October, 2022

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Will the “Artists’ Resale Right” Come to Canada and the US?

Hugh Stephens Blog

Well over half the world (more than 90 countries from Algeria to Venezuela, with all of the members of EU, Britain, Australia, Mexico and many African countries included) have an Artists’ Resale Right (ARR) in their copyright law, but not North America north of the Rio Grande—except for California. North of Mexico, the ARR does … Continue reading " Will the “Artists’ Resale Right” Come to Canada and the US?

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The Tainted Legacy of Paul McCrory

Plagiarism Today

Paul McCrory. According to Retraction Watch , former prominent concussion researcher Paul McCrory has drawn another 9 transactions as the British Journal of Sports Medicine and its publisher, BMJ, continues their investigation into his library of work. The nine retractions all involve opinion pieces that he authored for the journal while serving as editor-in-chief between 2001 and 2008.

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Will fusion energy help decarbonize the power system?

McKinsey Operations

Nuclear fusion has long been considered a near-impossible clean-energy solution. But technological advances—and the need for a flexible zero-carbon power grid—have made fusion worth considering.

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Government Moves to Block Dozens of Potential Witnesses as it Shuts Down Bill C-18 Hearings

Michael Geist

Earlier this year, the government deployed disturbing anti-democratic tactics by repeatedly cutting off debate on Bill C-11 in both the House of Commons and during clause-by-clause review of the bill. As a result, MPs rushed to vote on over 150 amendments , most without public disclosure of what was even being voted on. That approach rightly sparked anger and has even led supporters of Bill C-11 to ask the Senate to remedy unexpected amendments that were not subject to any public debate.

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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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BREAKING: EPO to abolish the 10 day rule

The IPKat

The Chartered Institute of Patent Attorneys (CIPA) is reporting that the EPO Administrative Council (AC) has decided to abolish the 10 day rule. Old style delivery The EPO "10 day rule" is currently provided by Rule 126(2) EPC. The Rule stipulates that notification from the EPO is considered to occur 10 days after the date on which the notification was sent.

Reporting 140

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AI and Computer-Generated Art: Its Impact on Artists and Copyright

Hugh Stephens Blog

If you are not an early tech adopter, you may not have heard of, or heard much about, DALL-E 2.

Art 246
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5 Spooky Articles About Copyright and Halloween

Plagiarism Today

As many long-time readers likely know, most Halloweens I help operate a neighborhood haunted house and, as a result, I usually take some time away from the site in late October. However, for the past few years, the haunt has been closed. In 2019, it was due to road work on my street and both 2020 and 2021 due to the pandemic. This year, for the first time since 2018, we will be open, and we couldn’t be more excited.

Copyright 257
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Power spike: How battery makers can respond to surging demand from EVs

McKinsey Operations

As the auto market embraces electric vehicles, battery demand is soaring. Bold moves in gigafactory construction, supply chain strategy, and talent acquisition can help industry players get ahead.

Marketing 142
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Robot War at ITC Leads to Preliminary Win for iRobot

IP Watchdog

Roomba maker IRobot Corp. came closer to its goal of knocking down cheaper rival SharkNinja after winning a decision in its patent-infringement case at the International Trade Commission (ITC/Commission), though it wasn’t a clear victory. ITC Judge MaryJoan McNamara said SharkNinja infringed two of four asserted iRobot patents, according to a notice posted last week on the agency’s electronic docket.

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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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Book Review: The Artificial Inventor - A Challenge for the Patent System

The IPKat

Image: Thomson Reuters In ‘The Artificial Inventor’ ( Thomson Reuters ), Luz Sánchez García (University of Murcia) characterises humanity as standing at the cusp of an ‘Artificial Invention Age’ in which Artificial Intelligence (AI) is no longer used as a tool but rather a creative partner or independent innovator. The challenges presented by this state of affairs, including whether ‘artificial agents’ can be considered inventors, patent their inventions, and enjoy the benefit of patent ownershi

Inventor 140
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Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Aaron Perzanowski , University of Michigan Law School. Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton.

Blogging 135
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Government Funding For an Anti-Semite: They Knew For a Month. And Did Nothing.

Michael Geist

The Laith Marouf/CMAC incident took another turn today as Globe and Mail has a report that the Prime Minister’s Office knew for a month that the government was funding an anti-semite as part of its anti-hate program. And it did nothing. I have written previously about how calling out government ministerial silence on this issue led Liberal MP Chris Bittle to suggest I am racist and a bully.

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TikTok Blocks Z-Library Hashtag Pending Piracy Investigation

TorrentFreak

While movie and music piracy tends to generate the most headlines, the publishing industry is facing similar issues. Pretty much every book ever written is available online for free, including through so-called ‘shadow libraries’ Z-Library is one of the largest shadow libraries on the Internet. Through a variety of domain names, the site offers over 11 million books and 84 million articles.

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The scaling imperative for industry 4.0

McKinsey Operations

Global Lighthouse Network organizations continue to light the way in the Fourth Industrial Revolution. To keep up, companies must now scale technologies across sites and value chains.

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Copyright and Transformative Fair Use

Patently-O

by Dennis Crouch. On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. v. Goldsmith , Docket No. 21-869 (2022). Roman Martinez (Latham Watkins) is set to argue for Warhol and Lisa Blatt (Williams Connolly) for Goldsmith. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens.

