Sat.Feb 24, 2024 - Fri.Mar 01, 2024

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The Copyright Battle Over a Tarot Card Deck

Plagiarism Today

A case before the Copyright Claims Board tests the boundaries of public domain and artistic creativity when it comes to tarot cards. The post The Copyright Battle Over a Tarot Card Deck appeared first on Plagiarism Today.

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Why the Criminal Code and Human Rights Act Provisions Should Be Removed from the Online Harms Act

Michael Geist

Having a spent virtually the entire day yesterday talking with media and colleagues about Bill C-63, one thing has become increasingly clear: the Criminal Code and Human Rights Act provisions found in the Online Harms Act should be removed. In my initial post on the bill , I identified the provisions as one of three red flags, warning that they “ feature penalties that go as high as life in prison and open the door to a tidal wave of hate speech related complaints.

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“Perfect” Piracy Shield & Propaganda: Blocking Blunders Branded “Fake News”

TorrentFreak

Italy’s Piracy Shield blocking platform is the mechanism through which sports rightsholders exercise their right to use state-approved tools in their fight against IPTV piracy. In common with other systems in use around Europe, Piracy Shield acts on information provided by rightsholders. After identifying the target to be blocked, domain names and IP addresses are fed into the Piracy Shield system.

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A New Supreme Court Case Could Take a Toll on Copyright Trolls

JD Supra Law

We have seen a noticeable uptick in lawsuits commenced by “copyright trolls” in recent years, including against businesses in the manufacturing space. The Supreme Court is currently considering a case that could have a significant impact on the viability of typical copyright troll claims and, more broadly, the continued prevalence of copyright trolling.

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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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Columbia University DEI Head Accused of Plagiarism

Plagiarism Today

Another DEI head is facing allegations of plagiarism. This one targets Alade McKen, the head of DEI for Columbia University. The post Columbia University DEI Head Accused of Plagiarism appeared first on Plagiarism Today.

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Federal Circuit Weighs in on Temporal Rigidity of the Baye-Dole Act’s Licensing Provisions

Intellectual Property Law Blog

In University of South Florida Board of Trustees v. United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. Specifically, where a recipient of federal funds subcontracts out work to be performed using those federal funds and the subcontractor reduces an invention to practice, the Government’s license rights can be triggered by that reduction to pr

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25 Ways to Avoid Trademark Scams

Erik K Pelton

Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com. The post 25 Ways to Avoid Trademark Scams appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com.

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The Bizarre IP History of Clue/Cluedo

Plagiarism Today

Clue/Cluedo is a timeless game that is nearly 75 years old. However, the IP history behind it is a sad but familiar tale of a creator missing out. The post The Bizarre IP History of Clue/Cluedo appeared first on Plagiarism Today.

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Federal Circuit Rules on when the Patent Trial and Appeal Board is Engaging in Erroneous Claim Construction

Intellectual Property Law Blog

EcoFactor, Inc. is the holder of U.S. Patent No. 8,498,753, titled “System, Method and Apparatus for Just-In-Time Conditioning Using a Thermostat,” which focuses on optimizing climate control systems, particularly HVAC systems, in residential and commercial buildings. The patented technology utilizes a thermostat that considers external weather conditions and the thermal characteristics of individual structures to dynamically adjust temperature settings, aiming to improve energy efficiency and c

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ISPs Request Records to Show How Piracy Fight Blocked Legitimate Sites

TorrentFreak

When attempting to block pirated content online, there is always a significant risk that legitimate content will be blocked too. Proponents of a tough new law in Italy that granted significant powers to rapidly block sites, waved away such concerns last year. However, after less than a month in full operation, the Piracy Shield system made its biggest blunder thus far last Saturday.

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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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Trademark Lessons from The Bear

Erik K Pelton

The following is an edited transcript of my video Trademark Lessons from The Bear. The Bear is a great television show about a restaurant—specifically building out a restaurant—and my family is in the restaurant business, so it hits close to home for me. Here’s a few trademark lessons that we can learn from The Bear. In the restaurant industry, there’s always some emergency, something going wrong.

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Why Using AI for Research Papers is a Bad Idea

Plagiarism Today

A recent study from Indiana University highlights why using AI in academic publishing is a very, very bad idea. The post Why Using AI for Research Papers is a Bad Idea appeared first on Plagiarism Today.

