Sat.Feb 05, 2022 - Fri.Feb 11, 2022

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The Bizarre Career of Damien Hirst

Plagiarism Today

Promotional Photo by FoundationCartier featurning Damien Hirst’s Cherry Blossom Paintings. In July 2021, artist Damien Hirst debuted his latest exhibit , a collection of 107 paintings (30 of which were on display) of cherry blossoms. For Hirst, this was a major moment in his career and one that he took a great deal of pride in. However, last week, another UK-based artist, Joe Machine, came forward to accuse Hirst of ripping off his earlier works.

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Books, e-Books, Authors, Publishers and Libraries: A Complex Relationship?

Hugh Stephens Blog

On January 1, 2022, a new law entered into force in the state of Maryland requiring that authors and publishers holding the rights to an e-book title must offer unlimited copies of that title to public libraries in the state at an undetermined “reasonable price” if and when the title is offered to individual consumers. … Continue reading "Books, e-Books, Authors, Publishers and Libraries: A Complex Relationship?

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Trademark scams continue to proliferate

Erik K Pelton

Even if there have been some measures to stop, punish, and prevent scammers preying on trademark filers at the USPTO over the last year, it is not enough. More must be done. I get multiple calls, emails, and comments on blog posts asking about the trademark scams every week. Over the last year, the most popular page on my website is about the WTP scam.

Trademark 147
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HITPIECE NFT RIPOFF: What you need to know and what can you do about it.

The Trichordist

By now you’ve probably heard of the website HitPiece.com and their outrageous scheme to mint a “NFTs” of virtually every song and album in existence. If you… Read more "HITPIECE NFT RIPOFF: What you need to know and what can you do about it.".

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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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The Coming Copyright/Trademark Storm for NFTs

Plagiarism Today

Last week, the NFT and crypto world saw its headlines dominated by the rapid rise and fall of the company HitPiece. Dubbed “ The Fyre Festival of NFT Startups “, the company had an ambitious plan to sell NFTs of every song ever made. To achieve this, they accessed Spotify’s public API and simply started minting NFTs on their own “HitChain”, which runs alongside Ethereum.

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China’s Rise in U.S. Design Patent System

Patently-O

by Dennis Crouch. WIPO administers the WIPO-administered Hague System for the International Registration of Industrial Designs. In 2015, the US linked its design patent system with Hague — this gives U.S. designers easier access to global design rights; and non-U.S. applicants easier access to the U.S. market. This week, China announced that it is also joining the system.

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New Music Industry Takedown Service Targets NFT and ‘Metaverse’ Piracy

TorrentFreak

There’s a market for pretty much anything digital today and ‘collectables’ in particular sell like hot cakes. The non-fungible token (NFT) rage shows that people are willing to pay vast amounts of money for a digital gimmick, that may or may not retain its value. These digital entries, stored on a blockchain, allow the buyers to prove that they are legitimate ‘owners’ to some underlying asset.

Music 142
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Croatia’s Coin Copycat Controversy

Plagiarism Today

The country of Croatia is scheduled to begin using the Euro as its currency on January 1, 2023. However, ahead of that change, the country has a large amount of preparation both publicly and behind the scenes. One of the more public steps is designing their first one Euro coin. To that end, the Croatian central bank held a design competition. On Friday, it announced the winner, designer Stjepan Pranjkovic.

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Changing a No to a Yes in the Patent System

Patently-O

by Dennis Crouch. Patent attorneys expect an initial office rejection, but clients often want to know: how long must this go on before we get our patent? The chart below provides some data on how many office-action rejections you might expect before a patent issues. To collect the data, I wrote a short bit of code to parse through the file histories of all the issued patents from the past several years and count the number of non-final and final rejections.

Patent 128
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New referrals to the Enlarged Board on the EPO's joint applicants approach to priority (G 1/22 & G 2/22)

The IPKat

There have been two referrals (consolidated) to the Enlarged Board of Appeal (EBA) on the question of the EPO's joint application approach to priority for PCT(EP) applications (G 1/22 and G 2/22). A referral on the co/joint applicants approach to priority has long been expected ( IPKat ), and the new referrals will hopefully provide some much legal clarity on this issue.

Inventor 126
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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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Nintendo ‘Hacker’ Gary Bowser Sentenced to 40 Months in Prison

TorrentFreak

Hacking group Team-Xecuter has long been a thorn in the side of major gaming companies. The group offered hardware and software solutions that allowed people to install and play games – including pirated copies – on various consoles such as the popular Nintendo Switch. Nintendo had been trying to shut down the group for years but without much result.

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3 Count: Caged Hellcat

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Omi in a Hellcat Will Plead Guilty, Suddenly Turns Anti-Piracy Advocate. First off today, Andy Maxwell at Torrentfreak writes that YouTuber and former pirate IPTV service operator Omar Carrasquillo, better known as Omi in a Hellcat, has announced that he will plead guilty to the charges against him and is now spreading an anti-piracy message.

