Sat.May 06, 2023 - Fri.May 12, 2023

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Book Disclaimers: Tips for the Indie Author

Creative Law Center

Using Book Disclaimers to Protect Your Work and YourselfReal life inspires stories. It can't be helped. Writers observe, interpret, expound, and often twist based on what they see, hear, and how they feel about it. When a story has intimacy with reality, readers will see themselves in it. Sometimes what they see is not pretty, or […] The post Book Disclaimers: Tips for the Indie Author appeared first on Creative Law Center.

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The Bright Side of a Trademark Registration

Erik K Pelton

Inspired by the 50th Anniversary of Pink Floyd’s album Dark Side of the Moon and its iconic cover, Erik reflects on how the trademark registration process is much like a prism. The post The Bright Side of a Trademark Registration appeared first on Erik M Pelton & Associates, PLLC. Inspired by the 50th Anniversary of Pink Floyd’s album Dark Side of the Moon and its iconic cover, Erik reflects on how the trademark registration process is much like a prism.

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Court Sentences Man for Selling Pirated Textbook PDFs

TorrentFreak

Obtaining a proper education can give people a leg up in life, but this privilege does come at a price. Studying can be a costly endeavor, requiring expensive textbooks that may only be in use for a single semester. To reduce costs, some students choose to share books or buy cheaper second-hand versions. Textbook piracy is also widespread and in many cases considered socially acceptable among students.

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5 Reasons Why Plagiarism Detection Goes Wrong

Plagiarism Today

Performing a plagiarism check is both important and difficult. Here are five common mistakes people make when checking for plagiarism. The post 5 Reasons Why Plagiarism Detection Goes Wrong appeared first on Plagiarism Today.

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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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Generative AI, Copyright and the AI Act

Kluwer Copyright Blog

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders.

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An API for the Human Mind

Patently-O

by Dennis Crouch The pace of technological advancement never ceases to amaze me, and it seems like even science fiction is struggling to keep up with reality. In recent months, we’ve witnessed some truly remarkable breakthroughs in the field of artificial intelligence (AI), and this latest development is right up there. Researchers have used GPT-style machine learning architecture to decode human thoughts by analyzing their functional MRI (fMRI) brain scans.

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What to Do if You’re Falsely Accused of Plagiarism

Plagiarism Today

Being accused of plagiarism is an emotional and stressful experience. Here's what to do to defend yourself and clear up any confusion. The post What to Do if You’re Falsely Accused of Plagiarism appeared first on Plagiarism Today.

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The Campaign Against Judge Newman Underscores the Downfall of the Federal Circuit

IP Watchdog

How much damage is Chief Judge Moore doing to the institution that is the Federal Circuit? That question is hard to answer in the present, but there is no doubt that she is causing the type of damage that will linger and perhaps ultimately lead to the downfall of the court itself. Even before the latest episode in which Chief Judge Moore has taken it upon herself to impeach Judge Newman, acting as complainant, investigator, witness and decider, it had become common for many in the industry to as

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Twitch-Streaming Destiny 2 Teen Cheater Fails in Bid to Shake Bungie Lawsuit

TorrentFreak

After filing a series of lawsuits against cheat developers, cheat sellers, resellers, and even gamers who use cheats, there’s little doubt that Bungie views cheating as a threat to its business. After a Washington court awarded Bungie $6.7 million in damages against LaviCheats on Monday, the company scooped a damages award of $16.2m in the same court (but in a different case) on Tuesday.

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Judicial Disability and the “Great Dissenter”

Patently-O

Guest Post by Paul R. Gugliuzza , Professor of Law, Temple University Beasley School of Law The judicial disability proceedings instituted against Federal Circuit Judge Pauline Newman have now spilled into litigation. As Dennis reported yesterday , Judge Newman filed a complaint in D.C. federal district court seeking, among other things, to enjoin and terminate the proceedings.

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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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3 Count: Bungie Returns

Plagiarism Today

Bungie wins another decision against cheatmaker, South African label faces more copyright claims and Frank Ocean scammer sold AI tracks. The post 3 Count: Bungie Returns appeared first on Plagiarism Today.

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High Ratio of U.S. Trademark Registrations to Assets Increases Annual Value

IP Watchdog

Brands — legally protected as trademarks — have value. We all understand that intuitively. Registering brands as federal trademarks also provides significant legal benefits, such as the presumption of ownership, validity, and nationwide priority in the mark. According to a recent study, the number of trademarks a company registers in a given year helps predict that company’s profitability and stock returns for the following year.

