2023

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Understanding the Claudine Gay Plagiarism Scandal

Plagiarism Today

Harvard President Claudine Gay is under fire not just for her answers before Congress, but allegations of plagiarism. Here's what's going on. The post Understanding the Claudine Gay Plagiarism Scandal appeared first on Plagiarism Today.

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The Most Dangerous Canadian Internet Bill You’ve Never Heard Of Is a Step Closer to Becoming Law

Michael Geist

After years of battles over Bills C-11 and C-18, few Canadians will have the appetite for yet another troubling Internet bill. But given a bill that envisions government-backed censorship, mandates age verification to use search engines or social media sites, and creates a framework for court-ordered website blocking, there is a need to pay attention.

Law 145
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‘The Last of Us’ Is The Most Pirated TV Show of 2023

TorrentFreak

At the end of every year, we take a look at the most-downloaded TV shows among torrenting pirates. For several years in a row, the list was headed by Game of Thrones but that reign came to an end after the series ended. In the years that followed, Disney+ releases stepped in to fill the void, with ‘Wandavision’ and ‘The Mandalorian’ taking wins in 2020 and 2021 respectively.

Reporting 141
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Copyright Office Affirms its Fourth Refusal to Register Generative AI Work

IP Watchdog

On December 11, the Review Board of the U.S. Copyright Office (USCO) released a letter affirming the USCO’s refusal to register a work created with the use of artificial intelligence (AI) software. The decision to affirm the refusal marks the fourth time a registrant has been documented as being denied the ability to obtain a copyright registration over the output of an AI system following requests for reconsideration.

Copyright 141
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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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Bill C-18 Bailout: Government Announces Plans to Pay For 35% of Journalist Costs for News Outlets as It More Than Doubles Tax Credit Per Employee

Michael Geist

The government has taken the first step to creating a bailout for its disastrous Bill C-18 by agreeing to News Media Canada demands to increase the support under the Labour Journalism Tax Credit. While the current system covers 25% of the journalist costs up to $55,000 per employee (or $13,750), the government’s fall economic statement increases both the percentage covered and cap per employee.

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AI Copyright Infringement Suit Proceeds in California District Court

JD Supra Law

In an early test of the interplay between artificial intelligence (AI) and copyright law, the US District Court for the Northern District of California recently allowed a copyright infringement claim to proceed against an AI developer that used an artist’s works without authorization to train a machine learning model.

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Generative AI and Copyright – Some Recent Denials and Unanswered Questions

JD Supra Law

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author. This bedrock principle was reinforced in two recent copyright decisions.

Copyright 142
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What the Warhol Ruling May Mean for AI

Plagiarism Today

The Andy Warhol ruling is less than a week old, but the Supreme Court may have just shaken the world of artificial intelligence to its core. The post What the Warhol Ruling May Mean for AI appeared first on Plagiarism Today.

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Should Students Stop Using Grammarly?

Plagiarism Today

A viral TikTok warns students, if your work is submitted to Turnitin, you need to uninstall Grammarly. Is this true and, if so, why? The post Should Students Stop Using Grammarly? appeared first on Plagiarism Today.

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Chided by the Canadian Federation of Library Associations for Defending Authors: What an Honour!

Hugh Stephens Blog

Image: Shutterstock All my life I have tried to behave well around librarians lest I be given a steely stare and be chided by the person on duty. I have tiptoed, suppressed coughs, and whispered in hushed tones. And generally, I have succeeded in avoiding reprimand. Until now. Lorisia McLeod, Chair of the Canadian Federation … Continue reading "Chided by the Canadian Federation of Library Associations for Defending Authors: What an Honour!

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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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Generative AI, Copyrighted Works, and the Quest for Ethical Training Practices

Copyright Alliance

The legal and ethical concerns surrounding generative artificial intelligence (AI) systems being trained on copyrighted works are currently under scrutiny, with the U.S. Copyright Office conducting an Artificial Intelligence Study […] The post Generative AI, Copyrighted Works, and the Quest for Ethical Training Practices appeared first on Copyright Alliance.

Copyright 144
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First patent revocation actions before the UPC have been filed

The IPKat

On 2 June 2023, the Unified Patent Court (UPC) received its first patent challenge of its existence. Here is a quick recap about the UPC, and a bit of info on these proceedings! What is the UPC? The UPC is a new patents court which came into force on 1 June 2023, made up of judges who are nationals of EU Member states that are participating in the UPC.

