March, 2022

Professor Sues Cheating Student for Copyright Infringement

Plagiarism Today

Yesterday, a report by Scott Schwebke at the Orange Country Register highlighted a lawsuit filed by Chapman University processor David Berkovitz, who has filed a lawsuit against a John Doe student that he accuses of posting questions from his exam online.

Grappling with Online Safety Legislation: How to Hold the Platforms Accountable?

Hugh Stephens Blog

When it comes to online safety—or its flip side, online harms—many countries are grappling with the problem.

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Most Valuable Trademark Features of the USPTO Website

Erik K Pelton

The following is an edited transcript of my video Most Valuable Trademark Features of the USPTO Website. Did you know that the U.S. Patent and Trademark Office has a very robust website that has tons of useful information?

Forum Selection Clause Can Preclude PTO Validity Challenges

Intellectual Property Law Blog

In Nippon Shinyaku v.

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.

Russia’s Site-Blocking System Isn’t Performing & Could Even Collapse

TorrentFreak

Russia’s invasion of Ukraine has been going on for more than a month. It isn’t going to plan.

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The Impact of Russia Legalizing Piracy

Plagiarism Today

Earlier this month, the Russian government began taking steps to broadly legalize the piracy of all content from countries that were sanctioning it. This movie initially began with patents and business software, but has been reportedly expanded to include all types of copyright-protected content.

Requiring Digital Platforms to Pay for Using News Content: Canada Follows Australia’s Lead—But Not Precisely?

Hugh Stephens Blog

St. Peter’s Peacocks vs UNC Tar Heels : a trademark David vs. Goliath

Erik K Pelton

Tonight in the men’s Elite Eight ® of the NCAA ® March Madness ® basketball tournament, many will be rooting for the underdog, the St. Peter’s Peacocks, against one of the powerhouses of basketball, the University of North Carolina Tar Heels.

Why Has the Government’s Defence of Bill C-11 Been So Cartoonishly Misleading?

Michael Geist

Bill C-11, the Online Streaming Act that serves as the government’s follow-up to Bill C-10, was the subject of debate in the House of Commons yesterday as the legislation slowly makes it way through the legislative process.

RuTracker Found Itself Unblocked in Russia So Immediately Blocked Itself

TorrentFreak

After Russia invaded Ukraine on February 24, 2022, it became clear that the conflict would result in devastating loss of life with implications for the whole planet.

Expert Group Analyzes AI, Copyright and Designs

IP Watchdog

The European Intellectual Property Office (EUIPO) recently published a deep dive report, titled Study on the Impact of Artificial Intelligence on the Infringement and Enforcement of Copyright and Designs.

Understanding the SMART Copyright Act

Plagiarism Today

On Friday, U.S. Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) introduced the “Strengthening Measures to Advance Rights Technologies Copyright Act of 2022 , better known as the SMART Copyright Act.

The Humanity of Copyright

Hugh Stephens Blog

Recently the US Copyright Office (USCO) reaffirmed its longstanding position that human authorship is a pre-condition for recognition of copyright, despite being pushed hard by a particular protagonist within the tech community to accept artificial intelligence (AI) in the form of a machine (NB his machine) or software as a creator with rights.

Key Trademark Search Terms

Erik K Pelton

The following is an edited transcript of my video Key Trademark Search Terms.

How Much For That IP System? South Centre Report Suggests Developing Countries Pay Quite the Price

SpicyIP

In the discussions around IP, trade and innovation, it has often been pointed out that least developed countries and developing countries are frequently the net importers of technologies, while the developed countries tend to be net exporters of technologies.

YouTube Vanced App Forced to Shut Down ‘For Legal Reasons’

TorrentFreak

There are millions of websites available today, most of which remain completely unknown to the majority of internet users. If you had to pick one known to everyone, though, YouTube would be a pretty safe bet.

Conservatives Urge HHS to Deny Turning Bayh-Dole March-In Provision into Price Controls

IP Watchdog

Thirty-one signatories from 29 center-right public policy organizations have written U.S.

When the Editor is the Plagiarist

Plagiarism Today

Last week, Retraction Watch published a guest post by Steve Haake , a professor of sports engineering at Sheffield Hallam University in the UK. In it, he tells the story of a retraction that was literally more than a decade in the making.

Spotify’s ESG Fail: Social

The Trichordist

By Chris Castle [This post first appeared on MusicTechSolutions.] This post is Part 2 of a three part post on Spotify’s ESG Fail, and is an extension… Read more "Spotify’s ESG Fail: Social".

