AI-Scraping Copyright Litigation Comes to Canada (CANLII v Caseway AI)
Hugh Stephens Blog
NOVEMBER 25, 2024
Image: Shutterstock (with AI assist) It was inevitable.
November, 2024
227 
Court Expands Google and Cloudflare DNS Blocking to Combat Piracy
TorrentFreak
NOVEMBER 25, 2024
In May, the Paris Judicial Court ordered Google, Cloudflare, and Cisco to block access to several pirate websites by poisoning their DNS. The order, issued under Article L.333-10 of the French Sports Code, compelled the tech giants to prevent users from accessing unauthorized streams of Champions League and Premier League matches. Applicant Canal+ argued that the alternative DNS resolvers allowed people to bypass the “regular” blocking measures implemented by internet providers.
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Will AI Copyright Claims Keep Standing After New Ruling?
Copyright Lately
NOVEMBER 10, 2024
Why a new court win for OpenAI and a tough Supreme Court standard could leave AI copyright claims on shaky ground. A relatively obscure Supreme Court case involving the Fair Credit Reporting Act might seem like an odd fit for the high-stakes world of copyright in the age of artificial intelligence. But it’s time to start paying attention to the Court’s 2021 ruling in TransUnion v.
10 reasons that small businesses need to protect their trademarks
Erik K Pelton
NOVEMBER 19, 2024
The following is an edited transcript of Chapter 21 of my book video Building a Bold Brand: Small Business Concerns Small businesses are just as capable of creating and building great brands as big businesses are. In fact, small businesses may be even more capable. All a business really needs is some creativity and wit so that it can begin building a bold brand via a great name.
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?
Why the Conspiratorial Responses to Canada’s Antisemitism Guide Demonstrate Its Necessity
Michael Geist
NOVEMBER 5, 2024
Delegates from dozens of countries gathered nearly 25 year ago in Stockholm, Sweden for the Stockholm International Forum, where they affirmed a global commitment to combatting racism, antisemitism, ethnic hatred, and ignorance of history. That meeting sparked what became a 16-year open process to develop much-needed anti-racism tools, including the creation of the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism.
Book Release: Second Edition of “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” by Eashan Ghosh
SpicyIP
NOVEMBER 26, 2024
The second edition of Eashan Ghosh’s 2020 book “Imperfect Recollections: The Indian Supreme Court on Trade Mark Law” is out now! Eashan shares a short extract from the book’s Preface, highlighting the stimuli for the second edition. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011 and has also authored numerous guest posts for us (see here , here , here , here , here , here , here , here and here ).
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€3bn Pirate IPTV Network Serving 22m Users “Dismantled” in Massive Operation
TorrentFreak
NOVEMBER 27, 2024
Law enforcement operations targeting pirate sites and services are often enthusiastically described as ‘large-scale’ or ‘major’ If reports emerging from authorities in Italy hold true, describing the international operation that culminated early this morning as massive, wouldn’t be an exaggeration. Operation Takendown is said to have targeted what may be the largest pirate IPTV network serving Europe, authorities say, and the numbers involved are some of the largest
[GuestPost] How the European Patent Office uses AI to facilitate patent searches
The IPKat
NOVEMBER 13, 2024
The AmeriKat has the t-shirt.now what? In a second of a series on AI and patents from our KatFriends at GJE, Kate Voller reports on a recent CIPA webinar with the EPO on how the EPO is leveraging AI tools in examination - with the key message of "assisting", not "replacing" examiners. Over to Kate for the report: "The European Patent Office (EPO) has embraced artificial intelligence (AI) to enhance the efficiency of its patent document searching process.
Does AI Replace Human Creators?
Plagiarism Today
NOVEMBER 13, 2024
A new study published in the Harvard Business Review examines the impact of AI systems on human creators. The answers are not encouraging. The post Does AI Replace Human Creators? appeared first on Plagiarism Today.
