October, 2021

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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. Best known for his character the Angry Video Game Nerd (AVGN) Rolfe has enjoyed over 17 years of success on YouTube spread across multiple shows. One of those series, Monster Madness, has been a long-running October tradition in our house.

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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. It has arisen because of the near financial collapse of much of the print media, particularly newspapers and news … Continue reading "Do News Publishers “Own” the News?

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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. Dune had its world premiere at the 78th Venice International Film Festival on September 3, 2021, and Warner Bros. released the movie internationally on September 15, which did not include key markets such as the US and UK.

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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.

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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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[Guest Post] The wisdom of Dune and copyright litigation

The IPKat

Kat friend Hans Eriksson discusses an interesting decision (only available in Swedish) concerning copyright protection and originality, namely whether the sequence of twenty words in an instruction manual may be regarded as being enough for copyright to arise. Here's what Hans writes: The author was recently reminded of the opening lines of Frank Herbert’s sci-fi epic Dune: “ A beginning is the time for taking the most delicate care that the balances are correct. ” This Dune tells us, every memb

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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. And, there are dozens of companies that make and sell ugg boots in that country, including Australian Leather Pty. Ltd. The original name “ugh” came from 1970s surfer Shane Stedman who has been quoted as saying “We called them Ughs because they were ugly.” UGG i

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Revisiting Alberta v Access Copyright: Resources for K-12 Educators in Canada

IPilogue

Photo by Javier Trueba via Unsplash. Emily Chow is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . Photocopying classroom materials in a K-12 public school system may have seemed harmless and benign before the 2012 Supreme Court of Canada case, Alberta v Canadian Copyright Licensing Agency (Access Copyright). The decision reframes traditional teaching pedagogies by considering the artist and owner rights under copyright law.

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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. In Australia, Bond fans will have to be even more patient for the planned mid-November premiere. This staggered release schedule isn’t uncommon.

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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. 20-1799, the Federal Circuit held that a patentee committed inequitable conduct by advancing an argument during patent prosecution that contradicted the patentee’s prior arguments and evidence submitted to the….

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[Guest post] Anderson.Paak got a new tattoo- and we might have an idea why

The IPKat

I have the pleasure of hosting the following guest contribution by Despoina Dimitrakopoulou and Simon J. Fritsch, both talented and enthusiastic former students of mine, which - while reviewing Anderson.Paak 's latest tattoo - discusses post-mortem moral rights protection and the value of a tattoo as an. advance (IP) directive. Despoina and Simon also recommend some music background by Anderson.Paak to accompany the reading of the article.

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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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Timbs: Iconic Enough for Trademark Protection?

Patently-O

by Dennis Crouch. TBL Licensing, LLC v Hirshfeld , Docket No. 1:21-cv-00681 (E.D. Va. 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? Now, the company has filed a civil action in the Eastern District of Virginia seeking a court order that TBL is entitled to a registration.

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What’s in the Box? Counterfeits and Online Marketplaces

The Illusion of More

In March, Senators Durbin and Cassidy introduced the INFORM Consumers Act, legislation meant to provide us with greater transparency when shopping through large online marketplaces, which is to say Amazon. In a co-authored editorial in Roll Call, the senators state: It is well documented that third parties are selling massive amounts of counterfeit, stolen and […].

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India Amends Patent Rules and Reduces Fees by 80% for Educational Institutions

IP Watchdog

On September 21, 2021, India's Department for Promotion of Industry and Internal Trade (DPIIT) under India’s Ministry of Commerce and Industry published amended Patents Rules, 2021, to amend the 2003 Patents Rules. The amendment now includes a new category, “eligible educational institutions,” which qualifies for the same reduced fees as natural persons, startups, and small entities.

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Google Opposes ‘Sweeping’ Popcorn Time Piracy Blocking Request

TorrentFreak

For more than seven years , Popcorn Time has been a thorn in the side of movie studios large and small. The ‘Netflix for Pirates’ offers an easy-to-use application that opens the door to a library of thousands of streamable movies and TV shows. Popcorn Time Crackdown. The Motion Picture Association (MPA) recognized this threat early on and pressured the original developers to throw in the towel.

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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. The patent contains a grant to the patentee, and a printed copy of the specification and drawing is annexed to the patent and forms a part of it. The granted patent confers “the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or.

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SpicyIP Weekly Review (September 27 – October 3)

SpicyIP

Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Poster for Zolgensma. In a guest post, Akhil wrote about Zolgensma, Novartis’ gene therapy medication prescribed for treatment of Spinal Muscular Atrophy (‘SMA’). Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act.

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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. . Energy Heating, LLC v. Heat On-the-Fly, LLC ( Fed. Cir. 2021 ).

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Server Test Showdown? The Conflicting Rulings Over Whether Embedding a Social Media Post Violates the Copyright Act

IP Tech Blog

Last year, I wrote about a ruling in the Southern District of New York, Sinclair v. Ziff Davis, 18-CV-790 (KMW), that refused to dismiss claims against a media company for embedding an Instagram post into one of its articles online. This ruling and others in federal trial courts in the Second Circuit conflict with the Ninth Circuit’s ruling in Perfect 10, Inc. v.

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This Week in Washington IP: Ethics in Artificial Intelligence, Challenges with Carbon Removal and the USPTO Hosts the 2021 Hispanic Innovation and Entrepreneurship Program

IP Watchdog

This week in Washington IP news, Congress is largely quiet except for a hearing of the House Artificial Intelligence Task Force regarding ethical frameworks for developing artificial intelligence (AI) applications in various industries. Elsewhere in D.C., the Center for Data Innovation explores data driven approaches in addressing e-commerce counterfeits, The Brookings Institution hosts a conversation with Susteon’s Shantanu Agarwal on the challenges of carbon removal tech, and the U.S.

