Tue.Jan 03, 2023

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AI: The Copyright and Plagiarism Story of 2022 and 2023

Plagiarism Today

Typically, when I do these year-end reviews, I cover a wide variety of stories that happened and separate out the copyright and plagiarism. Simply put, copyright and plagiarism are two different things. The former dealing with legal rights a creator has and the latter the ethics of attribution and reuse. Their interests over overlap, but year-to-year the concerns and stories are often very different.

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SoccerStreams Throws in the Towel Following U.S. Domain Seizures

TorrentFreak

Last month, we reported on a series of FIFA World Cup-themed domain name seizures by US law enforcement. In the initial wave, Homeland Security Investigations took down 55 domain names operated by pirate sports streaming sites, and several more followed later. Many of the sites had millions of regular visitors who were suddenly confronted with a seizure banner featuring seals of prominent law enforcement outfits.

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3 Count: Happy New Year

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: SoccerStreams Throws in the Towel Following U.S. Domain Seizures. First off today, Ernesto Van der Sar at Torrentfreak writes that the popular soccer streaming site SoccerStreams has shuttered following the seizure of its domains by the United States Department of Homeland Security.

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something's plausibly fishy about Target's omega-3 supplement

43(B)log

Rodriguez v. Target, 2022 WL 18027615, No. 22 Civ. 2982 (LGS) (S.D.N.Y. Dec. 30, 2022) Plaintiffs sued for breach of express warranty under New York and California law, violation of the New York General Business Law (“GBL”) §§ 349 and 350, and the usual California claims. The court made the expected rulings (no standing for injunctive relief; no preemption except to the extent that the UCL “unlawful” claim attempted to borrow the FDA rules directly; UCL unlawfulness created by borrowing Californ

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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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The Campaign Against Pharma Companies Creates New Level of Uncertainty for all Patent Attorneys Re: Duty of Disclosure and Inquiry

IP Watchdog

The United States Patent and Trademark Office (USPTO) issued a Notice on the “Duties of Disclosure and Reasonable Inquiry During Examination, Reexamination, and Reissue, and for Proceedings Before the Patent Trial and Appeal Board” on July 29, 2022 (87 FR 45764-67), without a big reaction from the IP community. Patent attorneys mostly scratched their heads wondering what it means, especially as it was created in the backdrop of an attack on drug companies and drug pricing.

Patent 103
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From sci-fi to reality: Autonomous driving in China

McKinsey Operations

New technologies and regulations have made autonomous driving possible. In this changing landscape, the strategic roles of manufacturers may vary.

More Trending

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What is proof of stake?

McKinsey Operations

Proof of stake (PoS) is a consensus protocol in blockchains. It is a way to decide which user or users validate new blocks of transactions and earn a reward for doing so correctly.

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Can I Get My Favorite Song Here? A Lesson About Music Libraries

Velocity of Content

Many think of libraries as places to obtain books and other materials. When hearing the word ‘library’ after ‘music,’ it’s understandable to think of music libraries as a place to get music. Although versatile and valuable, music libraries don’t exactly work with the traditional concept of libraries that the public is used to. For example, you cannot check out a CD from your local library and use those recordings in a work or school project.

Music 98
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USPTO Delays Transition to DOCX (Again)

JD Supra Law

On December 29, 2022, to the relief of many practitioners and applicants, the U.S. Patent and Trademark Office delayed the effective date of its controversial incentivized transition to DOCX format for patent application filing. A new final rule establishes that the $400 fee for filing patent specifications, claims, and abstracts (not including design, plant, or provisional applications) in a format other than DOCX will not be required until April 3, 2023.

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Can I Get My Favorite Song Here? A Lesson About Music Libraries

Velocity of Content

Many think of libraries as places to obtain books and other materials. When hearing the word ‘library’ after ‘music,’ it’s understandable to think of music libraries as a place to get music. Although versatile and valuable, music libraries don’t exactly work with the traditional concept of libraries that the public is used to. For example, you cannot check out a CD from your local library and use those recordings in a work or school project.

Music 98
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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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Omotenashi in Product Design

Christopher Roser

In Japan, there is omotenashi. In its basic translation, the word means hospitality. But even in Japan, it means something else: it is the aim for perfection with a customer. This idea can be extended to product design, aiming for a product that gives the customer a perfect experience. The Word Omotenashi The word omotenashi. Read more. The post Omotenashi in Product Design first appeared on AllAboutLean.com.

