Sat.Feb 01, 2025 - Fri.Feb 07, 2025

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The Height of Hypcrisy! OpenAI Accuses DeepSeek of Stealing its Content

Hugh Stephens Blog

Image: Shutterstock (edited) Am I the only one, or did anyone else have just a touch of schadenfreude when they read the story in the New York Times that OpenAI is claiming the Chinese start-up DeepSeek may have improperly harvested its data. What irony! DeepSeek caught everyones attention earlier this week when it announced a … Continue reading "The Height of Hypcrisy!

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‘Meta Torrented over 81 TB of Data Through Anna’s Archive, Despite Few Seeders’

TorrentFreak

Last weekend, shadow library Anna’s Archive argued that, for AI companies, access to ‘pirated’ books may be a matter of national security. The reasoning behind this controversial take concerns the legal implications faced by U.S. companies if they train AI models using data obtained from shadow libraries. Other countries, however, have fewer reservations , which could give foreign companies a technological edge.

Fair Use 143
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Patent, Trademark, and Copyright: Definitions and Distinctions

Erik K Pelton

The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences. The following is an edited transcript of my video Patent, Trademark, and Copyright Definitions and Differences. While my work focuses almost exclusively on trademark protection, a question that comes up all the time is “What’s the difference between a copyright, a trademark, and a patent?

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ZEO v/s EZIO: Trademark Lessons on Passing Off and the Use of House Marks

SpicyIP

Explaining the recent Delhi High Court decision in Gensol v. Mahindra, Tanishka Goswami analyzes the Court’s findings on the importance of house marks in infringement assessment, and the nature of the relevant market. Tanishka is an advocate at the High Court of MP. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws.

Trademark 107
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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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Fake Battles, Real Explosions

Plagiarism Today

EA and DICE recently shared concept art from their upcoming Battlefield game. However, one of the explosions was a bit-too-real. The post Fake Battles, Real Explosions appeared first on Plagiarism Today.

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Patent Eligibility: The Call for Supreme Court Clarity and for an End to Summary Affirmances

JD Supra Law

The U.S. Supreme Court has once again been urged to revisit 35 U.S.C. 101, the statute governing patent eligibility. Audio Evolution Diagnostics, Inc. (AED) filed a petition for writ of certiorari, challenging the Federal Circuits summary affirmance under Rule 36 of a ruling that invalidated its patents under the Alice/Mayo framework. Should the SCOTUS take up the case, this presents an opportunity for the Court to clarify the boundaries of patent eligibility and address concerns over the.

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Their Copyrights Expired. The Legal Threats Keep Coming.

Copyright Lately

Public domain works are freeunless misinformation and aggressive claims deter the public from freely using them. From Herg to Chaplin, some estates won’t let go. Over the past weekend, hundreds of thousands of comic fans from around the world flocked to southwestern France for the Angoulme International Comics Festival , one of Europe’s largest comics conventions.

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Reject the Biden Administration’s Eleventh-Hour Patent Power Grab

IP Watchdog

On its way out the door, the Biden administration took a parting shot at America's most innovative companies in a self-described bid to expand equitable patient access to products that emerge from NIH-owned patents.

Patent 105
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3 Count: $10 Million Fight

Plagiarism Today

The New York Times has spent $10.8 million in OpenAI fight, UK Parliament weights AI regulations and police raid South African IPTV provider. The post 3 Count: $10 Million Fight appeared first on Plagiarism Today.

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Understanding the Copyrightability of AI: Insights from the U.S. Copyright Office

Barry Sookman

The United States Copyright Office released its second report dealing with artificial intelligence (AI) and copyright. The report, Copyright and Artificial Intelligence Part 2: Copyrightability , unsurprising, concludes that copyright does not extend to purely AI-generated material where there is insufficient human control over the expressive elements.

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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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USPTO’s Rapid Policy Shifts Threaten Patent System Stability

Patently-O

by Dennis Crouch The U.S. Patent and Trademark Office faces unprecedented challenges as recent executive directives force dramatic changes to its operations. I think that folks across the spectrum from right to left would agree that current changemaking at the White House is following a brutalist approach that treats all federal employees and agencies as interchangeable parts rather than recognizing their unique roles, specialized expertise, and operational requirements.

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Anna’s Archive Urges AI Copyright Overhaul to Protect National Security

TorrentFreak

The Artificial Intelligence boom promises unparalleled progress which, in theory, can change the fabric of society. As startups and established tech giants explore their options, data has become the new oil in the race to develop AI. Archives of text, in particular, are key to training Large Language Models (LLMs). Early on, many tech giants used shadow libraries to train their models.

