Sat.Mar 25, 2023 - Fri.Mar 31, 2023

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Why the Internet Archive Lost

Plagiarism Today

On Friday, a judge ruled in favor of the publishers against the Internet Archive. Here's why the Internet Archive lost that case. The post Why the Internet Archive Lost appeared first on Plagiarism Today.

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How Do You Pronounce a Trademark?

Erik K Pelton

While there is no correct way to pronounce a trademark according to USPTO guidelines, sound and possible pronunciations are important considerations to make when developing a brand. Erik explains more in this podcast. The post How Do You Pronounce a Trademark? appeared first on Erik M Pelton & Associates, PLLC. While there is no correct way to pronounce a trademark according to USPTO guidelines, sound and possible pronunciations are important considerations to make when developing a brand.

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Z-Library Raises Tens of Thousands of Dollars to Keep its Pirate Library Running

TorrentFreak

Z-Library has become the go-to site for many readers in recent years by providing access to millions of books, for free. The site’s continued ability to do so was put to the test late last year when U.S. law enforcement seized over 200 domain names connected to the site. Two alleged Z-Library operators were arrested as part of a criminal investigation.

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Indigenous Art Under Licence: One Solution to the Problem of Theft of Indigenous Cultural Expression and Trade in Fake Indigenous Art (And WIPO is Working on Others)

Hugh Stephens Blog

Last fall I wrote about the ongoing problem of trade in fake Indigenous art. This applies to many genres and communities but is a particular problem in the Pacific Northwest, where I live, because of the richness of the art forms and their popularity among the public.

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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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5 Easy Mistakes Made by Filers at the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board has received it's 400th case. However, common mistakes are keeping a lot of cases from being heard. The post 5 Easy Mistakes Made by Filers at the Copyright Claims Board appeared first on Plagiarism Today.

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What is a Trademark Registration “Presentation Copy”?

Erik K Pelton

The following is an edited transcript of my video What is a Presentation Copy of a Trademark Registration? One of the recent changes at the USPTO in 2022 was the transition to electronic registration certificates. For any trademark that now becomes registered, the recipient automatically receives an electronic version of the registration certificate, and the USPTO no longer mails out a physical copy.

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Twitter Hunts Down Github User Who Leaked Company’s Source Code

TorrentFreak

On February 21, 2023, Twitter chief Elon Musk published a tweet suggesting that Twitter’s algorithm would be “ made open source ” before the end of that month. Before he took ownership of Twitter, Musk said that having the code out in the open would be a smart move, but the end of February came and went, without any code appearing in public.

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The Birth, Death and Legacy of Alan Smithee

Plagiarism Today

The name Alan Smithee is one of the most infamous in Hollywood and, for a man who doesn't exist, he has a long and storied history. The post The Birth, Death and Legacy of Alan Smithee appeared first on Plagiarism Today.

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Industry, NGOs Spar Over Need to Extend TRIPS COVID IP Waiver at ITC Hearing

IP Watchdog

The International Trade Commission (ITC) conducted an all-day hearing today featuring a range of stakeholders with interests in the World Trade Organization’s (WTO) pending decision on extending what has come to be known as the TRIPS [Agreement on Trade-Related Aspects of Intellectual Property Rights] waiver from strictly COVID-19 vaccine technologies to COVID-19 related therapeutics and diagnostics.

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Taking fear out of innovation

McKinsey Operations

The risk and ambiguity inherent in innovation can make employees shy away from it. Creating an innovation culture where risk-taking is embraced must start at the top.

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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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Internet Archive is Liable for Copyright Infringement, Court Rules

TorrentFreak

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library is operated by a non-profit organization that scans physical books and then lends the digital copies to patrons in an ebook format. While ‘digital’ book lending is not uncommon, libraries typically loan out DRM-protected files after acquiring a license from publishers.

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3 Count: Victorious Gambino

Plagiarism Today

The Internet Archive loses case against book publishers, Childish Gambino wins the This is America lawsuit and more. The post 3 Count: Victorious Gambino appeared first on Plagiarism Today.

