Sat.Jan 28, 2023 - Fri.Feb 03, 2023

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Who Owns Your ChatGPT Output? (Hint: Probably Not You)

JD Supra Law

ChatGPT is a large language model developed by OpenAI. It is based on the transformer architecture and trained on a massive dataset of text from the Internet. It has the ability to generate human-like text and can be used for a variety of natural language processing tasks such as language translation, question answering, and text completion. It is first pre-trained on a large corpus of general text and can be fine-tuned for specific tasks or domains.

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Trademark Registration For Musicians

Sander Law

Trademark Registration for Musicians Are you a musician? in a band? Then you have trademarks that are worth protecting through trademark registration! Examples of Trademarks Below are some of the types of branding you could register as trademarks, and examples of musicians with registered trademarks in Canada and/or US. Artist Stage Name: LADY GAGA, BRUNO MARS, DR.

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RAP MUSIC ON TRIAL: Artistic Expression or Confession of Guilt? When IP Meets Criminal Law

IPilogue

Mona Karimi is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. If you’re a fan of Hip-Hop music, you might just find your favourite artist fighting to protect themselves from their own lyrics. Jay-Z, Meek Mill, Big Sean, others have joined forces to openly endorse the Rap Music on Trial Bill.

Music 111
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Will the Year of the Rabbit be the Year of Contentious Copyright Litigation over AI-Generated Content?

Hugh Stephens Blog

According to the Chinese zodiac, the Year of the Rabbit (this year) is supposed to represent “relaxation, quietness and contemplation”. This “Rabbit Year” is predicted to be “calm and gentle”. (Good news for the people of Ukraine, if true). However, when it comes to the thorny issue of copyright and content generated by artificial intelligence … Continue reading "Will the Year of the Rabbit be the Year of Contentious Copyright Litigation over AI-Generated Content?

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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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Great Branding Examples

Erik K Pelton

The following is an edited transcript of my video Examples of Great Branding – to see the images and logos, watch the video below. I want to share several examples of great branding that I’ve encountered lately. The first example is from Peloton. If you notice the Peloton logo, it’s a nice, clean, simple, forward moving logo. They use the logo consistently and place it extremely well all the time.

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AI and copyright in 2022

Kluwer Copyright Blog

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. 1. Generative AI Computer-generated art reached a tipping point in 2022. Experiments with AI-generated images go back decades (such as the computer programs of Harold Cohen starting in the 1970s).

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[Guest post] Litigation commenced against the developers of AI image generation software

The IPKat

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. In just the past year the IPKat has hosted a number contributions on IP and AI generated creations/inventions, including book reviews , a report on the US Copyright Office decision to reject protection for an artwork created by a machine, analysis of

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What is ESG?

McKinsey Operations

Environmental, social, and governance (ESG) criteria are useful in measuring a company’s progress toward achieving social goals in addition to creating shareholder value.

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“This Law Will Be One of Scapegoating All Those Who Do Not Fit Into What Our Bureaucrats Think Canada Should Be”: Bill C-11 is Back with Stunning Rebuke From Senator David Adams Richards

Michael Geist

Senator David Adams Richards, an acclaimed Canadian author who has won Governor-General Awards for both fiction and non-fiction as well as a Giller Prize, provided the most memorable Senate speech for the ill-fated Bill C-10, stating on the Senate floor in June 2021 that “ I don’t think this bill needs amendments; I think, however, it needs a stake through the heart.

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Watching Pirate Streams in the UK is Illegal: Risk of Prosecution “Minimal”

TorrentFreak

As outlined again only this month , people who simply watch pirate streams break UK law. If the content comes from an illegal source, it’s illegal to consume it under copyright law. That is a fact – there is no debate. The problem for rightsholders is that copyright cases are complex, difficult to prove, and won’t end in a prison sentence under civil law.

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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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UK Government axes plans to broaden existing text and data mining exception

The IPKat

Ready to mine. As it was explained in the Impact Assessment accompanying the Commission’s Proposal for what would eventually become and be adopted by the Parliament and the Council as the DSM Directive [Katposts here ] , text and data mining (TDM) is a term commonly used to describe the automated processing ("machine reading") of large volumes of text and data to uncover new knowledge or insights.

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How to close the Black tech talent gap

McKinsey Operations

Businesses risk billions if Black professionals continue to be underrepresented in tech jobs. Closing the gap means making changes to education, recruiting, and retention initiatives.

