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Streamlabs, a company that provides software that enables livestreaming, has long been a somewhat controversial figure in the streaming marketplace. Their main product, Streamlabs OBS (often abbreviated to SLOBS) is built on top of the open-source application OBS it’s been accused of creating confusion by using such a similar name for a commercial product.
At first blush, one would think that a natural symbiotic link would exist between authors, publishers, librarians and readers. After all they are all part of what I could call the literature ecosystem, the chain of content that leads from the creation of a work to its dissemination to its consumption, either for entertainment or … Continue reading "Why is New Zealand’s National Library Declaring War on Authors??
The following is an edited transcript of my video, 50 Ways to Use Your Trademark. Clients ask all the time, “Now that I’ve got my trademark protected or registered, how do I use it? Where do I use it?” The answer is relatively straightforward. It’s everywhere, anywhere you want. There are many different places and ways to use your trademarks.
NFTs have been booming over the past year. People are willing to pay millions of dollars just to prove that they “own” a digital item that was worthless before. These digital entries, stored on a blockchain, allow the buyers to prove that they are legitimate owners. While it’s different from a copyright, NFTs owners are rightsholders in a sense.
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?
Back in September , I reported on Facebook’s Widely Viewed Content Report and how Casey Newton, a reporter at The Verge, noticed that nearly all the top posts on Facebook for the quarter were plagiarized. . This month, Newton is at it again and recently published an updated article that looks at the latest quarterly Widely Viewed Content Report. The findings, to put it mildly are not shocking.
Software companies SAS Institute of the U.S. and World Programming, Ltd. (WPL) of the UK have been litigants for more than a decade. By all accounts, WPL presents as a bad actor which lazily cloned SAS’s world-class analytics software. But before weighing the facts necessary to consider claims of IP infringement, the Federal Circuit Court […].
Often lurking outside the spotlight of EU IP law, Protected Geographical Indications (PGIs) and Protected Designations of Origin (PDOs) pose their distinctive set of legal requirements. When you add to this an application from a non-EU country, you get the following. This Kat got nostalgic Belarus has recently applied for “ Lidski kvass ” and “ Lidskoe pivo/Lidskae piva ” to be registered as PGIs in the EU.
Often lurking outside the spotlight of EU IP law, Protected Geographical Indications (PGIs) and Protected Designations of Origin (PDOs) pose their distinctive set of legal requirements. When you add to this an application from a non-EU country, you get the following. This Kat got nostalgic Belarus has recently applied for “ Lidski kvass ” and “ Lidskoe pivo/Lidskae piva ” to be registered as PGIs in the EU.
With the NFT craze reaching new heights, Quentin Tarantino finds himself at the receiving end of a copyright infringement battle. The director of movie classics such as Pulp Fiction and Kill Bill plans to sell NFTs to the public. These NFTs will unlock handwritten scripts and exclusive custom commentary from Tarantino, which could be worth millions of dollars.
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: ‘GTA’ Reverse-Engineer Modders Defend Projects as Under “Fair Use”. First off today, Will Nelson at NME reports that video game modders are fighting back against a lawsuit filed by Rockstar Games claiming that their fan-created mods are a fair use, not a copyright infringement.
Director Quentin Tarantino’s 1994 Pulp Fiction, considered among the most influential films in modern history, has emerged as a test case of sorts for issuing non-fungible tokens (NFTs) that relate to a copyright-protected work. The NFTs are being sold independent of Miramax, the producer and owner of the rights to the film, who says its ownership rights are being violated.
A patentee may establish “minimum contacts” in a forum, thus subjecting itself to specific personal jurisdiction, by sending a cease and desist letter to the forum. Precedent concerning this issue has been evolving. Previously, the Federal Circuit held in Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc. that the district court for the District of Minnesota did not have personal jurisdiction over the defendant (a Louisiana corporation with a principal place of business in New Mexico) because it.
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.
Earlier this year a group of programmers and Grand Theft Auto enthusiasts released ‘re3’ and ‘reVC’, a pair of reverse engineered modifications for GTA 3 and Vice City. The projects allowed fans to enjoy these dated games with significant enhancements and were a hit with fans. However, Take-Two and Rockstar Games took exception and responded with a DMCA takedown filed at Github to have the repositories removed.
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: US Copyright Office Expands Rights to Repair Software-Enabled Devices. First off today, Joshua Revilla at the National Law Review reports that the US Copyright Office has updated its regulations regarding consumers and repair shops breaking digital rights management (DRM) as part of fixing items they own.
B.E. Technology, a company owned by Martin David Hoyle, developer of internet advertising technology who has been embroiled in litigation with big tech companies like Facebook, Twitter and Google for close to a decade now, today filed a petition for writ of mandamus with the U.S. Court of Appeals for the Federal Circuit (CAFC). The petition asks the court to intervene to “prevent an unconstitutional deprivation of B.E.’s property rights in the onslaught of IPR proceedings that have been brought
Actor Christopher Walken painted over a Banksy original on “The Outlaws.” Could the street artist claim a violation of his moral rights? Actor Christopher Walken has a unique talent. He’s somehow able to come across as a total badass while at the same time looking like a nervous wreck. It’s quite a feat, which is why I think it would be so entertaining to watch him face off in a courtroom under cross examination by…wait for it…Banksy’s copyright lawyer.
Day in and day out, dozens of new movies and TV shows leak online. This is something most pirates simply take for granted. Only a few people know who the suppliers are. This secrecy is much needed, as members of release groups risk criminal prosecution and multi-year prison sentences. The Piracy Supply Chain. When we take a closer look at this supply chain there are broadly two groups.
