Plagiarism Today
OCTOBER 31, 2023
It's Halloween, so let's take a look at 9 copyright stories that show how intellectual property has shaped the spookiest holiday. The post 9 Spooky Copyright Stories for Halloween appeared first on Plagiarism Today.
Hugh Stephens Blog
OCTOBER 7, 2023
Image: Shutterstock I had the opportunity to visit Taiwan in August, where I once (in the last century) served as Director of the Canadian Trade Office in Taipei, aka the Canadian Representative to Taiwan. (The word “Ambassador” cannot and shall not be used for obvious diplomatic reasons).
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TorrentFreak
OCTOBER 31, 2023
Late March 2023, Russia augmented its long-burning VPN crackdown with a series of PSAs claiming that using a VPN for security is actually much worse than not using a VPN at all. One of the ads warned that VPNs somehow obtain users’ passport details, plus their names, addresses, and dates of birth. Another suggested that since VPNs in Russia know everything about their users, spouses might learn about secret affairs, a high price for accessing a social network blocked in Russia, the PSA add
Michael Geist
OCTOBER 2, 2023
The CRTC last week released the first two of what is likely to become at least a dozen decisions involving the Online Streaming Act (aka Bill C-11). The decision, which attracted considerable commentary over the weekend, involves mandatory registration rules for audio and visual services that include far more than the large streaming services. The Commission says the registrations would give it “ de minimis information about online undertakings and their activities in Canada, which would give th
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?
JD Supra Law
OCTOBER 4, 2023
The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author. This bedrock principle was reinforced in two recent copyright decisions.
IP Watchdog
OCTOBER 3, 2023
Last week, the Writers Guild of America (WGA) reached a tentative three-year deal to resolve a writer’s strike following a labor dispute with the Alliance of Motion Picture and Television Producers (AMPTP). The deal was reached on September 27, 2023, after a 148-day strike, which was the second-longest in the union’s history. According to USA Today, the WGA’s leadership board has lifted the restraining order barring writers from returning to work, and its members will vote to officially ratify t
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Kluwer Copyright Blog
OCTOBER 3, 2023
Image by Alexandra_Koch from Pixabay The US class action against Google Bard ( J.L. v. Alphabet Inc, U.S. District Court for the Northern District of California, No. 3:23-cv-03440 ) In a recent post we analysed a class action filed in the US against Open AI for unauthorized use of copyright works for training of generative AI tools such as ChatGPT ( here ) (“Generative AI” or “Gen AI”).
TorrentFreak
OCTOBER 5, 2023
Artificial intelligence is booming. Dozens of companies are enthusiastic about its potential and many regular people are tinkering with it too. The ‘AI Hub’ Discord server was the place to be for true AI enthusiasts. In just a matter of months, it grew from zero to a thriving community of more than 500,000 members. Through the server, people shared the latest tips and tricks, new developments, but also complete models.
Michael Geist
OCTOBER 4, 2023
The CRTC’s decision to require registration for a wide range of Internet sites and services that meet a $10 million revenue threshold, including podcasters, adult sites, and news sites, appears to have taken many Canadians by surprise. For anyone who closely followed Bill C-11, this was entirely expected given that the bill adopts an approach in which all audio and video content anywhere in the world is subject to Canada’s Broadcasting Act.
The IPKat
OCTOBER 21, 2023
This week, the Court of Justice of the European Union (CJEU) issued a preliminary ruling on enforcement of IP rights ( case C-655/21 ). In its request to the CJEU, the referring Bulgarian court had asked whether Bulgarian criminal penalties for trade mark infringement comply with Directive 2004/48/EC and the Charter of Fundamental Rights of the European Union (Charter).
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IP Watchdog
OCTOBER 1, 2023
PERA is no doubt an ambitious bill. In terms of its design, the proposed legislation attempts to deal with each of the Supreme Court’s decisions in Alice, Mayo and Myriad, plus all of their progeny applications thereafter engendered by the Federal Circuit, the Patent Trial and Appeal Board (PTAB), all the way down to the U.S. Patent and Trademark Office (USPTO) examining corp.
Plagiarism Today
OCTOBER 30, 2023
President Biden has signed an executive order targeting security concerns around AI, that calls for regulations to watermark AI work. The post President Biden Signs Executive Order Calling for AI Watermarking appeared first on Plagiarism Today.
