September, 2022

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How are the First Copyright Claims Board Cases Ending?

Plagiarism Today

The Copyright Claims Board (CCB) is the new copyright small-claims court that was introduced in the CASE Act, which as passed in December 2020. The court itself has been open since June of this year and, as of this writing, some 151 cases have been filed with it. Of those 151 cases, some 11 are already closed. To be clear, none of the cases before the CCB have actually been decided by the board itself.

Copyright 276
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Bill C-11 Goes Off The Rails Amid Charges of Witness Intimidation and Bullying by Government MPs

Michael Geist

The Senate Bill C-11 hearings have provided a model for the much-needed, engaged, non-partisan inquiry that was largely missing from the House committee’s theatrics in which the government cut off debate on over 150 amendments. But this week those hearings attracted attention for another reason: serious charges of witness intimidation and bullying by government MPs, most notably Canadian Heritage Parliamentary Secretary Chris Bittle (yes, the same Bittle who last month suggested I was a racist a

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Cloudflare Vows to Fight Global 1.1.1.1 DNS Blocking Orders

TorrentFreak

Website blocking has become an increasingly common anti-piracy tool around the globe. In dozens of countries, ISPs have been ordered by courts to block pirate sites. In some cases, these blocking efforts are part of voluntary agreements. Cloudflare ‘Pirate’ Blocking Orders. In the United States, these types of injunctions are rare. However, since the Internet has no clear borders, the effects sometimes spill over.

Reporting 145
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Reducing food loss: What grocery retailers and manufacturers can do

McKinsey Operations

An estimated $600 billion worth of food is lost during or just after harvest. Can manufacturers and grocers do anything about it? Definitely—and it will be good for business, people, and the planet.

Business 145
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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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EUIPO on trade marks and designs in the metaverse

The IPKat

Over the past few years, there has been an increased interest in the metaverse (see IPKat posts here ) and NFTs , non-fungible tokens (see IPKat posts here ). From a trade mark perspective, the appropriate classification of goods and services has also been in the spotlight. In this sense, the European Union Intellectual Property Office ( EUIPO ) published in June 2022 the practical approach taken for classification purposes (see IPKat post here ).

Designs 144
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TransUnion Hit With $18M Verdict In Source Code Dispute

IP Law 360

A Cleveland federal jury on Friday said TransUnion LLC should pay $18.3 million to a Northeast Ohio startup that claimed the credit reporting giant held its source code hostage after terminating a business agreement, allegedly preventing the startup from making money with its idea elsewhere.

Reporting 131

More Trending

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The Bill C-11 Hearings Are Back, Part Four: The Risks of a Trade Challenge and Tariff Retaliation

Michael Geist

The first three posts in this series on Bill C-11 have focused on the risks of regulating user content , the risks to Canadian creators , and the risks of increased consumer costs and less competition. Today’s post identifies another risk with the bill: the prospect of a trade challenge under the CUSMA that could lead to billions on tariff retaliation that target some of Canada’s most important economic sectors.

Designs 138
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Google Removes YouTube Rippers from UK Search Results

TorrentFreak

Last year, the UK music industry claimed a major victory in its fight against online piracy. Following a two-year process initiated by the British Recorded Music Industry Ltd (BPI) and Phonographic Performance Ltd (PPL), the High Court ordered major ISPs to block access to several YouTube rippers. The order aims to make these sites, including Flvto and 2Conv, harder to reach.

Music 145
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Web3 beyond the hype

McKinsey Operations

While buffeted by the recent market downturn and bankruptcies, digital assets and the technologies underlying them still have the potential to transform business models across sectors.

Marketing 143
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Refusal of domestic authorities to enforce copyright breaches human rights, says ECtHR

The IPKat

Is a country’s failure to ensure the protection of IP rights a breach of human rights, more precisely the right to the peaceful enjoyment of one’s own possessions under Article 1 of Protocol No. 1 to the European Convention of Human Rights (ECHR) ? This is what the European Court of Human Rights (ECtHR) had been asked to consider in Safarov v Azerbaijan (Application no. 885/12).

