Thu.Jun 29, 2023

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The Predictable Rise of Generative AI Spam

Plagiarism Today

A recent Newsguard report shines a light on the growth of AI spam news sites. Here's why Google has dropped the ball. The post The Predictable Rise of Generative AI Spam appeared first on Plagiarism Today.

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When the Irresistible Force of the Canadian Government Meets the Immovable Object of Meta and Google: What Happens Next for the Online News Act?

Hugh Stephens Blog

When an “irresistible force” meets an “immovable object”, the result is a classic paradox. That is, unless one of the two—or both—give way. If we assume the irresistible force is the Government of Canada in the form of Bill C-18, the Online News Act, and two giant internet platforms (Meta and Google) are the immovable … Continue reading "When the Irresistible Force of the Canadian Government Meets the Immovable Object of Meta and Google: What Happens Next for the Online News Act?

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3 Count: The Game of Life

Plagiarism Today

Appeals court uphold denial of attorney fees, alleged Movizland site operator arrested and Z-Library launches desktop client. The post 3 Count: The Game of Life appeared first on Plagiarism Today.

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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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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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U.S. Copyright Office Generative AI Event: Three Key Takeaways

IP Watchdog

On Wednesday, June 28, the United States Copyright Office (USCO) hosted a virtual event exploring guidance for registration of works containing generative artificial intelligence (AI) content. The hour-long event included a recap of the USCO’s previously released policy guidance and the Zarya of the Dawn partial registration refusal, staff walking through numerous examples of how AI technologies are being used, and a Q&A session consisting of pre-planned and live audience discussion.

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The Damage Continues to Grow: Meta Begins Cancelling Existing Media Deals In Light of Bill C-18

Michael Geist

The damage caused by the government’s Bill C-18 continues to grow as Meta has started to cancel its existing agreements with Canadian publishers. The move should not come as a surprise since any deals that involve facilitating access to news content would bring the company into the legislative framework and mandate payments for links. Indeed, Meta said earlier this week that its 18 existing deals “ did not have much of a future.

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Court Sentences YouTube Content ID Scammer to Over Five Years in Prison

TorrentFreak

YouTube’s Content ID system helps rightsholders and content creators prevent copyright infringement. Copyright holders can either remove problematic content from the video platform, or they can choose to monetize it. Monetization is preferred in many cases and can be quite lucrative. Over the years, the Content ID platform has generated more than $9 billion in ‘claimed’ advertising revenue.

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Copyright in the Bitcoin File Format: a question of content over structure

Kluwer Copyright Blog

Summary In the case of Wright & Ors v BTC Core & Ors [2023] EWHC 222 the High Court was faced with a technical copyright question about whether literary copyright can subsist in the file format used for the Bitcoin System (the “ Bitcoin File Format ”). Justice Mellor concluded that copyright could not subsist in the Bitcoin File Format because there was no evidence that the file format had been recorded in a manner that was identifiable.

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Re-Assignment of Copyright – Conflicting Claims on the Interpretation of Long-Form Agreements

SpicyIP

Image from here On June 5, 2023, the Bombay High Court, in a joint order passed in Super Cassettes v. RBEP and Hungama Digital Media v. RBEP clarified that the termination of an agreement because of non-payment of dues would in itself not result in the copyright being re-assigned to the original assignor. The Court also emphasized the need for a written document, i.e., the re-assignment deed executed in writing, as a pre-requisite for re-assigning copyright.

Copyright 101
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The Managing Metadata Series: Research Idea Development and Proposal Preparation

Velocity of Content

Researchers, institutions, funders, and publishers all face challenges across the metadata management lifecycle. These challenges make it difficult for stakeholders in the scholarly communications ecosystem to easily find collaborators, authenticate to content, and access Open Access funding. To help the scholarly communications community address this issue, CCC and Media Growth Strategies teamed up to study metadata management across the research lifecycle.

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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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SCOTUS Says Lanham Act Does Not Reach Extraterritorial Infringement

IP Watchdog

The U.S. Supreme Court (SCOTUS) ruled today in Abitron Austria v. Hetronic International that Sections 1114(1)(a) and 1125(a)(1) of the Lanham Act are not extraterritorial in nature and that “‘use in commerce’ provides the dividing line between foreign and domestic applications of these provisions.” The decision of the U.S. Court of Appeals for the Tenth Circuit, which upheld a $96 million damages award for Hetronic, was thus vacated and remanded.

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5 Questions About Avoiding Fatal Debtor Name Mistakes on UCC Financing Statements

Cogency Global

What this is: After a successful webinar on how to avoid fatal debtor name mistakes on UCC financing statements, participants had additional questions following the webinar. Thankfully, we have Despina Shields to answer them. What this means: If you didn’t get a chance to attend, you can always watch it on demand at this link. Regardless of your attendance, here are some questions that were asked and answered post-event that may be helpful for UCC filers.