USPTO Patent Grant Rate and Growing Backlog
Patently-O
NOVEMBER 29, 2024
by Dennis Crouch The USPTO utility patent grant rate data reveals an interesting narrative of policy shifts and administrative changes over the past fifteen years. The graph shows a clear upward trajectory from a notable low point around December 2009, when the grant rate bottomed out near 50%, to recent levels hovering around 75-80%. This dramatic shift beginning in 2010 coincided with Director David Kappos taking the helm at the USPTO, marking a decisive break from the more restrictive patent
IPO Diversity in Innovation Toolkit
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.
SpicyIP Tidbit: Delhi High Court Issues Notice to OpenAI in the ANI Copyright Infringement Case
SpicyIP
NOVEMBER 19, 2024
ANI logo. Image from here As highlighted yesterday , the first hearing in the ANI MEDIA PVT LTD V/s OPEN AI INC & ANR. took place today with the Delhi HC issuing summons to OpenAI. As reported by Bar and Bench, ANI sought an interim injunction against the unauthorised use and storage of its copyright work by Open AI to train its large language models (LLMs) -ChatGPT.
Netflix gearing up to stop streaming copyright piracy in upcoming Tyson vs. Jake Paul fight
JD Supra Law
NOVEMBER 15, 2024
Ladies and gentlemen, hold onto your cocktails and nachos, because we might just witness one of the wildest boxing events in recent history: Mike Tyson versus Jake Paul! Yes, you heard it right. Iron Mike, the baddest man on the planet, versus the YouTube sensation-turned-boxer Jake Paul. While the fighters train and talk trash, a different kind of high-stakes battle is taking place behind the scenes.
EU Research Links Youth Unemployment and Income Inequality to More Piracy
TorrentFreak
NOVEMBER 29, 2024
The European Union Intellectual Property Office ( EUIPO ) regularly conducts studies to see how piracy develops over time. These studies help the public to understand local piracy trends and can be used as input for future policy decisions. This week, EUIPO released another in-depth piracy report titled “Online Copyright Infringement in the European Union.” The research is part of a recurring series which has tracked European piracy rates since 2017.
When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC
Technology & Marketing Law Blog
NOVEMBER 16, 2024
Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. McDermott kept the copyright to those photo and granted NY Post a license. The New York Post story. The article included multiple photos of Sewell, including the photo in question , and the Post apparently liked the image so much that they used a portion of the photo as the background for the newspaper cover that day (see screenshot
Michigan State University Dean Accused of Plagiarism
Plagiarism Today
NOVEMBER 6, 2024
Jeraldo F.L. Jackson, the dean of Michigan State University's College of Education has been accused of plagiarism. The post Michigan State University Dean Accused of Plagiarism appeared first on Plagiarism Today.
Canadian Copyright Registration and AI-Created Works: It’s Time to Close the Loophole
Hugh Stephens Blog
NOVEMBER 18, 2024
Image: Shutterstock In July, the Canadian Internet Policy and Public Interest Clinic (CIPPIC) at the University of Ottawa filed an application in the Federal Court to expunge or amend a Canadian copyright registration that claimed an AI program, the RAGHAV AI Painting App, as co-author of a registered work.
SpicyIP Weekly Review (November 4-November 10)
SpicyIP
NOVEMBER 11, 2024
Here is our recap of last week’s top IP developments including summary of the posts on the repudiations against personality rights, Govt. recent circular on procurement of drugs, non-obviousness test under the patents law, and the Hamburg Regional Court’s decision in Robert Kneschke v LAION e.V. This and a lot more in this week’s SpicyIP Weekly Review.
Five Things Celebrity Athletes and Musicians Should Consider When Entering into Cannabis Branding Agreements
JD Supra Law
NOVEMBER 13, 2024
What do Megan Rapinoe, Kevin Durant, Shawn Kemp, Calvin Johnson, Willie Nelson, Wiz Kalifa, Margo Price, and Sublime all have in common? They all have created their own boutique cannabis brands. As cannabis has become more popular, celebrity athletes and musicians have taken notice and jumped into the game. This is true for both forms of cannabis, including marijuana and hemp.
