September, 2024

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5 Takeaways from the Internet Archive Ruling

Plagiarism Today

Yesterday, the Internet Archive lost its appeal in its case against book publishers. Here's what you need to know. The post 5 Takeaways from the Internet Archive Ruling appeared first on Plagiarism Today.

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Author of AI-Generated Work Rejected by Copyright Office Says Lack of Protection Has Crushed Him

IP Watchdog

Jason Allen, the author of the two-dimensional digital artwork, titled “Théâtre D’opéra Spatial,” which was rejected by the U.S. Copyright Office last year, has filed a request for declaratory judgment with the U.S. District Court for the District of Colorado asking the court to find that his work is eligible for copyright registration. The Review Board of the U.S.

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‘Pirate’ Site nHentai Sued in U.S. Court for Copyright Infringement

TorrentFreak

Manga and anime have become increasingly popular in recent years. These formats originate in Japan, but they are now popular all over the world. Available in static and animated form, ‘hentai’ describes the adult versions of the above. With a growing audience of many millions of fans, hentai is also benefiting from the boom. As with any type of media, not all consumers are paying for access.

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Cybersecurity in the Age of Industry 4.0 - Part 2

JD Supra Law

This is the second article in our two-part series on Cybersecurity in the Age of Industry 4.0, focusing on the legal implications and potential liabilities manufacturers face from cyberattacks, as well as practical recommendations to mitigate these risks. If you missed the first article, where we discussed the latest trends and key cybersecurity risks facing manufacturers, you can read it here: Cybersecurity in the Age of Industry 4.0 – Part 1.

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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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Belgian Constitutional Court refers 13 questions on DSM Directive to the CJEU

The IPKat

Yesterday, the Constitutional Court of Belgium issued a ruling in joined cases 7922, 7924, 7925, 7926, 7927, concerning the validity of the Belgian law that transposed Directive (EU) 2019/790 [DSM Directive; see an earlier post on this case here ]. The ruling stays the proceedings and refers 13 questions to the Court of Justice of the European Union (CJEU).

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Comparative Report on the National Implementations of Articles 15 & 17 CDSMD – 14 New Countries

Kluwer Copyright Blog

Image by Clker-Free-Vector-Images from Pixabay As reported in earlier posts on this blog , in a 2022 study , I examined the national implementations in the 11 Member States that had at that time transposed Article 15 (the press publishers’ right) and Article 17 (the special copyright liability regime for “online content-sharing services providers” (OCSSPs)) of the EU’s Copyright in the Digital Single Market Directive (CDSMD).

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How A Strong Copyright System Benefits the United States

Copyright Alliance

Resolved: The United States federal government should significantly strengthen its protection of domestic intellectual property rights in copyrights, patents, and/or trademarks. Growing up in Michigan, high school policy debate let […] The post How A Strong Copyright System Benefits the United States appeared first on Copyright Alliance.

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U.S. Court Orders LibGen to Pay $30m to Publishers, Issues Broad Injunction

TorrentFreak

Library Genesis, often shortened to LibGen , is one of the longest-running shadow libraries online. It provides free access to a vast collection of millions of books and academic papers that typically require payment. In recent years, rightsholders have made several attempts to shut the site down. Court orders have led to LibGen being blocked in several countries, but completely eliminating the threat has been extremely difficult.

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A Very Demure, Very Mindful Trademark Problem: Prior-Filed Applications For Your Trademark

JD Supra Law

TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed to over 2 million followers on TikTok alone. On the heels of her viral fame, Jools posted that the video had changed her life almost overnight.

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New Group Launched by IP VIPs Promises to Protect Inventors’ Right to Access Capital

IP Watchdog

A new inventors’ rights group was launched Thursday, September 19, with the aim of “helping startups, small businesses, and entrepreneurs defend their intellectual property rights and access capital.” The Inventors Defense Alliance includes Professor Kristen Osenga, professor at the University of Richmond School of Law, as its chief policy counselor, and boasts a board featuring the Hon.

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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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Additional Remuneration Rights for Online Streaming on Reference to the CJEU

Kluwer Copyright Blog

Image by yousafbhutta from Pixabay On 26 September 2024, the Belgian Constitutional Court referred a highly topical issue of fair remuneration of authors and performers on online streaming platforms to the Court of Justice of the EU (CJEU). The reference, which is poised to result in one of the most significant CJEU judgments in the copyright law field, concerns the validity of a number of provisions of the Law of 19 June 2022 , which transposed the 2019 Copyright in the Digital Single Market Di

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Why the Internet Archive Lost

Plagiarism Today

The Internet Archive's defeat is a blow to the organization So why did it lose? Who is to blame? The answer is very simple. The post Why the Internet Archive Lost appeared first on Plagiarism Today.

