December, 2021

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Understanding the Shopify Textbook Piracy Lawsuit

Plagiarism Today

Last week, five major education publishers filed a lawsuit against Shopify alleging that the ecommerce service provider has enabled rampant commercial textbook piracy on its platform. According to the publishers, which include Macmillan Learning, Cengage Learning, Elsevier, McGraw Hill and Pearson Education, they have sent more than 32,000 takedown notices to Shopify over allegations ebook piracy only for the company to throw up roadblocks to getting content removed and have the company fail to

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Some Copyright Highlights in 2021-Around the World and in Canada?

Hugh Stephens Blog

It seems as if it was only a few weeks ago that I was writing a similar summary for 2020, the “annus horribilis” when COVID first hit us, but in fact it was 51 weeks ago yet many of the same pandemic and copyright-related issues that I wrote about last year are still with us, … Continue reading "Some Copyright Highlights in 2021-Around the World and in Canada?

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‘Widevine Dump”: Leaked Code Downloads HD Video from Disney+, Amazon, and Netflix

TorrentFreak

With more ways to stream online video than ever before, protecting video continues to be a key issue for copyright holders. This is often achieved through Digital Rights Management, which is often referred to by the initials DRM. In a nutshell, DRM is an anti-piracy tool that dictates when and where digital content can be accessed. Widevine DRM is one of the leading players in the field.

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A Split Develops: Can Artificial Intelligence Invent Stuff?

JD Supra Law

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. A recent U.S. district court decision illustrates the consistent position taken in the U.S. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

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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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Non-fungible tokens (NFTs) and copyright

WIPO Magazine

This year, NFTs (non-fungible token), the latest hype in the world of distributed ledgers and cryptocurrencies, have taken the art and tech worlds by storm. But what are the implications for copyright, if any?

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UK IPO launches call for views on Standard Essential Patents, innovation and competition

The IPKat

Image: gov.uk As published today on gov.uk, the UK's Intellectual Property Office (IPO) has launched a call for views on Standard Essential Patents (SEPs), intended to inform the position on whether the present framework requires change in order to best support innovation. This is a highly topical issue, with methods or devices which utilise technology that is essential to implementing a standard often being protected by patents, running the risk that a third-party manufacturer would be unable t

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How Can News Publishers Best Protect Their Content? The US Copyright Office Explores Options

Hugh Stephens Blog

This past October, the US Copyright Office (USCO) announced it would be undertaking “a public study to evaluate the effectiveness of current copyright protections for publishers in the United States, with a focus on press publishers.” The study, announced in the Federal Register, included a request for written submissions along with inviting stakeholders to participate … Continue reading "How Can News Publishers Best Protect Their Content?

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Sci-Hub Founder: Academic Publishers Are the Real Threat to Science, Not Sci-Hub

TorrentFreak

By offering free access to millions of ‘paywalled’ research papers, Sci-Hub is often described as “The Pirate Bay of Science”. The site is used by researchers from all over the world, to access papers they otherwise have a hard time accessing. For some, the site is essential to do their work. The major academic publishers such as Elsevier, Wiley, and American Chemical Society are not happy with the rogue research library.

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Recipes Aren’t Copyrightable, No Matter How “Exciting” They Are–Coscarelli v. Esquared

Technology & Marketing Law Blog

This case involves vegan chef Chloe Coscarelli , the first vegan to win Food Network’s Cupcake Wars. That win made her a legend in the vegan community, and she has parlayed her fame into some great vegan cookbooks. She also connected with a management group to build a vegan fast-casual restaurant chain called “By Chloe.” Unfortunately, that relationship did not go well.

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Trademarks in outer space: supporting the off-world economy

WIPO Magazine

As private companies like Virgin Galactic, SpaceX and Blue Origin signal a shift from space exploration to commercialization, is the time ripe to re-visit trademarks and other intellectual property rights in space?

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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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General Court: no absolute protection for symbols of particular public interest

The IPKat

Kat friend Jan Jacobi reports on a consequential decision by the General Court on official symbols. Official symbols are generally protected under articles 7(1)(h) and 7(1)(i) EUTMR. Article 7(1)(h) applies to symbols that are registered with and listed by WIPO, such as flags, state emblems and hallmarks. Article 7(1)(i) applies to signs that are of a particular public interest, but which have not been registered with WIPO.

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We Need to Rethink YouTube

Plagiarism Today

The stories have become incredibly common. Last week, it was YouTuber Mark Fitzpatrick, better known as Totally Not Mark, who faced some 150 copyright claims on his channel from Toei Animation. Fitzpatrick, a prolific reviewer of anime, had gone from running a successful channel reviewing anime to, according to his video, finding himself without revenue and facing the loss of three years of his work.

