Sat.Feb 10, 2024 - Fri.Feb 16, 2024

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Why is There So Much Plagiarism Right Now?

Plagiarism Today

Plagiarism has been in the headlines more than ever before, but why does it feel like people are finding plagiarism everywhere they look? The post Why is There So Much Plagiarism Right Now? appeared first on Plagiarism Today.

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The House of Cards Crumbles: Why the Bell Media Layoffs and Government’s Failed Media Policy are Connected

Michael Geist

Bell’s announcement this week that it is laying off thousands of workers – including nearly 500 Bell Media employees – has sparked political outrage with Prime Minister Justin Trudeau characterizing it as a “garbage decision.” The job losses are obviously brutal for those directly affected and it would be silly to claim that a single policy response was responsible.

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Court Dismisses Authors’ Copyright Infringement Claims Against OpenAI

TorrentFreak

In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and even the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. Several of the lawsuits filed by book authors include a piracy component.

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AI-Assisted Inventions: Are They Patentable? Who is the Inventor?

Intellectual Property Law Blog

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law. On February 13, 2024, the U.S. Patent and Trademark Office (USPTO) issued a long-anticipated Inventorship Guidance for AI-Assisted Inventions.

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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 New Copyright Claims Board Decisions

Plagiarism Today

The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.

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Bid to End Crown Copyright is Back: MP Brian Masse’s Bill C-374 Would Remove Copyright from Government Works

Michael Geist

Crown copyright, which grants the government exclusive copyright in any any work that is, or has been, prepared or published by or under the direction or control, has long been the focus on copyright and open government advocates who have called for its elimination. Under the current system of crown copyright that dates back for decades, government departments can use copyright to limit the publication or distribution of public works.

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Federal Circuit Rules on Inventor-as-Lexicographer Definitions and the Proper Scope of Reply and Sur-Reply Briefing Following Patent Owner Responses to IPR Institution Decisions

Intellectual Property Law Blog

ParkerVision, Inc., v. Katherin K. Vidal, Under Secretary of Commerce for IP and USPTO Director No. 2022-1548, (Fed. Cir. December 15, 2023) primarily involved three topics: (1) the type of language in a patent specification that “clearly expresses” that the inventor was acting as a lexicographer, i.e., redefining a term against the term’s plain and ordinary meaning, (2) the appropriate scope of a reply brief when a patent owner introduces a claim construction for the first time in the patent ow

Inventor 130
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3 Count: Out of The Box

Plagiarism Today

Roddy Rich beats lawsuit over The Box, Choreographer settles Fortnite case and MLC sues Pandora over allegedly unpaid royalties. The post 3 Count: Out of The Box appeared first on Plagiarism Today.

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25 Trademark Application Tips

Erik K Pelton

Celebrating our 25th year with 25 trademark application tips. Protect your brand with trademark registration and schedule a free initial consultation with one of our experienced attorneys: [link] The post 25 Trademark Application Tips appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with 25 trademark application tips.

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Pirate Site Blocking Boosts Legal Consumption, Research Finds

TorrentFreak

In recent years, website blocking has become one of the most widely-used anti-piracy enforcement mechanisms in the world. ISPs in several dozen countries prevent subscribers from accessing a variety of ‘pirate’ sites. New blocks are added every month and rightsholders are actively lobbying to expand the measure to the United States. While site blocking is by no means a panacea, copyright holders are convinced that it has a notable effect and have research to back this up.

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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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Federal Circuit Rebukes Attempt to Incorporate Arguments by Reference to a Related IPR Petition

Intellectual Property Law Blog

In Medronic, Inc. v. Teleflex Life Sciences Limited, 2022-1721, 2022-1722 (Fed. Cir. Nov. 16, 2023) , the Federal Circuit considered whether U.S. Patent RE46,116 (“the ’116 patent”) was entitled to an alleged priority date sufficient to moot Medtronic’s asserted pre-AIA §102(e) prior art reference, which depended on whether Medtronic had waived its challenged to Teleflex’s asserted priority date by attempting to incorporate those arguments by reference in its Inter Partes Review (“IPR”) petition

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3 Count: Hidden Piracy

Plagiarism Today

OpenAI gets courtroom victory, Travis Scott sued over unlicensed samples and Apple removes sneaky piracy app from app store. The post 3 Count: Hidden Piracy appeared first on Plagiarism Today.