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Making Chips Abroad and Infringing a U.S. Patent

Patently-O

by Dennis Crouch. The recent Federal Circuit decision in Caltech v. Broadcom includes an important discussion of extraterritorial damages further extending Carnegie Mellon (Fed. Cir. 2015) in finding that manufacture and delivery of a product in a foreign country can infringe a US patent if sufficient sales-activity occurred within the US. California Institute of Technology v.

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Podcast: Talking NFTs and Grift with Neil Turkewitz & David Lowery

The Illusion of More

In this episode, I talk to artists’ rights activists Neil Turkewitz and David Lowery about the scope and nature of fraud in the NFT trade–and why NFTs are yet another false promise to help independent artists in the digital age. Read Neil Turkewitz’s interview with artist bor, a member of the activist group @NFTTheft, and […].

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Search Engines Will Deindex All Domains That Have 100+ Links to Pirated Content

TorrentFreak

Tackling sites that mass distribute links to infringing content is a time-consuming activity for rightsholders. Many feel there should be greater cooperation from the tech sector to lighten the load and in Russia, that certainly appears to be happening. Signed in 2018, a memorandum of cooperation signed by major rightsholders and internet companies including Yandex changed the way infringing content is handled.

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3 Count: Extinguished Spark

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Member of Scene Piracy Group SPARKS Gets 22-Month Prison Sentence. First off today, Ernesto Van der Sar at Torrentfreak writes that George Bridi, a Cyprus man convicted of criminal copyright infringement for his role in the SPARKS scene group, has been sentenced to 22 months for his role.

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Federal Circuit Gets New Blood as Senate Confirms Leonard Stark to Replace O’Malley

IP Watchdog

Judge Leonard Philip Stark was confirmed by the U.S. Senate yesterday to be the next judge on the U.S. Court of Appeals for the Federal Circuit, replacing Judge Kathleen O’Malley. O’Malley announced in July of last year that she will officially retire on March 11, 2022. Stark was confirmed by a vote of 61-35, which is reportedly one of the most bipartisan votes so far during President Joe Biden’s administration.

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Why is Market Research Important for Patent Protection?

Kashishipr

In the present highly competitive business environment, understanding the market trends well is imperative for the development, and eventually, the success of a particular product or service. To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation.

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Omi in a Hellcat Will Plead Guilty, Suddenly Turns Anti-Piracy Advocate

TorrentFreak

In November 2019, the federal government shut down Gears-branded IPTV services operated by Bill Omar Carrasquillo, better known by his social media handle Omi in a Hellcat. IRS and FBI agents seized “at least” $5.2m from his bank accounts along with a laundry list of supercars and other vehicles, all alleged to have been purchased with revenues from Carrasquillo’s pirate TV services.

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3 Count: Serious Comedy

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Pandora Sued By Major Comedians Over Licensing Fees For Writing Jokes. First off today, Winston Cho at The Hollywood Reporter Esquire reports that Pandora has been sued by a group of comedians and their estates claiming that the streaming service has been streaming their performances but not paying all the royalties owed.

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House Passes the America COMPETES Act as Response to Senate’s China Competition Bill

IP Watchdog

On February 4, the U.S. House of Representatives passed a major piece of legislation known as the America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act of 2022, which is the House’s counterpart to the U.S. Senate’s United States Innovation and Competition Act of 2021. While both bills are designed to improve America’s competitiveness in several key technology areas over foreign economic rivals, especially China, some IP advocates are p

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Another Anti-Vaxxer Jawboning Lawsuit Fails–ICAN v. YouTube

Technology & Marketing Law Blog

This is another lawsuit by anti-vaxxers. The “Informed Consent Action Network,” and its founder Del Bigtree , ran afoul of the social media services’ COVID misinformation policies. YouTube and Facebook each repeatedly blocked ICAN’s content items before yanking ICAN’s accounts. ICAN claimed that the social media services took these actions due to government pressure and jawboning, especially pointing the finger at Rep.

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Police Arrest Man For Running Pirate Site Linking to Anime, Movies, TV Shows

TorrentFreak

In 2012, Japan passed legislation that made it illegal to download unlicensed movies and music from the Internet. Eight years later, Japan’s parliament passed new copyright amendments that banned the unlicensed downloading of manga, magazines and academic texts from the Internet, in line with the previously outlawed media categories. At the same time, it introduced provisions for dealing with so-called ‘leech’ sites, platforms that index or link to copyrighted content hosted elsewher

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Black History Month 2022: Ways Black Creators are Uplifting Their Communities

Copyright Alliance

Black History Month has been the apogee of education and the celebration of Black heritage in the U.S. for decades. It began in 1926, when historian Carter G. Woodson worked […]. The post Black History Month 2022: Ways Black Creators are Uplifting Their Communities appeared first on Copyright Alliance.