Nintendo Sues Emulator Gamer Who Streamed Pirated Games Before Release
TorrentFreak
NOVEMBER 8, 2024
When Nintendo sued the people behind Switch emulator Yuzu in February, the company knew that establishing certain facts would send the clearest possible message to those considering similar conduct. The conclusion of that lawsuit declared that an emulator like Yuzu, that circumvents Nintendo’s technical measures, decrypts Switch games using unauthorized copies of Switch cryptographic keys, allowing games to be played on anything other than a Switch, violates copyright law.
[Guest post] EUIPO Second Board of Appeal refers case to Grand Board of Appeal following earlier refusal to register a photograph of a man’s head/face as an EU trade mark
The IPKat
NOVEMBER 26, 2024
The IPKat has received and is pleased to host the following guest contribution by former GuestKat Nedim Malovic (ASSA ABLOY), commenting on a recent referral to the EUIPO Grand Board regarding the registrability of face trade marks. Incidentally, the referral was also discussed during last month's IPKat webinar on image rights. Here is what Nedim writes: [Guest post] EUIPO Second Board of Appeal refers case to Grand Board of Appeal following earlier refusal to register a photograph of a man’s he
NASA: Copyright and Trademark in Space
Plagiarism Today
NOVEMBER 4, 2024
While it's well known that NASA images and videos are public domain, there are still some restrictions to be aware of before using them. The post NASA: Copyright and Trademark in Space appeared first on Plagiarism Today.
Patent Claim Count
Patently-O
NOVEMBER 17, 2024
The updated patent claim count data through 2024 reveals a continuing trend toward standardization in claim counts, with both the median and mean hovering around 16-17 claims per patent. The perhaps the most striking feature of this longitudinal data is the dramatic reduction in variance – from a standard deviation of about 15 claims in the mid-2000s to just about 7 claims today.
(SpicyIP Tidbit) “Horn OK Please” Copyright Dispute: BHC Grants Interim Injunction Against the Venue Owner SAI, Leaving Questions About the Organizers Unaddressed.
SpicyIP
NOVEMBER 16, 2024
Poster for the “Horn OK Please” event. Image from here. [ The post is co-authored by Deepali Vashist and Praharsh Gour. Deepali is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Her previous post can be accessed here. ] In an interesting turn of events, the Bombay High Court on 12 th November 2024, granted an quia timet interim injunction against the Sports Authority of India (SAI ),
Putting the Uniformity Back in the Uniform Trade Secrets Act: Sixth Circuit Rules Breach of Contract Claims Can Still Be Used to Protect Trade Secrets
JD Supra Law
NOVEMBER 26, 2024
Trade secrets are the lifeblood of any business. Across industries and states, companies safeguard a wealth of critical information that provides a competitive edge. Perhaps the most famous example is Coca-Cola’s secret formula — often imitated, never replicated. This closely guarded recipe has given the company a significant market advantage over competitors in the soda industry for decades.
Braflix to Shut Down: Pirate Site Throws in the Towel Citing Legal Pressure
TorrentFreak
NOVEMBER 4, 2024
Last year, Braflix was added to the ever-growing list of flix-inspired pirate streaming sites. Reportedly operating from Brazil, the site offered a clean interface, relying on third-party sources to provide a gateway to pirated movies and TV shows. The site had no obvious connections to other large streaming cabals, such as the massive Fmovies operation.
Virtual Worlds, Real Rules: EU Parliament’s First Take on IP in the Metaverse
IP Watchdog
NOVEMBER 12, 2024
Are trademark rights in the Metaverse as intangible as the world itself, or are they as real as in the ‘real’ world? This is the question the European Parliament addresses for the first time in its Resolution on policy implications of the development of virtual worlds – civil, company commercial and intellectual property law issues, published on October 17, 2024, in the Official Journal of the European Union.
