April, 2024

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Why Amazon is Overrun with Plagiarism and AI Garbage

Plagiarism Today

Amazon is facing criticism over AI-generated spam ebooks being sold in the Kindle Store. However, the problem goes back at least 15 years. The post Why Amazon is Overrun with Plagiarism and AI Garbage appeared first on Plagiarism Today.

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How we stack up against others offering trademark services

Erik K Pelton

We recognize that business owners have a choice when it comes to protecting their brand and who they hire to work with them. We stack up differently against most others in the field of trademarks. To the best of our knowledge, no one else offers the same suite of characteristics that we have at EMP&A, see below: The post How we stack up against others offering trademark services appeared first on Erik M Pelton & Associates, PLLC.

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Czech court finds that AI tool DALL-E cannot be the author of a copyright work

The IPKat

In a recent judgment (in Czech) which is one of the first of its kind in Europe, the Municipal Court of Prague (the Court) held that an image generated by an AI tool was not capable of being protected by copyright, as it was not authored by a natural person. Background The claimant in this case, which is anonymised in the Court's judgment, had asked the AI program DALL-E to create an image for the claimant's website.

Copyright 145
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‘Expensive’ Streaming Services Are a Key Reason for Americans to ‘Pirate’

TorrentFreak

For online media consumers, things have improved significantly over the years. More content is being made available on-demand than ever before. Netflix set the tone a decade ago by offering movies and TV series online as a convenient alternative to piracy. This worked well, so well that more than a dozen other streaming services were launched, all with their own exclusive releases.

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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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An Independent Musician’s Perspective on the TikTok Legislation Before Congress

IP Watchdog

There are many loud voices making a lot of noise about TikTok right now, and as someone who makes “noise” for a living, I thought I’d provide an independent musician’s perspective on the TikTok legislation before Congress: I hope it passes, both as an American and as a music maker. First of all, this bill restricts TikTok, it does not “ban” the app.

Music 141
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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. And why is that? Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright.

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Trademark Tips for Journalists

Erik K Pelton

Erik shares important tips for journalists to help them accurately report on trademark matters in this episode. The post Trademark Tips for Journalists appeared first on Erik M Pelton & Associates, PLLC. Erik shares important tips for journalists to help them accurately report on trademark matters in this episode.

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South Coast Botanic Garden Foundation Sued for Right of Publicity Violation

JD Supra Law

Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who value their privacy) and used them in a series of advertisements in a local mall.

Privacy 113
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Researchers Showcase Decentralized AI-Powered Torrent Search Engine

TorrentFreak

Twenty-five years ago, peer-to-peer file-sharing took the Internet by storm. The ability to search for and share content with complete strangers was nothing short of a revolution. In the years that followed, media consumption swiftly moved online. This usually involved content shared without permission, but pirate pioneers ultimately paved the way for new business models.

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FTC Sets Meeting to Vote on Final Noncompete Rule

IP Watchdog

Federal Trade Commission (FTC) Chair Lina Khan announced yesterday that there will be a Special Open Commission Meeting held on April 23 to vote on whether to issue a final version of the January 2023 proposed rule that would ban employers from using noncompete clauses for their employees. “The proposed final rule being considered would generally prevent most employers from using noncompete clauses,” said the Open Commission Meeting's event description.

Business 124
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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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[Guest Post] Long walk to copyright reform #9: The Copyright Amendment Bill ensures fair remuneration for South African creators and performers

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Desmond Oriakhogba (University of the Western Cape) on one of the important but largely overlooked aspect of South Africa’s Copyright Amendment Bill: provisions aimed at ensuring fair remuneration for South African creators and performers. Here’s what Desmond writes: The Copyright Amendment Bill ensures fair remuneration for South African creators and performers by Desmond O Oriakhogba.fair compensation n

Copyright 132
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Megachurch Pastor Accused of Plagiarizing an Apology

Plagiarism Today

Lakepointe Church pastor Josh Howerton is accused of plagiarizing an apology. Sadly, it's not his first run in with plagiarism. The post Megachurch Pastor Accused of Plagiarizing an Apology appeared first on Plagiarism Today.

