Sat.Jun 04, 2022 - Fri.Jun 10, 2022

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A $500,000 Plagiarism Scandal

Plagiarism Today

Jean McCorquodale is the wife of former California state senator Dan McCorquodale. Between 2009 and 2019, she held a very lucrative position at the Santa Clara County government. According to The Mercury News , In 2009, she was awarded a no-bid contract to be the sole grant writer for the county. In 2014 she was offered a five-year extension on that deal.

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Was it Careless Infringement (but for a Good Cause) or a Derivative Design Inspired by Another Indigenous Artist? (The “Every Child Matters” Copyright Story)

Hugh Stephens Blog

Sometimes copyright issues are essentially black or white. There was obvious infringement. It was done for commercial gain. It was bad; it shouldn’t have happened. Period. Often, however, things are not so clear and there are various shades of grey involved. This is one of those cases. I will let you be the judge since … Continue reading "Was it Careless Infringement (but for a Good Cause) or a Derivative Design Inspired by Another Indigenous Artist?

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On World Anti-Counterfeiting Day, shouldn’t we start by stopping those imitating the USPTO?

Erik K Pelton

Today is apparently something called “World Anti-Counterfeiting Day” This day is used – by big companies no doubt, to call attention to the harm that fakes cause, and how prevalent they are. Fakes are a problem and one that is worthy of efforts to stop. Big brands – that make many millions of dollars – rightfully want to reduce the amounts of fakes.

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The Bill C-11 Effect: “Any Video on TikTok That Uses Music Could be Subject to Regulation”

Michael Geist

TikTok did not appear before the Standing Committee on Canadian Heritage as part of its Bill C-11 study, but one of the world’s most popular user generated content sites issued a warning that even Canadian Heritage Minister Pablo Rodriguez can’t ignore: if the bill becomes law, “ any video on TikTok that uses music could be subject to regulation under the Broadcasting Act.” TikTok’s analysis picks up where Rodriguez left off at committee as he sought to downplay t

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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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3 Count: Switched Switch

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Photographer Sues Leaseweb for Hosting ‘Copyright Infringing’ Sites. First off today, Ernesto Van der Sar reports that a photographer has filed a lawsuit against the hosting company Leaseweb, claiming that the company has ignored copyright infringements taking place on its network.

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The next frontier for AI in China could add $600 billion to its economy

McKinsey Operations

By 2030, AI could disrupt transportation and other key sectors in China, adding significant economic value—but only if strategic cooperation and capability building occur across multiple dimensions.

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More Trending

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UK court discusses copyright protection of fictional characters and defences for parody and pastiche

The IPKat

Derek "Del Boy" Trotter (fictional) Can a fictional character be protected as a self standing copyright work? If so, what is the test to be applied? In a judgment handed down yesterday - Shazam v Only Fools The Dining Experience and Others [2022] EWHC 1379 (IPEC) - the Intellectual Property Enterprise Court (IPEC) answered 'yes' and applied guidance derived from EU law, including the decision of the Court of Justice of the European Union (CJEU) in Cofemel (Katposts here ).

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3 Count: Maverick Lawsuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Paramount Pictures faces copyright lawsuit over ‘Top Gun: Maverick’ First off today, Joe Hernandez at NPR reports that Paramount Pictures is facing a lawsuit over their new movie Top Gun: Maverick. The lawsuit was filed by Shosh and Yuval Yonay, the widow and son of Ehud Yonay.

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“Private” Facebook Groups Aren’t Legally “Private”–Davis v. HDR

Technology & Marketing Law Blog

The plaintiff, Davis, is a member of two Facebook groups: “Ahwatukee411,” with over 32k members as alleged in the complaint (as the screenshot on the right shows, it’s now over 34k members), and “Protecting Arizona’s Resources & Children” (“PARC”), with 900+ members. Both groups are “private” Facebook groups: Both Ahwatukee411 and PARC have “always been” private, closed Facebook groups—meaning only group members can access and see posts made within the Groups.

Privacy 144
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Forwarding Piracy Warnings Violates Privacy Law, Dutch Court Rules

TorrentFreak

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has shuttered hundreds of pirate sites and services in recent history. BREIN has also targeted several prolific BitTorrent uploaders and other infringers with success. However, tracking down and going after individual file-sharers is quite resource-intensive and the anti-piracy group aims to cast its net wider.

Privacy 144
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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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All I Want for Christmas is.Everyone to understand what copyright infringement is (not)

The IPKat

Readers may have seen that the media have picked up on a claim made against Mariah Carey for copyright infringement by her infamous song " All I Want for Christmas is You ". Just in case there was any doubt in readers' minds, here are the reasons why this Kat believes that this claim is nonsense and will likely – or at least, should - be dismissed as such.

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3 Count: Christmas in June

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Mariah Carey Sued Over Copyright on Mega-Hit “All I Want for Christmas Is You” First off today, Helen Ray at CBS News reports that Mariah Carey is being sued for $20 million over her hit holiday song All I want for Christmas is You. The lawsuit was filed by musician Andy Stone, known artistically as Vince Vance and the Valiants, accusing Carey of infringing a song he wrote of the same name before hers

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The importance of purpose: An interview with Acha Leke

McKinsey Operations

A senior partner in McKinsey’s Johannesburg office and chairman of the firm’s Africa region shares his views on purpose, untraditional paths, and why people must be not only good mentors but also good protégés.

