linked to financial products but in many cases basic money/goods transactions carried out online, handing over a name, address, date of birth and similar details, can increase confidence that a deal will more likely than not go according to plan.

Privacy 144
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Czech court finds that AI tool DALL-E cannot be the author of a copyright work

The IPKat

In a recent judgment (in Czech) which is one of the first of its kind in Europe, the Municipal Court of Prague (the Court) held that an image generated by an AI tool was not capable of being protected by copyright, as it was not authored by a natural person. Background The claimant in this case, which is anonymised in the Court's judgment, had asked the AI program DALL-E to create an image for the claimant's website.

Copyright 145
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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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An Independent Musician’s Perspective on the TikTok Legislation Before Congress

IP Watchdog

There are many loud voices making a lot of noise about TikTok right now, and as someone who makes “noise” for a living, I thought I’d provide an independent musician’s perspective on the TikTok legislation before Congress: I hope it passes, both as an American and as a music maker. First of all, this bill restricts TikTok, it does not “ban” the app.

Music 141
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Top 10 Legal Issues in the Cannabis Industry in 2024

JD Supra Law

In an industry known for its fast-paced changes, 2024 will be no different for cannabis. For all those with an eye on the industry, the number one question remains, is this the year for rescheduling? The answer is, maybe. And if not rescheduling, what about creating a safe harbor for banking? Again, maybe (albeit less likely).

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How we stack up against others offering trademark services

Erik K Pelton

We recognize that business owners have a choice when it comes to protecting their brand and who they hire to work with them. We stack up differently against most others in the field of trademarks. To the best of our knowledge, no one else offers the same suite of characteristics that we have at EMP&A, see below: The post How we stack up against others offering trademark services appeared first on Erik M Pelton & Associates, PLLC.

Trademark 263
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‘Expensive’ Streaming Services Are a Key Reason for Americans to ‘Pirate’

TorrentFreak

For online media consumers, things have improved significantly over the years. More content is being made available on-demand than ever before. Netflix set the tone a decade ago by offering movies and TV series online as a convenient alternative to piracy. This worked well, so well that more than a dozen other streaming services were launched, all with their own exclusive releases.

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[Guest Post] Long walk to copyright reform #9: The Copyright Amendment Bill ensures fair remuneration for South African creators and performers

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Desmond Oriakhogba (University of the Western Cape) on one of the important but largely overlooked aspect of South Africa’s Copyright Amendment Bill: provisions aimed at ensuring fair remuneration for South African creators and performers. Here’s what Desmond writes: The Copyright Amendment Bill ensures fair remuneration for South African creators and performers by Desmond O Oriakhogba.fair compensation n

Copyright 131
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The EU imperative to a free public domain: The case of Italian cultural heritage

Kluwer Copyright Blog

Image via Staatliche Museen, Berlin, Gemäldegalerie / Christoph Schmidt Public Domain Mark 1.0 For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. The human right to cultural participation has become a pillar of protecting and empowering individuals and communities.

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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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FTC Issues Final Rule Banning Non-Compete Agreements

JD Supra Law

On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition. The Final Rule will go into effect 120 days after being published in the Federal Register, though there will certainly be legal challenges to it.

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Megachurch Pastor Accused of Plagiarizing an Apology

Plagiarism Today

Lakepointe Church pastor Josh Howerton is accused of plagiarizing an apology. Sadly, it's not his first run in with plagiarism. The post Megachurch Pastor Accused of Plagiarizing an Apology appeared first on Plagiarism Today.

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Trademark Tips for Journalists

Erik K Pelton

Erik shares important tips for journalists to help them accurately report on trademark matters in this episode. The post Trademark Tips for Journalists appeared first on Erik M Pelton & Associates, PLLC. Erik shares important tips for journalists to help them accurately report on trademark matters in this episode.

Trademark 261
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Researchers Showcase Decentralized AI-Powered Torrent Search Engine

TorrentFreak

Twenty-five years ago, peer-to-peer file-sharing took the Internet by storm. The ability to search for and share content with complete strangers was nothing short of a revolution. In the years that followed, media consumption swiftly moved online. This usually involved content shared without permission, but pirate pioneers ultimately paved the way for new business models.

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The Licensing Vector: A Fair Approach to Content Use in LLMs

IP Watchdog

A spate of recent lawsuits is shining light on how some generative AI (GenAI) companies are using copyrighted materials, without permission, as a core part of their products. Among the most recent examples is the New York Times Company’s’ lawsuit against OpenAI, which alleges a variety of copyright-related claims. For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fai

Licensing 126
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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. And why is that? Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright.

Copyright 116
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South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

JD Supra Law

Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who value their privacy) and used them in a series of advertisements in a local mall.

Privacy 122
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The 5 Best Uses of the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board is a powerful tool for resolving copyright disputes, but only in certain situations. Here are five to remember. The post The 5 Best Uses of the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 242
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25 Tips When Brainstorming a New Name

Erik K Pelton

Erik shares 25 tips to consider when brainstorming brand names in this episode of our 25 series. The post 25 Tips When Brainstorming a New Name appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 tips to consider when brainstorming brand names in this episode of our 25 series.

