June, 2024

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Adobe’s Terms of Service Debacle

Plagiarism Today

Adobe users are in revolt over changes to the company's terms of service. But how bad are they should users be worried? The post Adobe’s Terms of Service Debacle appeared first on Plagiarism Today.

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Two Hundred Years of Copyright History in Canada: What a Journey!

Hugh Stephens Blog

Image: Shutterstock (with AI assist) As we approach July 1, Canada Day, Canada’s 157th anniversary, it is worth reflecting on the history that shaped this wonderful if imperfect country of now 41 million. While not top of mind for everyone, part of that history relates to copyright! This year, 2024, marks a couple of milestones … Continue reading "Two Hundred Years of Copyright History in Canada: What a Journey!

Copyright 264
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Google, Cloudflare & Cisco Will Poison DNS to Stop Piracy Block Circumvention

TorrentFreak

In France, where laws were introduced with site-blocking and similar anti-piracy measures already baked in, entertainment giant Canal+ seems intent on taking full advantage. Like similar broadcasters with lucrative sports rights to exploit, Canal+ has a subset of viewers who prefer to consume from pirate sources which charge much less, or even nothing at all.

Law 145
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Publishing Companies Say Google is Liable for Promoting Pirated Textbooks

IP Watchdog

Several major educational publishing companies, including Macmillan, Elsevier and McGraw Hill, have sued Google in a New York district court alleging contributory and vicarious copyright infringement, trademark infringement and violations of New York’s General Business Law. The companies claim that Google’s search engine is facilitating infringement by promoting pirate sites that sell heavily discounted versions of educational textbooks.

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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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From conceptual art to AI: On the Druet/Cattelan dispute and authorship of works made by someone other than the “author”

The IPKat

La Nona Ora When it comes to contemporary art, I must admit at the outset that there are fewer artists who I find more enticing, fun and provocative than Maurizio Cattelan [see here for the recent Comedian dispute in the US]. Having disclosed this “conflict” on my side, a few days ago the Paris Court of Appeal ruled (5 juin 2024 Cour d'appel de Paris RG n° 22/14922) in a dispute seeing, on the one hand and as defendant, Cattelan himself and, on the other hand and as claimant/appellant, sculptor

Art 139
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Government’s Choice for Chief of Human Rights Commission Cited Terrorism as a Rational Strategy With High Rates of Success

Michael Geist

The government’s choice for chief of the Canadian Human Rights Commission has been mired in controversy this week given his failure to disclose a record of posts and appearances that call into question the ability for Jewish or Zionist Canadians to get a fair, impartial hearing at the Commission. Birju Dattani, who formerly was known as Mujahid Dattani, is now the subject of an independent investigation by the Ministry of Justice as the calls for his resignation or replacement from stakeholder g

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Liquid Death: Bold Branding Example

Erik K Pelton

From their macabre name to their clever slogan—and everything in between—Liquid Death’s provocative branding is all about follow through, as Erik shares in this episode. The post Liquid Death: Bold Branding Example appeared first on Erik M Pelton & Associates, PLLC. From their macabre name to their clever slogan—and everything in between—Liquid Death’s provocative branding is all about follow through, as Erik shares in this episode.

Branding 130
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Five IPTV Operators Guilty of Movie & TV Piracy, Leader Faces 48 Years in Prison

TorrentFreak

In 2019, eight men from Las Vegas were named in a grand jury indictment alleging they conspired to violate criminal copyright law through two IPTV services, Jetflicks and iStreamitAll. According to the indictment, the defendants reproduced tens of thousands of copyrighted television shows without authorization, and distributed the illicit content to a vast audience of paid subscribers across the United States.

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It Took Glue on Pizza to Spotlight Google’s AI Problem

Hugh Stephens Blog

Image: Shutterstock (with AI assist) Google, the “indispensable” search engine relied on by millions for accurate and reliable search, has done it again, stepping smack into the pile of steaming excrement waiting for it in the middle of the road.

Copyright 130
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Cropping photograph and omitting author's name may infringe moral rights

The IPKat

There is no doubt that photographs can be protected by copyright [ IPKat here , here and here ]. This Kat has found a recent ruling issued by the Paris Court of Appeal concerning a copyright infringement dispute involving photographs. This judgment provides an opportunity to examine the concept of originality as applied to photographs, and also to understand what may constitute an infringement of moral rights.

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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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Don't Forget About NFTs! USPTO and USCO Issue Joint Study on the Interplay Between NFTs and Intellectual Property

JD Supra Law

Non-fungible tokens (NFTs) have reshaped our socio-legal understanding of "property." Prior to the launch of NFTs, laypersons and lawyers alike evaluated tangible and intangible assets in the context of physical (real) space. NFTs, however, have played a major role in shifting our valuation of assets beyond the physical realm, extending instead to the recognition of digital property rights in the non-physical (cyber) space.

