Sat.Feb 25, 2023 - Fri.Mar 03, 2023

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How Amazon is Punishing Victims of Piracy

Plagiarism Today

Authors have been reporting that Amazon has been pulling their books because of pirated copies that allegedly breaking an exclusivity clause. The post How Amazon is Punishing Victims of Piracy appeared first on Plagiarism Today.

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Trusting the Talent: Imagining a Future Without Noncompete Agreements

IP Watchdog

It’s getting pretty rough out there for employers who want to control their employees’ behavior. Think back to March 2020, when the pandemic was just beginning and we took a look at this new phenomenon of widespread remote work. We imagined managers wistfully recalling the Renaissance, when artisans could be imprisoned, or even threatened with death, to make sure they didn’t breach confidence.

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Why the Jonas Brothers Didn’t Plagiarize Supernatural

Plagiarism Today

The plagiarism allegations between fans of Supernatural and The Jonas Brothers are mostly a joke, except for those that took it serious. The post Why the Jonas Brothers Didn’t Plagiarize Supernatural appeared first on Plagiarism Today.

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State Sanctioned Piracy: Another Weapon in Russia’s Arsenal

Hugh Stephens Blog

As the war in Ukraine enters its second year, many things in Ukraine and in its neighbouring countries– Belarus and Russia to the north and east, Poland, Slovakia, Hungary, Romania and Moldova to the west and south—have changed.

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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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Pickleball: A Booming Sport With a Boom in Trademark Filings

Erik K Pelton

The following is an edited transcript of my video Pickleball: A Boom in Trademark Filings If you haven’t played pickleball yet, you’ve certainly heard about it. Although it was invented a couple of decades ago, ever since the pandemic in 2020 its popularity has boomed. Some studies indicate that it’s the fastest-growing sport in the United States.

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Google Deindexes ‘Pirate’ IP Addresses When Used to Circumvent Blocking

TorrentFreak

When people use search engines to find pirate sites or pirated content, the results they receive today represent a massively edited subset of what is actually out there. In response to DMCA notices sent by rightsholders, billions of URLs have already been removed from Google’s search results. Every week, millions of new URLs are processed by Google and when individual domains are considered especially infringing, Google takes that as a downranking signal.

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Google’s Threat to Block Canadian News Search: Will Its Intimidation Tactics Work?

Hugh Stephens Blog

Google is at it again. It has confirmed it is temporarily blocking some Canadian users from accessing news content through its online search function. According to the company, this is part of “product testing” in response to the Canadian government’s move to enact legislation, known as the Online News Act (Bill C-18), that would require … Continue reading "Google’s Threat to Block Canadian News Search: Will Its Intimidation Tactics Work?

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The AI-native telco: Radical transformation to thrive in turbulent times

McKinsey Operations

Artificial intelligence, when deployed at scale, can help telcos protect core revenues and drive margin growth. But capturing this opportunity will require a wholly different approach.

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Amazon Removes Books From Kindle Unlimited After They Appear on Pirate Sites

TorrentFreak

When Amazon launched the first Kindle fifteen years ago, book piracy was already a common problem. When publishers clashed with The Pirate Bay over illegally shared copies, we envisioned that things could get much worse if Kindle-ready pirate sites began to pop up. Rempant Book Piracy Fast forward to today and book piracy is easier and more widespread than ever.

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The Copyright Claims Board Decides its First Case

Plagiarism Today

The Copyright Claims Board has handed down its first decision. Here's what's in it and what it says about the future of the board. The post The Copyright Claims Board Decides its First Case appeared first on Plagiarism Today.

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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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A green slogan is not a trademark, says the General Court

The IPKat

The General Court has recently confirmed with decision T-253/22 the refusal of the application for trade mark registration of the verbal sign “ Sustainability through Quality ”. Background German company Groschopp AG Divers & More filed an application for EU trade mark registration of the verbal sign “ Sustainability through Quality ” in classes 7, 9, 16 and 42.

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Recognizing AI-Assisted Art: The Copyright Office is Using the Wrong Legal Standard

IP Watchdog

The U.S. Copyright Office (USCO) released its decision this past week in Kristina Kashtanova's case about the comic book, Zarya of the Dawn. Kashtanova will keep the copyright registration, but it will be limited to the text and the whole work as a compilation. In one sense this is a success, as the Office was previously threatening to revoke the copyright altogether.

