Sat.Nov 13, 2021 - Fri.Nov 19, 2021

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The Streamlabs (SLOBS) Plagiarism Scandal

Plagiarism Today

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.

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Why is New Zealand’s National Library Declaring War on Authors??

Hugh Stephens Blog

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??

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50 Different Ways to Use A Trademark

Erik K Pelton

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.

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“The NFT Bay” Shares Multi-Terabyte Archive of ‘Pirated’ NFTs

TorrentFreak

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.

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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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Facebook’s Plagiarism Problems Are Deeper Than You Realize

Plagiarism Today

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.

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SAS v. WPL Litigation is of Great Importance to the Smallest Creators

The Illusion of More

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 […].

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Miramax Sues Tarantino for Copyright Infringement Over “Pulp Fiction” NFT Sale

TorrentFreak

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.

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3 Count: Grand Theft Mods

Plagiarism Today

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.

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Tarantino Pulp Fiction Dispute Spotlights the Contentious Relationship between NFTS and IP Rights

IP Watchdog

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.

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When Sending a Cease and Desist Letter Establishes Personal Jurisdiction

JD Supra Law

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.

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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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GTA Modders to Court: Our Game Fixes & Enhancements Are Fair Use, Not Piracy

TorrentFreak

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.

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3 Count: Right to Repair

Plagiarism Today

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.

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B.E. Technology Dubs IPR Process a ‘Kafkaesque Nightmare’ in Mandamus Petition to CAFC

IP Watchdog

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

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Could Banksy Sue Christopher Walken Over Destroyed Artwork?

Copyright Lately

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.

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Piracy Release Group EVO ‘Blames’ Movie Industry For Its Popularity

TorrentFreak

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.

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3 Count: Pulp NFT

Plagiarism Today

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.

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Final Rule Implementing Trademark Modernization Act Will Soon Allow USPTO to Crack Down on Fraudulent Filings from China

IP Watchdog

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.

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Another Online Account Termination Case Fails–King v. Facebook

Technology & Marketing Law Blog

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.

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Applinked: Cyber Threat Researcher Reveals What’s Inside The Latest Update

TorrentFreak

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.

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Aaj Tak v. Newslaundry: Assessing the Fair Dealing Question

SpicyIP

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.

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CAFC Vacates TTAB Finding of No Fraud on the USPTO, Citing Two Legal Errors

IP Watchdog

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.

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Almirall, LLC v. Torrent Pharms., Ltd.

JD Supra Law

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”).

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YouTubers Who Uploaded Movie Edits Receive Suspended Prison Sentences

TorrentFreak

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.

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Sounds, Colors, Scents, and Other Nontraditional Trademarks

Erik K Pelton

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!

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Patent Infringement, Antitrust, and the Discovery Rule

IP Watchdog

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).

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Playing with Piracy: Roblox Settles $200M Music Copyright Lawsuit

IPilogue

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.

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UK Court Hands Down Suspended Jail Sentence to eBay Seller of Pirate IPTV Boxes

TorrentFreak

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.

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CVC Files Motion to Exclude Evidence, ToolGen Opposes, and CVC Replies in Interference No. 106,126

JD Supra Law

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.

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Iancu, Locke and Kappos Slam Biden Administration’s Support for COVID IP Waiver in New White Paper

IP Watchdog

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.

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Digital MNEs and Taxation: Challenges for the OECD?

IPilogue

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?

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SPARKS Piracy Bust: Extradited Brit Pleads Guilty to Criminal Copyright Infringement

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. 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.

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Global Payments Newsletter, November 2021

JD Supra Law

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.

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Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

IP Watchdog

“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.

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Understanding Assignment of Copyright

Kashishipr

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.

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CANAL+ Sends Preemptive Takedown Notice to Pirate Sites Ahead of TV-Show Premiere

TorrentFreak

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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