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10th Circuit endorses presumption of Lanham Act false advertising injury in mostly two-player market

43(B)log

Vitamins Online, Inc. v. Heartwise, Inc., F.4th -, 2023 WL 4189604, Nos. 20-4126, 21-4152 (10th Cir. Jun. 27, 2023) Proceedings below most recently blogged here. Vitamins Online sued Heartwise under the Lanham Act and Utah’s Unfair Competition Law for false advertising about the ingredients of its competitive nutritional supplements and manipulating those products’ Amazon reviews.

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ChatGPT Is 'Trained' Using Copyrighted Books, Authors Say

IP Law 360

OpenAI is profiting from authors' stolen works as its ChatGPT scoops up copyrighted materials as part of its "training," according to a new proposed class action in California federal court over the artificial intelligence company's practice of harvesting information from across the internet.

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Mootness Requires Covenant Not to Sue to Be Unconditional and Irrevocable

JD Supra Law

Addressing a district court decision finding no trade secret misappropriation, the US Court of Appeals for the Fourth Circuit agreed that the alleged trade secret holder had failed to moot the case because its covenant not to sue was both conditional and revocable. Synopsys, Inc. v. Risk Based Security, Inc., Case No. 22-1812 (4th Cir. June 15, 2023) (Agee, Rushing, Dawson, JJ.).

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Most Of Vogue's TM Opposition Came Too Late, TTAB Finds

IP Law 360

Vogue magazine's owner has failed to completely sink a consumer electronics company's bid to register the mark "eVogue" after a Trademark Trial and Appeal Board panel found that the publisher unduly waited over a decade to express concerns of consumer confusion.

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Implementation through collaboration: Actualising recent copyright reforms in African countries

The IPKat

This Kat's father had one Igbo proverb that he liked to quote to emphasise the power of collaboration. a nyụkọ mamịrị ọnụ, ọ gba ụfụfụ (literal translation: when we urinate together on the same spot, it foams). There are variations of this proverb in the very popular African saying : if you want to go fast, go alone; if you want to go far, go together.

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High Court Makes It Harder To Stop Foreign Counterfeit Goods

IP Law 360

The U.S. Supreme Court's decision Thursday that federal trademark law cannot be applied to foreign conduct creates new hurdles for American brand owners seeking to curtail infringement and counterfeiting and leaves many open questions for lower courts to address, attorneys say.

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Texas Court of Appeals Dismisses Trade Secret Case Against Defendant for Lack of Personal Jurisdictional

Trading Secrets

Establishing jurisdiction over a defendant is critical in every lawsuit. Trade secret cases are certainly no different. A recent appellate decision from Texas underscored this important point by dismissing a plaintiff’s claim against a defendant – who did not even deny that he received misappropriated trade secrets – for lack of jurisdiction. The case is Joe Formicola v.

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Redditors Agree To Settle SatoshiStreetBets Crypto TM Suit

IP Law 360

A New York federal judge on Wednesday agreed to toss a trademark dispute launched by a Reddit forum moderator against a group of cryptocurrency sellers after the parties told the court they had settled.

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[Audio] ChatGPT Risks for Compliance Programs

JD Supra Law

ChatGPT is, like the movie title, seemingly everywhere, all the time, and all at once. Individuals and corporations have rushed to embrace it, sometimes with great results, other times, not so much. For better or worse, ChatGPT and other AI-driven solutions are here to stay, and with it comes a host of new risks to manage. In this podcast, Lauren Kornutick, Director Analyst, Legal and Compliance at Gartner shares the findings of recent research the firm conducted on ChatGPT.

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2nd Circ. Won't Revive Models' TM Claims Against NY Clubs

IP Law 360

The Second Circuit on Wednesday refused to revive a lawsuit against two New York nightclubs over their use of images of models on social media, saying the women who brought the Lanham Act false endorsement claims aren't recognizable enough for the posts to confuse consumers.

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Cultural appropriation: are there legal mechanisms to stop this from an intellectual property standpoint?

Garrigues Blog

Trying to provide effective, balanced and adequate protection of traditional cultural expressions and recognizing the intellectual property rights that local communities and indigenous peoples hold with regard to those expressions pose a real challenge in legal terms. It is common knowledge that using a trademark, a patent or a design of another business may cause an infringement of intellectual property or industrial property rights, or even an act of unfair competition.

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@Moonalice: Do a Good Turn for Stanley Mouse

The Trichordist

The legendary poster artist Stanley Mouse had a stroke and needs help with his recovery so he can draw again.