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Pirate Bay Forum Suffers Extended Downtime After Hack

TorrentFreak

The Pirate Bay has had its fair share of technical issues over the past years, sometimes resulting in hours or even days of downtime. When the notorious torrent site goes offline, the associated SuprBay forum usually remains online. This is helpful, as the forums have a dedicated page where outsiders can check the status of the main site. More recently, the tables have been turned.

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3 Count: The Last of Copyright

Plagiarism Today

Ed Sheeran moves to limit evidence at trial, Sony asks EU court to stop cheat maker and The Last of Us creates copyright drama The post 3 Count: The Last of Copyright appeared first on Plagiarism Today.

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A design for heated socks is not necessarily functional, says EUIPO BoA

The IPKat

In a recent decision, the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks, pictured to the lower right, is not necessarily functional (case R 878/2022-3 ). The case featured various central issues in EU design law: from what a must-fit design is, through the definition of “ normal use ”, to the methodology for establishing functionality.

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Licensor Beware: Copyright Protections in Peril

IP Watchdog

Companies rely on copyright protections to shield their software, data sets, and other works that are licensed to their customers; however, a reframing of what constitutes a “transformative use,” and the extent a license can restrict such fair uses, may whittle away all avenues of protections. On October 22, 2022, the Supreme Court of the United States heard arguments for Andy Warhol Foundation v.

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BitTorrent Seedbox Provider Handed Criminal Conviction Over Users’ Piracy

TorrentFreak

In common with most broadly comparable countries, internet users in Denmark enjoy movies and TV shows, music, videogames, and ebooks. The problem for rightsholders is that a subset of the population prefers not to pay for the privilege. Local anti-piracy group Rights Alliance (Rettigheds Alliancen) mitigates all types of piracy but for the past few years, has maintained a keen focus on torrent sites.

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3 Count: Green Gables

Plagiarism Today

Lawsuit filed over Anne of Green Gables musical, South Park sparks titanic licensing battle and pirate couple gets caught a second time. The post 3 Count: Green Gables appeared first on Plagiarism Today.

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Are Drill Bits Now Abstract Ideas Too?

Patently-O

The following is a really wonderful Guest Post from UC San Francisco Law School Professor Jeffrey Lefstin focusing on a recent ITC decision finding a claimed drill bit abstract because of its functional limitations. by Jeffrey Lefstin Not too long after the Supreme Court decided Mayo v. Prometheus , I wrote an article suggesting, based on some of the history that followed Funk Brothers , that patents on ordinary industrial processes and compositions could become ineligible in Mayo ’s wake.

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Will the Supreme Court Save Biopharma from CAFC Enablement Insanity?

IP Watchdog

The United States Supreme Court is soon poised to decide the fate of the enablement requirement, and the patent community is collectively holding its breath, wondering if the Court will strike a deathblow to the biopharmaceutical industry—simultaneously making all patents harder to get and even easier to challenge than they already are. The Supreme Court does not have a strong track record of objectively getting patent issues correct, at least not from a pro-innovation standpoint, although the J

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Pirate IPTV: Police & Sky Nationwide Crackdown, Four Arrested

TorrentFreak

In an effort to make ends meet, many people in the UK are cutting back on luxuries. Fewer nights out or perhaps none at all. Downgrading Netflix or even dumping it altogether. Subscription television is even more expensive and often demands longer-term commitments people simply can’t afford. To some, cheap but illegal streaming services might prove tempting but it appears that Sky TV and police in the UK are working hard to limit supply.

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The Plagiarism Battle in Mexico’s Supreme Court

Plagiarism Today

Mexican Supreme Court Justice Yasmín Esquivel Mossa is facing multiple allegations of plagiarism in a politically charged battle. The post The Plagiarism Battle in Mexico’s Supreme Court appeared first on Plagiarism Today.

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Treating rare diseases: How digital technologies can drive innovation

McKinsey Operations

Pharmaceutical companies are using recent advances in digital technologies to improve care strategies and provide hope for rare disease patients across thousands of different rare diseases.

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The CAFC Hands Down Another Decision Demonstrating Its Misguided View of Obviousness

IP Watchdog

I attended the hearing at the U.S. Court of Appeals for the Federal Circuit (CAFC) in Maalouf v. Microsoft on Monday February 6, 2023, and the CAFC issued its opinion in the case this past Thursday. This case has curious origins. Through his company Dareltech, Ramzi Khalil Maalouf, a Lebanese immigrant and U.S. citizen, sued Xiaomi, a Chinese multinational corporation, for patent infringement in New York.