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Report Indicates PTAB Judges Will Soon Be Required to Return to In-Person Work

IP Watchdog

According to Bloomberg Law, the administrative patent judges (APJs) of the U.S. Patent and Trademark Offices (USPTOs) Patent Trial and Appeal Board (PTAB) will be asked to return to the office as soon as February 24a move which former USPTO Director Kathi Vidal said would make the PTAB inefficient and unable to keep up with its current timelines for decisions.

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Do We Know Them Podcasters Win Fair Use CCB Case

Plagiarism Today

The Copyright Claims Board has ruled in favor of two podcasters in a bitter battle over fair use and a TikTok video. The post Do We Know Them Podcasters Win Fair Use CCB Case appeared first on Plagiarism Today.

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OpenAI Accuses DeepSeek of Unlawful Use of AI Models, Raising Ethical and Legal Concerns

JD Supra Law

In a major development within the global artificial intelligence (AI) industry, OpenAI has lodged serious accusations against DeepSeek, a Chinese AI startup, alleging that the latter has illegally utilized its proprietary models to develop a competing product. These claims underscore significant ethical and legal considerations that are highly relevant to AI model security and competitive business ethics.

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LaLiga: Cloudflare, Google and X Are Essential Piracy Facilitators

TorrentFreak

Every year, the Office of the U.S. Trade Representative asks copyright holders to share input for its Special 301 Report. Based on these recommendations, which center around copyright and piracy problems, the USTR compiles an annual list of countries that deserve extra attention. By definition, the overview aims to identify foreign companies and policies that may hurt U.S. businesses.

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More Ways for the New Acting Director to Fix the USPTO Fast

IP Watchdog

I liked reading the always-excellent Rob Greenspoon's post about five (almost) instant fixes to the patent system. The next U.S. Patent and Trademark Office (USPTO) Director would do well to read that post. Intellectual property rights are greatly important to Americas economy, and an efficient and well-functioning USPTO is critical to ensuring that such rights are protected.

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PhD Student Found Guilty of Plagiarism After 3-Year Battle

Plagiarism Today

After a three-year battle, the University of Johannesburg has found a PhD student guilty of plagiarism and academic dishonesty. The post PhD Student Found Guilty of Plagiarism After 3-Year Battle appeared first on Plagiarism Today.

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U.S. Copyright Office Issues Report on Copyrightability of Generative-AI Outputs

JD Supra Law

On January 29, 2025, the U.S. Copyright Office (the Copyright Office) published Part 2 of a three-part report on artificial intelligence (AI) and copyright issues in connection with AIs usage. Part 2 of the report (the Copyrightability Report) centers on the Copyright Offices overall skepticism toward the copyrightability of outputs of generative-AI products (Generative AI) for lack of sufficient human expressive control.

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Call for Applications: SpicyIP Tech Innovation Policy Fellowship 2025 (Apply by February 23)

SpicyIP

Attention IP and tech enthusiasts! We are very excited to announce the SpicyIP Tech Innovation Policy Fellowship 2025! This Fellowship is a one year programme, with the aim of contributing towards deeper understandings on the law and policy front around new technologies. It has been made possible thanks to a generous grant by FOSS United Foundation, which as many of our readers may know, does some fantastic work in the free and open source software space in India.

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USCO Issues 2nd Report on Artificial Intelligence: Copyrightability

The Illusion of More

Where AI merely assists an author in the creative process, its use does not change the copyrightability of the output. At the other extreme, if content is entirely generated by AI, it cannot be protected by copyright. Copyright and Artificial Intelligence Part 2, Copyrightability, USCO – Last week, the U.S. Copyright Office released Part […] The post USCO Issues 2nd Report on Artificial Intelligence: Copyrightability appeared first on The Illusion of More.

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The Upcoming Trade Wars: Intellectual Property Rights at Center Stage

Patently-O

by Dennis Crouch Recent Senate testimony from Commerce Secretary nominee Howard Lutnick provides a window into how intellectual property rights will likely become a central battlefield in escalating international trade tensions. During his confirmation hearing before the Senate Commerce Committee, Lutnick articulated an aggressive stance on protecting American intellectual property, particularly focusing on stated abuses by China.

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Vetter v. Resnik: Second Shot, Same Mistake

Copyright Lately

A federal district court in Baton Rouge, Louisiana, just turned an admittedly novel termination theory into a final judgment, risking global copyright chaos. The Fifth Circuit awaits. Last July, I wrote about Vetter v. Resnik , a case out of the Middle District of Louisiana that threatened to upend decades of settled copyright law. The court found that Cyril Vetters statutory copyright termination gave him a plausible claim to recapture both U.S. and foreign rights to his 1966 hit Double Shot (

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U.S. Copyright Office issues report on copyrightability of AI assisted and generated works

JD Supra Law

The United States Copyright Office has released the second in a series of reports relating to the implications of AI on copyright law and policy, firmly upholding the principle that copyright protection is reserved for human-created works while introducing slight nuance regarding the interplay of human authorship and generative AI. This article explores the reports guidance and resulting strategies for protection of works which consist in whole or part of AI-generated or assisted material.

