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Why the Internet Archive Lost

Plagiarism Today

The Internet Archive's defeat is a blow to the organization So why did it lose? Who is to blame? The answer is very simple. The post Why the Internet Archive Lost appeared first on Plagiarism Today.

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When a Trademark is Not a Copyright

Hugh Stephens Blog

Image: Shutterstock Since this is a copyright blog, I am guessing that most of my readers will be saying to themselves, “I know the difference between trademark and copyright; doesn’t everyone?”. Everyone does not, and this can lead to considerable confusion especially when the media use the two terms loosely or interchangeably.

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5 Takeaways from the Internet Archive Ruling

Plagiarism Today

Yesterday, the Internet Archive lost its appeal in its case against book publishers. Here's what you need to know. The post 5 Takeaways from the Internet Archive Ruling appeared first on Plagiarism Today.

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25 Reasons to Use a Trademark Attorney

Erik K Pelton

There are an infinite number of reasons for an attorney to help you with your brand protection. Erik shares his top 25 in this episode. The post 25 Reasons to Use a Trademark Attorney appeared first on Erik M Pelton & Associates, PLLC. There are an infinite number of reasons for an attorney to help you with your brand protection. Erik shares his top 25 in this episode.

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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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September 11: Honoring First Responders Across the Nation

U.S. Department of Commerce

By Joe Wassel, Executive Director and CEO, First Responder Network Authority (FirstNet Authority) Twenty-three years ago, America experienced a day unlike any other in our history. News of the attacks on the World Trade Center, Pentagon, and in Shanksville, Pennsylvania, reverberated across our nation. Everyone was on high alert. No one knew where, when, or if another attack would happen.

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A Very Demure, Very Mindful Trademark Problem: Prior-Filed Applications For Your Trademark

JD Supra Law

TikTok user Jools LeBron (@joolieannie) took the internet by storm when she posted a video encouraging people to be very demure and very mindful in applying their makeup. The post went viral and Jools’ following skyrocketed to over 2 million followers on TikTok alone. On the heels of her viral fame, Jools posted that the video had changed her life almost overnight.

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How to Satisfy Constitutional and Statutory Standing Requirements in Patent Infringement Actions

IP Watchdog

The Federal Circuit’s precedential opinion in Intellectual Tech, LLC. v. Zebra Technologies Corporation is the most recent decision in a series of cases clarifying the requirements for when standing is proper for a patent infringement action. Intell. Tech., LLC. v. Zebra Techs. Corp., 101 F.4th 807 (Fed. Cir. 2024) (Zebra). Specifically, when addressing the standing question, Zebra provides guidance on which rights a patent owner may have granted to third parties without losing its most importan

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TorrentGalaxy is Back Online & Uploads Resume

TorrentFreak

For a torrent site, TorrentGalaxy is still a relative newcomer. The site is barely seven years of age while others have been around for over two decades. In that timespan, however, TorrentGalaxy secured a key place in the torrent ecosystem. Not only does it serve millions of users directly, its ‘release’ groups also distribute torrents across other popular sites, including The Pirate Bay and 1337x.

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The Patent Eligibility Restoration Act (PERA) of 2024: From Oz to Earth

Patently-O

by Dennis Crouch As its name suggests, the Patent Eligibility Restoration Act (PERA) is designed to substantially overturn the Supreme Court's decisions in Mayo Collaborative Services v. Prometheus Laboratories, Inc. , 566 U.S. 66 (2012), and Alice Corp. v. CLS Bank International , 573 U.S. 208 (2014). Together those cases created a firestorm of invalid patents and challenges for the patent office and patent holders alike.

Patent 101
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NaNoWriMo’s Massive AI Blunder

Plagiarism Today

NaNoWriMo weighed in on artificial intelligence (AI) and authors, including their own leaders, are unhappy with the statement. Here's why. The post NaNoWriMo’s Massive AI Blunder 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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Verizon, Ericsson Slam 'Outlandish' $847M Patent Verdict

IP Law 360

Verizon and Ericsson have urged a Texas federal judge to erase an $847 million jury verdict in General Access Solutions' wireless network patent suit, arguing that the court hobbled their defense by improperly excluding evidence and allowing General Access to rely on misleading and sometimes false testimony.

