Plagiarism Today
OCTOBER 28, 2024
Thousands of open-access studies feature images that may have copyright restrictions. Here's how that happened. The post Why Thousands of Studies May Be in Copyright Limbo appeared first on Plagiarism Today.
IP Watchdog
OCTOBER 17, 2024
Northwestern University sued vaccine maker Moderna, Inc. on Wednesday, October 16, in the U.S. District Court for the District of Delaware, alleging infringement of three patents the school says cover technology key to the delivery method for Moderna’s groundbreaking messenger-RNA (mRNA) COVID-19 vaccine. The complaint alleges that Northwestern inventors at the school’s International Institute for Nanotechnology (IIN) pioneered the technology for a “vehicle for delivering genetic code into a cel
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The IPKat
OCTOBER 28, 2024
The chair at the centre of the Dutch litigation on its own. Last week, the Court of Justice of the European Union (CJEU) issued its much- (though not long-) awaited judgment in Kwantum , C-227/23 , substantially upholding the Opinion of Advocate General (AG) Szpunar [IPKat here ] , which was only issued last month. In essence, the CJEU ruled that EU Member States do not enjoy any competence to set their own reciprocity rules under the Berne Convention (in this case: Article 2(7) ), given that th
Michael Geist
OCTOBER 25, 2024
Last week, Green College, an interdisciplinary graduate college on the campus of the University of British Columbia in Vancouver, hosted a medieval workshop titled The Writing of Ancient Christianity in Late Antiquity and the Middle Ages. As the title would suggest, the workshop was highly specialized and of limited interest to anyone outside of the scholarly field.
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?
JD Supra Law
OCTOBER 30, 2024
On October 24, 2024, the European Court of Justice (ECJ) confirmed the annulment by the General Court (GC) of the European Commission’s (EC) decision to impose a EUR 1.06 billion fine on Intel for the abuse of a dominant position on the x86 Central Processing Units (CPUs) market, specifically through the use of exclusivity rebates granted to several computer manufacturers.
TorrentFreak
OCTOBER 20, 2024
Italy has an administrative blocking mechanism and a technical blocking platform, Piracy Shield, operated by rightsholders in the private sector. Up until now, AGCOM, Italy’s independent telecoms regulator, has been Piracy Shield’s greatest supporter, at least of those not already benefiting financially from the activities of football league Serie A, currently the only beneficiary of Piracy Shield blocking.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
IP Watchdog
OCTOBER 28, 2024
As artificial intelligence (AI) technology continues to evolve at an unprecedented pace, it brings with it numerous questions regarding the application of intellectual property (IP) laws. The intersection of AI and IP raises critical considerations about the rights of creators and innovators, the interpretation and enforcement of established laws, and the potential impact on the future of creativity and innovation.
The IPKat
OCTOBER 6, 2024
IPKat-approved Laion A few days ago, the District Court of Hamburg delivered what appears to be the first judgment in Europe on the construction and application of the national transpositions of the text and data mining (TDM) exceptions found in Arts. 3 and 4 of the DSM Directive (310 O 227/23). As reported on The IPKat and elsewhere , the Hamburg court ruled that LAION could rely on the exception found in Section 60d UrhG (TDM for scientific research purposes).
Michael Geist
OCTOBER 7, 2024
Late on Friday, October 6, 2023, I was dozing after a family Sabbath dinner meal when I was suddenly awoken by the continuous buzzing of the Tzofar red alert app on my phone and watch. I had installed the app, which is widely used in Israel to warn of imminent rocket fire, months earlier while visiting on a teaching assignment and had forgotten it was still on my phone.
JD Supra Law
OCTOBER 23, 2024
The rapid advancement of generative artificial intelligence technologies has revolutionized various industries by automating complex tasks, creating content, and enhancing decision-making processes. However, it also poses significant business risks and ethical dilemmas. Because this technology is so easy to use and exploding in capabilities, it is crucial that companies establish a comprehensive GenAI policy.
Advertiser: IPO
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.
TorrentFreak
OCTOBER 29, 2024
Identifying the anonymous operators of pirate sites and then locating them, wherever they are in the world, is rarely a straightforward matter. Even when that is achieved, filing copyright lawsuits and then winning those cases could take years rather than months to complete. Japan-based publishing giant Shueisha often utilizes courts in the United States to obtain information on mostly anonymous pirate site operators.