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Federal Circuit Concluded that Operating Manuals Subject to Confidentiality Restrictions are Prior Art Printed Publication

Intellectual Property Law Blog

In Weber, Inc. v. Provisur Techs., Inc., Nos. 2022-1751, 2022-1813 (Fed. Cir. Feb. 8, 2024) , the Federal Circuit reversed the Patent Trial and Appeal Board’s legal conclusion that Weber’s operating manuals were not prior art printed publications based on the public accessibility of the operating manuals. Background In response to an infringement case filed by Provisur, Weber filed two inter partes review (“IPR”) petitions to invalidate two patents owned by Provisur, based on Weber’s operating m

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The Law Bytes Podcast, Episode 193: The Online Harms Act is Nearly Here – A Backgrounder and Preview

Michael Geist

The government plans to introduce the Online Harms Act later today, bringing forward long-delayed legislation that will include new responsibilities and liabilities for Internet platforms alongside an extensive complaints and enforcement governance structure. What is likely to be Bill C-63 will focus on protecting children online and will be the most contentious of the government’s Internet regulation bills given the challenge of balancing safeguards with freedom of expression.

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YouTube Content ID Copyright Claims Increased 25% in a Year

TorrentFreak

To protect copyright holders, YouTube regularly removes, disables, or demonetizes videos that contain allegedly infringing content. For years, little was known about the scope of these copyright claims, but that changed two years ago when the streaming platform published its first-ever transparency report. These reports, which were initially published as pdf files, showed that roughly 99% of all copyright claims on YouTube are handled through the Content ID system.

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3 Count: Piling On

Plagiarism Today

More news organizations sue OpenAI, Donna Summer estate sues Ye and advertisers create new system to block pirate sites. The post 3 Count: Piling On appeared first on Plagiarism Today.

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Making a Proper Determination of Obviousness

Patently-O

by Dennis Crouch Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. v.

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A Picture Is Worth a Thousand Words (and Potentially Thousands of Dollars in Statutory Damages)

JD Supra Law

In the time it took you to read this far, a new website was built (per Siteefy, a new site goes live every three seconds). More than 70% of all businesses have a website, and there are more than 600 million blogs on the internet. And every day, someone mindlessly adds a seemingly non-descript photo that they found on the internet to spruce up a post or page.

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Piracy Moghul Aniwatch Rebrands to HiAnime

TorrentFreak

Anime is growing globally as an entertainment category and this popularity surge isn’t limited to legal platforms. Today, several of the world’s largest pirate sites are exclusively dedicated to anime. This includes Aniwatch.to, the streaming portal that operated as Zoro.to earlier last year. The streaming portal, which is arguably the largest pirate site in the world, is a prime target for anti-piracy groups.

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3 Count: Underpaid Royalties

Plagiarism Today

Composers and publishers owed nearly $400 million, Japanese publishers to sue Cloudflare and Sony settles copyright termination case. The post 3 Count: Underpaid Royalties appeared first on Plagiarism Today.

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It’s Fair Use Week again, but the party’s over.

The Illusion of More

Thus ends the 12th Annual Fair Use Week, and after the Warhol decision, it must be asked whether the parties who invented this holy week of the copyleft intend to continue the farce much longer. As a refresher, the fair use doctrine has been part of the U.S. Copyright Act since 1976 and a subject […] The post It’s Fair Use Week again, but the party’s over. appeared first on The Illusion of More.

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And Again, Abstract Ideas are Not Patentable!

The IP Law Blog

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. In In re Elbaum (Fed. Cir. 12/20/2023) 2023 U.S. App. LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea.

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Pirate Sites With Malicious Ads Face Restrictions Under New Initiative

TorrentFreak

There was a time when visiting a pirate site was much like visiting any other. Keen to attract eyeballs wherever they might be, many of the world’s biggest brands exchanged cold hard cash for an appearance on prominent pirate portals. Over time and as the thorny issue of funding illicit platforms gained traction, companies including Ford, Toyota, Nissan, Mazda and Volvo came under increasing pressure.

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3 Count: AI Hacker

Plagiarism Today

OpenAI accuses New York Times of hacking, Amazon dues over Road House remake and Nintendo sues makers of Yuzu emulator. The post 3 Count: AI Hacker appeared first on Plagiarism Today.

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Guest Post: Sony fails in strike out claim against Hendrix bandmates

The IPKat

This guest post is provided by Monica Thornell and Jonathan Coote of Bray & Krais: “There's too much confusion, I can't get no relief” – Sony fails in strike out claim against Hendrix bandmates at English High Court “Soon enough time will tell…” A claim regarding the copyright and performers’ rights in iconic recordings made by The Jimi Hendrix Experience (“JHE”) is going to trial after the English High Court dismissed an application for strike out/summary judgment at the end of January.

