October, 2021

The Cinemassacre Monster Plagiarism Scandal

Plagiarism Today

Disclosure: Though I have no relationship or connection with this story, I am a long-time fan of James Rolfe and his work. James Rolfe is one of the most famous YouTubers working today.

Do News Publishers “Own” the News? (And Should They be Compensated when Others use News Content they Publish?)?

Hugh Stephens Blog

The issue of whether news publishers should receive compensation when their content is used by “others” (such as internet platforms, specifically Facebook and Google) has become a hot topic in a number of countries of late.

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Stakeholders Should Not Miss Congress’s Invitation For Feedback On Patent Eligibility

Intellectual Property Law Blog

This post originally appeared as an article (“Stakeholders Should Not Miss Congress’s Invitation for Feedback on Patent Eligibility”) on Law.com on October 7, 2021.

US Court Rules Artificial Intelligence Systems Are Not 'Inventors'

JD Supra Law

On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI) system cannot be named as an inventor on a patent.

Dune Leaked on Pirate Sites Before US Theatrical & HBO Max Release

TorrentFreak

Dune (also known as Dune: Part One) is the first installment of a planned two-part adaption of the 1965 sci-fi book written by Frank Herbert. The movie has been in the planning for years, with filming eventually taking place between March and July 2019.

Cinema 113

Say No to the Stockholm Syndrome: Is an Artist Strike Coming for Streaming?

The Trichordist

Should artists strike the streaming services? Strike! Unfair List Streaming strike

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Parsing the Plagiarism of the Bad Art Friend

Plagiarism Today

On Tuesday, journalist Robert Kolker published an article in the New York Times Magazine entitled Who is the Bad Art Friend? The story looked at the ongoing feud between two authors, Dawn Dorland and Sonya Larson.

More Trending

13 Spooky Copyright Cases, Just in Time for Halloween

Copyright Lately

The only thing scarier than a slasher flick is a lawsuit. Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character?

Cinema 110

Federal Circuit Further Eases Path for Obtaining Design Patents

Patently-O

by Dennis crouch. In re Surgisil, LLP , — 4th — ( Fed. 2021 ). This is an important design patent decision that substantially narrows the scope of prior art available for anticipation rejections in design patent cases.

Adobe Uses DMCA to Nuke Project That Keeps Flash Alive, Secure & Adware Free

TorrentFreak

As far back as 2012, Adobe was planning for the eventual demise of its iconic Flash Player. Gradually superceded by new technologies, the importance Flash diminished over time and as dawn broke on 2021, Adobe ceased to develop and support it. Well, sort of.

Federal Circuit Review - September 2021

JD Supra Law

Arguments to the Patent Office That Contradict Information Submitted to the FDA Support an Inference of Deceptive Intent In Belcher Pharmaceuticals v. Hospira, Inc., Appeal No.

The Impact of the Internet on Plagiarism

Plagiarism Today

When people learn what I do for a living, one of the first questions I am usually asked is, “Has the internet made plagiarism much worse?”. It’s easy to see why it’s a question. Anecdotally, it feels like plagiarism stories are becoming much more common.

Thank You Professor! “Explaining” Section 230 to Canadians?

Hugh Stephens Blog

Unabashed booster of—and apologist for—Section 230 of the 1996 Communications Decency Act (CDA), Eric Goldman, recently published an encomium “to help Canadians understand a crucial US law that’s become a flashpoint for heated discussions” (according to the introduction to Goldman’s article distributed by the Santa Clara University School of Law).

There Is No Bottom When It Comes to Section 230 Reform Proposals (Comments on the Justice Against Malicious Algorithms Act)

Technology & Marketing Law Blog

When I first saw the Justice Against Malicious Algorithms Act. my draft version didn’t identify its sponsors. I assumed it was yet another sloppy and unserious Section 230 reform proposal from representatives like Rep. Gosar or Gohmert.

Next UPSTO Director: Kathi Vidal

Patently-O

by Dennis Crouch. President Biden has nominated leading patent litigator Kathi Vidal as the next USPTO director. Vidal is currently at Winston & Strawn, leading the company’s Silicon Valley office. She was previously with Fish & Richardson. Announcement ].

Megaupload Lawsuits Remain in Limbo After Nearly 10 Years Passed

TorrentFreak

Ten years ago, online streaming hadn’t fully caught on yet and Netflix still had dozens of active DVD-mailing locations throughout the United States. Streaming piracy was relatively new as well with most ‘pirates’ still downloading movies from torrent sites or cyberlockers.

Music 109

Decoded: Technology Law Insights, Volume 2, Issue 21

JD Supra Law

Nature of Patents and Patent Rights - When a patent is issued under the seal of the United States Patent and Trademark Office, it is signed by the Director of the USPTO or an Office official.

Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

As we’ve discussed in the past , copyright has played an oddly oversized role in our modern Halloween festivities.

Local Content Production and Sensible Regulation: New Studies Demonstrate the Close Relationship

Hugh Stephens Blog

The Institute for International Communications (IIC) annual meeting held recently in the UK (London, October 5-7) featured, among other topics, a “streaming video roundtable”, an informative discussion of the issues surrounding growth of the VOD sector in the current regulatory climate.