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Court Denies Motion for Preliminary Injunction in Biogen v. Sandoz Natalizumab BPCIA Litigation

LexBlog IP

As we previously reported , Biogen sued Sandoz and Polpharma (“Defendants”) in a BPCIA litigation related to Defendants’ natalizumab biosimilar. On October 19, 2022, Biogen filed a Motion for Preliminary Injunction and Motion to Strike, while Sandoz filed a Cross Motion to Strike. Oral argument was held on May 17, 2023. On June 20, 2023, in a sealed filing, the Court denied Biogen’s Motion for Preliminary Injunction and Motion to Strike, and also denied Sandoz’s Cro

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Gibson Dunn 'Cavalier' About Shearman Conflict, Viasat Says

IP Law 360

Gibson Dunn & Crutcher LLP has taken a "cavalier" approach to a conflict arising from its hiring of a Shearman & Sterling LLP attorney, California telecom company Viasat Inc. said in urging a Texas federal court to disqualify the firm from representing digital storage company Western Digital Technologies in a patent dispute.

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Interesting Patents | Spotify’s Groundbreaking Descriptive Search and Personalized Playlist System

LexBlog IP

Interesting Patents | Spotify’s Groundbreaking Descriptive Search and Personalized Playlist System by Founders Legal The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation. In our Interesting Patents series, we highlight exciting US patent applications and patents recently issued by the USPTO.

Patent 52
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Meet Robert Wald! Our Newest Summer Associate at Stock Legal

Stock Legal Blog

Hi everyone, my name is Robert Wald and I am thrilled to be joining Stock Legal as a Summer Litigation Associate! I just finished my first year of law school at the University of Missouri-Kansas City and hope to one day work as a corporate litigator, as well as pursue my interests in real estate law. I am excited for the opportunity to work with the many talented attorneys here at Stock Legal and look forward to learning from them about their respective expertise across different facets of law.

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Experts Walk the Line: Avoiding Exclusion of Testimony as Legal Opinions

JD Supra Law

Let's face it: Enterprise data is growing in size, diversity, and dynamism at such a rate that working against this new paradigm, rather than with it, simply won't be effective. Instead, a rising number of companies are opting for a forward-thinking, proactive eDiscovery approach, pivoting toward 'moving left' on the Electronic Discovery Reference Model (EDRM).

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Meet Leia White! Our Newest Summer Associate at Stock Legal

Stock Legal Blog

Help us welcome Leia White, our talented summer associate who will be joining us for an exciting internship this summer. Get to know her background, skills, and what she brings to our team.

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MetaBirkins Post-Trial Ruling Clarifies Line Between Trademark Infringement and Free Expression and Grants Broad Injunctive Relief

JD Supra Law

On Friday, June 23, 2023, Judge Jed Rakoff issued a highly anticipated decision, permanently enjoining artist Mason Rothschild from selling “MetaBirkin” NFTs, which depict furry, digital versions of the Hermès signature Birkin handbag. The ruling followed a jury trial and unanimous verdict finding Rothschild violated Hermès’s trademark rights in the “Birkin” mark.

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Texas Court of Appeals Dismisses Trade Secret Case Against Defendant for Lack of Personal Jurisdictional

LexBlog IP

Establishing jurisdiction over a defendant is critical in every lawsuit. Trade secret cases are certainly no different. A recent appellate decision from Texas underscored this important point by dismissing a plaintiff’s claim against a defendant – who did not even deny that he received misappropriated trade secrets – for lack of jurisdiction. The case is Joe Formicola v.

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Supreme Court Limits The Parody Defense In Trademark Infringement Claims

JD Supra Law

The U.S. Supreme Court, in a unanimous decision, vacated a decision by the Ninth Circuit that in effect barred trademark infringement and dilution claims against the use of a trademark that parodies the plaintiff’s trademark. In so doing, the Court made it clear that the “Rogers Test,” a standard developed by the Second Circuit to identify protected fair use of trademarks in “artistic works,” does not apply if the alleged infringer is using another’s trademark “as a mark” to identify and.

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Smooth Sailing Ahead: Mastering the Requirements of Florida’s Boating Safety Act

LexBlog IP

Embarking on a boating adventure along the picturesque waters of Florida’s coastline is a dream come true for many. However, the recent enactment of Senate Bill 606 , known as the “Boating Safety Act of 2022,” has brought about significant changes for bareboat charter companies operating in the state. One crucial aspect of this legislation revolves around insurance requirements, mandating that these companies obtain and carry policies that protect both their operations and the

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Minister of Health releases statement on drug and other health product shortages

JD Supra Law

On June 5, 2023, the Minister of Health released a statement on drug and other health product shortages, providing an update on actions being taken aimed at minimizing shortages and their impacts.

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