Sat.Mar 09, 2024 - Fri.Mar 15, 2024

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Japan’s Text and Data Mining (TDM) Copyright Exception for AI Training: A Needed and Welcome Clarification from the Responsible Agency

Hugh Stephens Blog

Image: iStock Japan has always been known for its strong creative sector and rich cultural output, from animé to manga to literature, music and film, and for its respect for intellectual property (IP) and the rights of creators.

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Why The Holdovers is Not a Plagiarism

Plagiarism Today

Oscar-winning film The Holdovers is facing plagiarism allegations from another screenwriters. Here's why they don't hold up. The post Why The Holdovers is Not a Plagiarism appeared first on Plagiarism Today.

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BitTorrent is No Longer the ‘King’ of Upstream Internet Traffic

TorrentFreak

In the past two decades, Internet traffic has exploded with more bytes being transferred in each successive year. While this stable trend continues, the types of traffic that pass through the pipes have changed radically. Back in 2004, in the pre-Web 2.0 era, research indicated that BitTorrent was responsible for an impressive 35% of all Internet traffic.

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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs. The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; ii

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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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25 Great Slogans

Erik K Pelton

Celebrating our 25th year with the 25 series. Erik discusses the power of slogans and reviews 25 iconic examples in this podcast. The post 25 Great Slogans appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. Erik discusses the power of slogans and reviews 25 iconic examples in this podcast.

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Copyright Claims Board Finds Documentary was Fair Use

Plagiarism Today

In a case involving clips from an Andrew Dice Clay comedy special, the Copyright Claims Board has found a documentary was a fair use. The post Copyright Claims Board Finds Documentary was Fair Use appeared first on Plagiarism Today.

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Guest post by @TheBlakeMorgan: A musician’s view of the TikTok legislation

The Trichordist

Blake Morgan gives his perspective on why TikTok has to go down.

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Trademark Law Firms – Measuring the Competition

Erik K Pelton

The following is an edited transcript of my video Measuring the Competition. There are a lot of trademark lawyers out there, and different firms can be a fit for different trademark owners depending on the client’s needs. If I were hiring a firm, Here are some things to consider. If one competitor is much cheaper than the average in the field, you might ask “Why would I choose the cheapest option if it’s not providing all of the same things that the other options might provide?

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Judge Rules Craig Wright is Not Bitcoin Inventor Satoshi Nakamoto

Plagiarism Today

For nearly a decade, Craigh Wright has claimed to be Bitcoin creator Satoshi Nakamoto. However, those claims just took a major blow. The post Judge Rules Craig Wright is Not Bitcoin Inventor Satoshi Nakamoto appeared first on Plagiarism Today.

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Nintendo Hits Circumvention Tool Linkers With DMCA Trafficking Violations

TorrentFreak

It took less than a week for Nintendo’s lawsuit against the company behind the Yuzu Switch emulator to have the desired effect. After agreeing to hand over $2.4m to Nintendo while complying with the terms of a broad injunction, Tropic Haze LLC evaporated in all but name and its developers drifted away into the night, apologetic and presumably penniless.

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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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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

JD Supra Law

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Proper Evidence of Use for Clothing Trademarks

Erik K Pelton

The following is an edited transcript of my video Proper Evidence of Use for Clothing Trademarks. In any application to register a trademark at the USPTO, it’s important to have the proper type of evidence to support, use, and register the trademark—whether it’s a name, a logo, or a slogan. This is most complicated, believe it or not, when it comes to clothing.

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3 Count: Malignant Settlement

Plagiarism Today

Malignant filmmaker settles dispute with screenwriter, New York Times hits back at OpenAI and pirate site Vumoo goes offline. The post 3 Count: Malignant Settlement appeared first on Plagiarism Today.

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You Wouldn’t Steal an Episode of the ‘Pirate Bay’ TV Series?