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Court Orders For All US ISPs to Block Pirate Sites Have Been Suspended

TorrentFreak

In dozens of countries around the world, copyright holders have the ability to take legal action to compel ISPs to block the domains of pirate sites. These domain blocking mechanisms were pioneered by mostly US companies seeking to enforce their rights overseas. They sought something broadly similar through the SOPA legislation in the United States but when that failed, no effort was made to test a blocking request in court under existing law.

Copyright 145
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UK – Samsung liable for trade mark infringement over digital watch faces developed by third parties

The IPKat

A recent judgment that caught this Kat's attention was delivered by the High Court of England & Wales further to a trade mark infringement claim brought by members of the Swatch group of watch makers against Samsung ( Montres Breguet S.A. and others v Samsung Electronics Co. Ltd. and Samsung Electronics (UK) Limited [2022] EWHC 1127 (Ch) ). The claim related to digital watch faces / watch face apps that could be downloaded to Samsung's smartwatches from the Samsung Galaxy App store ("SGA sto

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The Copyright Claims Board Is Opening Next Week. Are You Excited?

Technology & Marketing Law Blog

The Copyright Office has completed its initial rulemaking for the new copyright “small claims” court called the “Copyright Claims Board” (the CCB). It has also launched a website with explanatory material. This post will round up what we know about the CCB after the rulemaking process. Overview. The CCB is intended to provide a quicker and cheaper venue for small-scale copyright disputes.

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Thaler Pursues Copyright Challenge Over Denial of AI-Generated Work Registration

IP Watchdog

On June 2, Dr. Stephen Thaler filed a complaint in the U.S. District Court in Washington, D.C. naming as defendants both the United States Copyright Office (USCO) and Shira Perlmutter, in her official capacity as Register of Copyrights and Director of the USCO. The complaint marks the start of a new phase of Thaler’s attempts at obtaining a copyright registration for “A Recent Entrance to Paradise,” an AI-generated work that is the output of Thaler’s AI system known as Creativity Machine.

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‘Copyright Troll’ Has Already Filed Over 1,000 Piracy Lawsuits This Year

TorrentFreak

For more than 15 years, alleged file-sharers around the world have been pressured to pay significant settlement fees. These so-called ‘copyright-trolling’ efforts are pretty straightforward. Copyright holders obtain a list of ‘pirating’ IP-addresses and then request a subpoena from the court, compelling ISPs to hand over the associated customer data.

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TRIPS Waiver: Is There Anything To Gain?

SpicyIP

We’re pleased to bring you a guest post with an update with the Covid-19 TRIPS waiver from Sreenath Namboodiri. You can read the previous posts we’ve had on the TRIPS Waiver here. Sreenath is Assistant Professor at School of Law, Christ (Deemed to be University) Delhi NCR. His research focuses on intellectual property rights in relation to health systems, sustainable development and innovation, pharmaceutical patents, knowledge governance, and technology and law.

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Committed innovators: How masters of essentials outperform

McKinsey Operations

New research shows that innovation leaders are rapidly ascending beyond their peers by comprehensively committing themselves to delivering net new growth at scale.

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Vidal to Review Institution of Cases Against VLSI Under Interim Director Review Process

IP Watchdog

United States Patent and Trademark Office (USPTO) Director Kathi Vidal has intervened in two Patent Trial and Appeal Board (PTAB) cases that have caused much controversy in the patent world. Vidal yesterday granted Director Review in both OpenSky Industries, LLC v. VLSI Technology LLC, IPR2021-01064 and Patent Quality Assurance, LLC v. VLSI Technology LLC, IPR2021-01229, both of which have been the subject of scrutiny by members of Congress and patent practitioners, since the petitioners involve

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IPTV Pirate Must Pay £963K or 88 Month Prison Sentence Becomes 168 Months

TorrentFreak

Over a period of more than 10 years, companies run by businessman Steven King found ways to utilize copyrighted content owned by others to generate substantial profits. According to the Premier League, Steven King, Paul Rolstona and Daniel Malone offered subscription packages to more than 1,000 pubs, clubs and homes throughout England and Wales, via their websites DreamBoxTV.co.uk and YourFootie.com.

Copyright 143
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Uber Isn’t Liable for Rapes Committed By Fake Drivers–Doe 1 v. Uber

Technology & Marketing Law Blog

Rapists pretended to be Uber drivers, picked up women under false pretenses, and raped them. As the court summarizes, “Jane Does seek to hold Uber liable for failing to warn them about or implement other measures to protect them against rapists employing the fake Uber scheme in the portions of West Hollywood and Los Angeles where the Uber entities knew rapists had repeatedly implemented the scheme.” The question is whether Uber had a special relationship with the passengers sufficien

Business 127
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“In victory, you deserve champagne”: PDO “Champagne” wins against “Champanillo”

The IPKat

When does a third-party sign unlawfully evoke the denomination “Champagne” ? The Barcelona Appeal Court recently weighed in on the question in the latest stage of the multi-year litigation between PDO “Champagne” and a Spanish tapas bar “Champanillo” (case SAP B 2691/2022 ). The court found that “Champanillo” is an evocation of “Champagne” and thus an infringement under the EU law on geographical indications (GIs).