Business 139
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Data Demonstrates the Value of a Trademark Attorney

Erik K Pelton

A recent study, Lessons from USPTO Trademark Prosecution Data, uses data from the USPTO records over four decades to show that working with an attorney improves the odds of success when applying to register a trademark. The full study by Deborah R. Gerhart and Jon J. Lee, published by the International Trademark Association’s Trademark Reporter, is available at [link].

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Top Russian Official Thanks Pirates For Enabling Access to ‘Enemy’ Content

TorrentFreak

Russia’s invasion of Ukraine coupled with retaliatory measures and dangerous brinkmanship threatens to destabilize the entire planet. When a broad coalition of countries imposed sanctions on Russia last year, the goal was to limit Putin’s ability to wage war without resorting to war itself. Sanctions were ostensibly crafted to curtail military capability while meting out punishment to Russia’s elite.

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Confidentiality restrictions around clinical trials and prior public use (T 0670/20)

The IPKat

The recent Board of Appeal decision in T 0670/20 considered whether patients in a clinical trial were under conditions of confidentiality. The patent was for a tablet formulation that had been given to patients in a clinical trial conducted before the patent had been filed. The question became whether the patients could be considered members of the public, and whether their participation in the clinical trial therefore constituted prior public use of the formulation.

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Trademark Registration: 100% THAT B H

Patently-O

by Dennis Cxrouch In re Lizzo LLC (TTAB 2023) In a new precedential opinion, the PTAB has sided with the musical artist Lizzo — agreeing to register her mark “100% THAT B H” for use on apparel. The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment.

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Opinion: Restoring The Road Less Traveled – American Invention at a Crossroad

IP Watchdog

As Robert Frost poetically noted, two roads diverged in the woods he was exploring. One road was well trod, easy to traverse, and the other less traveled, difficult and getting weedy. Sadly, although Americans pride themselves on innovation, American innovation, particularly inventorship, is now the difficult road. Bad decisions made in previous forks in the road have gradually undermined the innovative spirit in our nation, but some inventors in Washington, DC, next week want to change course b

Invention 128
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Pirate Site Admin Convicted After Five Years, Another Acquitted, Site Lives On

TorrentFreak

Numerous reports published by the European Union over the past decade have linked higher levels of content piracy with lacking availability of legal content. Restricted access to legal offers fuels the perception among citizens that piracy is an acceptable option, which in turn leads to higher levels of pirated content consumption. One way to combat that is by making content available and raising awareness, through the EU’s Agorateka platform , for example.

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Geographical Indications and the Versailles Peace Treaty of 1919: Then and Now

The IPKat

This Kat has recently been researching the impact of wars on geographical indications (GIs). She would like to share with Kat readers some thoughts on how features of the Versailles Peace Treaty of 1919 and its aftermath resonate with the modern-day GI legislation. Background The Treaty of Versailles was a peace treaty signed on June 28, 1919. It ended the state of war between Germany and the Allied (US, the British Empire, France, Italy, Japan) and the Associated Powers (a total of 22 of countr

Art 131
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Delhi High Court makes a U turn on Secondary Meaning and Acquired Distinctiveness

SpicyIP

[This post has been authored by SpicyIP intern Ishant Jain. Ishant is a final-year student pursuing BA LLB at Guru Gobind Singh Indraprastha University, Delhi. He comes from Firozabad, UP, and is looking forward to building his career in Intellectual Property Rights. As he describes himself, if he is not at his desk, he is probably writing a poem or a short story.

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Revolution Rope Inventor Tells Justices She Deserves Her Day in Article III Court

IP Watchdog

The inventor of a novel jump rope system (the Revolution Rope), Molly Metz, argued in a reply brief to the U.S. Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S. Patent and Trademark Office (USPTO).

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Pirate IPTV Owners Liable For $100m in Damages Fight House Seizure

TorrentFreak

After being sued by DISH Network in 2021, former Nitro TV operators Alex Galindo, Anna Galindo, Martha Galindo, and Osvaldo Galindo, made no real attempt to fight the lawsuit. Why that decision was taken is still unknown, but court records suggest that throwing money away on a case that couldn’t be won might be one of the possibilities. The downside is that the plaintiffs went completely unchallenged, including when they requested and received a damages award in excess of $100 million last

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How the Asian insurance market is adapting to the future

McKinsey Operations

In this podcast, three McKinsey partners and leaders of the Insurance Practice discuss the themes that will define Asian insurance in 2023 and beyond.

Marketing 116
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Section 230 Still Applies to User Reviews–Daniloff v. Google

Technology & Marketing Law Blog

It’s well-settled law that Section 230 protects review services for tortious user reviews. The Ninth Circuit told us this in 2016 (in Kimzey v. Yelp ), but the caselaw was already clear by then. Yet, here we are in 2023, still reiterating that venerable legal principle. Alexander Daniloff is an Oregon lawyer. His website stands out for its late 1990s design ethos, plus it uses line numbers on every web page (even the “contact us” page) as if they were court pleadings.