Kluwer Copyright Blog
OCTOBER 18, 2023
Image from DALL-E 3 Part 1 of this post introduced the challenges for copyright associated with generative IP and the legislative developments in this field. This part 2 explores the idea of introducing a statutory license for machine learning purposes for generative AI as a compromise solution to secure a vibrant environment for AI development while preserving the central role played by human creators.
TorrentFreak
OCTOBER 3, 2023
A few years ago, book piracy was considered a fringe activity that rarely made the news, but times have changed. Last year, the U.S. Department of Justice targeted popular shadow library Z-Library, accusing it of mass copyright infringement. Two of the site’s alleged operators were arrested and their prosecution is still pending. In recent months, shadow libraries have also been named in other lawsuits.
Michael Geist
OCTOBER 5, 2023
The Canadian government plans to regulate the use of artificial intelligence in search results and when used to prioritize the display of content on search engines and social media services. AI is widely used by both search and social media for a range of purpose that do not involve ChatGPT-style generative AI. For example, Google has identified multiple ways that it uses AI to generate search results, provide translation, and other features, while TikTok uses AI to identify the interests of its
The IPKat
OCTOBER 25, 2023
The Court of Justice of the European Union (CJEU) has received its first request for preliminary ruling concerning the interpretation of Directive (EU) 2019/790 (DSM Directive). The referred questions in C-575/23 are not yet available officially but may be accessed in the materials of the national Belgian case that has given rise to the request. The Belgian litigation, initiated in July 2021, concerns a dispute between the musicians of the Belgian National Orchestra (ONB) and the ONB itself.
IP Watchdog
OCTOBER 9, 2023
California is poised to become the third state to enact a right to repair law aimed at making it easier for independent repair shops and consumers to repair electronic devices. This might sound well and good—until you think about what it actually means for IP owners. While repair advocates may not care about, or even acknowledge, the IP side of the equation, the not-so-hidden truth of the right to repair movement is that it expands repair opportunities for consumers by taking away the rights of
Plagiarism Today
OCTOBER 18, 2023
The Twilight Zone is a Halloween favorite, but what is its copyright history? Let's look at two episodes in a different copyright dimension. The post Copyright and the Twilight Zone appeared first on Plagiarism Today.
Patently-O
OCTOBER 16, 2023
by Dennis Crouch Impact of Sonos on Patent Prosecution : The recent Sonos v. Google decision threatens to grind to a halt, or at least significantly restrict, a once-common patent prosecution strategy – keeping continuation applications pending for years to obtain new claims that cover marketplace developments. Sonos Inc. v. Google LLC , 20-06754 WHA, 2023 WL 6542320 (N.D.
TorrentFreak
OCTOBER 6, 2023
Website blocking has become the go-to anti-piracy measure for the entertainment industries when tackling pirate sites on the internet. The practice has been around for well over 15 years and has gradually expanded to more than forty countries around the world. The actual blocking is done by Internet providers, often following a court order. These measures can range from simple DNS blocks to more elaborate schemes involving Server Name Indication (SNI) eavesdropping, or a combination of both.
Michael Geist
OCTOBER 23, 2023
The government has yet to release its final regulations for the Online News Act , but recent comments from News Media Canada seemed to suggest that it is hoping to find common ground with Google , stating that it supports the company’s proposed amendments to Bill C-18 draft regulations. While that may be a long shot – I posted that Google’s call for legislative changes signals that it has arrived at the conclusion that regulations alone cannot fix the foundational flaws in the law –
The IPKat
OCTOBER 9, 2023
Not too long ago, the German Supreme Court held in Kühlergrill (I ZR 61/18, discussed here ) that the sale of the following radiator grille for an Audi A6 infringed Audi’s rights to its figurative trade mark consisting of four interlocking rings. The ring-shaped device is for mounting the original Audi logo. The Supreme Court found that the shape of the mounting device created a likelihood of confusion.
JD Supra Law
OCTOBER 24, 2023
With deepfakes going around the Internet, the ability of AI tools to generate convincing and hyperreal replicas of a person’s likeness has raised a number of new issues, including the ability of rights of publicity (or “name, image and likeness” laws) to protect against improper use. Currently in the US, the rights of publicity are governed largely by state law, and the scope and level of protection varies significantly from one state to the next.
Plagiarism Today
OCTOBER 12, 2023
A UK teacher has been banned from teaching after she plagiarized on behalf of two students, without the students' knowledge. The post UK Teacher Banned After Plagiarizing on Behalf of Students appeared first on Plagiarism Today.
