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.
Hugh Stephens Blog
NOVEMBER 25, 2024
Image: Shutterstock (with AI assist) It was inevitable.
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Kluwer Copyright Blog
NOVEMBER 27, 2024
Generated with OpenAI’s DALL-E 3 model based on a prompt corresponding to the wording of Recital 106 AI Act Introduction The interaction between the AI Act ( Regulation 2024/1689 ) and the exceptions for text and data mining (TDM) in the CDSM Directive is one of the most important topics in EU copyright law today. One particularly controversial point of intersection is the AI Act’s attempt, through recital 106, to give extraterritorial effect to its copyright-related provisions.
TorrentFreak
NOVEMBER 20, 2024
Z-Library is one of the largest shadow libraries on the Internet, hosting millions of books and academic articles that can be downloaded for free. The site defied all odds over the past two years. It continued to operate despite a full-fledged criminal prosecution by the United States, which resulted in the arrest of two alleged operators in Argentina.
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?
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 ).
IP Watchdog
NOVEMBER 21, 2024
One week after markup was postponed to give those with concerns more time to get on board, and following several previously postponed markup hearings, the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL Act) has now moved from the Senate Judiciary Committee to the Senate floor for a full vote. The bill moved forward by a vote of 11-10.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
JD Supra Law
NOVEMBER 26, 2024
Earlier this month, the Intellectual Property Enterprise Court (IPEC) handed down the long-awaited decision in the WaterRower v Liking [2024] EWHC 2806 (IPEC) case. It is seen as a key judgement exploring the boundaries of copyright protection in the United Kingdom.
The IPKat
NOVEMBER 19, 2024
Yesterday, the EU design reform reached its final step: it was published in the Official Journal as Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. This post analyses the main elements of the two acts. Background Foundations for the EU design system (as of now still covered by Regulation (EC) 6/2002 for EU-wide designs and Directive 98/71/EC for national designs) were laid down in the late 1980s-early 1990s, when various groups of academics presented their proposals for EU acts on the ma
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.
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
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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.
Plagiarism Today
NOVEMBER 5, 2024
UMG sues TuneCore for $500 million, Marcus King draws fire for photography contract and Google hits 10 billion DMCA URLs. The post 3 Count: King of Contracts appeared first on Plagiarism Today.
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.
The IPKat
NOVEMBER 1, 2024
One of the best-known frames of Todd Phillips’s 2019 Joker film starring Joaquin Phoenix is that of Phoenix’s “Joker” inside a lift. Let’s imagine a situation in which the user of a generative Artificial Intelligence (AI) model inputted the following prompt: “Create an image of Joaquin Phoenix Joker movie, 2019, screenshot from a movie, movie scene.
TorrentFreak
NOVEMBER 5, 2024
While search engines are extremely helpful for the average Internet user, copyright holders have also seen a massive downside. In addition to trillions of legitimate pages, there’s a steady supply of pirate sites. These can be hard to ignore for some entertainment-hungry users. This problem is not new. When piracy-discovery became web-based with the surge of BitTorrent in the early 2000s, search engines were unwittingly used as pirate gateways.
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.
Patently-O
NOVEMBER 15, 2024
by Dennis Crouch Recent patent prosecution data reveals a striking trend: the percentage of utility patents containing "non-transitory" software claims continued to increase -- from virtually zero 15 years ago to nearly 22% in 2024. This dramatic rise illustrates both the central role of software in our patent system and the peculiar formalistic requirements that have emerged around software patent eligibility under 35 U.S.C. § 101.
Plagiarism Today
NOVEMBER 20, 2024
Bluesky has reached over 20 million users and is adding more every second. But how is it on matters of copyright and content protection? The post Copyright and Content Protection on Bluesky appeared first on Plagiarism Today.
JD Supra Law
NOVEMBER 27, 2024
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir. Upholds Injunction in OpenAI v. Open AI - The U.S. Court of Appeals for the Ninth Circuit recently upheld a preliminary injunction against Open Artificial Intelligence, Inc.
The IPKat
NOVEMBER 30, 2024
Some months ago, this Kat reported on the Advocate General’s (AG) Opinion in case C-579/23 P. It concerns the competence of the European Commission (Commission) when scrutinising applications for geographical indications (GIs) that it receives from the Member States. Now that the Court of Justice of the European Union (CJEU) has issued its ruling this case returns to The IPKat’s pages: while the CJEU mostly aligned with the AG, it did so with an important twist!
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
IP Watchdog
NOVEMBER 11, 2024
Encouraged and abetted by free riders who would benefit unfairly from others’ work, well-intentioned lawmakers and judicial activists have compromised the U.S. patent system, threatening America’s prosperity and national security. But we have the chance to reverse this trend by supporting two bills that will be debated this week in the Senate Judiciary Committee.
SpicyIP
NOVEMBER 19, 2024
In an interesting development, the CIC recently rejected an RTI application concerning information on IPRS’ compliance with the Copyright Act, upholding privacy for private organizations and confidentiality of inquiry reports that have not been tabled in front of the Parliament. SpicyIP intern Kartikeya Srivastava analyses this decision from the lens of underlying public interest in the information sought and comments on the dilution of the RTI Act under the guise of privacy.
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.
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.
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
TorrentFreak
NOVEMBER 8, 2024
The inception and early years of The Pirate Bay are an intriguing chapter of the Internet’s history. Founded by the Piratbyrån group, The Pirate Bay and its founders embraced the power of the new BitTorrent technology: to copy culture en masse. By doing so, they altered the public discourse, openly taunting the entertainment industries in the process.
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.
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.
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.
JD Supra Law
NOVEMBER 19, 2024
In a rare occurrence, a jury has rendered a verdict over termination rights under the U.S. Copyright Act. On October 16, 2024, a Florida jury found in favor of renowned hip-hop group 2 Live Crew (2LC), restoring ownership of the copyrights to various of the group’s iconic albums.
The IPKat
NOVEMBER 25, 2024
The European Economic Area (‘EEA’) consists of Iceland, Norway, Liechtenstein and the EU. It seems obvious that trade mark rights regarding goods placed on the Turkish market by the trade mark owner are not exhausted under Art. 15 EUTMR. According to this provision, An EU trade mark shall not entitle the proprietor to prohibit its use in relation to goods which have been put on the market in the European Economic Area under that trade mark by the proprietor or with his consent.
TorrentFreak
NOVEMBER 22, 2024
Real-Debrid is nifty tool that provides access to premium and unrestricted downloads from a variety of file hosting and torrent websites. The popular download service operates as a middleman to access file-hosting platforms, for example, and also uses cached content to stream content from torrent sites instantly. These features appear to be quite appealing to pirates.
IP Watchdog
NOVEMBER 5, 2024
We invited Judge Newman to speak at our annual Life Sciences program at IPWatchdog Studios, which gave Judge Newman a platform to tell her side of the story in her own words and to discuss what the Federal Circuit is doing. So powerful were her comments that at least several in the audience were seen shedding a tear, and she received a hearty standing ovation.
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.
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