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The World’s Oldest Active Torrent Turns 20 Years Old

TorrentFreak

In 2003, the World Wide Web was still in its infancy. Dial-up connections were still the default and YouTube, Facebook, and Gmail had yet to be invented. There was a new technology making waves at the time. BitTorrent made it much easier for people to transfer large files, opening the door to unlimited video-sharing without restraints. Many people started experimenting with BitTorrent by sharing pirated films and TV shows.

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Copyright Office Makes AI Authorship Policy Official

IP Watchdog

The U.S. Copyright Office (USCO) has announced a new statement of policy on “Works Containing Material Generated by Artificial Intelligence” that will be published in the Federal Register tomorrow, March 16. The statement comes following several recent cases that have tested the bounds of copyright protection for works generated solely or in part by AI authors.

Copyright 145
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What the CRTC’s New Registration Requirements Mean for Regulating Everything from Online News Services to Podcast Providers

Michael Geist

The CRTC last week released the first two of what is likely to become at least a dozen decisions involving the Online Streaming Act (aka Bill C-11). The decision, which attracted considerable commentary over the weekend, involves mandatory registration rules for audio and visual services that include far more than the large streaming services. The Commission says the registrations would give it “ de minimis information about online undertakings and their activities in Canada, which would give th

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Quick Debrief on the Gonzalez v. Google Oral Arguments

Technology & Marketing Law Blog

I’m going to crank this blog post out before I get swamped with press requests. My takeaways: I did not hear 5 votes in favor of the plaintiffs’ position. Indeed, the justices didn’t really engage with the plaintiffs’ core arguments much after their initial dismantling, which I take as a sign of their lack of persuasiveness. For that reason, I have a little optimism that Google will win the votes– much more so than yesterday.

Blogging 145
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The next frontier in risk efficiency

McKinsey Operations

As global risks increase and economic uncertainty persists, the risk functions within the financial services industry must continue to evolve talent to ensure organizational resiliency.

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AI and copyright in 2022

Kluwer Copyright Blog

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. 1. Generative AI Computer-generated art reached a tipping point in 2022. Experiments with AI-generated images go back decades (such as the computer programs of Harold Cohen starting in the 1970s).

Copyright 145
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Inviting Applications for the SpicyIP Doctoral Fellowship!

SpicyIP

On attributes of a researcher, Prof. Basheer said here “ As a researcher, you need to keep asking yourself why? You cannot take anything for granted. So you must be curious about everything in the world… ” Along with our launch of the SpicyIP Empirical Database series today, on Prof Basheer’s 47th birth anniversary, we are also very happy to open up applications for the recently announced SpicyIP Doctoral Fellowship.

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Another AI Copyright Registration Rejected

Plagiarism Today

A famous AI-generated piece of art has been rejected by the US Copyright Office. Here's why the decision matters and what it means. The post Another AI Copyright Registration Rejected appeared first on Plagiarism Today.

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United in Memory: The Effects of September 11 Still Reverberate Today

U.S. Department of Commerce

United in Memory: The Effects of September 11 Still Reverberate Today September 11, 2023 KCPullen@doc.gov Mon, 09/11/2023 - 09:35 First responder network By Joe Wassel, Executive Director and CEO, First Responder Network Authority September 11 irrevocably altered the lives of Americans. Today, on the anniversary, we solemnly reflect on that fateful day and its impact on our nation.

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Landmark Warhol Decision Reins in Transformative Fair Use

Copyright Alliance

Yesterday, the Supreme Court, in a 7-2 opinion written by Justice Sonia Sotomayor, found that the purpose and character of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s photograph […] The post Landmark Warhol Decision Reins in Transformative Fair Use appeared first on Copyright Alliance.

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Going (copyright) bananas: Maurizio Cattelan prevails in copyright infringement lawsuit over Comedian

The IPKat

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. I personally love everything by Cattelan and among other things I did enjoy the recent exhibition in Florence about his and other contemporary artists’ work.

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TV Museum Will Die in 48 Hours Unless Sony Retracts YouTube Copyright Strikes

TorrentFreak

The advent of the internet and its subsequent development in the mainstream have given rise to a perpetual, collaborative, global recording machine that would’ve been unimaginable 40+ years ago. Back then, videotape recording machines were cutting edge and a type developed by Sony was fighting for its life. Since Sony’s Betamax-format recorders were able to record TV shows, studios including Universal and Disney sought to hold Sony liable for users’ alleged copyright infringeme

Copyright 144
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U.S. Copyright Office Clarifies Limits of Copyright for AI-Generated Works

IP Watchdog

The U.S. Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements. In a letter sent to Kashtanova’s counsel on Tuesday, the USCO expressed its concerns that underlying artwork generated using the AI-powered text-to-image tool Midjourney was capable of meeting the human authorship requirement for copyright protection.