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Site Blocking Is Effective Worldwide Says New Report by IP House and DCA

The Illusion of More

Overseas and Out of Reach: International Video Piracy and U.S. Options to Combat It, released today by IP House and Digital Citizens Alliance (DCA) is one more reason the U.S. Congress should adopt site-blocking legislation to protect American creators and consumers. Thirteen years ago this coming January, Congress shelved bipartisan legislation that was designed to […] The post Site Blocking Is Effective Worldwide Says New Report by IP House and DCA appeared first on The Illusion of More

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Court Orders Google to “Uninstall” Pirate IPTV App Sideloaded on Android Devices

TorrentFreak

As reported last week, an order published in Argentina dated September 13, 2024, revealed that local ISPs are now required to block dozens of Magis TV-linked domains for violating intellectual property law. In total, 69 domains (full list in our earlier report ) must be blocked so that internet users cannot access them from anywhere inside Argentinian territory.

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Court Rules That Scraping of Public Data by Competitor Constitutes Trade Secret Misappropriation

JD Supra Law

In an ongoing dispute commenced in 2016, the Eleventh Circuit for the second time in the lifetime of the litigation considered trade secret misappropriation and related copyright claims in a scraping case between direct competitors. The case involved plaintiff Compulife Software, Inc. (“Plaintiff” or “Compulife”) – in the business of generating life insurance quotes on the internet – and a group of Compulife competitors and others (“Defendants”) who allegedly misappropriated Plaintiff’s.

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Amici Urge SCOTUS to Scrap Fourth Circuit Approach to Disgorgement of Non-Party Affiliates’ Profits

IP Watchdog

Several amici weighed in late last week on a trademark petition to the U.S. Supreme Court that asks whether “an award of a ‘defendant’s profits’ under the Lanham Act…can include an order for the defendant to disgorge the distinct profits of legally separate non-party corporate affiliates.” The Supreme Court granted the petition in Dewberry Group, Inc. v.

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Copyright, Education, and Generative AI: Getting with the programme?

Kluwer Copyright Blog

Generative AI (GenAI) is promising to revolutionise higher education. Whether it concerns legal scholars using ChatGPT to write their essays, computer science majors relying on GitHub Copilot to generate programming code, or art students turning to Midjourney to create visual artistry: the relevant AI tools to assist with educational assignments are readily available online.

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NaNoWriMo’s Massive AI Blunder

Plagiarism Today

NaNoWriMo weighed in on artificial intelligence (AI) and authors, including their own leaders, are unhappy with the statement. Here's why. The post NaNoWriMo’s Massive AI Blunder appeared first on Plagiarism Today.

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The Significance of Anderson v. TikTok: A Test for Section 230 CDA

Barry Sookman

In the dying weeks of the summer, the U.S. Third Circuit Court of Appeals released a bombshell case holding that § 230 of the Communications Decency Act (CDA) did not provide a safe harbor for the social media company TikTok when its algorithms recommended and promoted a video which allegedly led to a minor killing herself. The case, Anderson v. TikTok, Inc., 2024 WL 3948248 (3rd.Cir.Aug. 27, 2024), is significant.

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TorrentGalaxy is Back Online & Uploads Resume

TorrentFreak

For a torrent site, TorrentGalaxy is still a relative newcomer. The site is barely seven years of age while others have been around for over two decades. In that timespan, however, TorrentGalaxy secured a key place in the torrent ecosystem. Not only does it serve millions of users directly, its ‘release’ groups also distribute torrents across other popular sites, including The Pirate Bay and 1337x.

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Federal Court says Jimmy Kimmel’s Prank on George Santos Passes As Fair Use

JD Supra Law

In a ruling that’s being hailed as a win for fair use, a federal judge has tossed out a lawsuit brought by disgraced ex-congressman George Santos against late-night TV host Jimmy Kimmel, in Santos v. Kimmel, American Broadcasting Companies, Inc., and Walt Disney Company, 1:24-cv-01210, in the Southern District of New York. The legal battle was sparked by a series of hilarious prank videos that Kimmel allegedly lured Santos into making.

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Google Hit with Allegations of Trademark Infringement over Gemini ChatBot

IP Watchdog

Gemini Data, Inc., an AI software company, has sued Google, LLC for trademark infringement, alleging that the rebranding of Google’s AI chatbot from BARD to GEMINI represents a “calculated decision to bulldoze over Gemini Data’s exclusive rights without hesitation.” In February 2024, Google announced it would be re-branding BARD to GEMINI and attempted to register the trademark with the U.S.

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Why the Data Wall and the Advance of Quantum Computing Matter to Copyright Lawyers

Kluwer Copyright Blog

Samuel Johnson by Joshua Reynolds from Wikipedia Large language models are built on scale. The bigger they are, the better they perform. The appetite for letters of these omnivorous readers is insatiable, so their literary diet must grow steadily if AI is to live up to its promise. If Samuel Johnson, in one of his famous Ramblers of 1751, grumbled about the growing number of what he called “the drudges of the pen, the manufacturers of literature, who have set up for authors”, who knows what he w

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Understanding the Darryll Pines Plagiarism Allegations

Plagiarism Today

The President of the University of Maryland, Darryll Pines, is the latest to be targeted with plagiarism allegations. Here's how serious they are. The post Understanding the Darryll Pines Plagiarism Allegations appeared first on Plagiarism Today.