CCB Awards Photographer it’s Largest Damage Award
Plagiarism Today
NOVEMBER 18, 2024
The Copyright Claims Board has awarded a photographer $11,000 in damages. However, the photographer only narrowly won the case. The post CCB Awards Photographer it’s Largest Damage Award appeared first on Plagiarism Today.
The Team-Based Reality of Modern Innovation: Average Patent Now Lists More Than Three Inventors
Patently-O
NOVEMBER 18, 2024
by Dennis Crouch New data from the USPTO shows that the amazing transformation in patent inventorship continues: the average number of inventors per utility patent has reached 3.2 in 2024, nearly double the 1.7 inventors per patent seen in 1976. This steady rise in team-based inventing reflects fundamental changes in how innovation occurs and how the patent system operates.
Diversification and Economic Development: Insights from the WIPO “Making Innovation Policy Work for Development” Report 2024
SpicyIP
NOVEMBER 15, 2024
In May 2024, WIPO published a report titled “ Making Innovation Policy Work for Development ” on the need for economies to diversify for better utilization of knowledge and eventually economic prosperity. SpicyIP Intern Deepali Vashist discusses the key aspects of this report and its observation on India. Deepali Vashist is a third-year law student at NLSIU Bangalore.
USPTO to Increase Patent Fees January 19, 2025
JD Supra Law
NOVEMBER 22, 2024
Effective January 19, 2025, the U.S. Patent and Trademark Office (USPTO) will increase patent fees and even create some new ones. A Final Rule, issued Nov. 20, instituted a 7.5% across-the-board increase with new utility applications increasing by about 10%. In addition, the USPTO included certain "targeted adjustments" for fees that will increase by significantly greater percentages, including some new fees that have never been charged before.
MPA Escalates Pirate Site Blocking in Philippines, Targeting Sflix and Myflixer
TorrentFreak
NOVEMBER 1, 2024
It’s no secret that the Motion Picture Association ( MPA ) has anti-piracy tentacles all over the world. The group, which is backed by Hollywood, Netflix, and Amazon, is actively involved in enforcement and policy efforts in dozens of countries. The MPA’s work mostly takes place behind the scenes, but the results are hard to miss. This includes the Philippine pirate site blocking program, which officially launched in January this year.
Can Xockets Enjoin NVIDIA and Microsoft Post eBay?
IP Watchdog
NOVEMBER 22, 2024
Xockets, Inc. recently filed a complaint in the Western District of Texas against NVIDIA Corporation (“NVIDIA”), Microsoft Corporation (“Microsoft”) and RPX Corporation (“RPX”) (collectively, “Defendants”) for alleged patent infringement and violation of federal antitrust laws. As is often the case in patent cases, Xockets seeks an injunction in addition to monetary damages.
Two Studies Retracted for Using Pirated Software
Plagiarism Today
NOVEMBER 12, 2024
Two papers have been retracted after a software company objected to the use of pirated software. Here's what researchers need to watch for. The post Two Studies Retracted for Using Pirated Software appeared first on Plagiarism Today.
Common Mistakes to Avoid When Registering a Trademark
IP and Legal Filings
NOVEMBER 12, 2024
Introduction Registration of a trademark is an important step toward building a brand on solid ground. However, the process is quite challenging, and small mistakes can result in everything being disarranged, with regard to causing delays in the application, litigations, or even refusal of the application. Lack of distinctiveness to incorrect classification are among the common errors that can bring derailment upon your trademark registration.
Logical Fallacy in Patent Law: Analysing Abolkheir’s Challenge to the Soundness of Non-obviousness Test
SpicyIP
NOVEMBER 9, 2024
In his recent work published in the Journal of Intellectual Property Law and Practice , Dr. Mo Abolkheir argues that the prevailing interpretation of ‘inventive steps’ places emphasis on the inventor’s imaginative capacity rather than the invention itself. Bhuwan Sarine discusses and analyzes this perspective, offering his thoughts on Dr.
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