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Potential Impact on Major Pirate Sites as Vietnam ISPs Face New Responsibilities

TorrentFreak

After spending more than 16 years implementing intellectual property laws introduced in 2005, amendments to intellectual property law in Vietnam came into effect on January 1, 2023. At that point, however, implementation was still to be determined so, over the past few months, the government has been drafting decrees. Issued by the government in late April, Decree No. 17/2023/ND-CP offers guidance on various copyright matters related to ISP liability and enforcement measures, including disclosur

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You Don’t Know Jack: Five Surprising Facts about Intellectual Property Law

JD Supra Law

Think you know the law? If you’re an attorney or simply well-versed in legal matters, you may have a working knowledge of statutory and case law. However, the area of intellectual property (IP) law is rife with surprises about which even seasoned lawyers may be unaware. Here’s a closer look at some surprising facts about IP law that may be new (or news!

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Upcoming DMCA Takedown Workshop

Plagiarism Today

Next week I will be a guest at a Creative Law Center workshop on the Digital Millennium Copyright Act. Join us to learn more about the DMCA. The post Upcoming DMCA Takedown Workshop appeared first on Plagiarism Today.

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Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day!

SpicyIP

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. While there has been a recent rising trend of such orders from the court (see here , here , here , here and here ) wherein the IP Offices’ orders were remanded back for being cryptic, unclear on the grounds of objecti

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Poking Nintendo: Why the ‘Lockpick’ DMCA Blitz Should Surprise Absolutely No One

TorrentFreak

Nintendo’s N64 console went on sale in Japan in June 1996, selling for ¥25,000 (around US$185). By the end of day one, all 300,000 units had sold out. For hardcore gamers in Europe facing a release date eight months away, importing an N64 was a tempting but expensive option. Adjusted for inflation, imported Japanese N64s changed hands for the equivalent of $1,400 in today’s money; a copy of Super Mario 64?

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Creators at the Forefront of the #StopAAPIHate Movement

Copyright Alliance

Creators have long been at the forefront of social change and activist efforts. The political climate of American history can be traced through its artistic periods as well as it […] The post Creators at the Forefront of the #StopAAPIHate Movement appeared first on Copyright Alliance.

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3 Count: Scream and Yout

Plagiarism Today

RIAA responds to Yout's appeal, court orders Grande to hand over subscriber data and NC schools get a new logo after copyright battle. The post 3 Count: Scream and Yout appeared first on Plagiarism Today.

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When to Use a Milk Run

Christopher Roser

A milk run is a popular way to supply materials to multiple locations. It can easily be combined with a pull system like kanban, where it merely replenishes what was consumed. But what are the best uses for milk runs? And when do you use them, and when would another logistics system be better? This. Read more The post When to Use a Milk Run first appeared on AllAboutLean.com.

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Court Overrules Subscribers’ Objections in ISP Piracy Liability Lawsuit

TorrentFreak

Two years ago, a group of several film companies including the makers of Hellboy, Rambo V, The HItman’s Bodyguard, and Dallas Buyer’s Club, sued Internet provider Grande Communications. The filmmakers accused the Astound-owned ISP of not doing enough to stop pirating subscribers. Specifically, they alleged that the company failed to terminate repeat infringers.

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Other Barks & Bites for Friday, May 12: Intel and OpenSky Kill VLSI Patent; AI Inventorship Comments Due; and Pharma CEOs Testify on Insulin Prices

IP Watchdog

This week in Other Barks & Bites: AI inventorship comments due, the United States Patent and Trademark Office (USPTO) seeks nominations to two advisory committees; Oprah’s company settles a trademark dispute with a podcast; and high-profile pharmaceutical company CEOs testify before the Senate on insulin prices.

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3 Count: Bitten Apple

Plagiarism Today

Apple loses appeal against Corellium, Bungie wins default judgment against LaviCheats and Nintendo goes on takedown spree. The post 3 Count: Bitten Apple appeared first on Plagiarism Today.

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Amicus Briefing in Amgen v. Sanofi: The Rest of the Story - Part II

JD Supra Law

The Supreme Court's consideration of the standards for satisfying the enablement provisions of 35 U.S.C. § 112(a) has been occasioned for the first time in over a century by the Court's granting certiorari in Amgen v. Sanofi. This has not surprisingly generated a great deal of interest and amicus briefing.