Velocity of Content
OCTOBER 26, 2023
Recently, Graham Anderson, Head of Publishing Operations at the Royal Society, shared his thoughts on the benefits of integrated infrastructure in helping to advance open science. The Royal Society has a mission to support excellent science and has made a commitment to open access (OA) and open science (OS) as a means of maximizing the dissemination and reuse of research outputs.
Technology & Marketing Law Blog
OCTOBER 23, 2023
The High Tech Law Institute invites you to participate in the 21st annual Works-in-Progress Intellectual Property Colloquium (WIPIP), which will be held February 2-3, 2024, at Santa Clara University School of Law, in Santa Clara, California. This is an in-person event, not virtual or hybrid. If you aren’t already familiar with WIPIP, the colloquium provides IP scholars with a forum to present their academic works-in-progress and receive early feedback from their peers.
Michael Geist
OCTOBER 5, 2023
The temperature over the government’s Internet legislation has increased this week as many Canadians wake up to the consequences of Bills C-11 and C-18. CRTC regulations on mandated registration requirements arising from the Online Streaming Act and the possibility that Google will follow Meta’s lead and remove news links for search results in Canada due to the Online News Act have placed the spotlight on harmful effects of the government’s approach.
IP Watchdog
OCTOBER 12, 2023
A trademark lawsuit filed by popular grocery store chain, Trader Joe’s, against a cryptocurrency platform called “Trader Joe”—which the complaint alleges is a deliberate reference to the supermarket—has come to light this week. Trader Joe’s claims that the crypto firm buried its origin story in order to win international litigation over the domain name, traderjoexyz.com.
JD Supra Law
OCTOBER 5, 2023
In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the seller on an Amazon website. Instead of taking down the product, the Seller sued Red Points for what they allege is a defamatory accusation about their business as the counterfeiting was denied.
Plagiarism Today
OCTOBER 23, 2023
Axanar creator Alec Peters is facing fresh legal peril as CBS and Paramount seek to enforce a $300,000 arbitration judgement against him. The post Axanar Creator Faces New Legal Threat appeared first on Plagiarism Today.
Kluwer Copyright Blog
OCTOBER 17, 2023
Image from DALL-E 3 Introduction Generative AI is disrupting the creative process(es) of intellectual works on an unparalleled scale. More and more AI systems offer services that push users’ production capacity for new literary and artistic works beyond unforeseen barriers. Algorithmic tools are gradually colonizing every creative sector, from being able to generate text (i.e., ChatGPT , Smodin ), to perform music (i.e., AIVA, Beatoven , Soundful ), to draw images (i.e., Dall-e , Midjourney , Dr
The IPKat
OCTOBER 9, 2023
Earlier today, the Council has approved the new Regulation on geographical indication (GI) protection for craft and industrial products, also known as non-agri GIs. The adopted text, discussed by The IPKat here and here , is available at this link. The Regulation introduces an EU-wide system of GI protection for products such as cutlery or ceramics, a system that will be managed by the European Union Intellectual Property Office (EUIPO).
Michael Geist
OCTOBER 13, 2023
After months of urging Heritage Ministers Pascale St-Onge and Pablo Rodriguez to stand up to Google and Meta’s response to Bill C-18, News Media Canada – the lead lobbyist for the legislation – appears to have waved the surrender flag as it is now urging the government to accommodate Google’s concerns with draft regulations. The shift in approach unquestionably marks a retreat for the group, which literally drafted a version of the bill for the government and wielded the power of maj
IP Watchdog
OCTOBER 24, 2023
On October 23, the U.S. Patent and Trademark Office’s (USPTO) Office of the Chief Economist (OCE) published a report detailing patent application filing trends at the USPTO related to COVID-19 diagnostics technologies. The OCE found that filing activity surged following the arrival of the novel coronavirus in early 2020, with much of that increase driven by small companies and research institutions.
JD Supra Law
OCTOBER 24, 2023
Copyright Office To Consider AI Proposal as Part of the Current DMCA Triennial Review - A key feature of the 1998 Digital Millenium Copyright Act (DMCA) is its prohibition of circumventing access controls that have been implemented to protect copyrighted works. As part of the Copyright Office’s ninth triennial review of the DMCA, the office announced on October 19, 2023, that it is considering, and seeking public comment on, seven different carveouts to this prohibition, one of which would.
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