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A Copyright Fight Over a Dumpster Fire

Plagiarism Today

Two cases before the Copyright Claims Board raise an interesting question: What does copyright protect in a dumpster fire? The post A Copyright Fight Over a Dumpster Fire appeared first on Plagiarism Today.

Copyright 259
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25 Trademark Rarities You Ought to Know About

Erik K Pelton

The world of trademarks is vast, and contains many rare elements. Erik shares 25 examples in this episode The post 25 Trademark Rarities You Ought to Know About appeared first on Erik M Pelton & Associates, PLLC. The world of trademarks is vast, and contains many rare elements.

Trademark 130
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Napster Sparked a File-Sharing Revolution 25 Years Ago

TorrentFreak

The invention of the MP3 format in 1993 didn’t make any mainstream news headlines. In hindsight, however, it was a pivotal moment that would revolutionize music consumption, and more. Invented by the German engineer Karlheinz Brandenburg and colleagues at the Fraunhofer Society, the coding format made it possible to reduce the size of music files without any significant loss of audible sound quality.

Music 145
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TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Technology & Marketing Law Blog

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. Tamales, but not Texas Tamales [Reminder: per Wikipedia , a tamale “is a traditional Mesoamerican dish made of masa, a dough made from nixtamalized corn, which is steamed in a corn husk or banana leaves” and then stuffed with a wide range of fillings.

Trademark 129
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Chevron is Out: SCOTUS Says Doctrine Flouts APA, Dissent Accuses Colleagues of ‘Judicial Hubris’

IP Watchdog

The U.S. Supreme Court today issued its opinion in Loper Bright Enterprises v. Raimondo, overruling the Court’s seminal case on administrative agency deference, Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. Chief Justice Roberts delivered the opinion of the Court and Justices Kagan, Sotomayor and Jackson dissented.

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A New Look at an Old Hot Topic: The Internet of Things

JD Supra Law

In 1999, computer scientist Kevin Ashton coined the term “the Internet of Things” (“IoT”) in order to put a name to his idea of using RFID chips to track items as they moved throughout a supply chain. “Though there is no specific definition of IoT, the concept focuses on how computers, sensors and objects interact with each other and collect information relating to their surroundings.”.

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3 New and Interesting Cases Before the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board is about to turn two. As such, we're taking a look at three new and interesting cases being heard by it. The post 3 New and Interesting Cases Before the Copyright Claims Board appeared first on Plagiarism Today.

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25 Branding Tips

Erik K Pelton

The following is an edited transcript of my video 25 Branding Tips. As we celebrate our 25th year, I am excited to share 25 branding tips with you: Choose a creative name – it’s the foundation you begin with to build a bold brand. Begin with a clearance search to make sure that any new name is available. Register your trademark. Be sure to file early to help build more protection.

Branding 130
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OpenDNS Suspends Service in France Due to Canal+ Piracy Blocking Order

TorrentFreak

In 2023, broadcaster Canal+ went to court in France with the goal of obtaining an order requiring local ISPs to block over 100 pirate sports streaming sites. The French court complied with the request; ISPs including Orange, SFR, OutreMer Télécom, Free, and Bouygues Télécom, were ordered to implement technical measures to prevent access to Footybite.co, Streamcheck.link, SportBay.sx, TVFutbol.info, and Catchystream.com, among dozens of others.

Copyright 141
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WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Concerns of India and Developing Nations- Part II

SpicyIP

After assessing the requirement to mandatorily disclose the source of genetic resource/ associated traditional knowledge under the recent WIPO treaty, in part II of his post, Dr. Anson CJ takes a look at the implication of this requirement on India. Dr. Anson is an Assistant Professor at the Inter University Centre for IPR Studies, Cochin University of Science and Technology, Kochi and has previously contributed to the blog here.

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USPTO Extends Deadline for AI Inventorship Comments as Some Criticize Pannu Factors

IP Watchdog

On June 6, the U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register announcing that the Office would be reopening the public comment period for the development of inventorship guidance surrounding inventions developed by artificial intelligence (AI) systems. Although the USPTO will continue to collect public comments until the middle of June, public comments received from patent industry stakeholders so far are largely urging the agency to adopt inventorship guidan

Invention 119
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I Don’t Get You, Babe - The Curious Copyright Case of Sonny & Cher & Mary

JD Supra Law

The 1970s were the heyday of the now-extinct television genre known as the variety show: a weekly extravaganza headlined by a well-known entertainer, generally accompanied by a supporting cast of singers, dancers and comedians, and featuring a weekly guest star to liven things up. Among the longest lasting of these weekly spectacles was The Sonny & Cher Comedy Hour, which premiered in 1971 and featured the eponymous 1960s singing duo.

