April, 2023

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Pirate Streaming Giant Pobre.tv Was Bigger Than Netflix, Now It’s Gone

TorrentFreak

Two years ago, the Motion Picture Association (MPA) reported the Portuguese streaming site MrPiracy to the U.S. Trade Representative. The Hollywood anti-piracy group described the site as a notorious pirate operation that should be dealt with accordingly. Whether this diplomatic lobbying effort had a direct effect is not clear, but MrPiracy.top shut down a few weeks later.

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Newman Strikes Back in Letter Calling for Moore’s Investigation to be Transferred

IP Watchdog

The New Civil Liberties Alliance (NCLA), the firm representing U.S. Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman in CAFC Chief Judge Kimberly Moore’s bid to oust her from the court, sent a letter today to the CAFC Chief Judge calling for the case to be transferred to a new circuit. The letter charges that Moore has ordered that no new cases be assigned to Newman, that the complaint Moore identified against her “contains basic errors of fact”, and that Newman was not affor

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Government Departments Pressure Social Media Sites to Censor News Links, Mean Tweets

Michael Geist

The risks associated with the government’s online harms (or online safety) plans is not limited to Canadian Heritage’s credibility gap, which as I’ve recounted has included omitting key information in its public reports on consultations and shocking efforts to exclude contrary voices altogether. A new report, based on the government’s response to a Parliamentary Written Question from Conservative MP Dean Allison ( Sessional Paper No. 8555-441-1219) raises new concerns about efforts t

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Pro-Patent Panel Tells Senate IP Subcommittee It’s Time for a Better IP Strategy

IP Watchdog

The Senate Judiciary Committee’s Subcommittee on Intellectual Property held a hearing today featuring a panel of patent-savvy witnesses to underscore the crucial role intellectual property plays in the U.S. economy and to define the biggest threats to IP rights, both foreign and domestic. The conclusion of most panelists as to what one step is most important in reestablishing the United States as an IP powerhouse was that we need to clean up our own IP system at home in order to even begin addre

IP 136
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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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2023 Federal Circuit Case Summaries

Intellectual Property Law Blog

We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023. Click here to read more.

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Canadian Copyright Registration for my 100 Percent AI-Generated Work

Hugh Stephens Blog

Thank you CIPO (Canadian Intellectual Property Office). Last week I indicated in my blog post (“Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much?”) that I would be seeking to register with CIPO the copyright on a work fully generated by AI platforms DALL-E2 and ChatGPT.

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The next frontier in risk efficiency

McKinsey Operations

As global risks increase and economic uncertainty persists, the risk functions within the financial services industry must continue to evolve talent to ensure organizational resiliency.

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The Bill C-11 Compromise That Never Came

Michael Geist

The long legislative road of Bill C-11 comes to an end later today as nearly 2 1/2 years after the original Bill C-10 was first tabled in the House of Commons by then-Heritage Minister Steven Guilbeault, the Senate will vote to approve the bill. I’ve been asked repeatedly this week about what now lies ahead, but I think it is worth one more look back.

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WIPO publishes Guide to Patent Case Management for Judges

The IPKat

BusyBee - part Kat, part bee, all honey, no sting With spring slowly awakening northern Europe, the AmeriKat's friend, BusyBee, is starting to emerge and with it he brings news of a new WIPO publication. Last Friday, WIPO published An International Guide to Patent Case Management for Judges. The Guide, which is billed as " comprehensive and, at the same time, accessible " sets out the different stages of patent litigation in 10 patent jurisdictions including Australia (led by Justice (ret) Annab

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Celebrity “Faces Off” Against Deep Fake AI App Over Right of Publicity

Intellectual Property Law Blog

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. These are not the only legal issues that can arise. Another GAI issue that has arisen with various applications involves the right of publicity.

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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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Beware the Law of Unintended Consequences: The Push for Statutory Remuneration for Korean Writers and Directors Working on Streaming Projects could do more Harm than Good

Hugh Stephens Blog

Copyright is very simple as a concept yet can be quite complex when it comes to actual implementation. This is why careful negotiation of contractual terms is important for rights-holders.

Law 246
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Legit Torrents Shuts Down After 17 Years

TorrentFreak

Over the years, we have reported on the demise of hundreds of torrent sites. Many of them folded due to legal pressure. This week yet another site bites the dust; one that has been around since 2005, when the likes of TorrentSpy and Mininova ruled the scene. While those two giants would eventually succumb to legal pressure, Legit Torrents kept on going.