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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. The same can’t be said for all anti-piracy organizations. Hunting Pirate Ghosts. As it turns out, sites that have long disappeared are still seen as a ‘threat’ That is, judging from the takedown notices they send to Google.

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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. In this issue we cover: DOMAIN NAME INDUSTRY NEWS.SPA springs to life New.ZUERICH extension CIRA partners with ScamAdviser to combat fraudulent sites.

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Podcast: David Golumbia Talking Facebook & Fascism

The Illusion of More

In this episode, I speak with David Golumbia, author and associate professor of digital studies, American literature, literary theory, philosophy, and linguistics at Virginia Commonwealth University. I asked Golumbia to join me after reading his blog post published on October 20th in which he asserts that Facebook is not just dropping the ball when it […].

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FRANCE.COM: Trademark Transferred to French Government without Recourse in US Courts

Patently-O

When you visit the website france.com , you’ll be quickly redirected to the French government’s explore-France travel site: france.fr. But, the US-company France.com, Inc. believes that the country stole the.com site. The case is now pending before the Supreme Court on petition for writ of certiorari is France.com v. The French Republic , Docket No. 21-448 (Supreme Court 2021).

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Announcing A Major Virtual Event, “Lessons from the First Internet Ages,” on Nov. 2-3, 2021

Technology & Marketing Law Blog

This year, I have been serving as a Knight Foundation visiting scholar along with Prof. Mary Anne Franks of University of Miami. I’m excited to publicly announce our project. Working with the Knight Foundation team, including John Sands, we assembled a remarkable collection of essays and a conference to explore them fully. The essays: we collected over a dozen submissions from some leading figures in Internet history and online communities.

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Beware the Shadow Statute: ALI’s Copyright Restatement Project is Quite the Fright

IP Watchdog

American creators know how to celebrate Halloween: Whether they’re writing a mystery novel, shooting a horror movie, or painting a calavera, they’re a huge part of the season. Unfortunately, this year, there’s a monster lurking that creators didn’t manufacture: The American Law Institute’s (ALI’s) Copyright Restatement Project. The ALI is an independent organization that produces and publishes academic papers, including “Restatements of Law”—papers on legal subjects that judges and lawyers can u

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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 IP-address was repeatedly used to share pirated films. After filing the original complaint , the copyright holders increased the pressure.

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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? .

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Does the Canadian Online Harms Proposal Increase Privacy Risks?

IPilogue

Photo by AbsolutVision ( UNSPLASH ). Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . . Online privacy is, without a doubt, an area of growing concern. As technology takes a greater presence in our lives, lawmakers are right to turn their minds to its potential deleterious effects. However, with the new Liberal government proposal, legal scholars and law students alike are left wondering if the Canadian Online Harms proposal will do more harm tha

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Guest Post: How It Started…How It’s Going: Venue Transfers in the Western District of Texas

Patently-O

By Paul R. Gugliuzza, Professor of Law, Temple University Beasley School of Law and Jonas Anderson, Associate Dean for Scholarship and Professor of Law, American University Washington College of Law. The biggest story in patent law over the past three years has been the emergence of the Waco Division of the Western District of Texas as the undisputed capital of U.S. patent litigation.

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International Webinar on ‘Vaccines and Immunization: Ethical and Legal Implications’ [October 18]

SpicyIP

We’re pleased to inform you that the Centre for Health Law and Policy (CHLP), the Centre for Human Rights (CHR) and the Centre for Intellectual Property Rights (CIPR) under the aegis of the National University of Advanced Legal Studies (NUALS), in collaboration with the Prof. N R Madhava Menon Interdisciplinary Centre for Research Ethics and Protocols (ICREP), CUSAT and the Kerala State Higher Education Council are conducting an international webinar on ‘Vaccines and Immunization: Et

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Let’s Put this Myth to Bed: The Eastern District of Texas is Not Plaintiff-Friendly

IP Watchdog

Over the last several days, the Wall Street Journal has reported on numerous federal district court judges that it says have violated the Code of Judicial Conduct by not recusing themselves in cases where they, or their spouse, held a pecuniary interest. The Journal reporting finds that, in most cases, the judges seem to have mistakenly believed that if they or their spouses owned stock in a company and their portfolio was blindly or privately managed by a money manager without input or knowledg

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US Copyright Office Expands Jailbreaking Exemption to Roku and Apple TV

TorrentFreak

Section 1201 of the DMCA prohibits the circumvention of copyright controls without permission. This legal restriction prevents the general public from bypassing DRM protection on a wide variety of content and devices. There are some important exceptions to this rule, however. This includes phone jailbreaking, which was declared legal in 2010. These provisions are renewed every three years after the Copyright Office hears various arguments from stakeholders and the general public.

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Transactions in the Age of Artificial Intelligence: Risks and Considerations

JD Supra Law

Artificial Intelligence (AI) has become a major focus of, and the most valuable asset in, many technology transactions and the competition for top AI companies has never been hotter. According to CB Insights, there have been over 1,000 AI acquisitions since 2010. The COVID pandemic interrupted this trajectory, causing acquisitions to fall from 242 in 2019 to 159 in 2020.

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The Hocus Pocus of Intellectual Property in Halloween Costumes

IPilogue

Photo by Seenbutnotsurd ( Reddit ). Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. Happy spooky season! From “Evil Midweek Cutie” to “Juice Demon”, the Internet has been buzzing with memes featuring hilarious knock-off Halloween costumes. But why do many retailers resort to using these creative names?

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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Below they summarize their findings. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law?

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