Copyright 144
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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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The Language of Patents (Part I): Equipping Patent Applications for Pre-and Post-Grant Success

IP Watchdog

Patents that are expected to protect a company’s most valuable innovations must stake a claim to that innovation and be equipped to defend it. This is because being worthy of patent protection doesn’t guarantee that an application’s claims to an innovation will not be rejected and rights to that innovation jeopardized. A major reason for this is that an examiner’s interpretation of a claim drawn to an innovation that may be worthy of patent protection may cause them to determine that the subject

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Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice–Alkutkar v. Bumble

Technology & Marketing Law Blog

Alkutkar used the dating app Bumble. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble successfully redirects the case to arbitration based on its TOS. Alkutkar joined Bumble in 2016. In January 2021, Bumble sought to add an arbitration clause to its TOS. It communicated the amendments via an email notice and a “blocker card” that users encountered when they opened up the app: [The court includ

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Supreme Court on Patent Law for October 2022

Patently-O

by Dennis Crouch. It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. A quick recap: Despite dozens of interesting and important cases, the Supreme Court denied all petitions for writ of certiorari for the 2021-2022 term. The most anticipated case last year was the 101 eligibility petition regarding automobile drive shaft manufacturing process.

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Cloudflare Rejects Role as Internet or Piracy Police

TorrentFreak

In 2017, Cloudflare CEO Matthew Prince decided to terminate the account of the controversial neo-Nazi site Daily Stormer. “I woke up this morning in a bad mood and decided to kick them off the Internet,” he wrote at the time. The company’s lawyers later explained that the move was meant as an “intellectual exercise” to start a conversation regarding censorship and free speech on the internet.

Copyright 145
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Securing Europe’s competitiveness: Addressing its technology gap

McKinsey Operations

Even amid war in Europe and the energy and cost of living crisis that has resulted, the region needs to pay attention to its slow-motion corporate and technology crisis.

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IP as a political instrument in Russia

The IPKat

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws.

IP 132
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Flawed Scheme to Lower Prescription Drug Prices Would Do the Opposite

IP Watchdog

The waning days of summer signal the approaching midterm election season. Amid inflation, recession and voter discontent, it’s understandable that a group of congress members are anxious to put points on the board with a price-control scheme that they wrongly believe will lower prescription drug prices. Though the goal is laudable, their approach would prove disastrous to American innovation while failing to deliver anything but higher prices for American consumers.

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Tips for Avoiding Copyright Infringement

The IP Law Blog

Copyright protection automatically attaches to a work when it is created. Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Copyright law “protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

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An Open Letter from a Copyright Nerd to About 300 Authors

The Illusion of More

Dear Authors (“the undersigned”): It’s not your fault. You mean well. But you are simply wrong to have signed that letter—the one written and orchestrated by Fight for the Future (FFTF), which misrepresents the case Hachette et al., v Internet Archive as an attack on libraries. If I were not a copyright nerd, and I […]. The post An Open Letter from a Copyright Nerd to About 300 Authors appeared first on The Illusion of More.

Copyright 120
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U.S. Pressured Taiwan to Ban Pirate TV Boxes But China’s Not Too Interested

TorrentFreak

When the Google-sponsored Open Handset Alliance launched its Android operating system, few could’ve predicted its future role in the piracy ecosystem. With competing Apple products locked down, less restrictive Android devices eventually became the weapon of choice for developers, especially those with less conventional applications in mind. The new age of piracy that followed evolved beyond the obvious Android characteristic of mobility and led to a global phenomenon of cheap, static set-

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Data ethics: What it means and what it takes

McKinsey Operations

Every company must establish its own best practices for managing its data. Here are five pitfalls to avoid based on our conversations with experts and early adopters.

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Defining a medical device as a product-by-process (T 1869/19)

The IPKat

The decision in T 1869/19 relates to the patentability of a medical device defined in a patent according to its method of manufacture, in the form of a "product-by-process" claim. The decision highlights the difficulty and limitations of the product-by-process claim format, and raises questions as to the value to innovators of this type of claim format.

Art 131
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IP Leaders Join Forces to Counter Anti-IP Narratives

IP Watchdog

A new intellectual property (IP) organization launched today will be headed by former vice president of U.S. policy at the U.S. Chamber of Commerce's Global Innovation Policy Center (GIPC), Frank Cullen, and features a Board of Directors comprised of bipartisan frontrunners in the IP realm. The Council for Innovation Promotion (C4IP) will aim to educate on the importance of innovation to the U.S. economy at a high level, and to fill the void its creators say exists with respect to clarifying the

IP 124
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Fortnite Emotes Don’t Infringe Dance Choreography–Hanagami v. Epic

Technology & Marketing Law Blog

Kyle Hanagami is a choreographer. He made a video called “ How Long ” featuring his choreography. It now has 36M+ views. Fortnite offered an emote called “It’s Complicated.” “Ten of the poses in the video and the emote are the same.” Hanagami sued Epic for copyright infringement. The court shows the moves at issue side-by-side: There is no doubt that Fortnite “copied” the video.

