Sat.Dec 02, 2023 - Fri.Dec 08, 2023

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Music Rights Group Sues Elon Musk’s X for Copyright Infringement

TorrentFreak

Similar to other user-generated content platforms, X allows people to freely share content online. This includes text but images, videos, and music are regularly posted as well. In some cases, content is uploaded without first obtaining permission from rightsholders. Over the years, various parties have called out Twitter/X over alleged copyright infringement.

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Responding to Hbomberguy’s Plagiarism Video

Plagiarism Today

Recently, YouTuber hbomberguy posted a massive video about plagiarism on YouTube. Here, I break it down and analyze the details. The post Responding to Hbomberguy’s Plagiarism Video appeared first on Plagiarism Today.

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Google, News and Canada: When is Half a Glass Better Than a Broken Glass?

Hugh Stephens Blog

[link] The news that Google and the Government of Canada managed to strike a deal prior to the coming into force later this month of Bill C-18, the Online News Act, was not really a surprise, at least not to me. Both sides had every incentive to find enough common ground to reach an agreement. … Continue reading "Google, News and Canada: When is Half a Glass Better Than a Broken Glass?

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Second Circuit Finds Art Collective Can’t Use First Amendment to Skate Out of Injunction

Intellectual Property Law Blog

In its first opportunity to apply the Supreme Court’s recent decision in Jack Daniel’s Properties v. VIP Products LLC , which held that the First Amendment did not protect infringing works that “use [the complainant’s] mark [ ] as a mark,” the Second Circuit upheld an Eastern District of New York order enjoining art collective MSCHF from offering its “Wavy Baby” sneaker that likely infringed Vans’ marquee “Old Skool” sneaker.

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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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2023 Word of the Year: Authentic

Erik K Pelton

Merriam Webster’s 2023 Word of the Year rings true for the world of trademarks, as Erik explains in this video. The post 2023 Word of the Year: Authentic appeared first on Erik M Pelton & Associates, PLLC. Merriam Webster’s 2023 Word of the Year rings true for the world of trademarks, as Erik explains in this video.

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Beyond Plagiarism: 5 Other Authorship Issues in Research

Plagiarism Today

When it comes to authorship issues in research, plagiarism is far from the only one. Here are five other authorship issues to be aware of. The post Beyond Plagiarism: 5 Other Authorship Issues in Research appeared first on Plagiarism Today.

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Skinny Label Avoids Infringement

Patently-O

by Dennis Crouch H. Lundbeck A/S v. Lupin Ltd. , Nos. 2022-1194, 2022-1208, 2022-1246 (Fed. Cir. Dec. 7, 2023) (Opinion by Judge Dyk, joined by Judges Prost and Hughes). The Federal Circuit recently affirmed a district court judgment finding that Abbreviated New Drug Applications (“ANDAs”) submitted by generic drug manufacturers did not infringe patents rights held by H.

Patent 126
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C4IP and IP Celebrities Tell Biden to Pass on Extension of TRIPS Waiver

IP Watchdog

Nearly 50 former government officials and other well-known figures in the IP space signed onto a letter today penned by the Council for Innovation Promotion (C4IP) urging President Biden to oppose the World Trade Organization’s (WTO’s) proposed extension of the COVID-19 IP waiver to therapeutics and diagnostics. The WTO announced a deal on waiver of IP rights for COVID-19 vaccine technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in June 2022.

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3 Count: Merry Grinchmas

Plagiarism Today

AAP calls out tech companies' AI arguments, New Zealand town accused of copyright grab and the Grinch is stealing something else. The post 3 Count: Merry Grinchmas appeared first on Plagiarism Today.

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CJEU considers legal standing of collecting societies

The IPKat

In a recent ruling, the Court of Justice of the European Union (CJEU) has interpreted Art. 4 of Directive 2004/48/EC , which lists natural and legal persons that may seek the application of civil enforcement measures ( C-201/22 ). The Court clarified that Member States are not obliged to allow collective management organisations (CMOs) to bring, in their own name, actions for copyright infringement on behalf of the rightholders.

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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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NFT Intellectual Property Considerations

JD Supra Law

Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick Bytes—small servings of technical contract insights expertly prepared by our seasoned attorneys. This month, we're dishing up tips on intellectual property considerations for NFTs.

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Federal Circuit Vacates VLSI’s $2.2 Billion Damage Award Against Intel

The IP Law Blog

On December 4, 2023, the Court of Appeals for the Federal Circuit vacated a $2.18 billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents.

Licensing 117
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What Can YouTube Plagiarism Victims Do?