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Reddit Asks Court to Protect Users’ Anonymity in Third-Party Piracy Lawsuit

TorrentFreak

The “repeat infringer” issue remains a hot topic in U.S. courts, with ongoing lawsuits against several ISPs. Internet provider RCN is one of the companies targeted. In 2021, the ISP was sued by several film companies , including the makers of The Hitman’s Wife’s Bodyguard, London Has Fallen, and Hellboy. The movie companies alleged that RCN wasn’t doing enough to stop subscribers from pirating on its network.

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3 Count: Seedbox Conviction

Plagiarism Today

Seedbox provider convicted, four arrests in online piracy crackdown in the UK and African newspapers face fake copyright claims. The post 3 Count: Seedbox Conviction appeared first on Plagiarism Today.

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Federal Circuit Upholds Judgment Delisting System Patent From Orange Book

JD Supra Law

Procedural History - Jazz Pharms., Inc., v. Avadel CNS Pharms., LLC, Case No. 2023-1186 (Fed. Cir. February 24, 2023) is an appeal by Jazz Pharmaceuticals, Inc. (Jazz) from a District of Delaware order granting a motion for an injunction brought by Avadel CNS Pharmaceuticals, Inc. (Avadel). The injunction directed Jazz to ask the FDA to delist U.S. Patent No. 8,731,963 (the ’963 Patent) from the Orange Book.

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Building innovation ecosystems: Accelerating tech hub growth

McKinsey Operations

Innovation ecosystems can generate economic, financial, and social benefits for all, and there’s new federal funding to build them. A six-step playbook could help leaders get them right.

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Sony vs. Datel: Game Cheat Copyright Questions Referred to EU’s Top Court

TorrentFreak

Back in the 1980s, all computer nerds were familiar with Datel. The company produced peripherals for the 8-bit computers of the day, including RAM packs, keyboards, joystick interfaces, even sound samplers. Datel’s venture into the new world of videogame cheat devices was more controversial. The company’s Action Replay range battled against Codemasters’ Game Genie, with the latter eventually backing out of the market.

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Why I Think California’s Age-Appropriate Design Code (AADC) Is Unconstitutional

Technology & Marketing Law Blog

I’ve repeatedly expressed my opposition to the California Age-Appropriate Design Code (AADC), and now I’ve put my opposition into more formal terms for a judge. With the pro bono assistance of Jenner & Block, I filed an amicus brief in support of NetChoice’s motion to a preliminary injunction against the AADC. You can read my amicus brief here.

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Patent Directed to System for Controlling Access to Drugs Is Not Listable in the Orange Book

JD Supra Law

JAZZ PHARMACEUTICALS, INC. v. AVADEL CNS PHARMACEUTICALS, LLC - Before Lourie, Reyna, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: A patent directed to a system to reduce the misuse of a drug is not a listable patent in the FDA’s Orange Book because the patent does not claim a method of using the drug.

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Beware Trademark Squatters: The New Draft of the Chinese Trademark Amendment Aims at You!

IP Tech Blog

Is this the time we can really see a change in the fight against Chinese trademark squatters, or are we just adding burdens to legitimate right holders? The China National Intellectual Property Association (CNIPA) has recently published a draft amendment to the Chinese Trademark Law. The document is still under examination and has been disclosed to the public for comments.

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Pirate Couple Got Caught Uploading, Promised to Abstain, Got Caught Again

TorrentFreak

Dutch anti-piracy group BREIN has built quite a reputation over the years. For many Netherlands-based file-sharers, BREIN was considered a mortal online enemy. Passions don’t run anywhere near as high today, but not because BREIN took its foot off the gas. Anyone involved in the Dutch piracy scene still risks running into BREIN, and while that isn’t exactly ideal, it isn’t necessarily the end of the world either.

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The EU digital strategy: The impact of data privacy on global business

McKinsey Operations

New data regulations from the European Union require organizational attention, and three key steps can help navigate the data privacy landscape.

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Dorsey Legal Arcade: Video Game Industry Legal Updates - February 2023

JD Supra Law

Welcome to Issue 4 of the Dorsey Legal Arcade, our newsletter chronicling legal developments impacting the video game industry. At Dorsey & Whitney LLP, we have a strong international practice and an interest in changes in the law around the world that could affect our clients. That’s why we chose to kick off this issue with a feature article discussing online child safety and video game regulations in China.

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