Copyright 120
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AI / ML medical devices, regulation and sunrise in the West

SpicyIP

Image from here. Policy makers have often been caught off guard with new age technology. Technology emerges and evolves rapidly and regulations are slow to catch up. This cat and mouse game continues with another fast emerging and disruptive technology – AI / ML based medical devices. The US and EU are seeing waves of regulatory and policy level curiosity in AL / ML medical devices.

Marketing 118
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Football Fans Turn Pirate as Another Legal Streaming Service Falls Over

TorrentFreak

Legal streaming services offering access to top tier football in Europe have a few unique selling points over piracy platforms. Perhaps most importantly, people who subscribe to legal services help to keep the game alive. They support the clubs they love, they support the players, and allow broadcasters to get a return on the money they invested in TV rights.

Reporting 143
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Economic conditions outlook, September 2022

McKinsey Operations

In stormy weather, survey respondents maintain realism about the global economy. While geopolitical conflicts and inflation remain top of mind, concerns about energy volatility predominate in Europe.

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Tedious Anti-Copyright Stance of EFF is Not About Protecting Anyone

The Illusion of More

Welp (as the kids say), it looks like Katherine Trendacosta of the Electronic Frontier Foundation (EFF) found an old PowerPoint deck from 2012 and used it to write a new post ominously titled Hollywood’s Insistence on New Draconian Copyright Rules Is Not About Protecting Artists. Typical of the EFF playbook, Trendacosta devotes an entire post […].

Copyright 116
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CAFC Affirms Merck’s Win at PTAB over Mylan Challenge to Diabetes Treatment Claims

IP Watchdog

In its third precedential patent opinion this week, the U.S. Court of Appeals for the Federal Circuit (CAFC) earlier today upheld a Patent Trial and Appeal Board (PTAB) decision finding that Mylan Pharmaceuticals, Inc. failed to show that certain claims of Merck Sharp & Dohme Corp.’s patent for a Type 2 Diabetes treatment were anticipated or would have been obvious over the cited prior art.

Art 122
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Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

Technology & Marketing Law Blog

This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). The plaintiffs’ “claims are based on Apple’s part in authorizing and negligently distributing a ‘phishing’ / ‘spoofing’ app in its App Store, the Toast Plus application, while continuing to affirmatively repres

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 6, Issue 1 [Submit by October 1]

SpicyIP

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VI, Issue I). The last date for submissions is October 1, 2022. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.

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Five Men Indicted For Uploading Movies & Then Extorting ‘Pirate’ Downloaders

TorrentFreak

So-called copyright trolls come in all shapes and sizes and while most have a cynical approach to copyright law, some are prepared to go to extremes. The most notable case in the United States involved Prenda Law. After playing the victim for years, an investigation found that the law firm uploaded movies to sites like The Pirate Bay and then sued those who downloaded them.

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NIO unlocks its potential through standout user operations

McKinsey Operations

McKinsey sits with NIO’s president to discuss the logic behind its approach, its input–output economics, and the implications for the industry.

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“TAKE FIVE” – the EUIPO Board of Appeal maintains that the slogan is not sufficiently distinctive for registration

The IPKat

From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. The Board of Appeal of the European Union Intellectual Property Office ( EUIPO ) in its recent decision refused a trade mark application for the slogan “TAKE FIVE” in Class 32 ( Case R 664/2022-1 ). Recap: Are slogans treated differently than other types of marks?

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Novartis to Appeal CAFC’s ‘Unprecedented’ U-Turn in Ruling on Multiple Sclerosis Drug Claims to SCOTUS

IP Watchdog

Novartis Pharmaceuticals announced today that it will appeal the U.S. Court of Appeals for the Federal Circuit’s (CAFC’s) June decision invalidating its patent for a dosing regimen for its multiple sclerosis drug Gilenya to the U.S. Supreme Court, after the CAFC denied its request to rehear the case. The CAFC in June vacated a different three-judge panel’s January opinion upholding Novartis’ U.S.

Patent 119