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DAZN Joins ACE: IPTV Piracy & Billions in Losses Challenge ‘Netflix of Sport’

TorrentFreak

With pirate IPTV services first seeping and then exploding into the mainstream around 2016/17, the launch of streaming service DAZN provided hope of a viable alternative. Initially made available in Germany, Switzerland, Austria and Japan, DAZN’s mission to provide affordable access to live and on-demand sports content was exactly what fans had been crying out for.

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‘Copying into Copyright Law’: Ireland’s minimalist transposition of Directive 2019/790

Kluwer Copyright Blog

Image by Rudy and Peter Skitterians via Pixabay As testified by collections such as those of Trinity College’s Old Library, copying and illustrating manuscripts by hand was such a well-developed practice among members of mediaeval religious orders in Ireland that two Christian saints – Columba and Finnian – ended up having the first recorded copyright dispute in the Western world’s history.

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India’s Poster Plagiarism Controversy

Plagiarism Today

A movie poster for an upcoming Indian film has sparked controversy as many feel it's too close a design used by Argo. The post India’s Poster Plagiarism Controversy appeared first on Plagiarism Today.

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Potential Claim Construction Error Is Harmless When Not Relied Upon by the Board

JD Supra Law

BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC - Before Prost, Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: A party challenging the Board’s decision by alleging claim construction errors must demonstrate the harmfulness of the alleged errors for the Board’s decision to be reversed.

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Bungie Wins $6.7 Million in Damages From LaviCheats

TorrentFreak

Over the past several years, major videogame companies have taken cheat developers, sellers, and resellers to court in the United States. In 2021, American videogame company Bungie upped its game with lawsuits against three major players; Elite Tech Boss , LaviCheats & VeteranCheats. Bungie’s legal campaign is beginning to pay off. Last summer, the case against Elite Tech Boss resulted in a consent judgment where a key defendant agreed to pay $13.5 million in damages.

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DMCA 512(c) Safe Harbor Doesn’t Apply to Photo Embedding–Great Bowery v. Best Little Sites

Technology & Marketing Law Blog

This case involves Annie Leibovitz photos, represented by licensing and enforcement agency Trunk Archive. Allegedly, users of comicbookmovie.com (CBM) embedded the Leibovitz photos into the site by linking to the images hosted on third-party sites. Once CBM learned of the links (via the complaint), CBM disabled them. Embedding and the Server Test The Utah federal judge is persuaded by the Perfect 10 v.

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3 Count: Zzzzzzz Library

Plagiarism Today

Kanye West settles case over unlicensed sample, US seizes more Z-Library domains and Ed Sheeran shares tender moment after winning. The post 3 Count: Zzzzzzz Library appeared first on Plagiarism Today.

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IP Challenges and Risks Unique to AI – Part I

JD Supra Law

Businesses are increasingly using artificial intelligence (AI) to innovate. This trend brings about new risks to intellectual property (IP), including new challenges in procuring IP protection and new risks of IP infringement. Part I of this two-part post will focus on IP procurement.

IP 101
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Court Denies Grande’s Challenge of $47 Million Music Piracy Verdict

TorrentFreak

Last fall, a Texas federal jury found Grande Communications liable for willful contributory copyright infringement and ordered the ISP to pay $47 million in damages to a group of record labels. District Court Judge David Ezra confirmed the judgment in January. This was a clear mistake, according to Grande, which hoped to have it overturned. ISP Wants a Do-Over In March, the Internet provider filed a renewed motion for judgment as a matter of law.

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Attorney Fees Denied Due to Lack of Support in Cannabis Litigation Record

The IP Law Blog

In 2018, United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective (“Pure Hemp”) for infringement of U.S. Patent No. 9,730,911 (the “‘911 patent”), entitled “Cannabis Extracts and Methods of Preparing and Using the Same. The ‘911 patent relates to “extraction of pharmaceutically active components … more particularly … botanical drug substance (B.D.S.) comprising cannabinoids obtained by extraction from cannabis.

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Common Questions From the Intersection of Copyright and Medical Communications

Velocity of Content

CCC recently assembled a panel of expert leaders in publishing and medical communications for a broad discussion on copyright as it pertains to the work of medical communications professionals. The panel was moderated by Catherine Zaller Rowland, Vice President and General Counsel, CCC. In this article, we’ll answer three questions from the audience about the intersection of copyright and the reuse of published material in medical communications projects.