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25 Tips When Brainstorming a New Name

Erik K Pelton

Erik shares 25 tips to consider when brainstorming brand names in this episode of our 25 series. The post 25 Tips When Brainstorming a New Name appeared first on Erik M Pelton & Associates, PLLC. Erik shares 25 tips to consider when brainstorming brand names in this episode of our 25 series.

Branding 225
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Dave Rowntree is Suing the UK Performing Rights Society Over Misallocation of Unmatched Royalties (Black Box)

The Trichordist

According to press reports, Dave Rowntree of Blur filed the UK equivalent of a class action lawsuit against PRS (the UK version of ASCAP and BMI).

Reporting 128
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The Pirate Bay’s Oldest Torrent is Now 20 Years Old

TorrentFreak

When The Pirate Bay first came online, in the second half of 2003 , the ‘internet’ looked nothing like it does today. A Harvard student had yet to start writing the first lines of code on a new idea, called “TheFacebook” YouTube wasn’t around yet either, and the same was true for the smartphones that dominate people’s lives today.

Copying 130
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Thaler, Copyright Office Fight Over Human-Authorship Requirement for AI-Created Artwork Continues

IP Watchdog

On April 10, Dr. Stephen Thaler filed a reply brief at the U.S. Court of Appeals for the D.C. Circuit, continuing the artificial intelligence (AI) technologist’s legal challenge to the U.S. Copyright Office’s refusal to register copyright to an artwork generated by Thaler’s Creativity Machine. The reply brief argues that there is no human authorship requirement under the U.S.

Artwork 124
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GSK Hits Pfizer And BioNTech With COVID Vaccine Patent Suit

IP Law 360

GlaxoSmithKline alleged in a suit filed Thursday in Delaware federal court that the COVID-19 vaccines made by Pfizer and BioNTech infringe five of its patents on mRNA technology, the latest in a series of lawsuits over the vaccines that have generated tens of billions of dollars in revenue.

Patent 105
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The 5 Best Uses of the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board is a powerful tool for resolving copyright disputes, but only in certain situations. Here are five to remember. The post The 5 Best Uses of the Copyright Claims Board appeared first on Plagiarism Today.

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Three Strategies to Prevent Departing Employees from Absconding with Trade Secrets and Other Confidential Business Information

JD Supra Law

One of the biggest threats to modern corporations involves departing employees who take confidential business information (CBI) and/or trade secrets with them prior to or upon their departure. Indeed, the misappropriation of trade secrets and CBI can cost companies millions of dollars in legal fees, reputational harm, and lost revenue. In recent years, three new trends in the way that companies do business have led to unintended growth in this area of risk.

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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. The key issue on appeal is whether the district court erred in granting summary judgment for Crocs on Double Diamond Distribution and U.S.A.

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Dune: Part Two Leaks Early on Pirate Sites ‘In Memory of EVO’

TorrentFreak

Pirated copies of movies leak all year round, often ripped from streaming platforms after their official premiere. That by itself is nothing special. However, when a high-quality copy of a blockbuster title appears online before it’s officially available, people take notice. That’s exactly what happened with Dune: Part Two over the past few hours.

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The Licensing Vector: A Fair Approach to Content Use in LLMs

IP Watchdog

A spate of recent lawsuits is shining light on how some generative AI (GenAI) companies are using copyrighted materials, without permission, as a core part of their products. Among the most recent examples is the New York Times Company’s’ lawsuit against OpenAI, which alleges a variety of copyright-related claims. For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fai

Licensing 126
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Meta Secures Partial Trim Of Video Technology Patent Row

IP Law 360

A federal judge has narrowed a suit accusing Meta Platforms Inc. of infringing patents related to video technology, throwing out one of VideoLabs' patents but letting the patent owner keep moving forward with another.

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3 Count: Owning the Doge

Plagiarism Today

Former Amazon employee claims company ignored AI copyright warnings, Vietnam convicts pirate site operator and crypto group buys Doge rights. The post 3 Count: Owning the Doge appeared first on Plagiarism Today.

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Patent Poetry: Federal Circuit Affirms Blockchain Gem Patent Is Invalid

JD Supra Law

The Federal Circuit has affirmed a lower court’s decision finding the claims of a patent for preventing gemstone counterfeiting invalid. The case is Rady v. The Boston Consulting Group. Rady owns US Patent No. 10,469,250, directed to “a framework [for] record[ing] to a blockchain” the “unique identification[s] (signatures) of physical items which have unique, random properties.”.

