December, 2021

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.

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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Benefits and Considerations for Patent Prosecution Under Patent Prosecution Highway in Australia, Canada, South Korea, and Japan

Intellectual Property Law Blog

Introduction. This is the second article of the multi-part series discussing benefits of prosecuting patents under Patent Prosecution Highway or PPH. The first article can be accessed here.

‘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.

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.

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.

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.

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Historic $130m+ Patent Infringement Award Against the United States of America

Intellectual Property Law Blog

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint).

‘Wandavision’ Is The Most Pirated TV-Show of 2021

TorrentFreak

At the end of every year, we take a look at the most-downloaded TV episodes among torrenting pirates. For several years in a row the list was headed by Game of Thrones but that reign came to an end last year after the series ended.

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. By: Allen & Overy LLP

The Trichordist Poll: 83% say Streaming is Unsustainable for Artists and Songwriters

The Trichordist

Rather surprising unanimity that streaming is not sustainable for artists or songwriters! Artist Rights Music Streaming Polls Spotify streaming meltdown

Music 106

7 Takeaways from YouTube’s Copyright Transparency Report

Plagiarism Today

Yesterday, YouTube published its first every Copyright Transparency Report. With that step, it follows in the footsteps of Google , Facebook , Reddit and other major industry players in publishing such a report.

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.”

Airbnb Uses Section 230 to Defeat a Personal Injury Claim–Smith v. Airbnb

Technology & Marketing Law Blog

I was a little surprised by this ruling. The Ninth Circuit’s HomeAway ruling seemingly eliminated Section 230 for any transactions that Airbnb booked, at least in the Ninth Circuit.

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.

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.

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!

Music 106

What Mr. Beast’s Squid Game Video Says About Originality

Plagiarism Today

Beast, real name Jimmy Donaldson, is a YouTuber who has earned a reputation for his massive giveaways, massive projects and expensive stunts. However, one of his most recent videos has been drawing some criticism over allegations that it is plagiarizing its source material.

Another Poke in the Eye for Authors and Publishers from New Zealand’s Libraries?

Hugh Stephens Blog

Fifth Circuit Issues an Important Online Jurisdiction Ruling–Johnson v. HuffPost

Technology & Marketing Law Blog

This is the most interesting Internet personal jurisdiction opinion I’ve read in years. I know that sounds like damning with faint praise, because many of you cannot find much enthusiasm about any jurisdiction ruling. Well, get excited about this one.

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. In 2021, the reality is all too clear.

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.

Top Trademark Trends of 2021 (Meta TMA edition)

Erik K Pelton

Top Trademark Trends of 2021. By Erik Pelton®. 2021 was a busy year in the world of trademarks. The uncertainties of COVID in a second year couldn’t stop huge application filing numbers and many developments in the world of trademarks.

Why Spotify Removed So Many Comedy Albums

Plagiarism Today

Last week, Spotify removed a slew of popular comedians from their service including John Mulaney, Kevin Hart, Lewis Black and Tiffany Haddish to name just a few. The move was abrupt and left both the comedians and their fans in a lurch. However, the move didn’t come completely out of nowhere.

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The (Still Secret) Online Harms Consultation: What the Government Heard, Part One

Michael Geist

The results of this summer’s online harms consultation remains largely shrouded in secrecy as the Canadian government still refuses to disclose the hundreds of submissions it received.

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.

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.

Music 113

Alpek Polyester, S.A. v. Polymetrix AG (Fed. Cir. 2021)

JD Supra Law

While the Federal Circuit has patent law as its principal focus, as a U.S. Circuit Court of Appeals, questions come before the Court on more mundane, procedural matters (which, sometimes being dispositive, does not reduce their importance to the parties and occasionally the rest of us).

Trademark protection is a brand’s best friend

Erik K Pelton

Dogs might be man’s best friend, but trademark protection is a brand’s best friend. Here are some fun canine themed trademarks we’ve helped protect: The post Trademark protection is a brand’s best friend appeared first on Erik M Pelton & Associates, PLLC

3 Count: Mythical Infringement

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Steam Removes Popular Chinese Strategy Game After Ark: Survival Evolved Studio Claims it Stole Their Source Code.

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

Michael Geist

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. Education

Hollywood & Netflix Win High Court Order to Block 15 Major Pirate Sites

TorrentFreak

One of the key anti-piracy strategies of the movie and TV show industries is site blocking, whereby internet service providers are compelled via court order to deny subscriber access to specified domains.

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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Preventing Trademark Problems is Like Preventing Cavities

Erik K Pelton

10The following is an edited transcript of my video, Preventing Trademark Problems is Like Preventing Cavities. Preventing trademark problems is like preventing cavities. lieve that is for two reasons.

3 Count: Keep Shaking

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Can’t Shake This: Taylor Swift to Face Copyright Lawsuit.

The 5 Worst Copyright Decisions of 2021

Copyright Lately

Remembering another frustrating year with a countdown of 2021’s most unsatisfying copyright rulings. I don’t know about you, but my 2021 actually made 2020 look pretty, prettay, prettaay good by comparison.