Music 103

Brand Protection Cheat Sheet

Erik K Pelton

Erik’s new cheat sheet lists the key steps a new brand should take to get started on a strong legal trademark foundation. For more, see [link]. The post Brand Protection Cheat Sheet appeared first on Erik M Pelton & Associates, PLLC.

The Quad discussion group’s compromise falls short of a comprehensive TRIPS waiver

SpicyIP

As readers would know, the TRIPS Waiver proposal at the WTO regarding Covid vaccines and treatment, has been discussed ad-nauseum for more than a year now, with very little actual progress.

Anti-Piracy Company Asks Court to Keep Filings Secret as TorrentFreak Might Report On Them

TorrentFreak

At TorrentFreak we do our best to keep readers updated on the latest copyright and piracy news, highlighting issues from different points of view. We report on the opinions and efforts of copyright holders when it comes to online piracy and have active dialogues with anti-piracy outfits.

NIH’s Fight for Ownership of Moderna’s COVID-19 Patent Highlights Hazards of Business Collaborations

IP Watchdog

The National Institutes of Health (NIH) is at legal odds with Moderna, claiming that Moderna neglected to add three NIH scientists to Moderna’s patent application on a principal COVID-19 vaccine.

One Teacher’s Approach to Stopping Plagiarism

Plagiarism Today

Shelby Scoffield , a high school English teacher from Mountain House, California, is like many others in that she struggles to enforce academic integrity standards in her classroom. According to her, these problems became worse during the pandemic due to the rise of distance learning.

Which AI Components Are Copyright Protectable and Which Are Not?

JD Supra Law

Background - On February 14, 2022, the Review Board of the U.S. Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI.

The CFAA “Gates-Up-or-Down” Metaphor Is Baffling Courts–ACI v. Conservice (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy. I have a friend who is a professor of literature. He once joined a book club with other professors of literature dedicated to analyzing James Joyce’s notoriously opaque classic, Finnegan’s Wake.

Fatal Mistakes Made By The ‘Bored Ape Yacht Club’ & ‘Crypto Punks’ NFT Projects

Traverse Legal Blog

My name is NFT lawyer Enrico Schaefer. I am an attorney specializing in blockchain technology. Today, we’re going to talk about non-fungible tokens (NFTs). We will look at two popular NFT offerings, the Bored Ape Yacht Club and Crypto Punks.

‘Spider-Man: No Way Home’ Blu-Ray Leaks Early on Pirate Sites

TorrentFreak

When ‘Spider-Man: No Way Home’ was about to be released late last year in theaters, spoilers and leaked footage started to circulate online. The spoilers didn’t give away much, nor were they of notable quality. Nonetheless, Columbia Pictures did its best to bury them all.

Data Show USPTO Patent Pro Bono Program is Working for Women and Minorities

IP Watchdog

Thirty percent of respondents to a survey of applicants using the U.S. Patent and Trademark Office’s (USPTO’s) Patent Pro Bono Program (PPBP) were African American or Black and 41% were female, according to the latest USPTO Director’s Blog.

Professor Sues University Over Plagiarism Investigation

Plagiarism Today

Yesterday, an article by Clark Kauffman at the Iowa Capital Dispatch , looked at the case of Gayle Pohl, a tenured professor of public relations at the University of Northern Iowa (UNI). .

What is the risk of not properly searching before filing a trademark application?

Erik K Pelton

The risks can be very significant. Searching provides the applicant with knowledge, data, and therefore impacts strategies and decisions. The failure to search for potential conflicts can be fatal to an application.

Russia’s Invasion of Ukraine: It’s Also a Culture and Content War?

Hugh Stephens Blog

As you, dear reader, will know, this is a blog focused on copyright and content related issues, rather than politics, although at times there is an inevitable political spillover when dealing, for example, with the copyright dimensions of trade agreements, given that many such agreements are driven as much by political objectives as economic considerations. … Continue reading "Russia’s Invasion of Ukraine: It’s Also a Culture and Content War

Will NFT Piracy Compel Changes to the Digital Millennium Copyright Act?

JD Supra Law

So you bought an NFT. You now own what is effectively an immutable electronic deed meant to record ownership of an asset, often a digital artwork. You probably paid for the NFT upfront—and if the artist is popular, you may have paid a substantial sum. By: Proskauer - Blockchain and the Law