TorrentFreak

When pirated copies of “Grand Theft Auto: San Andreas” came out nearly two decades ago, The Pirate Bay changed its front page logo. The Pirate Bay became the “Grand Theft Bay,” illustrating the deviant stance upon which the site built its reputation since the year of its launch. The GTA-inspired logo was the first of many ‘doodles’ that separated the ‘most resilient torrent site’ from its competition.

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Trader Joe’s Labor Union Bags a Victory in Trademark Dispute

JD Supra Law

Trader Joe’s is a hugely popular grocery chain that has expanded from its Southern California origins to operate close to 600 stores across the United States. Although Trader Joe’s has traditionally had a reputation as an ethical company, accusations of union-busting have tarnished the grocer’s image as a good employer.

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Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit

The IP Law Blog

OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. On February 12, 2024, a District Court in the Northern District of California issued its Order and ruled on the OpenAI defendants’ motions to dismiss various claims in the two pending putative class action lawsuits.

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3 Count: Wordle Battle

Plagiarism Today

Nvidia faces lawsuit over AI training, artists angry at new Midjourney feature and New York Times targets Wordle clones. The post 3 Count: Wordle Battle appeared first on Plagiarism Today.

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Authors Sue NVIDIA for Training AI on Pirated Books

TorrentFreak

Starting last year, various rightsholders have filed lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors, visual artists, even the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. “Books3” Many of the lawsuits filed by book authors come with a clear piracy angle.

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Tennessee Federal Court Issues Preliminary Injunction Blocking NCAA’s NIL Restrictions

JD Supra Law

On February 23, 2024, the U.S. District Court for the Eastern District of Tennessee issued a preliminary injunction in State of Tennessee and Commonwealth of Virginia v. National Collegiate Athletic Association, enjoining enforcement of the National Collegiate Athletic Association’s (NCAA) Name, Image, and Likeness (NIL) recruiting ban with respect to student-athletes.

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[Guest post] Dramatic reversal in the CRISPR Broad Institute cases following G 1/22

The IPKat

In G 1/22 (and G 2/22), the Enlarged Board of Appeal (EBA) found that there is a strong rebuttable presumption that an applicant of a European patent application is entitled to claim priority. An interesting question following G 1/22 was the potential impact (if any) on the high-profile CRISPR dispute. The Broad Institute famously lost a highly commercially valuable CRISPR patent for invalid priority ( T 844/18 , IPKat ).

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3 Count: Hospital Infringement

Plagiarism Today

Architecture firm sues over hospital design, US government says no new rules for NFTs and Oppenheimer piracy boosted by Oscar win. The post 3 Count: Hospital Infringement appeared first on Plagiarism Today.

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YouTuber Liable For Bogus DMCA Notice “Awareness Campaign” Targeting Bungie

TorrentFreak

One of the most frustrating aspects of DMCA notices outside the usual complaints aired by rightsholders, is their ability to trigger policies that assume notices are accurate and in some cases, should be blindly obeyed. Certainly, if the sender of a bogus notice puts in enough effort, the end result can be the removal of whatever material appears in the notice, even when sent to the largest platforms most familiar with fraudulent claims.

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Tech, Retail Industries Say No To Patent Eligibility Reforms

IP Law 360

A coalition of tech companies, retailers and tech activist groups lined up on Monday in opposition to the latest legislative effort to limit patent invalidation in the courts, warning that unseating legal precedents over eligibility would lead to a coming "wave of crippling litigation.

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Exploring the Definitions of AI for Legal Purposes

Barry Sookman

There is a lot being written about artificial intelligence (AI). There are also many different ways of defining the term AI including for legal purposes. This post will examine some of the leading legally defined uses of the terms AI and generative artificial intelligence. Legal definitions of Artificial Intelligence The leading definition of artificial intelligence is the recent updated definition of artificial intelligence from the OECD : An AI system is a machine-based system that, for expli

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3 Count: Hopping Mad

Plagiarism Today

Bad Bunny sues fan over concert video, Brazil under scrutiny by USTR and New Zealand Appeals Court finds copyright relationship property. The post 3 Count: Hopping Mad appeared first on Plagiarism Today.