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China Gains on Top Filers at European Patent Office

IP Watchdog

U.S. companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. The index showed that U.S. patent applications numbered 48,088, a 2.9% increase from 2021. However, China's filings jumped by 15.1% over 2021, keeping it in fourth place out of the top five countries of origin for applications and narrowing the gap between it and Japan, the number three filer.

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The next frontier of customer engagement: AI-enabled customer service

McKinsey Operations

AI-enabled customer service is now the quickest and most effective route for institutions to deliver personalized, proactive experiences that drive customer engagement.

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Major Publishers Mull Legal Action Against Pirate Ebook Platform

TorrentFreak

There’s something special about professionally produced textbooks. From the information inside to the tactile feel of the paper, textbooks can be items of beauty. Unfortunately, reality rains on the parade more than just a little. Textbooks are bulky, woefully underpowered for mass research purposes, and then suddenly out date for any number of reasons.

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3 Count: Not the Rock

Plagiarism Today

Movie/TV studios reach settlement in pirate site case, Chinese authorities shutter anime site and GTA 6 leaks result in copyright notices. The post 3 Count: Not the Rock appeared first on Plagiarism Today.

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After hiQ Labs, Is Scraping Public Data Legal? (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Last year, the most important case in the history of web scraping— hiQ Labs, Inc. v. LinkedIn Corp. —settled. After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs.

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Space: The missing element of your strategy

McKinsey Operations

The space sector is at an inflection point similar to what commercial air travel experienced after World War II and the internet saw in the 1990s. Is your company ready to capture the opportunity?

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Meta’s Anti-Piracy Deal: How Facebook & Broadcasters Kill Live Pirate Streams

TorrentFreak

For reasons that make absolutely no sense while somehow making perfect sense, millions of internet users think that social media platforms are perfect for piracy. Social media platforms like Facebook are admittedly quick and easy, but such positives are quickly overwhelmed by extraordinary privacy issues, not to mention centralized control. Nevertheless, the masses love quick and easy so in common with similar platforms everywhere, social media has a piracy problem.

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3 Count: Dead Doll

Plagiarism Today

Judge sides with photog in case against Deadly Doll, Mediaset signs anti-piracy partnership with Meta and Art Basel targets NFT knockoffs. The post 3 Count: Dead Doll appeared first on Plagiarism Today.

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A Dog’s Day in Court: Implications of the ‘Bad Spaniels’ Arguments on Parody Determinations and Noncommercial Use

IP Watchdog

Following the Supreme Court oral arguments in Jack Daniel’s Properties, Inc. v. VIP Products LLC last week, I was reminded of an article I penned years ago for Cardozo Arts & Entertainment Law Journal exploring the boundaries of parodies when up against allegations of trademark infringement and dilution. That article observed: "Many of the trademark parody cases do not spend time analyzing what a parody is.

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SpicyIP Tidbit: Delhi High Court says Registration of a Design can be Prima Facie Proof of Validity.

SpicyIP

Image from here On March 14, 2023, in Sirona Hygiene Private Limited Vs Amazon Seller Services Private Ltd , the Delhi High Court provided three interesting points on the issue of design infringement and piracy, in the context of an equally interesting fact scenario! The plaintiff claims that the registered design of a disposable female urination device titled “Pee Buddy” has been infringed by defendant who allegedly manufactures and sells identical devices under the name “Namyaa”.

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Sony Music Has Serious Concerns About AI-Synthesized Vocals

TorrentFreak

Artificial intelligence has the potential to make our lives more efficient, entertaining, and productive. There are potential downsides as well. From a copyright perspective, AI brings up some interesting questions. For example, can content created by an AI be copyrighted ? And can an AI be trained on copyrighted works without limitation? Before ChatGPT and other AI tools started to dominate the news, the music industry had already shared its concerns over the potential threats posed to its busi

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The Bizarre Battle Over Dark and Darker

Plagiarism Today

A battle between two South Korean video game developers has been going on for nearly two years and has taken some very wild turns. The post The Bizarre Battle Over Dark and Darker appeared first on Plagiarism Today.