Designs 95
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2H 2022 Quick Links, Part 3 (Copyrights and More)

Technology & Marketing Law Blog

Copyright. * Wallster, Inc. v. Redbubble, Inc., 2022 U.S. Dist. LEXIS 198181 (C.D. Cal. Oct. 21, 2022): this Court rejects Wallshoppe’s argument that recklessness is enough to meet the knowledge requirement for contributory copyright infringement… Wallshoppe alleges Defendant has a “general awareness” that certain designs uploaded to its website may be copyrighted and that a “significant percentage of those that [Defendant] partners with to sell products are not 

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Copyrighted Books, Movies, Songs and other Works Form 1927 Turned Public Domain this Week

IP Close Up

What do Virginia Woolf’s ‘To The Lighthouse” and the final Sherlock Holmes stories by Arthur Conan Doyle, the German science-fiction film ‘Metropolis’ and Alfred Hitchcock’s Continue reading.

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Likelihood of extrusion

Likelihood of Confusion

Reprinting my annual Passover post, adjusted for days of the week as they come out this year: I’ve been hit by pre-Passover preparations, plus the need to front-load the making-a-living. The post Likelihood of extrusion appeared first on LIKELIHOOD OF CONFUSION™.

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Where does shared autonomous mobility go next?

McKinsey Operations

Shared autonomous mobility is at a critical point, and five factors may determine how the market evolves and which companies succeed.

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Year in Review: Top Biosimilars-Related Regulatory Developments of 2022

JD Supra Law

As 2022 comes to a close, we review Big Molecule Watch’s top five biosimilar regulatory developments of the year.

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The McKinsey Crossword: Body Building | No. 109

McKinsey Operations

Sharpen your problem-solving skills the McKinsey way, with our weekly crossword. Each puzzle is created with the McKinsey audience in mind, and includes a subtle (and sometimes not-so-subtle) business theme for you to find. Answers that are directionally correct may not cut it if you’re looking for a quick win.

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Nigerian Advertising Regulator Tackling Meta

IP and Legal Filings

Introduction. Forbidding the employment of foreign models and voice actors in advertisements starting of October 1, 2022, was one of ARCON’s first actions. While stakeholders and experts struggled to comprehend this ban, on October 5, 2022, word spread that Nigeria’s Federal Government had sued Meta over marketing and was seeking 30 billion naira (about 70 million dollars).

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No Hits, No Hit Records: The Streaming Mechanicals Poverty Program at the CRB

The Trichordist

The compulsory mechanical is one of the best examples of the government increasing poverty through the destruction of human agency.

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IPKat book of the year awards - voting extended!

The IPKat

This Kat was struck down by another round of covid over the festive season and was unable to remind readers about voting for your favourite IP books of 2022. So, to make sure everyone has the chance - voting is now extended for another 10 days!! The IPKat team continue to diligently read and review as many brilliant IP books as possible, of which there are many, for the Kat community.

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ITC Monthly Wrap-Up: December 2022

Fish & Richardson Trademark & Copyright Thoughts

In December, six complainants filed three Section 337 complaints with the International Trade Commission (ITC): Samsung Electronics, America, Inc. f/k/a Samsung Telecommunications America, LLC; Samsung Electronics Co., Ltd.; Samsung International, Inc.; and Samsung Research America, Inc., filed a complaint against Manufacturing Resources International, Inc., in Components for Certain Environmentally-Protected LCD Digital Displays and Products Containing Sam e, Inv.

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In Plastipak Decision, CAFC Fails to Resolve Precedential Inconsistency in Inventorship Determination

IP Watchdog

In Plastipak Packaging Inc. v. Premium Waters Inc., Appeal No. 2021-2244, decided December 19, 2022, the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) newest judge threw a curveball on the topic of inventorship. Judge Leonard Stark wrote the precedential opinion, joined by Judges Newman and Stoll, and ultimately reversed and remanded the U.S.

Patent 66
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Taco Tuesday: It’s a Tasty Cultural Phenomenon Not a Trademark

JD Supra Law

More and more, we see trademark applications being filed for cultural phenomena, viral sensations and catchy hashtags. We’ve covered this topic before. Do you remember #covfefe?