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Cybersecurity for the IoT: How trust can unlock value

McKinsey Operations

For today’s fragmented Internet of Things (IoT) to reach its potential as a fully interconnected ecosystem, the answer may lie in the convergence of cybersecurity and the IoT.

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Why the Government Should Hit the Regenerate Button on its AI Bill

Michael Geist

As anyone who has tried ChatGPT will know, at the bottom of each response is an option to ask the AI system to “regenerate response”. Despite increasing pressure on the government to move ahead with Bill C-27’s Artificial Intelligence and Data Act (AIDA) , the right response would be to hit the regenerate button and start over. AIDA may be well-meaning and the issue of AI regulation critically important, but the bill is limited in principles and severely lacking in detail, leaving virtuall

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When Camembert went to war

The IPKat

This Kat continues her discussion on how wars affect geographical indications (GIs), this time, how World War I changed the history of camembert, one of the France’s most famous cheese, both for the good (the building of a broad-based reputation) and for the bad (laying the seeds for the ultimate genericization of the product name). Camembert is a soft and creamy cheese, made from cow’s milk.

Contracts 139
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Copyright Office Guidance on AI

Intellectual Property Law Blog

The U.S. Copyright Office (“Office”) has published guidance on its policy and practices for examining and registering works that contain material generated by the use of artificial intelligence technology. Some of the key points include the following: Copyright can protect only material that is the product of human creativity – the term “author,” which is used in both the Constitution and the Copyright Act, excludes non-humans In the case of works containing AI-generated material, the Office w

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Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much?

Hugh Stephens Blog

It’s finally April. That means that summer can’t be that far behind, can it? Dreams of sitting down at the dock with a cold one in hand, watching the sunset while the loons trill in the twilight. That’s what the idyllic image above conveys. I’ve even written a poem—well doggerel verse actually—to accompany the image. … Continue reading "Copyright Registration for AI-assisted Creations: How Much AI Input is Too Much?

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Nintendo ‘Hacker’ Gary Bowser Released From Federal Prison

TorrentFreak

In the fall of 2020, the U.S. Government indicted three members of the infamous Team Xecuter group, the masterminds behind various Nintendo hacks. The group allegedly made millions of dollars through its operation, which effectively shut down shortly after the criminal proceedings started. The authorities arrested Canadian Gary Bowser in the Dominican Republic and Frenchman Max Louarn was detained in Tanzania.

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What is business transformation?

McKinsey Operations

Business transformations are designed to boost overall performance through increased revenue, lower operating costs, and better customer satisfaction and workforce productivity.

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Synthesis versus Innovation: A Practical Guide to Protecting IP When Using AI Technology

IP Watchdog

Current artificial intelligence (AI) systems can generate an astonishing variety of content, including text-based works, audio, video, images, programming code, product designs, technical papers, etc. In many cases, the output from an AI system is virtually indistinguishable from that of a human. This trend is expected to continue at an ever-increasing rate in the coming years.

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[Guest post] Virtual wars: Exploring legal boundaries in the gaming world

The IPKat

The IPKat has received and is please to host the following contribution by Katfriends Jakob Plesner Mathiasen and Paul Sina (both Gorrissen Federspiel Denmark) concerning IP and gaming. Here’s what they write: Virtual wars: Exploring legal boundaries in the gaming world by Jakob Plesner Mathiasen and Paul Sina The HBO series "The Last of Us" has taken the world by storm, as it explores a post-apocalyptic world ravaged by the Cordyceps fungus.

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Minnesota’s Attempt to Copy California’s Constitutionally Defective Age Appropriate Design Code is an Utter Fail (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Jess Miers, Legal Advocacy Counsel at Chamber of Progress [Eric’s intro: last year I blogged about Minnesota’s flirtation with mandatory age verification. That proposal died, but it’s a new year and legislatures around the country are back with a bumper crop of proposals to kill the Internet.] This year is a glaring reminder of the consequences of passing terrible Internet policy through state legislatures.

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Women, Literature, and Copyright: Holding up Half the Sky (World IP Day)

Hugh Stephens Blog

There is a well-known Chinese saying, attributed to Mao Zedong, that “women hold up half the sky”.