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What Is a Likelihood of Confusion

Erik K Pelton

The following is an edited transcript of my video, What Is a Likelihood of Confusion. A phrase that comes up all the time in several different aspects of trademark work is likelihood of confusion. This is a legal standard, but it is at the same time highly subjective.

Trademark: Uggs are generic in Australia, Can I import them without a license from UGG®?

Patently-O

by Dennis Crouch. In Australia, the term “ugg boots” refers to a general style of sheepskin shoe with the fleece turned in for warmth. It is a generic term, and not a trademark – in Australia.

Anti-Piracy Outfits Still Target Pirate Sites That Shut Down Years Ago

TorrentFreak

Over the past decades, hundreds of popular ‘pirate’ sites have come and gone. This includes the likes of isoHunt, ExtraTorrent, and KickassTorrents. These shutdowns have a serious impact but, as time passes, estranged users eventually move on.

Can Computer Systems Using Artificial Intelligence Patent their own Inventions?

JD Supra Law

Increasingly, companies are using artificial intelligence to invent new methods and products. But can a named inventor be a non-human machine under the law? . By: Cadwalader, Wickersham & Taft LLP

The Elizabeth Haigh Cookbook Plagiarism Scandal

Plagiarism Today

Elizabeth Haigh was, until this week, a rapidly rising start in the cooking world. Featured on the 2011 BBC MasterChef competition, she was the head chef at London restaurant Pidgin when it earned a Michelin Star and is the owner of the popular restaurant Mei Mei.

Dealing with Historical Figures Who Fall Out of Favour:  Don’t Attack the Artwork

Hugh Stephens Blog

These days it is not uncommon to see red paint splashed on the statue of some controversial historical figure, or even to have the statue defaced, vandalized or perhaps torn down from its pedestal. It has happened to Christopher Columbus, Winston Churchill, Robert E.

Trademark protection: a safety helmet for your brand

Erik K Pelton

Over the years, we’ve been blessed to work with – and sometimes ride with – many clients in the bike industry! The post Trademark protection: a safety helmet for your brand appeared first on Erik M Pelton & Associates, PLLC

Timbs: Iconic Enough for Trademark Protection?

Patently-O

by Dennis Crouch. TBL Licensing, LLC v Hirshfeld , Docket No. 1:21-cv-00681 (E.D. Jun 04, 2021). I previously wrote about the TTAB decision denying TBL’s attempt to register the shape of its Timberland Boots as a protectable trade mark. Crouch, Iconic Timberland Boots–Trade Dress Worthy?

Bond’s “No Time to Die” Leaks on Pirate Sites Before U.S. Premiere

TorrentFreak

This week the “No Time to Die” premiered in movie theaters around the world. A few countries have to wait a bit longer for the latest Bond movie. These include the US, Russia, and France which have a week delay.

Anchovy News, October 2021

JD Supra Law

This is the October edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe.

3 Count: Photo Battles

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Pizza Companies Sued for Copyright Infringement of Advertising Photo. First off today, Kendall Heebink at Law Street reports that a pair of pizza companies have been sued by Prepared Food Photos, Inc.

Copyright Royalty Board Reopens Public Comments in Controversial #FrozenMechanicals Hearings

The Trichordist

Copyright Royalty Board makes history by re-opening comments for the frozen mechanical rates. Artist Rights Copyright Policy Copyright Royalty Board Frozen Mechanicals Songwriter News Songwriter Rights

We help clients with trademark protection in all industries – even law

Erik K Pelton

We love working with all types of businesses, but earning the trust of many other lawyers and legal industry businesses has been extra gratifying. The post We help clients with trademark protection in all industries – even law appeared first on Erik M Pelton & Associates, PLLC

Attorney fees awarded since patentee knew it had a losing case.

Patently-O

by Dennis Crouch. This decision suggests that the Federal Circuit is acceding to the Supreme Court’s approach giving broad discretion to the district courts in attorney fees cases rather than nit-picking individual elements of the totality-of-the-circumstances test. But, we’ll see. .

VPN Service will Block BitTorrent and Keep Logs to Settle Piracy Lawsuit

TorrentFreak

A group of movie production outfits, including affiliates of the film studios Millennium Media and Voltage Pictures, filed a lawsuit against VPN.ht in March. The companies accused the VPN provider of promoting the piracy app Popcorn Time to its users, noting that a VPN.ht

Further and More Detailed Study of Domestic Cat Genome

JD Supra Law

Analyzing the Squid Game Plagiarism Allegations

Plagiarism Today

The South Korean drama series Squid Game has been making headlines all over the world. Deemed by Netflix to be its “biggest-ever series launch” , the series has become a global phenomenon, being viewed by over 111 million accounts in the first month alone.

Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. Google

Technology & Marketing Law Blog

The plaintiffs are “conservative content creators” (i.e., QAnon enthusiasts) who posted videos to YouTube. YouTube suspended their accounts. The plaintiffs sued for First Amendment violations (presumably a 1983 claim). The court previously denied a TRO.