Hugh Stephens Blog
JULY 28, 2023
I will confess to having kept a diary for many years. What started out as a way to keep track of holidays and so on became a persistent habit that I have been unable to break to this day.
Plagiarism Today
JULY 25, 2023
The state of North Carolina has repealed Blackbeard's law, which claimed copyright in certain works. However, the deeper issues remain. The post Scuttling Blackbeard’s Law appeared first on Plagiarism Today.
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Creative Law Center
JULY 22, 2023
Legal challenges to generative AI are on the rise. This post, an AI litigation update, is a snapshot in time looking at what is going on in two of the active cases. The post AI Litigation Update appeared first on Creative Law Center.
TorrentFreak
JULY 8, 2023
Traditionally, when copyright holders go after pirate sites, their main mission is to shut them down permanently. This strategy has resulted in the demise of thousands of websites over the past two decades. In some cases these shutdowns are easy, only requiring a cease and desist order to be delivered to the owner’s home address. In others, disputes can escalate into prolonged legal battles where judges or juries have the final say.
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?
Michael Geist
JULY 5, 2023
Canadian Heritage Minister Pablo Rodriguez has scheduled a press conference for later today to answer questions on the legislative mess that is Bill C-18. With Meta and Google announcing that they will block news sharing and links on their platforms before the law takes effect, the Canadian media sector stands to lose millions of dollars with lost links, the cancellation of dozens of existing deals , and a bill that might not generate any new revenues.
Technology & Marketing Law Blog
JULY 2, 2023
[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”.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Plagiarism Today
JULY 27, 2023
The rush is on to reliably detect AI writing. However, the goal is getting further away and may never be reached at all. The post The Current State of Detecting AI Writing appeared first on Plagiarism Today.
The IPKat
JULY 9, 2023
Under EU trade mark law, there is no express freedom of expression-based defence. But can third-party freedom of expression be safeguarded through the way in which the infringement test, notably the test for trade marks with a reputation and the notion of "due cause" (Article 9(2)(c) EUTMR ; Article 10(6) and (2)(c) EUTMD ), is construed? Freedom of expression is a fundamental right guaranteed under both Article 10 ECHR and Article 11 of the EU Charter.
TorrentFreak
JULY 2, 2023
More than forty years ago in the early eighties, Texas Instruments home computers were all the rage. The world wide web didn’t exist yet and most people interested in these new devices saw themselves as tinkerers or hackers. These original ‘hackers’ tried to put the hardware to use in ways that others hadn’t envisaged. This was also the case for a Canadian teenager named Gary Bowser, who founded the company “Oasis Pensive Abacutors” (OPA) in March of 1985, a f
IP Watchdog
JULY 6, 2023
On the evening of July 5, inventor advocacy group US Inventor hosted a webinar to discuss the Patent Eligibility Restoration Act (PERA) recently introduced into the U.S. Senate by Senators Thom Tillis (R-NC) and Chris Coons (D-DE). The featured guest speaker was Retired U.S. Court of Appeals for the Federal Circuit Chief Judge Paul Michel, who has been involved in the development of PERA’s draft legislative text and has personally supported PERA as an important step in “reviv[ing] the faltering
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The Illusion of More
JULY 7, 2023
We all know the mantra that says it’s better to ask forgiveness than permission. According to Quote Investigator, the earliest published version of this sentiment appeared in 1846, but QI’s editors believe the notion is older than that and cannot be attributed to any one source. Whatever its derivation or contexts in which it has […] The post Get AI Wrong and There Will Be Nothing to Forgive appeared first on The Illusion of More.
Hugh Stephens Blog
JULY 11, 2023
It seems that every day a new report emerges regarding concerns with artificial intelligence (AI) and how it will likely impact our lives. There have been dire suggestions that unless something is done, one day AI will take over, resulting in the end of humanity. There have equally been suggestions that, as with other technological … Continue reading "International Regulation of AI Development and Application: Is it Feasible?