Patent 114
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Imminent EBA referral confirmed on the question of using the description to interpret the claims (T 0439/22)

The IPKat

It is now confirmed that there will be a referral to the Enlarged Board of Appeal (EBA) on the correct approach to claim interpretation. The Board of Appeal in T 0439/22 had previously indicated that they were minded to refer a question to the EBA on how much the description should be used to interpret the claims ( IPKat ). The published minutes of oral proceeding from a hearing in the case last week confirm that the Board of Appeal intends to follow through on this intention.

Patent 109
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‘Smart IPTV’ App Blocked By ISPs, Despite it Carrying Zero Illegal Streams

TorrentFreak

In a world where users can have their own ChatGPT-like AI instances up and running on their own PCs, in just a handful of minutes, for zero spend and completely legally, the app experience on smart TVs rarely fails to disappoint. Yet when smart TV users somehow manage to clunk their way through, say, LG’s menus, and then avoid the avalanche of distractions that exist purely to break their will, only disappointment lies ahead for the IPTV-curious.

Reporting 106
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Heirs to Author of Article That Inspired Top Gun Crash and Burn in California District Court

IP Watchdog

The U.S. District Court for the Central District of California ruled on Friday that Shosh Yonay and Yuval Yonay, the widow and son of Ehud Yonay, who authored a 1983 magazine article that inspired the renowned film, Top Gun, were not entitled to damages for copyright infringement related to the 2022 sequel to the film. Yonay authored a magazine article titled “Top Guns,” published in California Magazine on April 21, 1983, that was an account of the experiences of F-14 pilots in training at Navy’

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Off The Bench: NCAA Rules, Trans Athlete Win, NBA Pro's Ban

IP Law 360

In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.

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Yet Another Harvard Plagiarism Scandal

Plagiarism Today

Harvard is facing yet another plagiarism scandal, this one involves an instructor who is accused of plagiarizing in an expert witness report. The post Yet Another Harvard Plagiarism Scandal appeared first on Plagiarism Today.

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FDA Approves BMS and J&J CAR-T Cell Therapies for the Earlier Treatment of Multiple Myeloma

JD Supra Law

On April 4, 2024, Bristol Myers Squibb (“BMS”) and 2seventy bio, Inc. announced that the FDA has approved ABECMA (idecabtagene vicleucel) for the treatment of adult patients with relapsed or refractory multiple myeloma after two or more prior lines of therapy including an immunomodulatory agent (IMiD), a proteasome inhibitor (PI), and an anti-CD38 monoclonal antibody.

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Balancing Innovation: India’s Views for Pharmaceuticals in the Efta Trade Deal

IIPRD

INTRODUCTION The World Trade Organization (WTO) since its establishment has ratified more than 300 regional and bilateral Free-Trade Agreements (FTA). [i] Recently, the trend of increasing prevalence of TRIPS-Plus provisions within these trade agreements introduces stricter intellectual property (IP) regimes. This empowers countries with superior negotiating powers a leverage, [ii] typically developed nations in the context of developed-developing country partnerships.

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Uptobox Was Shut Down in 2023; A Court Will Decide Whether to Resurrect It

TorrentFreak

Founded back in 2011, Uptobox rapidly gained popularity by making it easy for users to upload, store, and share files with others online. In April 2023, Uptobox received 34 million visits from users all over the world, around a third of those from France. At several points in its dozen or so years online, Uptobox faced adversity, mostly due to copyright issues.

Reporting 107
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Schiff Introduces Bill to Mandate Disclosure of Copyrighted Content Used to Train GAI Models

IP Watchdog

On April 9, Representative Adam Schiff (D-CA) introduced the Generative AI Copyright Disclosure Act of 2024 into the U.S. House of Representatives. The bill, which would require generative artificial intelligence (AI) platforms to disclose their use of copyrighted works in training AI models with retroactive effect, comes after months of growing concerns by the global creative community over the misappropriation of original works of authorship by companies collecting such content without prior a

Copyright 116
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Resistance To Patent Licenses Drives More Suits, Execs Say

IP Law 360

Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.

Licensing 105