Branding 227
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The Pirate Bay’s Oldest Torrent is Now 20 Years Old

TorrentFreak

When The Pirate Bay first came online, in the second half of 2003 , the ‘internet’ looked nothing like it does today. A Harvard student had yet to start writing the first lines of code on a new idea, called “TheFacebook” YouTube wasn’t around yet either, and the same was true for the smartphones that dominate people’s lives today.

Copying 136
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FTC Sets Meeting to Vote on Final Noncompete Rule

IP Watchdog

Federal Trade Commission (FTC) Chair Lina Khan announced yesterday that there will be a Special Open Commission Meeting held on April 23 to vote on whether to issue a final version of the January 2023 proposed rule that would ban employers from using noncompete clauses for their employees. “The proposed final rule being considered would generally prevent most employers from using noncompete clauses,” said the Open Commission Meeting's event description.

Business 124
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Dave Rowntree is Suing the UK Performing Rights Society Over Misallocation of Unmatched Royalties (Black Box)

The Trichordist

According to press reports, Dave Rowntree of Blur filed the UK equivalent of a class action lawsuit against PRS (the UK version of ASCAP and BMI).

Reporting 129
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Can Machines Invent Drugs: Patent Law Seeks to Prioritize Human Innovation as Artificial Intelligence Inventions Rise

JD Supra Law

In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial intelligence—a term coined after Turing’s death—has become a facet of our everyday lives. Artificial Intelligence (AI) can be used to improve efficiency, predict outcomes with a high degree of accuracy, and even create new data and solutions. At the same time, AI and its capabilities are evolving more quickly than the laws and regulations governing its use.

Invention 116
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Yet Another Harvard Plagiarism Scandal

Plagiarism Today

Harvard is facing yet another plagiarism scandal, this one involves an instructor who is accused of plagiarizing in an expert witness report. The post Yet Another Harvard Plagiarism Scandal appeared first on Plagiarism Today.

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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. The key issue on appeal is whether the district court erred in granting summary judgment for Crocs on Double Diamond Distribution and U.S.A.

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There’s More to Copyright Than Financial Incentives, Internet Archive Argues in Court

TorrentFreak

The non-profit Internet Archive ( IA ) aims to preserve digital history for generations to come. The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. This information becomes more and more valuable as time passes by. IA has plenty of other archive projects too. For example, it operates a library that offers a broad collection of digital media, including books, which patrons can borrow upon request.

Copyright 133
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Thaler, Copyright Office Fight Over Human-Authorship Requirement for AI-Created Artwork Continues

IP Watchdog

On April 10, Dr. Stephen Thaler filed a reply brief at the U.S. Court of Appeals for the D.C. Circuit, continuing the artificial intelligence (AI) technologist’s legal challenge to the U.S. Copyright Office’s refusal to register copyright to an artwork generated by Thaler’s Creativity Machine. The reply brief argues that there is no human authorship requirement under the U.S.

Artwork 124
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Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

SpicyIP

Discussing the Delhi High Court’s Microsoft Technology Licensing v. Asst. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore and wrote this post while interning with us. His passion lies in understanding the intersection of economics and public health with intellectual property rights.

Invention 111
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USPTO Issues Guidance on Using Artificial Intelligence Tools

JD Supra Law

On April 10, 2024, the United States Patent and Trade Office (USPTO) announced guidance regarding the use of artificial intelligence (AI) tools before the USPTO.

Patent 122
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3 Count: Falling Out of Favor

Plagiarism Today

Internet Archive files final brief in appeal, games studios against copyright exemptions and Fallout memes get taken down. The post 3 Count: Falling Out of Favor appeared first on Plagiarism Today.

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Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Patently-O

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. The core task of patent examination is identifying quality prior art. References must be sufficiently accessible, clear, and enabling to serve as legitimate evidence of what was previously known.

Art 111
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Uptobox Was Shut Down in 2023; A Court Will Decide Whether to Resurrect It

TorrentFreak

Founded back in 2011, Uptobox rapidly gained popularity by making it easy for users to upload, store, and share files with others online. In April 2023, Uptobox received 34 million visits from users all over the world, around a third of those from France. At several points in its dozen or so years online, Uptobox faced adversity, mostly due to copyright issues.

Reporting 133
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Heirs to Author of Article That Inspired Top Gun Crash and Burn in California District Court

IP Watchdog

The U.S. District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film. Yonay authored a magazine article titled “Top Guns,” published in California Magazine on April 21, 1983, that was an account of the experiences of F-14 pilots in training at Navy’

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Key Trends in the Shifting World of Search

Velocity of Content

The information landscape is undergoing a seismic shift, presenting both challenges and opportunities for librarians and info pros serving research communities. This necessitates a transition in librarian roles, from information retrievers to search educators, adept at guiding users through the intricacies of prompt engineering across diverse search tools.

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Three Strategies to Prevent Departing Employees from Absconding with Trade Secrets and Other Confidential Business Information

JD Supra Law

One of the biggest threats to modern corporations involves departing employees who take confidential business information (CBI) and/or trade secrets with them prior to or upon their departure. Indeed, the misappropriation of trade secrets and CBI can cost companies millions of dollars in legal fees, reputational harm, and lost revenue. In recent years, three new trends in the way that companies do business have led to unintended growth in this area of risk.