March, 2024

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Japan’s Text and Data Mining (TDM) Copyright Exception for AI Training: A Needed and Welcome Clarification from the Responsible Agency

Hugh Stephens Blog

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.

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Copyright, Trademark and Willy’s Chocolate Experience

Plagiarism Today

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.

Trademark 317
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Piracy Shield Source Code & Internal Documentation Leak Online

TorrentFreak

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

Reporting 145
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Navigating the New Frontier: Insurance for Artificial Intelligence Risks

JD Supra Law

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.

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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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The AGI Lawsuit: Elon Musk vs. OpenAI and the Quest for Artificial General Intelligence that Benefits Humanity

Patently-O

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

Design 137
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25 Examples of Non Traditional Trademarks

Erik K Pelton

Celebrating our 25th year with the 25 series. Erik shares 25 examples of non traditional trademarks in this episode. The post 25 Examples of Non Traditional Trademarks appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. Erik shares 25 examples of non traditional trademarks in this episode.

Trademark 130

More Trending

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Why The Holdovers is Not a Plagiarism

Plagiarism Today

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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Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive

TorrentFreak

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.

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[Video] Was the classic song “Over The Rainbow” plagiarized? How about a claim of copyright infringement against the script for “The Holdovers?” AI Legal strategies switch to claims of CMI removal

JD Supra Law

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.

Copyright 132
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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs. The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; ii

Reporting 130
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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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GOA report details how USPTO must to more to identify trademark fraud risks and implement technologies for identifying fraud

Erik K Pelton

A recent r eport from the United States Government Accountability Office detailed the need for better handling of the fraudulent trademark filings at the USPTO. The report, which was sent to the judiciary committees of the House and Senate, as well as the Secretary Commerce, notes that the GAO recommends “improving USPTO’s fraud risk management to help address the problem” of registrations that “may include false or inaccurate claims and could be fraudulent.

Reporting 130
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After Blocking News in Canada, Meta Challenges Australia

Hugh Stephens Blog

Image: Shutterstock via AI modification It was inevitable. After Meta pulled the plug on news content on its platform in Canada as its way of complying with the obligations of the Online News Act, Australia, the model that Canada sought to emulate, was surely next in line.

Copyright 130
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3 Count: Brief Briefs

Plagiarism Today

Amicus briefs filed in support of publishers in Internet Archive case, man arrested for selling pirate IPTV devices in Singapore and more. The post 3 Count: Brief Briefs appeared first on Plagiarism Today.

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Piracy Shield: IP Addresses and Server Locations Blocked Since Launch

TorrentFreak

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

IP 143
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The Pros And Cons Of Protecting AI As Trade Secrets

JD Supra Law

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.

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Guest post by @TheBlakeMorgan: A musician’s view of the TikTok legislation

The Trichordist

Blake Morgan gives his perspective on why TikTok has to go down.

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Trademark Lessons from a Swiftie

Erik K Pelton

The following is an edited transcript of my video Trademark Lessons from Taylor Swift The Eras Tour. Have you seen The Eras Tour, live or on video? It is a tremendous show and performance. I found five takeaways for brand owners. Many elements go into making something great. Great songs, great voice, great connection with the audience, great charisma, great performance, great production—a lot of elements that go into it.

Trademark 130
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Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog

Technology & Marketing Law Blog

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).

Copyright 119
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3 Count: Finally Over

Plagiarism Today

Andy Warhol foundation settles with Lynn Goldsmith, publishers answer appeal in Internet Archive case and Richard Liebowitz disbarred. The post 3 Count: Finally Over appeared first on Plagiarism Today.

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BitTorrent is No Longer the ‘King’ of Upstream Internet Traffic

TorrentFreak

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.

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UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

JD Supra Law

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.

Trademark 127
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Women in STEM: Representation Matters

U.S. Department of Commerce

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.

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10 Reasons Why Lawyers Should Create Content

Erik K Pelton

Erik shares insights on how lawyers can benefit from content creation in this episode. The post 10 Reasons Why Lawyers Should Create Content appeared first on Erik M Pelton & Associates, PLLC. Erik shares insights on how lawyers can benefit from content creation in this episode.

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Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

Technology & Marketing Law Blog

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

Artwork 119
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Copyright Claims Board Finds Documentary was Fair Use

Plagiarism Today

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.

Fair Use 290
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Cox Requests Rehearing of Piracy Case That ‘Threatens to Throw Countless People Offline’

TorrentFreak

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.

Music 136
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Patent Poetry: Patent and Trademark Offices Publish Study on NFT IP Issues

JD Supra Law

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.

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Nonprofit CRMs: How to Navigate Data Privacy and Compliance

Cogency Global

What this is : Nonprofits increasingly rely on constituent relationship management (CRM) systems to collect, organize and manage data. However, in an age where privacy is a growing concern, it’s essential to safeguard personal information and maintain compliance with data protection regulations. What this means : In this guide, we’ll explore the steps your nonprofit should take to protect your database.

Privacy 116
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Key Trademark Terms

Erik K Pelton

The following is an edited transcript of my video Key Trademark Terminology. I find it fascinating when I’m in somebody else’s place of business and I’ll hear words that might have a meaning to me, but I know that they’re using them in a way that’s specific to their work and their industry. At the dentist office or at the auto shop, they’re using vocabulary terms to talk about their work that don’t resonate with me because I don’t know anything abo

Trademark 130
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Another "buy" button lawsuit over digital licenses continues

43(B)log

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.

Licensing 114
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Jay Shetty and Boomerang Plagiarism Allegations

Plagiarism Today

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.

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DMCA Notices Took Down 20,517 GitHub Projects Last Year

TorrentFreak

With over 420 million code repositories, GitHub takes pride in being the largest and most advanced development platform in the world. As with other platforms that host user-generated content, this massive code library occasionally runs into copyright infringement troubles. Pirate Devs In some cases, people use code without obtaining permission from the creators, while others use GitHub to store pirated books or even music.

Reporting 134
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Court Dismisses Most Claims In Two AI Copyright Cases

JD Supra Law

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.

Copyright 127
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A Federal Court Declares the CTA Unconstitutional - Cogency Global

Cogency Global

What this is : A Federal District Judge issued a judgment in a lawsuit challenging the constitutionality of the Corporate Transparency Act (“CTA”), declaring it unconstitutional. What this means : At present, the government is enjoined from enforcing the CTA’s beneficial ownership reporting requirements against the specific plaintiffs in the case.

Ownership 116
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25 Great Slogans

Erik K Pelton

Celebrating our 25th year with the 25 series. Erik discusses the power of slogans and reviews 25 iconic examples in this podcast. The post 25 Great Slogans appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. Erik discusses the power of slogans and reviews 25 iconic examples in this podcast.

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