Sat.Aug 19, 2023 - Fri.Aug 25, 2023

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The Final Betrayal of NFTs

Plagiarism Today

OpenSea says it will no longer enforce royalties on its NFT platform. However, it's not OpenSea that's betrayed artists, it's crypto itself. The post The Final Betrayal of NFTs appeared first on Plagiarism Today.

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Will Artificial Intelligence Change Trademarks?

Erik K Pelton

The following is an edited transcript of my video Will AI Change Trademarks ? Artificial intelligence has been in the news in 2023. And a lot of that is due to the amazing tool ChatGPT, which is a breakthrough in terms of artificial intelligence technology. The company, OpenAI, that built ChatGPT, was valued at $29 billion recently. And yet, they only filed the trademark application for ChatGPT a few weeks ago, and they only filed for OpenAI last year.

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Telecoms Regulator Gives Google a Week to Join IPTV Piracy Fight

TorrentFreak

Authorities and rightsholders in Brazil say there will be no let up in their battle against all aspects of the illegal TV market. From pirate IPTV services and non-certified set-top boxes, to illegal streaming websites and pirate apps, all will face continued disruption. Brazil’s National Film Agency (Ancine) and local telecoms regulator Anatel (National Telecommunications Agency) announced a new anti-piracy partnership earlier this year, with the latter championing blocking measures as a key to

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Appeals From Itat Orders: Supreme Court Resolves Jurisdictional Conundrum

IP and Legal Filings

Introduction Both the Delhi High Court and the Punjab & Haryana High Court rejected appeals that were made before them and declined to have territorial jurisdiction over the case owing to a difference of opinion. This led to an appeal being submitted before the Supreme Court. In its ruling issued on August 18, 2022 in the case of Pr. Commissioner of Income Tax-I, Chandigarh v.

Law 98
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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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What Surprised me About AI

Plagiarism Today

Generative AI has only been available to the public for about eight months. The biggest surprise wasn't that it exists, but how it debuted. The post What Surprised me About AI appeared first on Plagiarism Today.

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August 2023 TPAC Meeting Summary

Erik K Pelton

Erik shares key takeaways from the recent Trademark Public Advisory Committee (TPAC) meeting in this podcast. The post August 2023 TPAC Meeting Summary appeared first on Erik M Pelton & Associates, PLLC. Erik shares key takeaways from the recent Trademark Public Advisory Committee (TPAC) meeting in this podcast.

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Fmovies Gets Huge Visitor Boost, Users Spooked By Surge in Malware Warnings

TorrentFreak

For quite some time, Fmovies has sat among a newer-breed of pirate streaming sites pulling in astonishing levels of traffic. This has attracted a lot of negative attention from major rightsholders in the movie and TV sectors. The studios of the MPA have repeatedly taken complaints about FMovies to the U.S. government, leading to the platform making annual appearances in the USTR’s ‘notorious markets’ list.

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3 Count: Office Depot Data

Plagiarism Today

Office Depot seeks attorneys' fees in data case, agency demands photog pay for their photos and DragonForce battles a fake copyright claim. The post 3 Count: Office Depot Data appeared first on Plagiarism Today.

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Guest Post: Diversity Pledge: Boosting Innovation and Competitiveness

Patently-O

By: Suzanne Harrison , Chair of the Patent Public Advisory Committee (PPAC) at the USPTO. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here. In July 2021, the USIPA hosted a DEI in innovation conference and launched The Diversity Pledge, alongside 30 founding Pledgee companies who agreed to increase the

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Movie Copyright Cases Filmmakers Should Know: Part 1, Infringement Cases

Copyright Alliance

Moviegoers may be familiar with the cinematic musings of actress Nicole Kidman: “We come to this place for magic. That indescribable feeling we get when the lights […] The post Movie Copyright Cases Filmmakers Should Know: Part 1, Infringement Cases appeared first on Copyright Alliance.

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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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Amazon Sues Online Stores Selling Pirated DVDs

TorrentFreak

Amazon is not just the largest e-commerce retailer, the company also has a significant copyright portfolio. In recent years the company has increased its anti-piracy efforts, both individually and as a member of the Alliance for Creativity and Entertainment ( ACE ). The company does all it can to protect popular titles such as The Lord of the Rings: The Rings of Power, The Boys, and The Peripheral, which are typically pirated shortly after their release.

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How the Copyright Claims Board Counters DMCA Counternotices

Plagiarism Today

The Copyright Claims Board (CCB) offers a way for rightsholders to ensure an allegedly infringing work stays offline after a counternotice. The post How the Copyright Claims Board Counters DMCA Counternotices appeared first on Plagiarism Today.

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China Bistro Judgement: A Detour From Established Principles?