Plagiarism Today
JULY 11, 2023
In a bid to learn about radicalization, two researchers performed a plagiarism analysis on an infamous person's manifesto. The post Studying Plagiarism to Understand Radicalization appeared first on Plagiarism Today.
Michael Geist
JULY 4, 2023
Evan Scrimshaw, who writes an engaging Substack primarily focused on Canadian politics, posted an interesting piece over the holiday weekend that linked the Toronto Raptors failure to resign guard Fred VanVleet and the reaction to Google and Facebook’s announcement that they plan to block news sharing or links as a result of Bill C-18. I liked the piece and it got me thinking about the parallels, leading to this post.
TorrentFreak
JULY 4, 2023
In recent years, pirate streaming platforms have surpassed torrent sites and direct download portals in terms of popularity. These portals offer the ‘on-demand’ convenience many people have grown accustomed to. For site operators, the streaming business also has its advantages. Piracy as a Service The streaming boom has created a new branch of pirate entrepreneurs that offer “piracy as a service” This includes platforms that provide access to a library of pirated content,
IP Watchdog
JULY 11, 2023
On July 11, the Council for Innovation Promotion (C4IP), released a policy report advocating for a pro-innovation legislative and administrative agenda to counteract a series of shocks to the U.S. patent system over the past two decades. This pro-innovation agenda has the direct support of several C4IP members who formerly held high-ranking government positions and are now calling on the federal government to correct several areas of patent law that have improperly tilted the playing field in fa
SpicyIP
JULY 1, 2023
Image by rawpixel.com on Freepik The Office of Controller General of Patents, Designs and Trademarks released the results for the 2023 Patent and Trademark Agent examinations. Of 1496 candidates who appeared for the Trademark Agent Exam, 167 had earlier qualified for the viva voice. Of these, 103 applicants have passed the exam. With regard to the Patent Agent Exam, of 5695 candidates who appeared for the examination, 716 had earlier qualified for the viva voice.
Patently-O
JULY 31, 2023
by Dennis Crouch Documents: FedCir Vanda Decision ; Vanda EnBanc Brief The Federal Circuit recently sided with the accused infringers Teva and Apotex, affirming the invalidation claims from four Vanda patents covering methods of using tasimelteon to treat circadian rhythm disorders. However, the patent owner has petitioned the court for en banc rehearing, arguing the panel improperly disregarded evidence of nonobviousness.
Plagiarism Today
JULY 13, 2023
Shein named in new copyright lawsuit, Italy takes aim at live event piracy, and the US Senate holds a hearing on AI and copyright. The post 3 Count: Fashion Disaster appeared first on Plagiarism Today.
JD Supra Law
JULY 28, 2023
In earlier times, the Federal Circuit, responding to efforts by the U.S. Patent and Trademark Office to reject patent applications directed to biotechnology-related inventions, held (In re Brana) that utility of such inventions did not require demonstration of therapeutic effectiveness, those determinations being the purview of the FDA. Among other things, that apportionment of responsibilities was reaffirmed, albeit under different procedural circumstances, in the Federal Circuit's decision in
TorrentFreak
JULY 1, 2023
The most dependable things in life tend to be the things most easily taken for granted. In the piracy ecosystem, that certainly applied to torrent site RARBG. RARBG was never likely to win any prizes for being the best-looking site with bleeding-edge features. Nor would its operators hope to win any. What the site did was what any indexer of any content should strive for; plenty of well-organized and readily searchable content, all of it supported by ancillary sources of complementary data, with
IP Watchdog
JULY 10, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision finding the Patent Trial and Appeal Board (PTAB) erred in too narrowly confining its motivation-to-combine inquiry and improperly limiting its definition of the relevant art to hold that Axonics, Inc. had failed to prove Medtronic, Inc.’s patent claims obvious.
SpicyIP
JULY 31, 2023
Image from here In a significant development, the Delhi High Court on July 24, 2023 passed a detailed order on ‘product-by-process’ patent claims in Vifor International Ltd. v. MSN Laboratories Pvt. Ltd and an r. With this order the court disposed of different interim applications filed in 4 suits (three suits were filed by Vifor and Emcure against MSN Labs, Dr.