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CAFC Corrects District Court’s On-Sale Bar Analysis

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today reversed the U.S. District Court for the District of Pennsylvania’s summary judgment that a medical device design patent was not invalid under the on-sale bar. Junker v. Medical Components, Inc. The district court found the patent was infringed and awarded damages in the amount of $1,247,910.

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Another Court Says Facebook Isn’t a State Actor–McWaters v. Houston

Technology & Marketing Law Blog

McWaters was arrested for allegedly sexually abusing a minor, but the grand jury didn’t issue an indictment. He sued various defendants for publicizing the accusations. Among others, he sued Facebook for allegedly engaging in discriminatory content moderation in violation of the Fourteenth Amendment. That argument doesn’t seem to make sense here, but it’s inconsequential because Facebook isn’t a state actor: Facebook, as a social media company, does not become a state act

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BREIN Chases Largest Dutch Pirate IPTV Supplier Around The World

TorrentFreak

In 2021, court documents revealed the work of anti-piracy group BREIN against pirate IPTV seller GoFastIPTV.eu, a platform that offered movies, TV shows and live streams of pay TV channels, plus more than 85,000 on-demand titles. BREIN believes that this platform was the largest seller of IPTV subscriptions in the Netherlands and as a result went to great lengths in an effort to identify its operators.

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Benefits of and Best Practices for Protecting Artificial Intelligence and Machine Learning Inventions as Trade Secrets

JD Supra Law

We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform can be patented. Under what circumstances, however, is it best to keep at least a portion of the platform a trade secret? And what are some best practices for protecting trade secrets? In this post, we explore important considerations and essential business practices to keep in mind when working to protect the value of trade secrets specific to AI/ML platforms, as well as the pros and cons of

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Patent Filings Roundup: End-of-Month Filing Spike; IP Val Sues Smart Thermostat Cos.

IP Watchdog

Last week included the end of January, which meant district court filings spiked as they usually do at the end of the month, with 92 new patent filings, and plenty of terminations (66). Patent Trial and Appeal Board (PTAB) challenges (41) were propped up by filings between Ericsson and Apple in their large-scale 5G dispute, Samsung challenging an entire portfolio, it seems, on some assets owned by a subsidiary of the perennial file-and-settle consort IP Edge (which seems to be getting big eyes a

IP 116
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LifeLock Identity Theft Protection Policy May Cover Theft of Cryptocurrency Assets–Atwal v. LifeLock

Technology & Marketing Law Blog

This is a lawsuit against LifeLock. In August or September of 2018, Atwal allegedly lost approximately $12 million worth of cryptocurrency because a third party misappropriated his credentials. A few months prior, Atwal had subscribed to a LifeLock “ Ultimate Plus ” identify theft protection policy. Atwal now seeks coverage from LifeLock for his loss.

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Pirate IPTV Operator Ordered to Pay $231,000 in Damages

TorrentFreak

When it comes to anti-piracy investigations and prosecutions, Sweden is perhaps best well known for its work against The Pirate Bay but over the past few years a new threat has emerged. With torrent sites remaining fairly popular, Swedish authorities have also been attempting to disrupt the pirate IPTV subscription market, services that allow users to access premium live TV channels (plus movies and TV shows) at a fraction of the official market rate.

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The (forgotten) moral rights in the age of AI

Kluwer Copyright Blog

Debate on AI and IP continues. Copyright and Artificial Intelligence (AI) or, more specifically, Machine Learning (ML) has become a hotly debated topic. It has attracted attention not only among academics but also increasingly among policy makers. The US government ran a consultation on AI and IP a few years ago. The UK government has just finished another round of consultations, this time focusing on AI and copyright, and with a specific goal to initiate legislative reform soon.

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Other Barks & Bites for Friday, February 11: CAFC Denies Rehearing in Skinny Label Case; WIPO Reports 2021 PCT Filing Statistics, Judge Newman Dissents from NARCAN Patent Invalidity Ruling

IP Watchdog

This week in Other Barks & Bites: the The Federal Circuit denies rehearing in Teva's case with GlaxoSmithKline’s regarding Teva's induced infringement of a GSK patent directed to a method of treating Congestive Heart Failure; the Eleventh Circuit affirms that press release statements regarding patent licensing and other business activities by Revolutionary Concepts included false statements violating federal securities law; the World Intellectual Property Organization reports that nearly 55

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 5, Issue 2 [Submit by March 27]

SpicyIP

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume V, Issue II). The last date for submissions is March 27, 2022. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.

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Member of Scene Piracy Group SPARKS Gets 22-Month Prison Sentence

TorrentFreak

For several decades, The Scene has been the main source of all pirated content made available on the Internet. Technically, release groups operate in a closed ecosystem, but the reality is different. The vast majority of the files published on private Scene servers eventually find their way to public pirate sites. The SPARKS Bust. The secretive nature of the Scene has been a major challenge for law enforcement but last summer the US Department of Justice had a major breakthrough.

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