IP and Legal Filings

INTRODUCTION A single bench of the Delhi HC in Foodlink F & B v. WOW Momo Food (Wow Momo) [1] has injuncted the use of “WOW! China Bistro/ ” mark against the plaintiff’s trademark “China Bistro/ ”. The single bench, using the trite law of essential features and the average consumer test, reached the conclusion of infringement under §29(2) of the Trademarks Act, 1999 (‘Act’). [2] Put differently, since the essential features of the plaintiff’s mark, that is, the words “CHINA BISTRO”, are pres

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My Comments to the USPTO About the SAD Scheme and Anticounterfeiting/Antipiracy Efforts

Technology & Marketing Law Blog

[I submitted the following comments to the USPTO] __ To: United States Patent and Trademark Office, Department of Commerce From: Prof. Eric Goldman, Associate Dean for Research, Santa Clara University School of Law Date: August 22, 2023 Re: Comments regarding Future Strategies in Anticounterfeiting and Antipiracy, Docket No. PTO-C-2023-0006 I appreciate the opportunity to submit these comments regarding the USPTO’s inquiry into anticounterfeiting and antipiracy efforts.

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Guest Post: Why Do Women Face Challenges in the Patent Process?

Patently-O

By: Abhay Aneja , Assistant Professor of Law, University of California, Berkeley, Diversity Pilots Initiative Researcher, Gauri Subramani , Assistant Professor in the Department of Management, College of Business, Lehigh University and Diversity Pilots Initiative Researcher, and Oren Reshef , Assistant Professor of Strategy, Washington University in St.

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3 Count: Content ID Scam

Plagiarism Today

YouTube partners with Universal on AI issues, Content ID scammer sentenced to 46 months and Soulja album pulled over copyright issue. The post 3 Count: Content ID Scam appeared first on Plagiarism Today.

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Anti-Piracy Lessons Enter the School Curriculum: Are You a Thief?

TorrentFreak

Today’s youth is growing up in an era where all knowledge and information is literally at their fingertips. The internet is a great source of knowledge, entertainment, and a key tool for social interactions. However, it also comes with many darker sides, although kids won’t always recognize the dangers. In Denmark, local anti-piracy group Rights Alliance has repeatedly warned that today’s youth should be properly educated when it comes to copyright and piracy.

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Court Says No Human Author, No Copyright (but Human Authorship of GenAI Outputs Remains Uncertain) (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Heather Whitney To the surprise of no one, a D.C. district court granted summary judgment for the Copyright Office in Thaler v. Perlmutter , No. 1:22-cv-01564 (D.D.C. Aug. 18, 2023), affirming the Copyright Office’s position that “a work generated entirely by an artificial system absent human involvement [is not] eligible for copyright.

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APPLE JAZZ Mark Owner Says Apple Can’t Attempt to Reverse CAFC via TTAB

IP Watchdog

On August 18, the owner of the APPLE JAZZ trademark filed an opposition to Apple’s motion to amend its trademark application for the mark APPLE MUSIC with the Trademark Trial and Appeal Board (TTAB). In its motion, the tech giant asked the TTAB to allow the company to remove “live performance services, as well as related services,” from the application.

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The Fight to Own AI-Generated Content is Just Starting

Plagiarism Today

A court recently found that an AI cannot hold copyright on the work it creates. Here's why that doesn't actually matter. The post The Fight to Own AI-Generated Content is Just Starting appeared first on Plagiarism Today.

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Kim Dotcom’s Bitcache a US$13.5m Failure, Liquidator Report Reveals

TorrentFreak

On July 23, 2023, the High Court in Auckland, New Zealand, put a company called Bitcache Limited into liquidation. Founded on July 28, 2016, Bitcache Limited was the legal entity behind Kim Dotcom’s Bitcache, an upcoming blockchain/crypto solution set to revolutionize the utility of Bitcoin through the introduction of cost-effective microtransactions.

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Court Doesn’t Expect YouTube to Moderate Content Perfectly–Newman v. Google

Technology & Marketing Law Blog

This is one of several ideologically motivated lawsuits against YouTube for allegedly engaging in “discriminatory” content moderation. The initial cohort of plaintiffs were conservatives (Prager); but then as a purported “gotcha,” the law firm added LGBTQ (Divino) and people of color (Newman) plaintiff cohorts. By experimenting with more sympathetic plaintiff demographics, I assume the law firm hoped to create better precedent that it could then weaponize to help conserva

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SpicyIP Weekly Review ( August 14 – August 20)

SpicyIP

Last week was full of exciting discussions on the blog. Niyati wrote on the Delhi High Court order rejecting the appeal against Pepsico’s potato plant variety revocation order. Aparajita wrote on the potential impact of the recently passed Jan Vishwas Bill, 2023. We also had a guest post by Aditya Gupta on the Delhi High Court Division Bench’s order in Google v.