Plagiarism Today
OCTOBER 22, 2024
The Copyright Claims Board has released statistics about its first 1,000 cases. Here's what the numbers say. The post Copyright Claims Board Releases Key Statistics appeared first on Plagiarism Today.
IP Watchdog
OCTOBER 14, 2024
This week on IPWatchdog Unleashed we have a special episode. At the end of September we held our annual all-topics conference, which we call IPWatchdog LIVE. This conference brings together some of the top thought leaders and newsmakers from the entire industry, with a variety of different backgrounds and people who focus on various different niche verticals within the IP community.
Copyright Alliance
OCTOBER 15, 2024
This week we’d like to introduce cartoonist and author Maryette Clement. Maryette’s book, The Teenyboppers #1, is available on Amazon. Be sure to also follow her on Instagram. What was the inspiration behind becoming a […] The post Creator Spotlight with Cartoonist Maryette Clement appeared first on Copyright Alliance.
Patently-O
OCTOBER 14, 2024
by Dennis Crouch OpenAI’s new patent pledge promises to use their patents only for defensive purposes, as long as other parties do not assert claims against them or engage in harmful activities. The move echoes Tesla CEO Elon Musk’s 2014 declaration that “all our patent … belong to you” – a pledge that garnered significant attention but left many questions unanswered.
JD Supra Law
OCTOBER 29, 2024
Luther Campbell, the former leader of 2 Live Crew, and the heirs of two other group members have won a legal battle over the rights to the group’s music. Lil’ Joe Records, owned by Joseph Weinberger, bought the group’s catalog in 1996 as part of Campbell’s bankruptcy proceedings.
TorrentFreak
OCTOBER 20, 2024
The Entertainment Software Association ( ESA ) has submitted its latest overview of “ Notorious Markets ” to the Office of the US Trade Representative (USTR). These submissions serve as input for the USTR’s yearly overview of piracy ‘markets’ which helps to shape the U.S. Government’s global copyright enforcement agenda going forward. The ESA, which represents video game companies including Electronic Arts, Epic Games, Microsoft, Nintendo, Sony, and Ubisoft, hopes that the interests of its membe
Plagiarism Today
OCTOBER 10, 2024
The modern history of plagiarism is dominated by the evolution of tech. However, there was one particularly dark time that's making a return. The post The Dark Ages of Academic Plagiarism appeared first on Plagiarism Today.
IP Watchdog
OCTOBER 15, 2024
By now, most IP practitioners are familiar with the U.S. Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc. v. VIP Products, Inc. The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The ruling addressed VIP’s defenses to trademark infringement and trademark dilution.
Michael Geist
OCTOBER 9, 2024
Meta has blocked news links on its Facebook and Instagram platforms for more than a year in response to the Online News Act , resulting in significant lost traffic to many Canadian news sites. The company’s position has been pretty clear from the start: the law applies to digital news intermediaries that make “news content produced by news outlets available to persons in Canada.
U.S. Department of Commerce
OCTOBER 8, 2024
The National Hurricane Center reports that Hurricane Milton is rapidly intensifying over the Gulf of Mexico as it approaches the west coast of Florida. It will be a major hurricane capable of producing life-threatening storm surges and damaging winds. Storm surge and hurricane warnings are now in effect for portions of the Florida coast, and residents should follow local officials’ advice and evacuate if told to do so.
JD Supra Law
OCTOBER 21, 2024
The US Supreme Court has denied cert on several cases involving patents and trademarks, meaning that the Court will not consider the appeals and the lower court rulings will stand.
TorrentFreak
OCTOBER 31, 2024
The belief that somehow everything is free on the internet was widespread in the late 1990s. Sites were overwhelmingly free and if MP3 files were spotted by an alert surfer, it was almost considered rude not to download them, bandwidth permitting. Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music.
Plagiarism Today
OCTOBER 1, 2024
The US Patent and Trademark Office has canceled Marvel and DC's trademark registrations related to the term superhero. Here's what it means. The post The Death of the Superhero Trademark appeared first on Plagiarism Today.