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Kappos at PTAB Masters 2023: The PTAB Simply ‘Hasn’t Worked Out’ as Intended

IP Watchdog

During the PTAB Masters 2023 program, which was held this week on Tuesday and Wednesday at IPWatchdog’s headquarters in Ashburn, Virginia, former U.S. Patent and Trademark Office (USPTO) Director David Kappos explained on a panel about potential reform of the Patent Trial and Appeal Board (PTAB) that the PTAB was meant to be an alternative to district court, but “that hasn’t worked out.

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Omi in a Hellcat “Said He’d Kill Me” Pirate IPTV Co-Defendant Tells Court

TorrentFreak

When the federal government shut down pirate IPTV services owned by Pennsylvania and New Jersey man, Bill Omar Carrasquillo in November 2019, it became one of the most high-profile anti-piracy operations ever conducted in the United States. Under handles including “Omi in a Hellcat” and “Targetin1080p” Carrasquillo publicized almost everything he did on social media, from selling pirate subscriptions and devices, to banking the mountains of cash he undoubtedly made from t

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A guide to impact investing in Black economic mobility

McKinsey Operations

Eight socioeconomic pillars can support the growth of Black-owned businesses and increase opportunities for Black communities.

Business 116
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The Limits of Work Standards

Christopher Roser

Work standards are the backbone of continuous improvement because you need a standard to maintain what you have already achieved. But standards are not easy. A standard should explain everything in sufficient detail without being too detailed…and that is a fine line to walk. The key to the problem, but also to the solution, is. Read more The post The Limits of Work Standards first appeared on AllAboutLean.com.

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Cellspin Says Judge Gonzalez Rogers’ Financial Ties to Silicon Valley Require Recusal

IP Watchdog

Earlier this month, patent owner Cellspin Soft filed a motion for recusal under 28 U.S.C. § 455 seeking the vacatur of a summary judgment order entered in the Northern District of California by U.S. District Judge Yvonne Gonzalez Rogers releasing several defendants from infringement liability, including Fitbit. Cellspin Soft’s motion points to several financial interests between Judge Gonzalez Rogers and Fitbit’s parent company Google, including business relationships developed by Judge Gonzale

Business 123
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MPA & ACE Need OSINT Investigators to Track Down IPTV Pirates

TorrentFreak

The MPA and strongly-affiliated Alliance for Creativity and Entertainment are the sworn enemies of illegal streaming sites, IPTV services, and torrent portals. Still, when everything boils down, the hunter and the hunted ultimately find themselves on the same digital battlefield, equipped with broadly similar tools, underpinned by mostly the same technical rules.

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The future of commodity trading

McKinsey Operations

A new normal of commodity trading will call for new types of traders.

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Why Astley’s New Soundalike Lawsuit Should Be Rickrolled Out Of Court

Copyright Lately

Is Rick Astley’s right of publicity claim against Yung Gravy for vocal impersonation on a collision course with the federal Copyright Act? British singer Rick Astley is best known for “ Never Gonna Give You Up ,” a song people voluntarily listened to in 1987 and were tricked into listening to in 2007. Decide for yourself which is worse, although I should point out that in 1990 the song was part of a psychological torture campaign to force Panamanian dictator Manuel Noriega to surrender and

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In Response to Questions Signaling Major Changes to Patent System, Commenters Ask USPTO: ‘Where’s Your Data?’

IP Watchdog

Yesterday, February 1, was the deadline for submissions to the U.S. Patent and Trademark Office (USPTO) on its call for responses to a number of questions purportedly aimed at making U.S. patents more “robust and reliable.” But many commenters have weighed in to question why the Office is relying on data driven by advocacy groups to explore potentially major adjustments to the U.S. patent system when, as the expert agency on patents, it has not yet undertaken a data-driven study itself to confir

Patent 119
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AnimixReplay Shuts Down After ACE Comes Knocking

TorrentFreak

Late last year, popular anime site AmimixPlay closed its doors , citing technical and motivational issues. The decision was a massive disappointment to its loyal user base, which was good for an estimated 100 million monthly visits. Following the site’s demise, several copycats popped up. A group of fans also created a new project to honor the original in a more respectful matter, while giving former users a new home; AnimixReplay.

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Performance through people: Transforming human capital into competitive advantage

McKinsey Operations

A dual focus on developing people and managing them well gives a select group of companies a long-term performance edge.

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