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Books and Supply Chains: A Christmas Challenge for Authors, Publishers and Booksellers

Hugh Stephens Blog

On October 22, the Malta registered giant container ship Zim Kingston, enroute from South Korea to Vancouver, lost 109 containers overboard in heavy seas off the coast of Vancouver Island. Although four containers washed ashore further north up the coast, most are assumed to have sunk.

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Twitch Users Can Now ‘Stream’ Movies & TV Shows Without Fear of DMCA Strikes

TorrentFreak

The idea that regular internet users could find themselves regularly concerned at the thought of being targeted by a copyright complaint would’ve been dismissed as scare tactics just a few short years ago. But. In 2021, the reality is all too clear. With the rise of social media platforms and user-generated content sites, the lowliest of netizens can find themselves tripping over copyright law and with the potential to lose valuable accounts, it’s something to take seriously.

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Save the Date! Free Webinar Tomorrow (12/8/21) on Radio Royalties and the American Music Fairness Act

The Trichordist

Learn about Radio Royalties and the American Music Fairness Act from industry stakeholders and experts during this FREE educational webinar sponsored by: Austin Music Foundation, Austin Texas… Read more "Save the Date! Free Webinar Tomorrow (12/8/21) on Radio Royalties and the American Music Fairness Act".

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Artificial Intelligence and Intellectual Property: what next for the UK?

JD Supra Law

There is still time to provide input to the UKIPO on copyright protection of computer-generated works, copyright exceptions for text and data mining and AI inventorship of patents as the government bids to make Britain a global AI superpower within the next ten years.

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[Opinion] Can an AI system be an inventor ?

The IPKat

The AmeriKat braces for the take over of the machines.or more likely not. There has been much headline ink spilled on the question of AI-inventorship in the IP press and beyond. Kat friends Professor Kelvin FK Low ( National University of Singapore ), Professor Wai Yee Wan ( City University of Hong Kong ) and Associate Professor Ying-Chieh Wu (Seoul National University) examine the recent Australian and UK cases and critical analyzes the arguments on both sides in an attempt to answer that quest

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Why the Digital Services Tax Act Violates Canada’s OECD Commitment to a Tax Moratorium

Michael Geist

The Canadian government’s decision to move ahead with the Digital Services Tax Act, legislation that will take effect in 2024 should the international agreement at the OECD fail to materialize by that date, is problematic for reasons that extend beyond sparking a trade battle with the United States and potentially leading to billions in tariffs on Canadian goods and services.

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Two Supreme Court IP Cases to Watch in 2022

IP Watchdog

As of today, the 2022 Supreme Court docket is light on intellectual property cases, with the Court having granted review of only one copyright case. However, one other major case lurks in the background on an issue—patent ineligibility—upon which the Supreme Court has already demonstrated its interest. These two cases are examined in greater detail below.

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Google Features YTS and 123movies as “Best Movie Websites”

TorrentFreak

To help hundreds of millions of people find what they search for, Google has implemented some nifty features over the years. In addition to providing a list of web results, Google often shows related questions and popular topics, which should make it easier to discover new content. These features are based on algorithms that are not always aware of the intricate nuances of today’s web.

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Yo Ho! A Copyright Pirate’s Life In 2021

Copyright Alliance

Since the passing of the original Copyright Act in 1790, developments in copyright law in the United States have been influenced by many civil disputes—lawsuits where one private party sues […]. The post Yo Ho! A Copyright Pirate’s Life In 2021 appeared first on Copyright Alliance.

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2021 Year in Review: Noteworthy Precedent for Patent Litigators

JD Supra Law

As the world marched forward in the face of the lingering covid-19 global pandemic, the Supreme Court and Federal Circuit followed suit, issuing several noteworthy decisions of which patent litigators should be aware in 2022. Selected decisions are summarized below. Supreme Court Declines Opportunity to Dismantle Patent Trial and Appeal Board: U.S. v.

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[Guest post] Universal Copyright Convention – RIP

The IPKat

The IPKat has received the following comment from Katfriend Jørgen Blomqvist (Centre for Information and Innovation Law, Faculty of Law, University of Copenhagen) on the recent announcement relating to the accession of Cambodia to the Berne Convention. Here's what Jørgen writes: Universal Copyright Convention – RIP by Jørgen Blomqvist On December 9, 2021, WIPO announced that the Kingdom of Cambodia has joined the Berne Convention for the Protection of Literary and Artistic Works, with effect fro

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Qatent – AI Generated Applications

Patently-O

I love this project that has the AI tech develop a detailed 20-30 page specification based upon a few claims and short description. [link]. I expect that most folks won’t be satisfied, but in many cases it might be sufficient. And, if the technology is sufficiently mainstream, it suggests that the patent document actually needs less disclosure.

