Hugh Stephens Blog
MARCH 10, 2024
Image: iStock Japan has always been known for its strong creative sector and rich cultural output, from animé to manga to literature, music and film, and for its respect for intellectual property (IP) and the rights of creators.
Plagiarism Today
MARCH 11, 2024
Oscar-winning film The Holdovers is facing plagiarism allegations from another screenwriters. Here's why they don't hold up. The post Why The Holdovers is Not a Plagiarism appeared first on Plagiarism Today.
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TorrentFreak
MARCH 26, 2024
Ever since Italian authorities announced their intent to introduce an even more aggressive anti-piracy blocking system than the one already in place, controversy has rarely been far behind. Recent reports of avoidable overblocking, a reluctance to admit that the Piracy Shield system is fallible, and new reports that telecoms regulator AGCOM is now rejecting complaints from wrongfully blocked Cloudflare customers, are just some of the ingredients in a volatile mix that has always threatened to bo
JD Supra Law
MARCH 5, 2024
On 27 December 2023, The New York Times filed a lawsuit against OpenAI and Microsoft alleging copyright infringement in connection with OpenAI’s popular ChatGPT technology. This lawsuit is part of the first wave of artificial-intelligence-related lawsuits that have targeted some of the biggest technology companies in the world and some of the best-known artificial intelligence (AI) products on the market.
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?
Patently-O
MARCH 3, 2024
By Dennis Crouch Elon Musk was instrumental in the initial creation of OpenAI as a nonprofit with the vision of responsibly developing artificial intelligence (AI) to benefit humanity and to prevent monopolistic control over the technology. After ChatGPT went viral in late 2022, the company began focusing more on revenue and profits. It added a major for-profit subsidiary and completed a $13+ billion deal with Microsoft — entitling the industry giant to a large share of OpenAI’s fut
U.S. Department of Commerce
MARCH 21, 2024
Women in STEM: Representation Matters March 21, 2024 KCPullen@doc.gov Thu, 03/21/2024 - 15:36 ICT Supply Chain Manufacturing Laurie Locascio, the Under Secretary of Commerce for Standards and Technology and director of the National Institute of Standards and Technology (NIST) (Photo taken in 2001). Post by Laurie E. Locascio Growing up as a scientist, I did not see role models who looked like me.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Plagiarism Today
MARCH 19, 2024
Photo Stealers, a 12-year project to out photo thieves, is being sued for $100 million and was briefly closed by an angry photographer. The post The Fight to Save the Photo Stealers Website appeared first on Plagiarism Today.
TorrentFreak
MARCH 25, 2024
The Internet Archive (IA) is a non-profit organization that aims to preserve digital history for generations to come. The digital library is a staunch supporter of a free and open Internet and began meticulously archiving the web over a quarter century ago. In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books.
JD Supra Law
MARCH 23, 2024
Music lawyer Tamera Bennett and TV lawyer Gordon Firemark discuss: Was “Over The Rainbow” copied; Was the script of “The Holdovers” copied; This month a “loyalty certificate” is original enough for copyright protection compared to the case we discussed in Episode 165; Legal strategies are shifting in AI cases toward removal of copyright management information; “Road House” remake is the target of a copyright grant termination notice; Link to chart of AI and IP lawsuits; Nickelback wins in Fifth.
Technology & Marketing Law Blog
MARCH 6, 2024
Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). He sued a print-on-demand service (Sunfrog) over alleged IP violations of his illustrations. If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).
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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.
Barry Sookman
MARCH 17, 2024
Two recent decisions regarding copyright and generative artificial intelligence (AI) handed down by Chinese courts are notable. In one, a court found that output created using Stable Diffusion could be subject to copyright. In the other, a court found that output generated by a generative AI system could infringe the reproduction and adaptation right under Chinese copyright law.
43(B)log
MARCH 21, 2024
In re Amazon Prime Video Litig., 2024 WL 1138906, No. 2:22-cv-00401-RSM (W.D. Wash. Mar. 15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” Plaintiffs brought claims under California, New York, and Washington consumer protection law, and common law claims for unjust enrichment.
Plagiarism Today
MARCH 4, 2024
The recent "Glasgow Willy Wonka Event" may have launched a thousand memes. but it also raises some serious copyright and trademark issues. The post Copyright, Trademark and Willy’s Chocolate Experience appeared first on Plagiarism Today.
TorrentFreak
MARCH 3, 2024
There’s rarely a shortage of conflict and controversy in the perpetual online piracy wars. For some, the David versus Goliath imagery, of ordinary people fighting faceless corporations, will never get old. For others, the right of creators to receive fair compensation for their work is non-negotiable; it puts food on the table, literally. Yet spend enough time digesting every possible detail presented by those shouting most loudly about piracy, and it becomes increasingly clear that piracy
JD Supra Law
MARCH 5, 2024
Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information. Originally published in Law360 - March 4, 2023. By: Rothwell, Figg, Ernst & Manbeck, P.C.
Technology & Marketing Law Blog
MARCH 5, 2024
In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the
The IP Law Blog
MARCH 14, 2024
OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. On February 12, 2024, a District Court in the Northern District of California issued its Order and ruled on the OpenAI defendants’ motions to dismiss various claims in the two pending putative class action lawsuits.