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ITC transparency trend highlights best practices for filing complaints

IAM Magazine

The US International Trade Commission recently started releasing letters to complainants about non-institution decisions – sign-posting to counsel how to better plead cases in 2023

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Fish & Richardson Elevates 15 Attorneys to Principal in Class Distinguished by Diversity of Background and Experience

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson is proud to announce the elevation of 15 attorneys to principals at the firm, effective January 1, 2023. The new principals are Ashley Bolt (Atlanta), Chet Campbell (Boston), Rae Crisler (Dallas), Sara Fish (Atlanta), Jared Hartzman (Washington, D.C.), Joel Henry (Washington, D.C.), Lawrence Jarvis (Atlanta), Joy Kete (Boston), April Park (Washington, D.C.), Eric Peng (Shenzhen), Liz Ranks (Boston), Oliver Richards (San Diego), Jared Smith (San Diego), Karrie Wheatley (Hous

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PTAB Masters 2023 this Month at IPWatchdog

LexBlog IP

2-Day Program Offers Comprehensive View. For those looking for some PTAB related CLE (hello, who isn’t !?), consider the upcoming PTAB Masters program Jan. 31 – Feb. 1. The third annual program is designed as a high-level, interactive, limited enrollment program, and is held in person at IPWatchdog Studios, minutes from Dulles International Airport.

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Future Employer Survey Results Highlight Need For Companies To Implement Thoughtful Policies To Protect Company Data and Intellectual Property in Hybrid Work Environment

JD Supra Law

Earlier this year, Seyfarth Shaw partnered to issue the 2022 Future Employer survey to clients and contacts. We surveyed in-house legal and business leaders to find out how they are thinking about the “Future of Work.” This was an important continuation of Seyfarth’s thought leadership endeavors related to futurist legal-thinking and the future of work, which we formalized five years ago with the inaugural survey in 2017.

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ITC transparency trend highlights best practices for filing complaints

IAM Magazine

The US International Trade Commission recently started releasing letters to complainants about non-institution decisions – sign-posting to counsel how to better plead cases in 2023

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Patent Case Summaries - December 2022 #3

JD Supra Law

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.

Patent 52
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Influencing PTAB Judges

Patently-O

The US GAO (Gov’t Accountability Office) has released its report on the Patent Trial & Appeal Board — providing evidence to support the open secret that (1) political appointees have power to influence PTAB judicial decisions; and (2) most PTAB Judges feel their independence has been impacted by oversight practices. The report calls for increased transparency in PTAB Judicial oversight.

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New Year, New Patent Regulations: From DOCX to Unitary Patents

JD Supra Law

A new year brings new intellectual property laws and regulations, and 2023 is no exception. Among the most pressing issues: •The DOCX format filing requirements for new U.S. utility applications are delayed, but are still being implemented. •USPTO small entity/micro patent fees are being reduced. •Unitary Patents in Europe are finally coming into effect.

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Eyes on Europe: Six IP trends to watch in 2023

Managing IP

A new face at the EUIPO and, at last, the UPC. Managing IP considers the top IP issues to watch this year.

IP 52
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Happy Public Domain Day 2023

JD Supra Law

Each January 1 is Public Domain Day, which marks the entry of a fresh batch of copyrighted creative works into the United States public domain. Several prominent works will enter the public domain on Public Domain Day 2023, including the last of Sir Arthur Conan Doyle’s Sherlock Holmes stories and select literary works by Agatha Christie, Hermann Hesse, Ernest Hemmingway, and Virginia Wolff (to name just a few), as well as a number of notable film and musical compositions.

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U-Blox accuses InterDigital of ‘outrageous’ SEP holdup

Managing IP

A complaint filed on New Year’s Day accused InterDigital of threatening U-Blox customer relationships.

IP 52
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mRNA IP 2022 Year in Review: Pioneers Clash in Major Patent Litigations

JD Supra Law

Substantial patent litigation activity occurred in the mRNA space in 2022, involving nearly all of the major mRNA and lipid nanoparticle (LNP) pioneers. Since this is the most significant happening in this space with respect to IP in 2022, this post will provide an overview of that activity as well as a summary exposure analysis. By: Rothwell, Figg, Ernst & Manbeck, P.C.