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Movie & TV Giants Say French Pirate Site Audiences Are Continuously Shrinking

TorrentFreak

ALPA, the Association Against Audiovisual Piracy ( Association de Lutte contre la Piraterie Audiovisuelle ) has been active in France since the mid-eighties. With heavyweight backing from the Hollywood studios of the MPA, and the music industry through a number of large groups and organizations, wherever there’s a piracy fight in France, ALPA is unlikely to be too far away.

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Data Scraper Allowed To Scrap, Replace Patent Claims

IP Law 360

An Israeli web data scraper has convinced judges on an administrative patent board to let it switch up language in a patent that's being challenged, shortly after the U.S.

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Corporate Social Responsibility | The Extent, Advancements, And Challenges In India

IP and Legal Filings

Introduction The main factor driving the country’s rapid adoption of corporate social responsibility is the fact that India has one of the fastest-growing economies, and socioeconomic issues like poverty, illiteracy, a lack of access to healthcare, etc. are still widespread and the government has little resources to address these issues. This has made it possible for many companies to support in the development of society.

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Infographic | All about the safe

Olartemoure Blog

SAFE stands for Simple Agreement for Future Equity. It is a legal financing instrument designed to expand capital raising alternatives for early-stage startups. how does it work? SAFE allows an investor to invest a certain amount of money in exchange for the option to acquire future shares that may eventually arise from a future formal capitalization, as stipulated in the contract.

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Pirate Streaming Site Vumoo.to Goes Offline Following ACE Action

TorrentFreak

The Alliance for Creativity and Entertainment ( ACE ) is the world’s most active anti-piracy coalition, initiating and assisting enforcement efforts around the world. Most anti-piracy actions are focused on streaming sites and services, many of which are located in or operated from Vietnam. ACE previously visited Vietnam and met with government officials to explore potential solutions to address the problem.

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Fed. Circ. Backs PTAB Decision In Vacuum Patent Fight

IP Law 360

The Federal Circuit backed the Patent Trial and Appeal Board's decision that SharkNinja had not proven the invalidity of several claims of Roomba maker iRobot's patent on robot vacuum technology.

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“Ringless Voicemail” Vendor Wins Section 230 Defense Against FTC–US v. Stratics Networks

Technology & Marketing Law Blog

[This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. If this opinion confuses you, welcome to the club. FWIW, “Slog to Blog” would make a good band name.] Stratics Networks offers ringless voicemail and VOIP services. The court explains that, with ringless voicemails, “users can mass deliver prerecorded messages directly to recipients’ voicemail inboxes without causing their phones to ring or giving recipients the

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Responding to Obviousness Rejections in Light of the USPTO’s New Guidance

IP Watchdog

The United States Patent and Trademark Office (USPTO) recently released new guidance to patent examiners on making obviousness rejections. The guidance focuses on post-KSR precedential jurisprudence from the U.S. Court of Appeals for the Federal Circuit. Some of the guidance is fairly mundane, some of it is not. The purpose of this article is to propose a few responses one might use to counter rejections that apply certain problematic aspects of the new guidance.

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Does LaLiga’s Court Order Compel ISPs to Identify Piracy That LaLiga Has Not?

TorrentFreak

Javier Tebas Medrano is the president of LaLiga, Spain’s most prestiguous football league. Medrano’s position makes him the most powerful man in Spanish football and by extension, also one of the most powerful in European football, a market worth an estimated €30 billion. In common with key rivals at the Premier League (England) and Serie A (Italy), Medrano has an IPTV piracy problem to solve.

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Artist Can't Exhibit 'MetaBirkins' NFT After TM Trial Loss

IP Law 360

The Los Angeles-based designer behind the "MetaBirkins" non-fungible token is barred from displaying his artwork at a Swedish museum after a federal judge ruled there is a high probability he will use the platform to promote products that a jury previously said infringed trademarks held by luxury French fashion house Hermès International.