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Moffatt v. Air Canada: A Misrepresentation by an AI Chatbot

Barry Sookman

The recent decision in Moffatt v. Air Canada , 2024 BCCRT 149, represents a milestone in the expanding field of digital interactions and accountability. The case grapples with whether a company can be held liable for misleading information provided by an automated chatbot on its website. The decision held that a company can be liable for negligent misrepresentations made by a chatbot on a publicly available commercial website.

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Apple’s App Store is Riddled With Popular Piracy Brands

TorrentFreak

Apple is known to have a rigorous app-review policy that aims to keep piracy at bay. In the past, several BitTorrent apps have been rejected from the App Store , for example. Despite these efforts, problematic apps slip through the cracks occasionally. We’ve seen piracy apps disguised as other tools getting approval and a recent report from The Verge shows that this trick still works today.

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Federal Circuit Rules on Written Description Requirement and Prior Art Statements Supporting a Motivation to Combine

Intellectual Property Law Blog

RAI Strategic Holdings, Inc. v. Phillip Morris Products S.A. , No. 2022-1862 (Fed. Cir. February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection.

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Traditional Knowledge on the agenda for 2024

The IPKat

From a long-awaited WIPO Diplomatic Conference , to the debates about the Traditional Knowledge Bill in India, and the release of new guidelines on the use of traditional knowledge in Australia, this year may prove the busiest yet for the relationship between intellectual property and traditional knowledge. This Big Kat is thinking about the big issues for IP in the coming year.

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Joint Inventorship: AI-Human Style

Patently-O

by Dennis Crouch The U.S. Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. The key takeaway here is that the USPTO believes that an AI-developed invention is patentable so long as a human satisfies the joint-inventorship standard of “significantly contributing to the inve

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Piracy Shield IPTV Blocks Reportedly Hit Zenlayer CDN’s Innocent Customers

TorrentFreak

There’s no shortage of reasonable arguments that support the existence of a comprehensive anti-piracy system in Italy, capable of returning revenue to broadcasters, local football clubs, and rightsholders in general. On the other side of the debate, consumers of pirate IPTV services argue that a virtual monopoly, in which competition isn’t allowed to exist, is the very reason pirate IPTV services became so popular in the first place.

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TTABlog Test: Is MENSTRUATION CRUSTACEON Merely Descriptive of Microwavable Heating Pads?

The TTABlog

The USPTO refused to register the proposed mark MENSTRUATION CRUSTACEON for "Microwavable heating pads not for medical purposes," finding the mark to be primarily merely descriptive under Section 2(e)(1). Applicant argued, among other things, that "the rhyming, incongruous qualities of MENSTRUATION CRUSTACEAN" and its "humorous, rhyming cadence". "captures the consumer’s attention and identifies Applicant as the source of the goods.

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The Legal Future of Tattoos: A Jury Rules Against Copyright Infringement

JD Supra Law

A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D did not dispute that she used Sedlik’s photo as a reference for a tattoo she performed on a friend. The jury decided that Kat Von D’s inked rendering of the jazz artist was not substantially similar to Sedlik’s portrait, and Sedlik’s portrait in social media posts was covered.

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Community Partner Spotlight: The Ella Project

Copyright Alliance

Today, we turn the spotlight over to one of our community partners, The Ella Project. They are dedicated to providing “pro bono legal assistance, arts business services, and advocacy to […] The post Community Partner Spotlight: The Ella Project appeared first on Copyright Alliance.

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Cloud TV Service Boss Sentenced to 3 Years Prison Plus $505,000 Damages

TorrentFreak

Given the ongoing shift in the TV market away from terrestrial and satellite delivery in favor of IP-based services, cloud recording services are no longer the big deal they once were. When TVkaista launched in Finland way back in 2007, storing video in the cloud certainly wasn’t taken for granted as it is now. The service came with a program guide and allowed users to record and store TV shows from 15 local channels.

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The Advantages of Utilizing a Good Entity Management System

Cogency Global

What this is : Entity management is the practice of keeping a n organization's core vital entity information in a system that serves as a single source of truth to manage ownership, management, formation, governance, compliance and other critical matters. What this means : S trong protocols and best practices on how the core vital entity information is managed for your organization by usin g an entity management system will support key governance and compliance requirements during the lifecycle

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Viral DRM on a copyright lawsuit rampage in California

JD Supra Law

Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California (where YouTube is located), and suing people from the United States and abroad. Their complaints typically allege copyright infringement by using their videos without a license.