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The Patent Eligibility Restoration Act (PERA) of 2024: From Oz to Earth

Patently-O

by Dennis Crouch As its name suggests, the Patent Eligibility Restoration Act (PERA) is designed to substantially overturn the Supreme Court's decisions in Mayo Collaborative Services v. Prometheus Laboratories, Inc. , 566 U.S. 66 (2012), and Alice Corp. v. CLS Bank International , 573 U.S. 208 (2014). Together those cases created a firestorm of invalid patents and challenges for the patent office and patent holders alike.

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Google Wins Lawsuit Against Scammers Who ‘Weaponized’ DMCA Takedowns

TorrentFreak

The DMCA takedown process allows rightsholders to request the removal of infringing material from online platforms. It’s a powerful, widely-used tool that results in millions of URLs and links being taken down daily. While often justified, some DMCA takedown requests are questionable or even outright abusive. Google Sues DMCA Scammers Google is no stranger to DMCA abuse.

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California Enacts Host of AI-Related Bills Designed To Protect Individuals

JD Supra Law

In the absence of federal legislation addressing the development and deployment of artificial intelligence (AI) systems, individual states continue to fill that void by enacting state-specific legislation.

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Other Barks and Bites for Friday, September 27: FTC Appeals Ruling on Noncompete Ban; the TTAB Cancels Four DC and Marvel SUPER HERO Trademarks; OpenAI Agrees to Share Training Data with Authors Suing for Copyright Infringement

IP Watchdog

This week in Other Barks & Bites: the Federal Trade Commission (FTC) appeals a Florida court’s ruling on its proposed ban on noncompete agreements; two Nobel Prize winners ask to cancel their groundbreaking CRISPR patent to avoid a potential legal cancellation of the patent; and the Trademark Trial and Appeal Board (TTAB) invalidates four superhero trademarks owned by comic giants DC and Marvel.

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September 11: Honoring First Responders Across the Nation

U.S. Department of Commerce

By Joe Wassel, Executive Director and CEO, First Responder Network Authority (FirstNet Authority) Twenty-three years ago, America experienced a day unlike any other in our history. News of the attacks on the World Trade Center, Pentagon, and in Shanksville, Pennsylvania, reverberated across our nation. Everyone was on high alert. No one knew where, when, or if another attack would happen.

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The Battle Over Music in Social Media Videos

Plagiarism Today

Music companies are increasingly targeting businesses who use their music on social media. Here's what you need to know. The post The Battle Over Music in Social Media Videos appeared first on Plagiarism Today.

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Do I have PTSD following an accident?

Nelligan Law

Reading Time: 2 minutes What is PTSD? PTSD is a psychological response to trauma that disrupts a person’s ability to function normally. It can be triggered by witnessing or experiencing a traumatic event, such as an accident. While not everyone who experiences trauma develops PTSD, for some, the emotional aftermath lingers, often for years. Common Signs of PTSD PTSD can manifest in various ways, and its symptoms often fall into the following four main categories: Intrusive Memories:

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TorrentGalaxy Spooks Users with More ‘Downtime’

TorrentFreak

In little over five years, TorrentGalaxy has grown out to become a leading player in the torrent ecosystem. The site originally set out to ‘ bridge the gap ‘ between torrent and streaming sites, and it ultimately became much more than that. With a dedicated group of uploaders and an active community, TorrentGalaxy provided a safe haven for many avid torrenters.

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Amarin v. Hikma: Defining the Limits of Protection That Skinny Labels Afford

JD Supra Law

On August 22, 2024, Hikma Pharmaceuticals USA Inc. and Hikma Pharmaceuticals, PLC (collectively Hikma), filed a petition for rehearing en banc, asking the US Court of Appeals for the Federal Circuit to reconsider its recent decision on induced infringement by generic drug companies that use a “skinny label.” Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA Inc., No. 2023-1169 (Fed.

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GoPro Bid to Invalidate POV Camera Claims as Abstract Shut Down by CAFC

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential opinion reversing a district court’s invalidation of patent claims challenged by GoPro, Inc. as patent ineligible. The CAFC said the district court erred in concluding at Alice step one that the claims were directed to an abstract idea and distinguished the case from its precedent in Yu v.

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Senate Bill Wants CBP To Share More On Counterfeit Products

IP Law 360

A new bill in Congress would expressly give U.S. Customs and Border Protection agents the ability to share more "nonpublic information" about allegedly counterfeit products with "any other party with an interest in the merchandise.

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