Fair Use 134
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Alicante, Granada and La Coruña to compete as seat for the Spanish AI Agency

The IPKat

In early October, the Spanish government published the criteria for selection of the seat for the Spanish Agency for the Supervision of Artificial Intelligence (AESIA). Spain will thus become the first country in the European Union (EU) to set up a supervisory agency for artificial intelligence (AI). As its name implies, AESIA will supervise the creation, use and commercialisation of AI systems, especially those that might pose a threat to public safety or affect fundamental rights (such as the

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Facebook Defeats Lawsuit Over Its Fact-Checking Explanations–Stossel v. Meta

Technology & Marketing Law Blog

John Stossel has over a million Facebook followers. He posted two videos that triggered fact-checking responses from Facebook. The first video, “Government Fueled Fires,” downplayed the impact of climate change as the cause of California’s annual forest fire conflagrations. Facebook added a “missing context” legend that said “[i]ndependent fact-checkers say this information is missing context and could mislead people.

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Lessons from the Levandowski Case: Reimagining the Exit Interview as Risk Management

IP Watchdog

It was February 2017 when Waymo, Google’s self-driving car unit, sued Uber in what would become the biggest trade secret case of the century. Waymo alleged that its former manager, Anthony Levandowski, had organized a competing company while still at Waymo, and before leaving had downloaded 14,000 confidential documents. As it turned out, Uber had known about this when it agreed to pay $680 million for Levandowski’s brand new startup; and we’ve already looked at how the hubris of that hasty tran

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RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat

TorrentFreak

Artificial Intelligence (AI) is a buzzword that’s frequently used by startups and established businesses in the tech industry. In some cases, it refers to little more than advanced algorithms, but complex self-learning computer systems with human-like traits are actively being developed as well. From a copyright perspective, AI can bring up some interesting questions.

Music 132
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The fight against money laundering: Machine learning is a game changer

McKinsey Operations

To realize the full benefits of machine learning and advanced analytics in anti–money laundering, institutions need AML experts, strong data science talent, and reliable data sources in the fight against this type of financial crime.

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Will the Copyright Royalty Board approve Big Tech’s attempted cover-up? 

The Trichordist

By Chris Castle [This MusicTechPolicy post appeared on Hypebot] There’s an old saying among sailors that water always wins. Sunlight does, too. It may take a while,… Read more "Will the Copyright Royalty Board approve Big Tech’s attempted cover-up? ".

Copyright 132
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The House of Commons Committee Process is Broken

Michael Geist

Over the past year, I have watched an unhealthy amount of House of Commons and Senate committee hearings. In fact, in recent months I may have watched more of the Standing Committee on Canadian Heritage than Netflix, given hearings on Bill C-11, C-18, and the Laith Marouf issue. Having watched many hours – and appeared multiple times before that committee and others – it is time to declare the system broken.

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Litigation Blackmail: Sanctions for Gaming IPR System

Patently-O

by Dennis Crouch. OpenSky Indus v. VLSI , IPR 2021-1064 (Before Dir. Vidal). Stepping-in like a court of equity, Dir. Vidal today issued a Precedential Order finding that OpenSky had abused the IPR process. OpenSky filed its IPR petition soon after VLSI won a $2 billion judgment against Intel. At that point though, OpenSky offered to work on behalf of either VLSI or Intel.

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The Pride in Patent Ownership Act is Big Tech Boondoggling

IP Watchdog

The Pride in Patent Ownership Act, S.2774, is currently being attached to the National Defense Authorization Act (NDAA). The NDAA is “must pass” legislation funding the military at a time when wars are brewing around the world, some with credible threats of nuclear war. Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law.

Ownership 131
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BREIN is Not Allowed to Warn BitTorrent Pirates, But it Can Sue Them

TorrentFreak

Supported by Hollywood and other content industries, Dutch anti-piracy group BREIN has a long and well-established track record. Where other groups often take pride in announcing million-dollar damages and prison sentences against pirates, BREIN is rather pragmatic. This approach is illustrated by a warning campaign launched at the end of 2020. Unlike other copyright enforcement groups, BREIN is not interested in casual pirates.

Licensing 132
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Building a safer metaverse

McKinsey Operations

Rob Lowe, director of global marketing at Epic Games and former managing director of Digital Play at LEGO Ventures, discusses the enormous opportunities presented by emerging technology and end-user democratization. An edited version of the conversation from our ‘Value creation in the metaverse’ report follows.

Editing 140
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Kat Von D, Think Before You Ink

IPilogue

Ariel Goldberg is a 1L JD Candidate at Osgoode Hall Law School. Typically, tattoo aftercare instructions include strictly hygienic recommendations, but tattoo artist Kat Von D might have a unique suggestion: prepare to be an exhibit in a copyright infringement lawsuit. Back on February 7, 2021, award-winning professional photographer Jeffrey B. Sedlik (“Sedlik”) filed a complaint in the U.

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Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy. Most online terms-of-use agreements claim to give their drafters broad discretion to modify the terms at the host’s discretion. Some terms-of-use agreements purport to allow host websites to modify the terms by sending an email (inevitably, to your spam folder) to notify you of the changes. Others require users to constantly refresh their browsers to know when updates occur.

Marketing 129
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Is there anything good about Parma Ohio?

Patently-O

by Dennis Crouch. I assume that you have read The Onion amicus brief in Novak v. City of Parma Ohio. If not, please do it is a total classic. Novak Parma Onion Amicus Brief PDF. The case involves Anthony Novak who created a parody Facebook page to mock his the local police department in Parma, Ohio. The posts were clearly parody after perhaps a bit of initial confusion.