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‘Youtube-dl Hosting Ban Paves the Way to Privatized Censorship’

TorrentFreak

In 2020, the RIAA infuriated many players in the open source community by targeting YouTube-ripping tool youtube-dl. The RIAA sent a takedown notice to GitHub, alleging that the software bypassed technological protection measures, in violation of the DMCA. GitHub initially complied but later changed course. After consulting legal experts, including those at the EFF, it restored the youtube-dl repository.

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Exploring opportunities in the generative AI value chain

McKinsey Operations

Generative AI is giving rise to an entire ecosystem, from hardware providers to application builders, that will help bring its potential for business to fruition.

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Optics Terrible for Moore in Newman Investigation

IP Watchdog

On Wednesday, April 12, IPWatchdog was first to break the news that U.S. Court of Appeals for the Federal Circuit Chief Judge Kimberly Moore has identified a judicial complaint against Judge Pauline Newman under the Judicial Conduct and Disability Act. In response to IPWatchdog’s report and subsequent reporting by other news outlets, the court on Friday issued a statement confirming the information provided by IPWatchdog’s sources and making the previously sealed documents public.

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CJEU rules that broadcasting music on a plane or train is a communication to the public, but installing relevant equipment isn’t

The IPKat

Is it an act of communication to the public under Article 3 of the InfoSoc Directive to broadcast music on board of a train or a plane? And what about installing equipment allowing the subsequent broadcasting of music? After hotel rooms , spas , rehabs , dentist waiting rooms , and rental cars , yesterday it was time for the Court of Justice of the European Union (CJEU) to answer these vexed questions with reference to such transport means.

Music 130
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Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski v. Binance

Technology & Marketing Law Blog

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. (Age “assurance” requires the business to distinguish children from adults, but the methodology to implement has many of the same characteristics as age verification–it just needs to be less precise for anyone who isn’t around

Privacy 126
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Importance of Due Diligence for Patent Practitioners and the US/China Economic War

Patently-O

by Dennis Crouch 37 C.F.R. § 11.18(b) imposes crucial responsibilities on patent applicants, attorneys, and agents. Documents submitted to the USPTO implicitly certify that: Statements made are true or are are believed to be true (based upon information and belief) and do not include any attempt to conceal a material fact; and That a reasonable inquiry was conducted to confirm that: (i) statements have no improper purposes, (ii) legal contentions are supported by existing law or valid arguments

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1337x’s Search is Broken, Can’t Find Recent Torrents

TorrentFreak

1337x.to is the go-to destination for many seasoned BitTorrent users. The site has been around for fifteen years and is home to many reputable uploaders. Over the years 1337x has steadily climbed through the ranks, building a stable and loyal userbase. With over 60 million monthly visits to its main domain name, 1337x is currently the second most used torrent site , trailing only behind YTS.mx, while beating The Pirate Bay.

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Helping banks think like tech companies

McKinsey Operations

Mambu co-founder Eugene Danilkis talks about how banks can approach core technology transformation and keep up with the fast pace of change, then offers his take on the future of human interaction.

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Europe’s Schizophrenia on Standard Essential Patents

IP Watchdog

The European Union is reportedly considering sweeping new regulations for the licensing and litigation of standard essential patents (SEPs), which make fair-minded observers wonder whether any sane adults are in charge at the European Commission (EC). The EU’s proposed new regulatory regime is scheduled to be released on April 26 by the Directorate for the Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) of the European Commission (EC).

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[Guest Post] Nigerian's new Copyright Act 2022: how libraries can benefit

The IPKat

The IPKat has received and is pleased to host a guest contribution by Desmond Oriakhogba on the new Copyright Act 2022 signed into law by Nigeria's President. Here’s what Desmond writes: Nigeria's new Copyright Act 2022: how libraries can benefit by Desmond Oriakhogba Background In October 2021, I wrote about the Nigerian copyright law reform process.

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Celebrity “Faces Off” Against Deep Fake AI App Over Right of Publicity

JD Supra Law

Generative AI (GAI) applications have raised numerous copyright issues. These issues include whether the training of GAI models constitute infringement or is permitted under fair use, who is liable if the output infringes (the tool provider or user) and whether the output is copyrightable. These are not the only legal issues that can arise.

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Guidance on Patenting Inventions with AI Contributions

Patently-O

The following are my remarks given on April 25, 2023 to the USPTO as part of their AI listening session: by Dennis Crouch Members of the USPTO, and fellow participants of this AI Listening Session, thank you for inviting me here today and for taking time to consider these important issues. I want to also thank the prior speakers who have done a great job laying out many of the issues.

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