Patent 96
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Other Barks & Bites for Friday, September 6: House Version of PERA Introduced; Judicial Council Confirms Extension of Newman Suspension; OpenAI Asks Court to Dismiss Claims and Focus on Fair Use in Copyright Battle

IP Watchdog

This week in Other Barks & Bites: A House version of the Patent Eligibility Restoration Act (PERA) is introduced; Judge Pauline Newman’s suspension from hearing cases at the Federal Circuit, on which she has served for 40 years, is officially extended by the court’s Judicial Council; OpenAI asks a New York court to dismiss several claims in one of its copyright infringement lawsuits in order to focus on fair use; China strengthens IP ties with Belt and Road Initiative Partners; and a Texas

Fair Use 109
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Threatening Anti-Piracy Messaging Fails to Stimulate Intent to Subscribe

TorrentFreak

After years of anti-piracy campaigns, there’s a tendency to wonder whether the secret sauce of success is right around the corner or just as elusive as it’s ever been. Yet, even briefly considering the perspective of those creating these campaigns can be a fairly sobering experience. There’s a blank sheet of paper and this campaign has to work, what can it possibly say that hasn’t been said before?

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[Audio] Seeing into the Future: Moving Beyond AI to Visual Intelligence with Oculi CEO Charbel Rizk

JD Supra Law

What if the key to unlocking true autonomy and advancing artificial intelligence lies in the development of more efficient and intelligent visual sensors? On today's episode of Founder Shares, Charbel Rizk, the visionary founder and CEO of Oculi, discusses the need for a shift towards advanced visual sensors over traditional motion sensors, and shares their potential to revolutionize automation and AI capabilities.

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The Copyright Battle Over Unicorn Party Dresses

Plagiarism Today

The Copyright Claims Board is hearing a case over a unicorn pattern being sold as party dresses. However, the issues raised are very common. The post The Copyright Battle Over Unicorn Party Dresses appeared first on Plagiarism Today.

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Judge Newman's Suspension Extended For Another Year

IP Law 360

Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.

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End of the Line for Controlled Digital Lending Theory

The Illusion of More

IA asks this Court to bless the large scale copying and distribution of copyrighted books without permission from or payment to the Publishers or authors. The Second Circuit Court of Appeals yesterday affirmed that Internet Archive’s digital book lending model controlled digital lending (CDL) is not permitted by copyright law, including under the fair use […] The post End of the Line for Controlled Digital Lending Theory appeared first on The Illusion of More.

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Man Arrested for Sharing Copyright Infringing Nude Scenes Through Reddit

TorrentFreak

The web is riddled with copyright infringing content, ranging from full-length blockbuster films, through small music samples, to reposted celebrity photos on social media. Not all of these offenses are equally problematic. Law enforcement authorities may go after the operators of large-scale pirate sites or services, but posting short film clips without permission typically doesn’t lead to trouble.

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New Academic Year Requires New Approach to Combat Campus Antisemitism

Michael Geist

The days leading up to a new academic year at a university are typically filled with a mix of excitement and anticipation for both faculty and students alike. My Globe and Mail op-ed notes that this year, it brought trepidation and even fear for many in the Jewish community. At my own university, faculty attended training sessions on coping with potential classroom intruders, including tips for de-escalation strategies and detailed security procedures.

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3 Count: Gemini Man Lawsuit

Plagiarism Today

Book publishers get a big win on appeal; an author sued over Gemini Man, and an adult anime website sued over ignored copyright notices. The post 3 Count: Gemini Man Lawsuit appeared first on Plagiarism Today.

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Nvidia, Microsoft Face Patent, Cartel Allegations In Texas Suit

IP Law 360

A new lawsuit accuses Nvidia of holding "monopoly power" over the market on graphics processing in the artificial intelligence space and alleges the tech company is colluding with Microsoft and a prominent patent risk management company to squeeze out a small startup that claims to have developed the "fundamental intellectual property" behind that technology.

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 Heroes and Villains in Copyright Fights

The Illusion of More

After Internet Archive (IA) lost its copyright infringement suit with major publishers this week, the organization wasted no time alleging that great harm has been done to society. As if it had the posts ready to go, IA alleged that research itself was in peril and even went so far as to shamelessly post on […] The post Heroes and Villains in Copyright Fights appeared first on The Illusion of More.

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Namecheap Flagged for EU ‘Piracy Watchlist’ After Failing to Block Infringing Sites

TorrentFreak

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has a long and well-established track record. The group celebrated its 25th anniversary on Monday, with now-retired director Tim Kuik receiving a royal decoration as Officer in the Order of Orange-Nassau for his achievements. While Kuik undeniably proved to be a major player in the anti-piracy field in recent decades, BREIN’s work continues without him.

