March, 2023

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Is Plagiarism a Feature of AI?

Plagiarism Today

The Writers Guild of America has released a statement saying that plagiarism is a feature of AI. How true is that? The post Is Plagiarism a Feature of AI? appeared first on Plagiarism Today.

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Internet Archive is Liable for Copyright Infringement, Court Rules

TorrentFreak

In 2020, publishers Hachette, HarperCollins, John Wiley and Penguin Random House sued the Internet Archive (IA) for copyright infringement, equating its ‘Open Library’ to a pirate site. IA’s library is operated by a non-profit organization that scans physical books and then lends the digital copies to patrons in an ebook format. While ‘digital’ book lending is not uncommon, libraries typically loan out DRM-protected files after acquiring a license from publishers.

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Copyright Office Makes AI Authorship Policy Official

IP Watchdog

The U.S. Copyright Office (USCO) has announced a new statement of policy on “Works Containing Material Generated by Artificial Intelligence” that will be published in the Federal Register tomorrow, March 16. The statement comes following several recent cases that have tested the bounds of copyright protection for works generated solely or in part by AI authors.

Copyright 145
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Indigenous Art Under Licence: One Solution to the Problem of Theft of Indigenous Cultural Expression and Trade in Fake Indigenous Art (And WIPO is Working on Others)

Hugh Stephens Blog

Last fall I wrote about the ongoing problem of trade in fake Indigenous art. This applies to many genres and communities but is a particular problem in the Pacific Northwest, where I live, because of the richness of the art forms and their popularity among the public.

Art 246
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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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Another referral to the CJEU concerning communication to the public in hotel rooms (case C-723/22)

The IPKat

A new referral to the Court of Justice of the European Union (CJEU) has been recently made by the Higher Regional Court in Munich (OLG Munich) regarding the concept of “communication to the public” and its application to hotels’ activities. Louis-Michel in his hotel room The referral, which is reproduced below, concerns the interpretation of Art. 3(1) Directive 2001/29/EC as transposed into the German Copyright Act. § 15(2) of the German Copyright Act lists several rights, which fall within the

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Generative AI: Unlocking the future of fashion

McKinsey Operations

While still nascent, generative AI has the potential to help fashion businesses become more productive, get to market faster, and serve customers better. The time to explore the technology is now.

Marketing 144

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Twitter Hunts Down Github User Who Leaked Company’s Source Code

TorrentFreak

On February 21, 2023, Twitter chief Elon Musk published a tweet suggesting that Twitter’s algorithm would be “ made open source ” before the end of that month. Before he took ownership of Twitter, Musk said that having the code out in the open would be a smart move, but the end of February came and went, without any code appearing in public.

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Industry, NGOs Spar Over Need to Extend TRIPS COVID IP Waiver at ITC Hearing

IP Watchdog

The International Trade Commission (ITC) conducted an all-day hearing today featuring a range of stakeholders with interests in the World Trade Organization’s (WTO) pending decision on extending what has come to be known as the TRIPS [Agreement on Trade-Related Aspects of Intellectual Property Rights] waiver from strictly COVID-19 vaccine technologies to COVID-19 related therapeutics and diagnostics.

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Why Are Canadian Universities Vehemently Campaigning Against Any Clarification of Fair Dealing if They Are Already Licensing All the Content They Need for Teaching Students?

Hugh Stephens Blog

That is the fundamental question that authors and publishers in Canada have been asking themselves as the government begins preparing to consider some long-overdue revisions to the Copyright Act. For the past decade, Canadian post-secondary institutions (outside Québec) have been refusing to acquire licences from the Canadian Copyright Collective, Access Copyright (AC), to cover the … Continue reading "Why Are Canadian Universities Vehemently Campaigning Against Any Clarification of Fair D

Licensing 246
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“Cacio Romano” does not infringe PDO “Pecorino Romano”, says Italian Supreme Court

The IPKat

With this Kat’s feed being flooded with the news of the ruling in “Pecorino Romano” v. “Cacio Romano”, she could not help but dive into the judgment herself. The case saw the Consortium of producers of protected designation of origin (PDO) “Pecorino Romano” acting against Formaggi Boccea, an Italian cheese producer, which owns “Cacio Romano” trade mark.

Art 141
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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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Competition in Canada Takes Another Hit: Government Gives Go Ahead for Rogers – Shaw Merger

Michael Geist

Innovation, Science and Industry Minister François-Philippe Champagne has worked hard to fashion himself as a future party leader based on boundless energy to sell Canada the world. Indeed, Champagne’s oft-repeated stories of cold calls that resulted in investments by companies such as Volkswagen and Moderna paint a picture of a minister jetting around the world in support of the Canadian economy.