Plagiarism Today

Now that the fallout from hbomberguy's YouTube plagiarism video is settling, what can the victims do against their plagiarists? The post What Can YouTube Plagiarism Victims Do? appeared first on Plagiarism Today.

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APPLE JAZZ Trademark Fight Continues at CAFC

IP Watchdog

Office (USPTO) and Apple, Inc. file responses to his petition for writ of mandamus, the owner of the trademark APPLE JAZZ has filed a reply of his own charging that “the USPTO is not sincere and has never been sincere about deciding this case.” The latest briefs relate to a petition for writ of mandamus filed by Charles Bertini, owner of APPLE JAZZ, who has been embroiled in a fight with Apple over rights to the mark since 2016.

Trademark 116
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AI News Roundup - December 2023

JD Supra Law

There’s a lot happening in the world of AI. To help you stay on top of the latest news, we have compiled a roundup of the developments we are following. The Beijing Internet Court has ruled that a plaintiff who used generative AI to produce a digital image has established that he exhibited, through a series of prompts, a sufficient amount of control over the image creation process to have an enforceable copyright.

Copyright 113
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Generative AI is a lot Like a Video Tape Recorder, No?

The Illusion of More

In my last post, I focused on the hypothetical fair use defense of generative AI under the principles articulated in the Google Books decision of 2014. In this post, I want to address another claim that has arisen—both on social media, and in comments to the Copyright Office—namely that generative AI companies should be shielded […] The post Generative AI is a lot Like a Video Tape Recorder, No?

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3 Count: Imminent Closure

Plagiarism Today

Getty Images lawsuit against Stability AI moves forward, record labels want a court to uphold Grande verdict and more. The post 3 Count: Imminent Closure appeared first on Plagiarism Today.

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RIAA Files Massive ‘Repeat Infringer’ Copyright Lawsuit Against U.S. ISP Altice

TorrentFreak

On December 14, 2022, a group of music rightsholders including BMG, UMG, and Capitol filed a complaint at a Texas district court, accusing Altice, the parent company of ISP Optimum, of facilitating massive copyright infringement. Just days ahead of that lawsuit’s one-year anniversary , Altice now finds itself fighting a second and substantially similar lawsuit, filed by 49 member labels of the RIAA at the same Texas court.

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Federal Circuit Vacates VLSI’s $2.2 Billion Damage Award Against Intel

JD Supra Law

On December 4, 2023, the Court of Appeals for the Federal Circuit vacated a $2.18 billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents.

Licensing 112
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Family Recipes, Holidays, and the Mystique of Trade Secrets

Nelligan Law

Reading Time: 2 minutes This week, we embark on a flavorful journey through time, where family recipes not only tantalize taste buds but also safeguard tales of tradition and secrets passed down generations, particularly during the holiday season. Family recipes are like whispered legends, carrying the essence of heritage and history. Beyond the mere mix of ingredients, these culinary treasures transcend time, embodying tradition and culture.

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3 Count: Destiny’s Jury

Plagiarism Today

Destiny 2 cheat case heading before a jury, Swiss music licensing agency sues X for infringement and the Australian government to talk AI. The post 3 Count: Destiny’s Jury appeared first on Plagiarism Today.

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No more Junk Fees?

Olartemoure Blog

The Federal Trade Commission (FTC) recently unveiled a proposed rule aimed at prohibiting junk fees that can adversely impact consumers and hinder fair competition. The FTC estimates that these fees cost consumers tens of billions of dollars annually, prompting the need for regulatory intervention. Besides, to address this issue, the FTC has invited public comments on the proposed rule.

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Norton Rose Taps IP Pro As Partner-In-Charge Of SF Office

IP Law 360

Norton Rose Fulbright will start 2024 with a new partner-in-charge of its San Francisco office, announcing the promotion of an experienced IP partner who will take on the role beginning Jan. 1.

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Toyota Practical Problem Solving (PPS)—Clarify

Christopher Roser

In my last post I introduced the Toyota Practical Problem Solving approach (PPS) and gave an overview how it is rooted in PDCA and often used in the form of an A3. Now let’s dig deeper and go into the details of the individual steps. The first is to clarify the problem. The second is. Read more The post Toyota Practical Problem Solving (PPS)—Clarify first appeared on AllAboutLean.com.

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Second Circuit Upholds Injunction for Vans Based on Jack Daniel’s Ruling

IP Watchdog

The U.S. Court of Appeals for the Second Circuit today invoked the Supreme Court’s decision in Jack Daniel’s Properties v. VIP Products to affirm a district court’s finding that MSCHF Product Studio, Inc.’s shoe, the Wavy Baby Sneaker, likely infringed Vans, Inc.’s Old Skool shoe. The Second Circuit ultimately affirmed the district court’s grant of a preliminary injunction and temporary restraining order for Vans.