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Announcing the SpicyIP Inaugural Doctoral Fellow!

SpicyIP

Malobika Sen Our readers would have noticed that since November 2023, we have been publishing hard hitting, incisive posts by our fantastic two new SpicyIP Fellows Yogesh Byadwal and Tejaswini Kaushal. Yogesh is a second year student from the National Law School of India University, Bengaluru and Tejaswini is a third year student from Dr. Ram Manohar Lohiya National Law University, Lucknow.

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Nintendo’s Yuzu Lawsuit Aims to Pour Banana Peels Over All Emulators

TorrentFreak

It’s not uncommon for people to wander into some corner of the overall emulation scene with a specific question: Are emulators legal? While not necessarily true, the most common answer is: yes, emulators are completely legal but distributing the games (ROMs) is most definitely not, so don’t request them here. In response to questions from those interested in the DIY approach, gamers are often advised to rip only the games they actually own, or only download games they intend to rip,

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An Update on AI and Patent Practice at the USPTO and Abroad

JD Supra Law

Over the last several months, the United States Patent and Trademark Office (“USPTO”) publicized its attention to the impact of artificial intelligence on U.S. patent practice. On February 6, 2024, the USPTO issued its guidance document (“Board Memo,” available here) related to the potential use of AI in legal proceedings before the Patent Trial and Appeal Board and the Trademark Trial and Appeal Board (collectively, “the Board”).

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Internet Archive Introduces “Rice Krispies” Defense in Copyright Case

The Illusion of More

When Internet Archive lost resoundingly in the Hachette (book publishers) case, the court rejected its cockamamie legal theory called controlled digital lending (CDL). Then, when a group of record labels (UMG et al.) filed suit against IA for infringing reproduction, distribution, and performance of sound recordings, I wrote at the time that there’s no way […] The post Internet Archive Introduces “Rice Krispies” Defense in Copyright Case appeared first on The Illusion of More.

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Patent – a shield for modern biotechnology

Biswajit Sarkar Copyright Blog

Biotechnology-the word suggests that this is biological advancement based on technology. The topic of interest is related to both the cellular and molecular aspects of biological objects. Biotechnological advancements have strong implications in the pharmaceutical and food industries as well as in genetic modifications in animals, microorganisms, and plants.

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Hollywood Used ‘Dynamic+ Injunction’ to Shut Down movie-web and Other Pirate Sites

TorrentFreak

This weekend, we reported that the open source movie search app movie-web lost control over the domain name of its demo site. Registrar Namecheap suspended the domain following a complaint from several major Hollywood studios and Netflix. Initially, broader context was missing but new information suggests that an Indian order lies at the basis of this intervention.

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Infographic | IP on wheels

Olartemoure Blog

There is no accurate knowledge on when the first wheelchair was created, but some stone inscriptions from Ancient China and Greece suggest wheelchair-type furniture, and it is known that an inventor created for King Philip of Spain around 1595 a chair with four small wheels so he could be pushed around by his servants as he suffered from severe gout.

IP 105
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Brazilian Lawmaker Introduces Bill to Allow AI as Inventor

IP Watchdog

On February 20, 2024, a Brazilian congress member, Antônio Luiz Rodrigues Mano Júnior (known as Júnior Mano), introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems. Bill #303/2024 proposes the addition of a paragraph to Article 6 of the IP Statute, which regulates ownership of inventions, with the following wording: “in the case of inventions autonomously generated by artificial intelligence system

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IP Strategy Co. Seeks Sanctions For Suit Over Patent Deal

IP Law 360

Intellectual property strategy and transactions company Transpacific IP has asked the Delaware Chancery Court to sanction Slingshot Technologies LLC more than $400,000 for making "fabricated allegations" in a failed lawsuit over Transpacific's sale of Orange SA network patents.

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‘Movie-Web’ Domain Shut Down By Hollywood Complaint

TorrentFreak

In recent months, Movie-Web has quickly gained popularity among a particular group of movie aficionados. The open source software, which is still available on GitHub, allows anyone to set up a movie search engine capable of streaming content from third-party sources. These external sources tend to have large libraries of pirated entertainment. Like Google Movie-Web’s developers are not oblivious to the legal ramifications but since they don’t host any files, they hoped to avoid legal

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