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Becoming Harder to Justify a One-Size-Fits-All Patent System

IP Watchdog

Meanwhile, all patents— good, bad, revolutionary, and stupid— have eroded to the point where continued use of the U.S. patent system must be questioned. Despite the statute saying that patents are to be treated as property rights, the Supreme Court has ruled that patents are merely government franchises that can be stripped at any point in time during the life of the patent regardless of how much time or money has been invested by the patent owner.

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Fakku Sends DMCA Takedown Request Targeting TorrentFreak

TorrentFreak

When Fakku launched 15 years ago, it was an aggregator for unlicensed scanlations of adult manga, also known as hentai. The site’s founder, Jacob Grady, studied computer science in Massachusetts at the time and used student loans to pay the server bills of a site that was essentially a pirate operation. Fakku never sought trouble with rightsholders though.

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Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction, and Fanart

IPilogue

Photo by Muhammad Faiz Zulkeflee ( Unsplash ). Sabrina Macklai is an IPilogue Senior Editor and a 2L JD Candidate at the University of Toronto Faculty of Law. . Emily Chow is an?IPilogue?Writer and a 1L JD Candidate at Osgoode Hall Law School.?. . Fan culture, or “fandom”, is a term used to describe a community of fans built around a shared enjoyment of a particular piece of pop culture.

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An Ounce of Prevention: Preparing for Your Pre-Seed Financing Round

JD Supra Law

Benjamin Franklin famously cautioned that “an ounce of prevention is worth a pound of cure.” Although Franklin was warning the people of Philadelphia that preventing a fire is better than fighting one, the same admonition holds true when seeking financing at any stage of your company’s life cycle.

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EPO consults on patent grace periods (again)

The IPKat

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. Whilst this is not the first time the EPO has considered whether there would be any benefits to introducing a patent grace period, so far widespread support for introducing a grace period in Europe h

Patent 131
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Looking at PPVFR Authority’s cancellation of Pepsico India’s Extant Potato Variety Protection

SpicyIP

We’re pleased to bring to you a guest post by Arun Mohan on the recent order by the PPV & FR Authority dated 03.12.2021 in the “revocation application relating to FL 2027- Kavita Kuruganti” Arun has been a regular guest blogger for SpicyIP and you can find his bio and posts here and here. Looking at PPVFR Authority’s cancellation of Pepsico India’s Extant Potato Variety Protection.

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The Year in Copyright: From Google v. Oracle to the Takings Clause

IP Watchdog

One of the greatest attributes of copyright law is the never-ending abundance of exciting new developments, including those in Congress, the courts, and at the Copyright Office. On the surface, copyright seems straightforward in that it advances the public good by securing property rights to authors. But underneath this simple veneer lies centuries of debate about how best to balance the rights of authors with the public interest, where each distinct issue presents a veritable rabbit hole of met

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U.S. Indicts Two Men for Running a $20 Million YouTube Content ID Scam

TorrentFreak

To protect copyright holders YouTube uses an advanced piracy recognition system that flags videos or music used on users’ channels without permission. Through this ‘Content ID’ system, infringing content can be removed or monetized by funneling ad revenue to copyright holders, which can be quite lucrative for the rightsholders in question.

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Unlocking IP-backed financing in Singapore*

WIPO Magazine

Andre Toh, the author of a new report, the first in a new WIPO series, discusses Singapore’s experience in developing a multifaceted ecosystem to help businesses maximize the potential of their IP assets.

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Artificial Intelligence as an Inventor on Patents – The Global Divide and the Path Forward

JD Supra Law

DABUS (Device for the Autonomous Bootstrapping of Unified Sentience) is an artificial intelligence (AI) system created by Dr. Stephen Thaler. It reportedly conceived two separate inventions without any human intervention and therefore, was designated as an inventor on patent applications related to those inventions. The idea of assigning inventorship to an AI-machine not only brought new legal challenges but also left the global intellectual property (IP) community divided regarding whether an.

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EU enforcement of IPRs: the DG TAXUD and EUIPO’s joint report

The IPKat

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020. The report Previously, the results of enforcement of intellectual property rights (IPRs) in the EU had been published separately by the DG TAXUD and EUIPO.

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