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INTA: ‘COVIDIOT’ Trademark Should Prevail Under Narrower Test for Principles of Morality

IP Watchdog

The International Trademark Association (INTA) on Friday filed an amicus brief with the European Union Intellectual Property Office’s (EUIPO’s) Grand Board of Appeal, arguing that "the terms 'public policy' and 'principles of morality' are inherently vague and therefore carry with them a risk of an inconsistent application and a danger of each examiner being tempted to follow personal preferences rather than clear legal guidance" with respect to a trademark on the term “COVIDIOT” not being “full

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Pirate Streaming Lawsuit Plaintiffs Want Cloudflare Held in Contempt of Court

TorrentFreak

Late April, three copyright lawsuits filed by United King Film Distribution, DBS Satellite Services, and Hot Communication ended in victory for the plaintiffs, all members of Israel-based anti-piracy group Zira. After failing to appear, default judgments were entered against pirate streaming sites Israel-tv.com, Israel.tv and Sdarot.tv, with each held liable for $7,650,000 in damages.

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Black representation in the beauty industry

McKinsey Operations

Black beauty consumers and brands face deep challenges when it comes to equity. Removing those barriers can lead to greater opportunity for everyone in the industry.

Branding 129
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Will There Be a Long Overdue Victory for the Visually Impaired in South Africa?

IPilogue

Serena Nath is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Introduction. Despite great excitement and advancement in intellectual property rights, the rights of the visually impaired have been ignored. Copyright law reform has allowed publishers and innovators to prevent third-party reproduction of their work. However, this also included reproduction for the purpose of creating materials for those who are visually impaired.

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Hirshfeld Announces Timeline for Departure from USPTO

IP Watchdog

United States Patent and Trademark Office (USPTO) Acting Deputy Under Secretary of Commerce for Intellectual Property and Acting Deputy Director Drew Hirshfeld will step down from a nearly 30-year career with the Office on June 21, the USPTO announced today. Hirshfeld became Commissioner for Patents with the USPTO in 2015. He was appointed to a second five-year term in that role in July 2020.

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Yout.com Operator Rejects Deal Offered By Brazil’s Criminal Prosecutor

TorrentFreak

Over the past few years, stream-ripping service Yout.com has fought legal battles on several continents. The most prominent lawsuit was filed by the site’s operator, American developer Johnathan Nader, who took the RIAA to court in an attempt to have the site declared legal. Criminal Prosecution. The RIAA case is still pending but, in the meantime, Yout has other battles to attend to.

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Resilience for sustainable, inclusive growth

McKinsey Operations

Resilience should be seen as the ability to deal with adversity, withstand shocks, and continuously adapt and accelerate as disruptions and crises arise over time.

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War and Pandemic: Collateral Damage on IP Rights

IPilogue

Jenny Peng is an IP Innovation Clinic Fellow and a 2L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s Directed Reading: IP Innovation Program course. In an age of increasing globalization, the ripple effect of a single event resulting in unintended consequences is nothing new. Amidst the ongoing Russia-Ukraine conflict, the Russian government has recently announced a series of measures related to IP rights and payments in response to

IP 116
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The Biden Administration’s Neutrality Position on SEP Remedies is a Good Move

IP Watchdog

On June 8, the Biden Administration announced a detente on the issue of standard essential patents (SEPs) through coordinated statements made by the United States Patent and Trademark Office (USPTO), Department of Justice Antitrust Division, and National Institute of Standards and Technology (NIST). The casual reader, or reader who only quickly glanced at the headlines, might be mistaken into believing the Biden Administration had declared war on SEP owners due to the Administration rescinding t

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Photographer Sues Leaseweb for Hosting ‘Copyright Infringing’ Sites

TorrentFreak

With datacenters in Europe, Asia and the United States, Leaseweb is a big player in the hosting space. The company has thousands of customers that come in all shapes and sizes. This includes some that are labeled as pirate sites or otherwise find themselves accused of copyright infringement. This hasn’t gone unnoticed. Ten years ago it was revealed that Megaupload hosted hundreds of servers at Leaseweb and, at one point, Hollywood even considered taking the company to court.

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Quick Links From the Past Year, Part 1 (CCPA and Privacy)

Technology & Marketing Law Blog

[My approach to quick links is obviously not working very well. C’est la vie.]. CCPA. [Since I’ve got some CCPA links, it’s an excuse to resurrect the dumpster fire meme. Remember, the CPRA meme is the rolling van on fire.]. * Opinion of Rob Bonta , No. 20-303 (Office of Attorney General March 10, 2022): “internally generated inferences that a business holds about a consumer are personal information within the meaning of the CCPA, and must be disclosed to the consumer on

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