Copyright 117
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Guest Book Review: Teaching Intellectual Property Law

The IPKat

This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University. This review is kindly provided by Thorsten Lauterbach, Teaching Excellence Fellow at the Robert Gordon University in Aberdeen, passionate about IP Law sinc

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Google: Piracy Shield Has Legal Limits, Anti-Piracy Chief: Think Ethics, Do More

TorrentFreak

While anti-piracy enforcement actions are likely to be at the highest level ever seen, there’s no shortage of sites and services surging to millions of monthly visits before appearing to attract negative attention. Piracy services slipping through the net may not have actually done so completely unnoticed, however. Finite anti-piracy resources or strategy may play a role in services staying online, and not every platform warrants immediate attention.

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Retweeting as Copyright Infringement–Prepared Food Photos v. Chicken Joe’s

Technology & Marketing Law Blog

The issue is, what is (the copyright implication of retweeting a photo of) chicken? ( head nod to Judge Friendly ). * * * The plaintiff licenses a photo database to grocery stores for $12k/yr. The case involves one of those photos, evocatively named “ChickenFried013.” Chicken Joe’s, an Albany NY-based restaurant “reposted” @WGNAFM’s post, which apparently included the photo in question, to its “social media” page.

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Trademark owners, beware: protecting your brand in the era of trademark scams

JD Supra Law

An important component of brand ownership is exercising vigilance against fraudulent practices, such as counterfeiting and trademark pirating. Trademark owners must now also be alert to fraudulent communications from seemingly legitimate trademark practitioners.

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SpicyIP Tidbit: Union Minister of State for Commerce and Industry clarifies Current IPR Regime Sufficient for AI Works Protection

SpicyIP

In response to a series of unstarred questions regarding copyright infringement by generative AI, directed towards the Minister of Commerce and Industry, Union Minister of State for Commerce and Industry, Shri. Som Parkash, the Minister clarified that the existing IPR regime is well-equipped to protect Artificial Intelligence (AI)-generated works, thus indicating no necessity to establish a separate category of rights.

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‘Pirate Site Blocking is a Privatized Paid Service in Egypt’

TorrentFreak

In recent years, rightsholders have repeatedly teamed up with Egyptian law enforcement to tackle several large pirate sites and services. The Alliance for Creativity and Entertainment (ACE) booked several successes, shutting down domains related to popular piracy rings , streaming portals such as MyCima and, more recently, Cima4U. Several of these actions took place in coordination with sports broadcaster beIN.

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BREAKING: USPTO Says AI-Assisted Invention Patents Hinge On Humans

IP Law 360

The U.S. Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution.

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NCAA Adopts Proposal for Stricter Name, Image, and Likeness Rules for Student-Athletes

JD Supra Law

On January 10, 2024, the National Collegiate Athletic Association’s (NCAA) Division I Council unanimously adopted a proposal for stricter student-athlete protections related to name, image, and likeness (NIL) rules.

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Universal Health Network v.  Adiuvo Diagnostics Private Limited: Clarity on Writ Jurisdiction against Orders from the IPO 

SpicyIP

On January 3, the Madras High Court passed an important decision clarifying the position on the jurisdiction of a court in hearing writ petitions against the Indian Patent Office’s order. Assessing this decision in light of the Delhi High Court’s judgement in Dr. Reddy’s Laboratories Limited & Anr v. The Controller of Patents , we are pleased to bring to you this post by Vishno Sudheendra.

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MPA & ACE Rack Up Over 3,000 Pirate Site Domain Seizures

TorrentFreak

The Alliance for Creativity and Entertainment regularly announces site closures following enforcement action. Over the past seven years, hundreds of sites have fallen, but the supply of new threats currently seems inexhaustible. The level of detail ACE makes available to the public varies, but it appears to be affected by several variables. Details of settlements are rare, as one might expect.

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USPTO Issues Guidance on Patentability of Inventions Developed with the Assistance of Artificial Intelligence

The IP Law Blog

On February 12, 2024, the United States Patent and Trademark Office (“USPTO”) issued guidance on the patentability of inventions developed with the assistance of artificial intelligence, saying that a human must have made a “significant contribution” to the invention. The USPTO explained that while AI-assisted inventions are not categorically unpatentable, the inventorship analysis should focus on human contributions, as patents function to incentivize and reward human ingenuity.

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