IP Watchdog
OCTOBER 28, 2024
One of the more interesting public policy reads of 2024 comes from the U.S. Patent and Trademark Office (USPTO), whose “Drug Patent and Exclusivity Study” effectively debunks the false narratives and bogus statistics that have been levied against pharmaceutical patents with significant effect in recent years. The inescapable takeaway from the USPTO study is that activists have manipulated data to inflate the effects of patents and other exclusive rights on competition.
Patently-O
OCTOBER 19, 2024
A Central District of California jury has awarded SPEX Technologies nearly $316 million in damages against Western Digital for infringement of a patent related to hardware encryption technology. The verdict, handed down on October 18, 2024, comes after an eight-year legal battle and raises interesting questions about infringement of means-plus-function claims and the calculation of reasonable royalty damages.
The IPKat
OCTOBER 14, 2024
If you buy a wallpaper that shows copyright-protected pictures and apply it to the wall of a room, can you take a picture or video of the room and publish the picture or video online? Or do you have to ask the copyright owner for explicit consent? The German Supreme Court recently decided this question in three parallel cases ( I ZR 139/23 , I ZR 140/23 and I ZR 141/23 ).
JD Supra Law
OCTOBER 4, 2024
On September 28, 2024, California Governor Gavin Newson signed into law AB-2013, requiring developers of generative artificial intelligence (AI) models, under certain conditions, to make specific disclosures regarding those models by January 1, 2026. At a high level, the disclosure requirements are directed towards greater transparency regarding what data goes into generative AI systems, especially for developers making AI systems expected to be generally available to the public.
Copyright Lately
OCTOBER 6, 2024
A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. Ken Caillat , the Grammy Award-winning sound engineer and co-producer of Fleetwood Mac’s iconic Rumours album , claims the creators of Stereophonic didn’t exactly go their own way when crafting the hit play.
Plagiarism Today
OCTOBER 22, 2024
Film company sues Tesla over Blade Runner clips, NBA teams deny social media infringement, and News Corp sues Perplexity The post 3 Count: Blade Runner 2024 appeared first on Plagiarism Today.
IP Watchdog
OCTOBER 24, 2024
In 2006, the Supreme Court upended U.S. innovation in eBay vs. MercExchange (eBay). The eBay decision mandated a four-factor test (eBay Factors) that made injunctions nearly impossible to obtain. A working paper from Professor Kristina M.L. Acri shows that eBay reduced injunctions by 91.2% for patent owners without a product and 66.7% for patent owners with a product. eBay opened the floodgates to massive predatory infringement, destroying countless startups, especially those commercializing cri
IPilogue
OCTOBER 1, 2024
By John Nyman Dr. Amanda Turnbull, Osgoode PhD (2024). (Giselle B Photography) Throughout her doctoral studies, Amanda Turnbull has grappled with the legal consequences of “machines doing things with words.” Her timely dissertation, Law, Language, and Authority: The Algorithmic Turn , completed in August 2024, offers a measured yet unflinching reflection on how artificial intelligence is transforming society and the law.
The IPKat
OCTOBER 31, 2024
Cases relating to the exclusion of patentable subject matter on moral grounds are rare, and always serve to highlight the underlying moral and political framework necessary for a well-functioning IP system. The recent case T 2510/18 considered whether an invention derived from traditional remedies by dishonest means was immoral. The objections related not to the direct exploitation of the invention itself, but to the alleged dishonesty and breach of trust associated with how the invention was de
JD Supra Law
OCTOBER 24, 2024
In its recent judgment in Sony Interactive Entertainment v. Datel, the CJEU ruled on the specific copyright protection of computer programs under Directive 2009/24/EC (Case C‑159/23). The CJEU found that while “cheating software” can substantially impact gameplay, it does not infringe copyright under the Directive, as long as the modifications are limited to variables stored in the computer’s RAM and do not alter the game’s underlying program code.
TorrentFreak
OCTOBER 30, 2024
Every year the office of the United States Trade Representative (USTR) publishes the National Trade Estimate Report on Foreign Trade Barriers. The report is compiled based on input from key industry players. This includes submissions from copyright industry groups, such as the MPA , that frequently highlight piracy challenges. Most rightsholders would like foreign countries to strengthen their online piracy efforts and policies, by implementing institutionalized piracy blocking schemes, for exam
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