Art 104
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Copyright Infringement? Jury to Decide Over Landmark Destiny 2 ‘Cheating’ Suit

TorrentFreak

Over the past several years, a wave of copyright infringement lawsuits has targeted alleged cheaters and cheat makers. Game companies have emerged as relatively swift victors in cases that never went to trial, but that’s not a given. The legal dispute between American video game developer Bungie and AimJunkies.com has been fiercely fought and next week heads to a jury trial.

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Amazon May Be Liable for Merchant’s Spycam–M.S. v. Amazon

Technology & Marketing Law Blog

This case involves an “embedded pinhole camera” “disguised” as a “mountable hook” that a Doe merchant offered in Amazon’s Marketplace. Allegedly, Amazon inspected the item three times: Amazon’s Product Safety Team inspected it to confirm it couldn’t be used to violate sexual privacy; Amazon’s Dangerous Products Team inspected its lithium-ion battery; and the Fulfillment-by-Amazon team inspected it as well.

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Getty Image’s AI Model Training Lawsuit in UK Against Stability to Proceed 

JD Supra Law

A UK court has ruled that Getty Image’s lawsuit against Stability AI for copyright infringement over generative AI technology can proceed. Stability had sought to have the case dismissed, alleging in part, that the AI models were trained in the US. However, the court relied on seemingly contradictory public statements by Stability’s CEO, including that Stability helped “fast track” UK residency applications of Russian and Ukrainian developers working on Stable Diffusion.

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Fed. Circ. Wrestles With Apple Bid To Ax More Masimo Patents

IP Law 360

Federal Circuit judges on Wednesday questioned Apple Inc.'s contention that the Patent Trial and Appeal Board wrongly upheld the validity of two Masimo Corp. patents on technology for measuring oxygen in the blood, which Apple is accused of infringing in a California case.

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Movie Companies Sue Lawyer in Dispute Over Piracy Settlement Cash

TorrentFreak

While opinions, definitions, and scope vary, it seems fairly clear that lawsuits targeting BitTorrent pirates do little to prevent mass piracy. A steady stream of suspected pirates continuously line up to become the next individuals to face potential legal action, regardless of how many that has happened to previously. For companies whose movies are downloaded and shared illegally, solutions have been developed that allow them to monitor suspected pirates and track them back to their ISPs, befor

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Roblox Sanctioned for SAD Scheme Abuse–Roblox v. Schedule A Defendants

Technology & Marketing Law Blog

TIL: Roblox regularly uses the SAD Scheme. I found at least 19 cases. In the lawsuit I’m covering today, Roblox named over 250 defendants. If that’s true with the other 18 cases, Roblox may have sued 4,000+ defendants using the SAD Scheme. Seriously, Roblox? Do better. [Roblox is represented in this case by Michael A. Hierl, Robert Payton McMurray, and William Benjamin Kalbac of the Chicago firm Hughes Socol Piers Resnick & Dym.

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The United States Copyright Office Notice of Inquiry on AI: A Quick Take

Velocity of Content

This post originally appeared in the Scholarly Kitchen on 11/28/23 Monday, October 30 was the final date for interested parties to submit comments to a comprehensive “ Notice of inquiry and request for comments ” issued by the United States Copyright Office entitled “Artificial Intelligence and Copyright.” With 34 questions asked about both copyright and technology, some parties responses exceed 100 pages.

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Circuit-By-Circuit Guide To 2023's Most Memorable Moments

IP Law 360

A former BigLaw partner in his 30s made history by joining a preeminent circuit court, a former BigLaw partner in his 50s made waves by leaving the largest circuit, and a former chemist in her 90s made enemies by resisting a probe on the most specialized circuit. That's a small sample of the intrigue that flourished in 2023 throughout the federal appellate system, where diversity bloomed and controversy abounded.

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YouTube, Facebook, & TikTok Won’t Discuss Bad Takedowns? Get Over It, They’re Busy

TorrentFreak

Back in August we reported how Google had received requests to remove one billion allegedly-infringing links from its search results. A billion is a big number, especially when it refers to takedown demands received over a period of just nine months. A few days before we published that report, Google had just processed its seven billionth removal request, having reached six billion less than a year earlier.

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Global conference on IP

Biswajit Sarkar Copyright Blog

We are pleased to share that our founder Adv. Biswajit Sarkar has been invited to be a Keynote Speaker at the Conference- “IP Eurasia/IP India’23” conducted by the Eurasian Patent Office (EAPO) along with the Russian State Academy of IP in Russia. This year’s conference places significant emphasis on fostering cooperation with India, recognized as a pivotal and promising partner among Eurasian nations.

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