Copyright 145
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A Massive Own-Goal for the Government: Google to Stop News Links in Canada Due to Bill C-18

Michael Geist

The worst case scenario for Canadian Heritage Minister Pablo Rodriguez, the Canadian news sector, and the Canadian public has come to pass: Google has announced that it will block news links in Canada in response to the mandated payment for links approach established in Bill C-18. The decision, which the company says will be implemented before the law takes effect, will cover search, Google News, and Google Discover.

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A Thumbs-Up Emoji Costs a Canadian Seller $82,000–South West Terminal v. Achter Land

Technology & Marketing Law Blog

[A special post for my Canadian friends as a belated celebration of Canada Day. ] This case involves a Canadian transaction for flax. The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 per bushel (which amounts to $669.26 per tonne) with a delivery period listed as “Nov”.

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What is generative AI?

McKinsey Operations

Generative artificial intelligence (AI) describes algorithms (such as ChatGPT) that can be used to create new content, including audio, code, images, text, simulations, and videos. Recent new breakthroughs in the field have the potential to drastically change the way we approach content creation.

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AI and Copyright: A Reply to Matt Hervey

Kluwer Copyright Blog

Image by Alexandra_Koch via Pixabay The recent blog post by Matt Hervey provides an interesting summary by someone who clearly has a good understanding of the subject matter. It does seem a bit one-sided in making it sound (to me, anyway) like people, governments or courts who oppose copyright protection of AI-generated works are fighting a rear guard battle and that at some point copyright protection of such works will almost “naturally” happen.

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Announcing the SpicyIP Empirical Scholarship Database Series!

SpicyIP

Prof Shamnad Basheer Moving from Faith-based positions to Fact-based positions has been a topic that Prof Shamnad Basheer had long been propounding on this blog, with several prominent examples such as the petition to the Government to make Indian patent information available online more than 15 years ago, to displaying glaring gaps in Form 27 declarations , from the “ Indian Bayh Dole” issues , to countering claims about textbook prices , and more.

IP 139
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Court in Richard Prince Case Affirms that “Transformative” Has Boundaries

The Illusion of More

The big battle over application of the fair use defense has been focused on the highly subjective, often confusing, doctrine of “transformativeness,” which is addressed under factor one of the four-factor test. Factor one considers the purpose of the use, including whether the purpose is commercial; and over the past decade or so, several high-profile […] The post Court in Richard Prince Case Affirms that “Transformative” Has Boundaries appeared first on The Illusion of More.

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"A S LIVE FOREVER" Fails to Function as a Trademark, Says TTAB

The TTABlog

Despite the Supreme Court's ruling in Iancu v. Brunetti , deeming the "scandalous and immoral" provision of Section 2(a) unconstitutional, your run-of-the mill obscenities are going to face a difficult hurdle to registration: failure-to-function. Mr. Brunetti himself found that out last year when his attempt to register "F**K" failed to clear that hurdle. [ TTABlogged here ].

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Women’s History Month: Impacting Innovation and Economic Growth

U.S. Department of Commerce

Women’s History Month: Impacting Innovation and Economic Growth March 24, 2023 KCPullen@doc.gov Fri, 03/24/2023 - 10:29 Investing in communities and workers By Brittany Sickler, Networks Program Manager, U.S. Economic Development Administration (EDA) Women’s History Month has always been an important time for me to consider the remarkable—and ordinary—stories in our country’s journey to equality.

Business 139
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Another referral to the CJEU concerning communication to the public in hotel rooms (case C-723/22)

The IPKat

A new referral to the Court of Justice of the European Union (CJEU) has been recently made by the Higher Regional Court in Munich (OLG Munich) regarding the concept of “communication to the public” and its application to hotels’ activities. Louis-Michel in his hotel room The referral, which is reproduced below, concerns the interpretation of Art. 3(1) Directive 2001/29/EC as transposed into the German Copyright Act. § 15(2) of the German Copyright Act lists several rights, which fall within the

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The Pirate Bay Reopens its Doors to New Members After Four Years

TorrentFreak

When The Pirate Bay launched nearly 20 years ago, its main goal was to become a bastion of free and uncensored information. The site categorically rejects takedown requests from copyright holders and allows anyone to upload almost anything. Since its early days, The Pirate Bay has always been free to use and open to the public at large. Those who wanted to share files only had to register an account, which was easy enough.