The Trichordist
JULY 30, 2023
If you had a chance to watch the CLE panel that David Lowery, Mala Sharma and Chris Castle did for the University of Texas School of Law… Read more "I Grift Therefore I Am: Jared Polis Supports Silicon Valley’s “Speculative Tickets” Grift in Colorado"
Plagiarism Today
JULY 17, 2023
Last week, the fashion bran Shein was hit with a copyright and trademark lawsuit. However, the case also alleges racketeering. Why? The post Racketeering and Copyright: Understanding the Shein Lawsuit appeared first on Plagiarism Today.
JD Supra Law
JULY 27, 2023
The Patented Medicine Prices Review Board (PMPRB) recently published its Meds Pipeline Monitor 2022 report, which highlights medicines in the pipeline that may impact future clinical practice and drug spending in Canada if approved for sale.
TorrentFreak
JULY 9, 2023
To protect copyright holders, YouTube regularly removes, disables, or demonetizes videos that allegedly contain infringing content. While anyone can send a DMCA notice to the platform, most copyright actions come from the Content ID system that can only be used by a select group of copyright holders. For many years the number of claims rightsholders made on YouTube was unknown.
IP Watchdog
JULY 6, 2023
The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Apple’s June request that the court rehear a decision that effectively canceled the tech company’s application to register the trademark APPLE MUSIC. Apple had asked the court to rehear the case in order to direct the Trademark Trial and Appeal Board (TTAB) to narrow the services listed in the trademark application so that it could proceed to registration.
Velocity of Content
JULY 26, 2023
In a recent press release , CCC announced a significant enhancement to its innovative RightsLink for Scientific Communications (RLSC) workflow solution. The new update aims to streamline and optimize the processing of OA agreements within university library consortia, which can now seamlessly process these agreements, making it easier for researchers and institutions to access vital scientific content.
Copyright Alliance
JULY 27, 2023
On July 12, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing to discuss some of the issues and possible solutions relating to copyright and generative artificial intelligence […] The post Separating Fact from Fiction in the Senate IP Subcommittee’s AI Hearing appeared first on Copyright Alliance.
Plagiarism Today
JULY 19, 2023
A new ruling in the 9th Circuit was a major win for both Instagram and the server test. Here's what it means for both moving forward. The post Instagram and the Server Test Win 9th Circuit Challenge appeared first on Plagiarism Today.
JD Supra Law
JULY 28, 2023
Non-Fungible Trademark? How brand owners and content creators are transitioning their trademark rights to the metaverse, the problems that come up with adapting the law and these rights to the new technology.
TorrentFreak
JULY 5, 2023
Over the past several years, adult entertainment company Strike 3 Holdings has filed thousands of cases in U.S. federal courts. The company, known for its Blacked, Tushy, and Vixen brands, targets people whose Internet connections were allegedly used to download and share copyright-infringing content via BitTorrent. Track, Sue and Settle These efforts, often referred to as so-called ‘copyright-trolling’, are pretty straightforward.
IP Watchdog
JULY 9, 2023
Anyone reading this by now knows of the current situation with Judge Pauline Newman and the investigation initiated by Chief Judge Moore. As a former chief judge of the Court of Appeals for the Federal Circuit, I understand the challenges of overseeing smart, independent, and strong-willed judges, and I’ve gained a somewhat unique perspective on the ongoing saga, albeit as an outsider.
SpicyIP
JULY 25, 2023
We are pleased to inform you that the Chair on Intellectual Property Rights, National Law University, Delhi is inviting applications for the position of Research Assistant (Law). The last date to apply is August 05, 2023. For more detail please read the announcement below. Image from here Call for Applications – Research Assistant (Law) National Law University, Delhi (“University”) is seeking to engage, on a contractual basis, one full-time Research Assistant (Law) for Chair on Intel
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