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3 Count: Non-Copyrighted AI

Plagiarism Today

Court tosses USCO case over AI art, court to revisit fair use tattoo case and Lord of the Rings fan fiction author loses vs Amazon. The post 3 Count: Non-Copyrighted AI appeared first on Plagiarism Today.

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‘Lead’ YouTube Content ID Scammer Sentenced to 46 Months in Prison

TorrentFreak

YouTube’s Content ID system helps rightsholders and content creators prevent copyright infringement. Copyright holders can either remove problematic content from the video platform or monetize it instead. Monetization is preferred in many cases and can be quite lucrative. Over the years, the Content ID platform has generated more than $9 billion in ‘claimed’ advertising revenue.

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CCC & GO FAIR Convene Workshop to Improve AI Outcomes Using High-Quality FAIR Data

Velocity of Content

Since the introduction of FAIR principles in 2016, there has never been a question that their implementation would help drive innovation and accelerate the R&D lifecycle. The effort to implement FAIR principles has led many organizations to adopt a data-centric culture that values collaboration and encourages the sharing of data. Although many successes have been reported, and much progress made, after seven years, only a very small fraction of data is truly FAIR.

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Utility Patents Granted per Calendar Year, 1840-2022

Patently-O

By Jason Rantanen I’m getting ready to teach my Fall 2023 Patent Law class, and that means updating the granted utility patents graph that I do every few years. This year’s version shows U.S. utility patents granted per year from 1840-2022: Data for 2023 isn’t included in the table, but as of July 25, 2023, the authority file contains just 171,556 patents.

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DC Court Says No Copyright Registration for Works Created by Generative AI

IP Watchdog

On Friday, Judge Beryl Howell issued an opinion in Dr. Stephen Thaler’s challenge against the U.S. Copyright Office (USCO) over the denial of his application for a work generated entirely using generative artificial intelligence (AI) technology. The opinion supports the USCO’s refusal to register a work in which the claimant disclosed in the application that the image was the result of an AI system, called The Creativity Machine.

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Flawless IPTV Fugitive Detained in Thailand Following UK Police Request

TorrentFreak

Private criminal prosecutions are complex and expensive but can also offer some great perks; the taxpayer picking up the bill for the prosecution and then paying to keep those convicted in prison, for example. In the case of the five men sentenced in May for running pirate IPTV service Flawless TV, it’s unlikely the Premier League will be left out of pocket.

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Ninth Circuit Easily Dismisses Account Termination Case–King v. Facebook

Technology & Marketing Law Blog

This is a standard account termination case. The specific facts don’t matter to the outcome, but I enumerate a little more detail in my prior blog post. The 9th Circuit panel’s very short narrative includes: “there is no private right of action under the CDA” “The specific promise to take down explicit content at issue in Barnes does not compare to the general promise made by Facebook, and incorporated into its TOS, to use “good faith” or make an “honest” determinat

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Jan Vishwas Bill 2023: Small businesses, competition and public health set up to lose?

SpicyIP

As reported, both Houses of Parliament recently passed the Jan Vishwas Bill, 2023 (JV Bill). This bill seeks to promote business by reducing penalties and decriminalising offences across 42 legislations. Major intellectual property rights laws – the Copyright Act, 1957, the Patents Act, 1970, the Trade Marks Act, 1999 and the Geographical Indications Act, 1999, have also been amended.

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Consider this Hidden Step Zero in the Patent Subject Matter Eligibility Analysis

IP Watchdog

U.S. patent practitioners have had a rocky relationship with the once-straightforward patent eligibility requirement under 35 U.S.C. 101 in recent years. Decisions such as Mayo and Alice upended the status quo, muddying the threshold test for patent subject matter eligibility. When dealing with difficult 101 rejections under this new status quo, it can sometimes help to think outside of the box about how to overcome a given rejection.

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Current Patent Litigation Trends

JD Supra Law

According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300. Before 2019, the annual number of new cases had not been below 4,300 since 2011.

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Facebook Easily Defeats Lawsuit Over User Posts–Hicks v. Bradford

Technology & Marketing Law Blog

Whoa, what a flashback. We used to see lawsuits like this 15+ years ago, but we don’t see them any more because they are so obviously doomed by Section 230. This case involves a shooting of police officers. Multiple Facebook posters claimed Hicks was the shooter and doxxed him. Allegedly, Facebook was repeatedly notified that Hicks wasn’t the shooter, but Facebook didn’t remove the posts or block new ones.

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Jharkhand High Court Quashes Criminal Proceedings Alleging Copyright Infringement Against a Professor

SpicyIP

Image from here A couple of weeks ago, I discussed a law student in Bengaluru filed a case, alleging copyright infringement, against two assistant professors. Just a couple of weeks later I’ve now come across news of another student alleging copyright infringement, ( Paras Kumar Choudhary vs The State of Jharkhand ), but this time a criminal proceeding was instituted against the professors!