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Why AI Has a Plagiarism Problem

Plagiarism Today

Forbes accused Perplexity of plagiarizing their articles. ChatGPT regularly regurgitates text. Why is AI struggling with plagiarism? The post Why AI Has a Plagiarism Problem appeared first on Plagiarism Today.

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Punctuation Trademarks

Erik K Pelton

In this episode, Erik shares insights and examples of how punctuation can be used in a trademark. The post Punctuation Trademarks appeared first on Erik M Pelton & Associates, PLLC. In this episode, Erik shares insights and examples of how punctuation can be used in a trademark.

Trademark 130
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YouTube Processed a Billion Content ID Copyright Claims in Six Months

TorrentFreak

YouTube is the most watched streaming platform in the world. The endless library of videos, uploaded by both amateurs and professionals, is simply unrivaled. The site’s popularity translates into hard dollars, with YouTube and its creators generating billions in yearly revenue. However, there are downsides too, as some content is shared without permission.

Copyright 138
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World Music Day 2024: The History of Music and Copyright

Copyright Alliance

From classical to hip-hop and metal to opera, music is a medium that unites people despite linguistic and cultural barriers. In celebration of World Music Day 2024, we recognize the […] The post World Music Day 2024: The History of Music and Copyright appeared first on Copyright Alliance.

Music 118
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Recent Statistics Show PTAB Invalidation Rates Continue to Climb

IP Watchdog

The invalidation rate of patents in America Invents Act (AIA) proceedings, such as inter partes reviews (IPRs), has been high since the inception of the PTAB. Just one year into the AIA, Chief Judge Randall Rader famously referred to the PTAB as a “death squad” at the 2013 American Intellectual Property Law Association (AIPLA) annual meeting because the invalidation rate was so high.

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[Video] The Briefing: Supreme Court Holds Copyright Damages Can Go Beyond 3 Years

JD Supra Law

Weintraub attorneys Scott Hervey and Jamie Lincenberg unpack the Supreme Court's follow-up decision on damages in Neely v. Warner Chapel Music.

Music 123
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3 Count: Oh, Adobe…

Plagiarism Today

FTC sues Adobe over annual contracts, Sony DMCA hundreds of manga extensions and US lawmakers voice concern over Spotify. The post 3 Count: Oh, Adobe… appeared first on Plagiarism Today.

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Beware of trademark renewal scam from “Trademark Renewal Service” in Philadelphia, PA

Erik K Pelton

A client forwarded me a recent letter about renewing their trademark registration from Trademark Renewal Services with an address at 1229 Chestnut Street, Front 1 #449 Philadelphia, PA 19107 See the image of their mailing below. The document could easily be mistaken as coming from the government – the name, the look and feel of the document, the registration number.

Trademark 130
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TorrentGalaxy Goes Offline With Mysterious Message to Users

TorrentFreak

In little over five years, TorrentGalaxy has grown out to become a leading player in the torrent ecosystem. The site originally set out to ‘ bridge the gap ‘ between torrent and streaming sites, but it became much more than that. With a dedicated group of uploaders and an active community, TorrentGalaxy provided a safe haven for many avid torrenters.

Copyright 136
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Meta’s AI Arriving in Europe: Privacy Disputes Concealing Copyright Concerns

Kluwer Copyright Blog

Photo by Ricardo Gomez Angel on Unsplash Since 22 May 2024, Meta has notified to European users of Instagram and Facebook – through in-app notifications and emails – an update of its privacy policy, linked to the upcoming implementation of artificial intelligence (AI) technologies in the area. Indeed, the company already developed and made available some AI features and experiences in other parts of the world, including an assistant called “Meta AI” ( here and here ), built on a large language m

Privacy 117
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@JustineBateman: Daniel “Bundles” Ek is making a bundle and it’s sickening

The Trichordist

Justine Bateman nails it again.

Copyright 117
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MarkIt to Market® – June 2024: Where, What, and How – Trademarks & the Olympic Games (Part 1)

JD Supra Law

Part 1: WHERE - Like the rest of the world, we will have our eye on Paris this summer, breaking down trademark issues associated with the Olympic Games in a three-part series. Over the course of the next three months, we will review the where, what, and how: from where the U.S. Olympic Committee (USOC) derives its trademark rights, what it considers those rights to be, and how the Committee has enforced its rights against third parties.

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