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CGPDTM to Fund Law Students Participating in any International IP Moot Court Competitions: Commerce Minister Piyush Goyal

SpicyIP

Image from here In a major, and very interesting development for law students, the Commerce and Industry Minister Mr. Piyush Goyal announced that the CGPDTM will sponsor Indian law students selected for any IP moot court competition anywhere in the world. This announcement was made yesterday in the inaugural ceremony of Vidhi Pragati: National IP Moot Court Competition, 2025, organized by DPIIT in collaboration with CIIPC and IPR Chair, NLU Delhi (see video here ).

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3 Count: Lawsuit of Steel

Plagiarism Today

Superman co-creator's estate sues Warner, Sundance films pulled over piracy concerns and court rejects Musi's injunction against Apple. The post 3 Count: Lawsuit of Steel appeared first on Plagiarism Today.

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Publishers Ramp Up Pressure vs. Anna’s Archive, Sci-Hub, Z-Library & Libgen

TorrentFreak

In a world where many things seem vulnerable to change at a moment’s notice, the same world viewed from a more distant vantage point hardly seems to change at all. Whether for recreation or education, demand for published content in various formats continues to thrive. Yet a closer view reveals bricks and mortar book stores and traditional libraries in decline, and licensed digital libraries invisibly replacing both online.

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2024 PTAB Year in Review: Analysis & Trends

JD Supra Law

The Patent Trial and Appeal Board (PTAB) continues to play a pivotal role in shaping the intellectual property landscape. In 2024, several developments affecting PTAB practice emerged, from new rulemaking at the USPTO to key Director Review decisions and ongoing issues at the interface between the PTAB and district courts. Our 2024 PTAB Year in Review report provides an in-depth exploration of these key developments and more, offering insights into the evolving dynamics at the PTAB and their.

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THE REVERSE CONFUSION THEORY: AN EXCEPTION TO DOCTRINE OF PRIOR USE

Intepat

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. This principle helps protect small businesses that adopt a trademark before larger companies enter the same space.

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3 Count: Suing Zeus

Plagiarism Today

Viacom sues Nick Cannon and Zeus over competing show, Jimi Hendrix musicians to get their day in court and Indian blockbuster pirated early. The post 3 Count: Suing Zeus appeared first on Plagiarism Today.

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MPA Shares Pirate Site Blocking ‘Best Practices’ at WIPO Meeting

TorrentFreak

U.S. Rep. Zoe Lofgren introduced a new site blocking bill in the House last week, titled: Foreign Anti-Digital Piracy Act (FADPA). Should the proposal become law, FADPA would enable rightsholders to restrict access to verified pirate sites, run by foreign operators. Site blocking orders would apply to both Internet providers and public DNS resolvers.

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The Supreme Court and Intellectual Property in 2024-2025: What Was Decided, What Is To Come And What Was Declined

JD Supra Law

In wrapping up the 2023-24 term and embarking on the 2024-25 term, the Supreme Court was asked to decide a number of intellectual property cases. The Court issued several significant opinions in 2024 and has taken several other IP cases in the current term. The Court, however, also declined to take up several IP-related cert petitions for the 2024-25 term.

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The New Patent Playbook in Action: A Look at Rules 25(1) and 55(3) of the Patent (Amendment) Rules 2024 for Pre-Grant Oppositions

SpicyIP

Image from here. Recently, an interesting order was issued in Patent Application No. 202417006578 ( pdf ), by Vikas Verma, Assistant Controller of Patents & Designs, Patent Office (Chennai), in the context of a pre-grant opposition (PGO) against an application by Pharmazz Inc. What makes this decision particularly noteworthy is that it may be the first instance (at least as per the guess in a LinkedIn post by LCGN LLP here ) where a new rule for PGO has been applied.

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Australian Training College Ordered to Close Over Cheating Allegations

Plagiarism Today

An Australian training college that specializes in real estate and finance has been ordered to close over allegations of widespread cheating. The post Australian Training College Ordered to Close Over Cheating Allegations appeared first on Plagiarism Today.

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Piracy Victories for Hollywood & Premier League Spark Progress Concerns

TorrentFreak

Years before it happened, the MPA predicted that improved internet connectivity in Vietnam would likely lead to piracy problems down the line. The MPA’s prediction was fairly detailed and turned out to be extremely accurate. That the country would quickly become one of the safest places in the world to run a pirate site, led to real-world examples of how quickly sites can grow in an environment lacking credible enforcement.