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Why the Internet Archive Lost

Plagiarism Today

On Friday, a judge ruled in favor of the publishers against the Internet Archive. Here's why the Internet Archive lost that case. The post Why the Internet Archive Lost appeared first on Plagiarism Today.

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Zippyshare Quits After 17 Years, 45m Visits Per Month Makes No Money

TorrentFreak

When file-hosting service Zippyshare showed its first signs of life in September 2006, accessing the site using an iPhone was impossible; the smart phone’s existence wouldn’t be announced for another four months. Zippyshare’s success was built on solid yet basic foundations; straightforward free hosting of files, via a clean interface, at zero cost to the user.

Marketing 145
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What is design thinking?

McKinsey Operations

Design thinking is a systemic, intuitive, customer-focused problem-solving approach that organizations can use to respond to rapidly changing environments and to create maximum impact.

Designs 139
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“The Declaration on the Essential Role of Artists and Creative Expression in Canada Act”: Will it Become Law?

Hugh Stephens Blog

Last fall, in October, the Canadian Senate gave Third Reading to Bill S-208, “The Declaration on the Essential Role of Artists and Creative Expression in Canada Act”. That legislation, sponsored by Senator Patricia Bovey, a distinguished art historian by profession, (former director of the Winnipeg Art Gallery and the Art Gallery of Greater Victoria, Adjunct … Continue reading "“The Declaration on the Essential Role of Artists and Creative Expression in Canada Act”: Will it Become Law?

Law 246
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Generative Artificial Intelligence: US Copyright Office denies registration

The IPKat

On 21 February 2023, the US Copyright Office (USCO) issued a decision further to a request to register Zarya of the Dawn , a graphic novel that includes images created with the assistance of Midjourney , a generative Artificial Intelligence (AI) system. The case In September 2022, Ms. Kristina Kashtanova applied and obtained the copyright registration for the work “ Zarya of the Dawn ”.

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Women’s History Month: Impacting Innovation and Economic Growth

U.S. Department of Commerce

Women’s History Month: Impacting Innovation and Economic Growth March 24, 2023 KCPullen@doc.gov Fri, 03/24/2023 - 10:29 Investing in communities and workers By Brittany Sickler, Networks Program Manager, U.S. Economic Development Administration (EDA) Women’s History Month has always been an important time for me to consider the remarkable—and ordinary—stories in our country’s journey to equality.

Business 135
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China Gains on Top Filers at European Patent Office

IP Watchdog

U.S. companies and inventors still filed more patent applications with the European Patent Office (EPO) than any other country, according to its Patent Index 2022, which was released today. The index showed that U.S. patent applications numbered 48,088, a 2.9% increase from 2021. However, China's filings jumped by 15.1% over 2021, keeping it in fourth place out of the top five countries of origin for applications and narrowing the gap between it and Japan, the number three filer.

Patent 132
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Google Deindexes ‘Pirate’ IP Addresses When Used to Circumvent Blocking

TorrentFreak

When people use search engines to find pirate sites or pirated content, the results they receive today represent a massively edited subset of what is actually out there. In response to DMCA notices sent by rightsholders, billions of URLs have already been removed from Google’s search results. Every week, millions of new URLs are processed by Google and when individual domains are considered especially infringing, Google takes that as a downranking signal.

IP 144
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Taking fear out of innovation

McKinsey Operations

The risk and ambiguity inherent in innovation can make employees shy away from it. Creating an innovation culture where risk-taking is embraced must start at the top.

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Publicly Traded International Patent Firms

Patently-O

by Dennis Crouch In October 2022, Canada’s largest intellectual property firm became a publicly traded entity. Smart & Biggar , a firm that includes 100+ Canadian patent attorneys and agents (most of whom are also registered with the USPTO) was purchased by the Australian company IPH Limited. The holding company trades on the Australian stock exchange with a market valuation of $1.8 billion Australian dollars ($1.2 billion USD).

Patent 125
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30% discount code on IPKat book now available

The IPKat

Time flies when you are having. (IP) fun! Indeed, as previously announced , in June The IPKat will turn 20. To mark this milestone, we are doing two things. First, we are organizing a big event on 8 June , both online and in London. If you are planning to attend in person in London, hurry up because we only have 5 tickets left! Second, Kats Eleonora Rosati and Hayleigh Bosher have put together an edited collection, which brings together several current and past IPKat Team Members, as well as emi

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USDA And USPTO Promoting Fair Competition And Innovation In The Seed Marketplace

JD Supra Law

On March 6, 2023, the U.S. Department of Agriculture (USDA) released its report on “More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs,” which was prepared in consultation with the U.S. Patent and Trademark Office (USPTO), Department of Justice (DOJ), and Federal Trade Commission (FTC).