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5 Quick Tips about Annual Reports in Puerto Rico

Cogency Global

What this is : In Puerto Rico, filing an annual report is a legal requirement for corporations and limited liability companies (LLCs) to maintain compliance with the government and keep their status in good standing. What this means : The annual report provides the Puerto Rico Department of State with important information about the entity, such as its name, registered agent and financial data.

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U.S. Government Sides with Teva in Skinny Label SCOTUS Fight

IP Watchdog

The U.S. Solicitor General on Wednesday filed an amicus brief with the United States Supreme Court advising it to grant Teva Pharmaceuticals’ petition for writ of certiorari relating to generic manufacturers’ liability for infringement through the use of “skinny labels” on generic drugs. The SG’s brief said that the U.S. Court of Appeals for the Federal Circuit (CAFC) got it wrong, and that the decision could upend the careful balance contemplated by the Hatch-Waxman Amendments between incentivi

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CD Projekt’s Legal Pressure Pushes GOG-Games to The Dark Web

TorrentFreak

As the creator of The Witcher series and Cyberpunk 2077, game developer CD Projekt won the hearts of millions of gamers. The Polish company also scored points when it spoke out against DRM on numerous occasions, including the ‘FCKDRM’ campaign promoted by its game distribution service GOG. The anti-DRM stance is laudable but also has its drawbacks.

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3 Count: 138% Raise

Plagiarism Today

BMI wins a major victory at rate court, Nigeria gets a new copyright act and Kick streamers flout copyright law. The post 3 Count: 138% Raise appeared first on Plagiarism Today.

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U.S. Copyright Office Launches New Artificial Intelligence Initiative

JD Supra Law

The U.S. Copyright Office published new guidance on the registration of works containing artificial intelligence ("AI")-generated material and announced public roundtables on the intersection of AI and copyright.

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Fulfilling the potential of US higher education

McKinsey Operations

With bold, decisive action, the US higher education sector could expand its impact, deliver on its promise of more-equitable outcomes, and improve the nation’s economic competitiveness.

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MPA and RIAA Megaupload Lawsuits Are Now ‘Inactive’

TorrentFreak

More than a decade has passed since Kim Dotcom’s file-storage empire Megaupload collapsed after becoming the prime target in a high-profile law enforcement operation. The U.S. Government booked an early result in 2015 when programmer Andrus Nomm was handed a one-year prison sentence following a plea deal. The case lit up again last year when two of the three remaining defendants, Mathias Ortmann and Bram van der Kolk, signed an agreement to be charged in New Zealand and avoid extradition t

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Third Circuit follows Second in protecting medical journals against trade libel claims

43(B)log

Pacira Biosciences, Inc. v. American Soc’y of Anesthesiologists, Inc., F.4th -, 2023 WL 2621131, No. 22-1411 (3d Cir. Mar. 24, 2023) Courts in particular kinds of false advertising cases say that scientific claims are not falsifiable, even as the majority of workaday false advertising claims involving scientific fact are (correctly) treated as falsifiable.

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SpicyIP Tidbit: Additional Records Allowed Before Framing of the Issues Says the Delhi High Court

SpicyIP

Image from here Recently, on 6th March 2023, in Bennett Coleman & Co. vs ARG Outlier Media Pvt Ltd , a case concerning trademark infringement the Delhi High Court allowed the application for placing additional documents on records. But what makes this case worth tidbit- ing is the court’s open remarks and clarifications on adding new documents on record.

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Adding Another Axis to the Qualification Matrix—Products

Christopher Roser

In my last two posts I talked about the qualification matrix, where you match the skills of your people to the skills needed for your business. This can be expanded with another axis, as for example the skills needed for certain products. This connects your people to your products through skills. It is also more. Read more The post Adding Another Axis to the Qualification Matrix—Products first appeared on AllAboutLean.com.

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Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Technology & Marketing Law Blog

By guest blogger Elizabeth Townsend Gard , John E. Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Flores v. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v.

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