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Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

JD Supra Law

Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various industry publications and blogs. Your customers are calling, writing, and e-mailing you to express concern. By: Ward and Smith, P.A.

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EU copyright takes it all … including Article 2(7) of the Berne Convention: AG Szpunar advises CJEU to rule that EU Member States can no longer rely on reciprocity clause for works of applied art

The IPKat

Vitra's DSW chair One of the cornerstones of international copyright law – specifically: the Berne Convention (BC) – is the principle of national treatment under Article 5: authors who are nationals of a Berne Union member state are eligible for protection under the law of other member states at the same conditions as nationals of those countries. Like all rules, there are exceptions though: one of them concerns works of applied arts.

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Why Attorneys Should Consider Community Leadership Roles

IP Law 360

Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

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As Publishers Beat Internet Archive, Are Libraries The Real Losers?

Copyright Lately

A court win against the Internet Archive has publishers celebrating, but what does it mean for the future of public libraries and digital access? The U.S. Court of Appeals for the Second Circuit has spoken, and it’s not the news advocates of “controlled digital lending” were hoping for. In last week’s ruling in Hachette Book Group, Inc. v.

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‘Make Pay-Per-View Access to Boxing Events Free to Fight Piracy’

TorrentFreak

In recent years, rightsholders of major sports events have repeatedly complained that piracy of live sports is rising through the roof. They’ve called on lawmakers to tighten legislation and urged law enforcement to take the problem much more seriously. Last month, U.S. authorities took action by seizing several domain names of sports streaming site Streameast, which has millions of monthly users.

Music 88
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Federal Circuit: On-Sale Bar Still Applies to Secret Use of a Patented Method Under AIA

JD Supra Law

The Federal Circuit recently affirmed an ITC holding that the AIA’s § 102 on-sale bar applies to the sale of a product made according to a secret process when that sale occurs more than one year before the patent’s effective filing date. In so doing, the court confirmed that, despite changes to the text of § 102, the AIA did not undo long-settled pre-AIA precedent that the on-sale bar applies when, before the critical date, a party sells products secretly made using a patented process.

Patent 71
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Comment on France’s Prosecution of Telegram Founder Pavel Durov

Technology & Marketing Law Blog

I don’t fully understand exactly what’s happening with Telegram and Pavel Durov in France. However, I have observed how many people don’t know the history of governments prosecuting Internet executives for the content or actions of third parties using their services. I sent the following to a reporter: Europe has a long history of individually prosecuting Internet company executives for third-party content.

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Firms Must Offer A Trifecta Of Services In Post-Chevron World

IP Law 360

After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

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[Sponsored] PatSeer Launches AI-Driven Industrial Design Database with Unrivalled Worldwide Coverage

SpicyIP

We are pleased to bring to you this sponsored post by PatSeer on the launch of their new Industrial Design Search solution. For more details, read on below. PatSeer Launches AI-Driven Industrial Design Database with Unrivalled Worldwide Coverage The new solution brings a generational leap in Design Search PatSeer announces the launch of its new Industrial Design Search solution, featuring cutting-edge AI-driven image search.

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That’s All Folks: KimCartoon’s 120m Visit Piracy Caper Ends in a DMCA Disaster

TorrentFreak

It has been a rough couple of weeks for people who love cartoons but prefer not to pay for them. The simultaneous disappearance of Aniwave and the connected Anix last week left a massive hole in the pirate market. The pair serviced at least one, and maybe as many as two, billion visits in the previous 12 months alone. While those platforms focused on Japanese anime, KimCartoon offered a much wider variety of cartoons.

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Seeing into the Future: Moving Beyond AI to Visual Intelligence with Oculi CEO Charbel Rizk

JD Supra Law

What if your devices could see and understand the world around them as well as you do? For Charbel Rizk, founder and CEO of Oculi, this isn't just a hypothetical—it’s the driving force behind his work in visual intelligence. Charbel’s journey into this field began when he recognized that the limitations of current vision technology were preventing the advancement of autonomous systems.

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Understanding UCC Fixture Filings and Their Impact on Business Transactions

Cogency Global

What this is : UCC fixture filings are essential for lenders to secure their interests in goods that will be attached to real property (fixtures). When drafted and filed correctly, these filings perfect a lender’s security interest in the fixtures and establish priority among other secured creditors and subsequent buyers of the real estate. What this means : In this article, we will explore the definition of “fixtures” under Article 9 of the Uniform Commercial Code (UCC) , the significance of se