Reporting 123
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Copyright Claims Board Finds for Photographer on Infringement But Curbs Damages in First Final Decision

IP Watchdog

The Copyright Claims Board (CCB) has issued its first final decision since it was established by law in December 2020, finding in favor of a photographer who claimed a lawyer infringed his copyright by displaying one of his photographs on his law firm website. David Oppenheimer’s case against Douglas Prutton was referred to the CCB by the U.S. District Court for the Northern District of California in April 2022, two months before the Board opened to receive claims.

Copyright 128
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DNS Resolver Quad9 Loses Global Pirate Site Blocking Case Against Sony

TorrentFreak

In 2021, Sony Music obtained an injunction ordering DNS resolver Quad9 to block the popular pirate site Canna.to. The injunction , issued by the District Court of Hamburg, required the Swiss DNS resolver to block its users from accessing the site to prevent the distribution of pirated copies of Evanescence’s album “ The Bitter Truth “ Quad9 Appeals Site Blocking Injunction The Quad9 Foundation fiercely opposed the injunction.

Music 142
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The next frontier of customer engagement: AI-enabled customer service

McKinsey Operations

AI-enabled customer service is now the quickest and most effective route for institutions to deliver personalized, proactive experiences that drive customer engagement.

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The Latest Bill C-11 Debate: Sacrificing Freedom of Expression for Quebec Culture Lobby Support

Michael Geist

The Bill C-11 debate continued for hours in the House of Commons yesterday with a dispiriting discussion featuring MPs from all sides ignoring or exaggerating the implications of the bill. The debate often seemed to gravitate to two polar opposites: either the bill is China or North Korea-style censorship or it has no implications for freedom of expression and the regulation of user content.

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Better late than never? Not if you want to avoid acquiescence!

The IPKat

There can be many reasons for not taking action against a trade mark infringement, such as budget limitations or an unattractive risk-reward ratio. But not taking action may have serious consequences. Consider a trade mark owner who has acquiesced, for a period of five successive years, to third party's use of a later registered trade mark, while being aware of such use.

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Are Drill Bits Now Abstract Ideas Too?

Patently-O

The following is a really wonderful Guest Post from UC San Francisco Law School Professor Jeffrey Lefstin focusing on a recent ITC decision finding a claimed drill bit abstract because of its functional limitations. by Jeffrey Lefstin Not too long after the Supreme Court decided Mayo v. Prometheus , I wrote an article suggesting, based on some of the history that followed Funk Brothers , that patents on ordinary industrial processes and compositions could become ineligible in Mayo ’s wake.

Invention 123
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Will the Supreme Court Save Biopharma from CAFC Enablement Insanity?

IP Watchdog

The United States Supreme Court is soon poised to decide the fate of the enablement requirement, and the patent community is collectively holding its breath, wondering if the Court will strike a deathblow to the biopharmaceutical industry—simultaneously making all patents harder to get and even easier to challenge than they already are. The Supreme Court does not have a strong track record of objectively getting patent issues correct, at least not from a pro-innovation standpoint, although the J

Patent 127
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Cloudflare Disables Access to ‘Pirated’ Content on its IPFS Gateway

TorrentFreak

The InterPlanetary File System, more broadly known as IPFS , has been around for a few years now. While the name may sound a little alien to the public at large, the peer-to-peer file storage network has a growing user base among the tech-savvy. In short, IPFS is a decentralized network where users make files available to each other. A website using IPFS is served by a “swarm” of users in much the same way BitTorrent users share content with each other.

Reporting 138
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Space: The missing element of your strategy

McKinsey Operations

The space sector is at an inflection point similar to what commercial air travel experienced after World War II and the internet saw in the 1990s. Is your company ready to capture the opportunity?

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Workshop on ‘Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28]

SpicyIP

We are pleased to announce that the Inter-University Centre for IPR Studies (IUCIPRS), CUSAT, and Third World Network are jointly organizing the 4th edition of their workshop on ‘Patent Opposition in the Pharmaceutical Field’ between April 24-28, 2023. The last date to apply for the workshop is March 25, 2023. For further details, please read the call for applications below: Workshop on ‘ Patent Opposition in the Pharmaceutical Field’ [Kochi, April 24-28] Inter-Universi

Patent 121
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Section 230 Protects Emailing an Article–Monge v. University of Pennsylvania

Technology & Marketing Law Blog

This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists. Dr. Monge sued Dr. Thomas (and many other defendants). For more background on this complex case, see this opinion. In this ruling, Dr. Thomas successfully invoked Section 230.

Blogging 117
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All Inventors are Human; All Humans are Inventors

Patently-O

by Dennis Crouch Petitioners in Thaler v. Vidal ask the Supreme Court one simple question: Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? Thaler Petition for Writ of Certiorari. Only a court with substantial hubris would be willing to take-on this case, but I’m confident that the Supreme Court is up for the task.

Inventor 122