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Miramax Hits Tarantino With Copyright Suit on ‘Pulp Fiction’ NFTs. First off today, Samantha Handler at Bloomberg Law reports that the film studio Mirimax has filed a copyright infringement lawsuit against director Quentin Tarantino over Tarantino’s plans to release of Non-Fungible Tokens (NFTs) related to the film Pulp Fiction.
The U.S. Patent and Trademark Office yesterday published a final rule implementing the Trademark Modernization Act of 2020 (TMA), which was signed into law as part of the Consolidated Appropriations Act of 2020 last year. The new regulations go into effect on December 18, 2021, except for the implementation of the shorter response period for office actions, which will go into effect on December 1, 2022.
The plaintiffs are Adrienne Sepaniak King and Christopher Edward Sepaniak King, a mother-son duo. The family that sues together stays together. Facebook terminated the mom’s account allegedly for violating Facebook’s community standards. Attempts to resurrect it were unsuccessful. The lawsuit includes claims for breach of contract, violation of Section 230, IIED, NIED, breach of implied covenant of good faith and fair dealing, and conversion.
Applinked is one of the apps/services that stepped in to fill the gap after the popular Filelinked tool was taken down by the Alliance for Creativity and Entertainment. The software, which already has hundreds of thousands of users, acts as an unofficial free marketplace for mainly piracy-focused apps, none of which are allowed on Google’s Play Store for exactly that reason.
Newslaundry Logo (Image from here ). In a recent post , Divij discussed the use of copyright infringement claims by Aaj Tak against the independent media platform, Newslaundry. The videos in relation to which the copyright claims were made contained clips from videos of Aaj Tak’s reporting and as per Newslaundry were used to critique Aaj Tak’s reporting on certain issues.
The U.S. Court of Appeals for the Federal Circuit (CAFC) on Friday, November 12, vacated and remanded a decision of the Trademark Trial and Appeal Board (TTAB) that had found Galperti S.r.l (Galperti-Italy) had not committed fraud on the U.S. Patent and Trademark Office (USPTO) in asserting that it had substantially exclusive use of the mark GALPERTI in the five years preceding its registration.
Case Name: Almirall, LLC v. Torrent Pharms., Ltd., Civ. No. 20-1373-LPS (D. Del. July 13, 2021) (Stark, J.) - Drug Product and Patent(s)-in-Suit: Aczone® Gel, 7.5% (Dapsone); U.S. Patent No. 9,517,219 (“the ’219 patent”).
In the summer we reported on an unusual situation in Japan where copyright holders felt that the rise of so-called ‘fast movies’ represented a threat to their business. ‘Fast movies’ are essentially heavily edited copies of feature-length films that tell the entire story in just a few minutes. However, unlike most official trailers they also tend to come with commentary, in addition to an abundance of spoilers.
Nontraditional trademarks are becoming more prevalent, and in this episode details the sounds, colors, scents, shapes, and other types. Did you realize that the pinstripes of the New York Yankees are a registered trademark? Nontraditional marks are one Erik’s favorite topics, with many interesting examples – watch for details about goats on a roof and marching ducks!
On September 20, 2021, Judge John Robert Blakey in the Northern District of Illinois issued an opinion in a Walker Process patent fraud antitrust case denying defendants’ motion for summary judgment on their statute of limitations defense. TCS John Huxley America, Inc. v. Scientific Games Corp., No. 1:19-cv-1846, 2021 WL 4264403 (N.D. Ill. Sept. 20, 2021).
Photo by Eric Krull ( Unsplash ). Natalie Bravo is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Roblox is an online free-to-play gaming platform where users can develop games and play online together. Its increasing popularity among teenagers and children, especially during the pandemic, has sparked multiple viral trends. Music has become a large component of Roblox, with artists like Lil Nas X hosting virtual concerts.
Online piracy exists in many shapes and forms. Torrent sites were dominant a decade ago, but these have long been eclipsed by streaming portals. In addition to pirate streaming sites that can be accessed through web browsers, dedicated streaming boxes have grown in popularity as well. These boxes can be easily connected to TVs for a relatively seamless experience, as long as they work. eBay IPTV Box Seller.
On September 17th, Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its Motion to Exclude certain evidence presented by Senior Party ToolGen Inc. in Interference No. 106,126. ToolGen filed its Opposition to CVC's motion on October 8th, and CVC filed its Reply on October 15th.
Former U.S. Patent and Trademark Office (USPTO) Directors Andrei Iancu and David Kappos, and former Secretary of Commerce Gary Locke, today released a White Paper calling the Biden Administration’s decision to support a waiver of intellectual property protections for COVID-19-related technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) “strategic folly.
Photo by Shahadat Rahman ( Unsplash ). Tiffany Wang is an IPilogue Writer, Intellectual Property Journal Editor, and a 2L JD Candidate at Osgoode Hall Law School. . . How do you tax new business models that sell goods and services, often digital in nature, in another country, without a physical presence in those countries, under existing tax laws?
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. Feds Bust SPARKS Group. 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.
Key developments of interest over the last month include: Nigeria: eNaira digital currency launched United Kingdom: PSR publishes final report on card-acquiring services market review United States: Federal Reserve launches tools and support in preparation for adoption of FedNow Service for instant payments in 2023.
“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. As an exception to the general law prohibiting copying others’ works, it permits copying for a limited and “transformative” purpose, such as commentary, criticism, teaching, news reporting, scholarship, or research.
Copyright is a bundle of rights and can be exploited in several ways independently from each other. Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights can be disjointedly assigned for a limited term or perpetually.
It’s commonly known that copyright holders regularly send takedown notices to pirate sites, asking the operators to remove pirated content. These notices are typically sent after pirated content appears online. However, the Polish branch of media giant CANAL+ is being a bit more proactive and is asking sites to prevent copies of a yet-to-be-released TV-show from being shared.
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