IP Watchdog
MARCH 25, 2024
After a year-long process involving 38 state organizations and dozens of individual representatives, IP rights has been selected as the topic for the 2024-2025 debate competition by The National Federation of State High School Associations (NFHS). “Should the U.S. strengthen intellectual property rights” was chosen over “Nuclear Weapons Reduction” by a 25-17 vote in the final balloting process.
Plagiarism Today
MARCH 5, 2024
Influencer Jay Shetty is facing allegations that he falsified much of his past. With that returns old plagiarism allegations made new again. The post Jay Shetty and Boomerang Plagiarism Allegations appeared first on Plagiarism Today.
TorrentFreak
MARCH 15, 2024
In the past two decades, Internet traffic has exploded with more bytes being transferred in each successive year. While this stable trend continues, the types of traffic that pass through the pipes have changed radically. Back in 2004, in the pre-Web 2.0 era, research indicated that BitTorrent was responsible for an impressive 35% of all Internet traffic.
JD Supra Law
MARCH 28, 2024
In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark infringement in the United Kingdom.
IP Law 360
MARCH 22, 2024
A California federal judge has kept alive a visual effects company's patent infringement claims alleging The Walt Disney Co. unlawfully used its technology to create iconic Marvel film characters, such as Thanos and the Hulk, but once again tossed its claims of copyright infringement.
Velocity of Content
MARCH 20, 2024
Using publicly available data for research or projects may be attractive because it can be more easily accessible than proprietary or private materials. However, the public availability of certain datasets or research doesn’t make the content free from restrictions. There are several factors that should be taken into consideration even when using public data: Nature of the Data Publicly available data can include a wide range of information, such as government datasets, publicly shared research
Technology & Marketing Law Blog
MARCH 19, 2024
You may recall the 2022 Buffalo mass-shooting , which was committed by a murderer responding to the “ Great Replacement Theory.” (And yet, many people in the public eye keep referencing and evangelizing the theory despite its direct and repeated role in killing people). The victims sued social media companies for allegedly radicalizing the shooter by exposing him to third-party content.
Plagiarism Today
MARCH 12, 2024
In a case involving clips from an Andrew Dice Clay comedy special, the Copyright Claims Board has found a documentary was a fair use. The post Copyright Claims Board Finds Documentary was Fair Use appeared first on Plagiarism Today.
TorrentFreak
MARCH 14, 2024
Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. The biggest hit came four years ago when the Internet provider lost its legal battle against a group of major record labels, including Sony and Universal. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, and ordered the company to pay $1 billion in damages to the labels.
JD Supra Law
MARCH 25, 2024
The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). The Report was created in response to a June 2022 request from Senators Patrick Leahy (D-VT) and Thom Tillis (R-N.C.) to undertake a study.
IP Law 360
MARCH 18, 2024
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
The IPKat
MARCH 11, 2024
The Court of Justice of the European Union (‘CJEU’) held – in its recent judgment The KaiKai Company Jaeger Wichmann GbR (case C-382/21 P) – that the Paris Convention does not allow cross-IP priority claims in general, thus disagreeing with the Advocate General’s earlier Opinion (The IPKat here ). As a reminder, Art. 4(1) Paris Convention provides: Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark,
Technology & Marketing Law Blog
MARCH 8, 2024
[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. The TRO acts like a supernotice compared to the traditional takedown notice: it targets sellers, not individual items; and it implicates their cash from all of their sales, not just the allege
Plagiarism Today
MARCH 14, 2024
For nearly a decade, Craigh Wright has claimed to be Bitcoin creator Satoshi Nakamoto. However, those claims just took a major blow. The post Judge Rules Craig Wright is Not Bitcoin Inventor Satoshi Nakamoto appeared first on Plagiarism Today.
TorrentFreak
MARCH 22, 2024
Pirate site blocking is one of the entertainment industry’s favorite enforcement tools. In recent years, it’s become a common practice in many countries around the world. In the Netherlands, it took over a decade for the first order to be approved. After detours through the Supreme Court and the EU Court of Justice, the final order was issued in 2020, targeting The Pirate Bay.
JD Supra Law
MARCH 8, 2024
The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v. OpenAI, Inc. and Silverman v. OpenAI, Inc., 2024 U.S. Dist. LEXIS 24618 (N.D. Cal. Feb. 12, 2024). The books in question include The Cabin at the End of the World by novelist Paul Tremblay and The Bedwetter by comedian Sarah Silverman.
IP Law 360
MARCH 20, 2024
The works of sculptors, like those of other artists, are protected by the fair use doctrine in U.S. copyright law, while photographers also have copyright protection for their work when others try to use it for their own profit. The intersection of those rights complicates a rare copyright infringement suit against the NFL and the Detroit Lions over a statue of Hall of Fame player Barry Sanders, experts say.
Barry Sookman
MARCH 10, 2024
There is a lot being written about artificial intelligence (AI). There are also many different ways of defining the term AI including for legal purposes. This post will examine some of the leading legally defined uses of the terms AI and generative artificial intelligence. Legal definitions of Artificial Intelligence The leading definition of artificial intelligence is the recent updated definition of artificial intelligence from the OECD : An AI system is a machine-based system that, for expli
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