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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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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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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Hannukah with the Blawgers – Blawg Review #191, 2008 (Archive post)

Likelihood of Confusion

[stextbox id=”info”]Note: This was first posted on December 12, 2008. On review in 2016, it became apparent that a great many of the links were dead. Considering the choice between. The post Hannukah with the Blawgers – Blawg Review #191, 2008 (Archive post) appeared first on LIKELIHOOD OF CONFUSION™.

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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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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 259
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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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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

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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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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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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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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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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 133
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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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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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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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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? ".

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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.

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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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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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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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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.

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Honoring Our Nation’s First Responders

U.S. Department of Commerce

Honoring Our Nation’s First Responders. October 27, 2022. KCPullen@doc.gov. Thu, 10/27/2022 - 12:06. First responder network. By Chief Richard Carrizzo, Fire Chief for the Southern Platte Fire Protection District (Missouri) and Vice Chair of the First Responder Network Authority Board. First responders are at the core of our communities. Emergency medical officials treat those in pain.

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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 133
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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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Raising the resilience of your organization

McKinsey Operations

Repeatedly rebounding from disruption is tough, but some companies have a recipe for success: a systems mindset emphasizing agility, psychological safety, adaptable leadership, and cohesive culture.

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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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Chinese Patent Office Plans to Crack Down on Abnormal Patent Applications

IP Watchdog

The China National Intellectual Property Administration (CNIPA) released a draft of new measures that would downgrade the ratings of Chinese patent agencies that approve abnormal or fraudulent patents. CNIPA released the draft on October 8, which expands on a trial started in January 2022 in four provinces. The draft sets out to “crack down on illegal and untrustworthy acts” carried out by Chinese patent agencies and promote a healthier development of Chinese intellectual property.

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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.

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European Union Imposter Uses Russia Sanctions to Target ‘Escape from Tarkov’

TorrentFreak

Russia’s invasion of Ukraine has resulted in thousands of tragic deaths while millions of people have been forced to flee their homes. While soldiers risk their lives on the battlefield, an information war is raging around the world. More than in any previous armed conflict, the Internet has presented itself as a powerful weapon. Propaganda has always been an integral part of warfare, on all sides.

Copyright 133
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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.

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Embedded finance: Who will lead the next payments revolution?

McKinsey Operations

Winners are already emerging in the race to provide banking and payments infrastructure for embedded finance, but incumbents and new entrants still have time to claim a share of this dynamic market.

Marketing 136
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Audio Books v. Audio Summaries: Delhi HC and Copyright Implications

SpicyIP

Image from here. [This post has been co-authored with Lokesh Vyas]. As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. The matter is still being heard.

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This is No Time for Another TRIPS Blunder

IP Watchdog

With all of the problems besetting us, you might think that the last thing we need right now is another give-away of critical technologies, but that could be about to happen. Negotiations are underway in Geneva over a proposal from “developing countries” that negating patent protections for our COVID-19 vaccines wasn’t good enough. Now they want to extend that foolish concession we agreed to earlier this year to any COVID therapy.

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Website terms of service – enforceable or preempted?

JD Supra Law

There is a deepening circuit split on whether the US Copyright Act preempts contract claims arising from terms of service. A recent petition to the US Supreme Court by a song lyrics website highlights this, with potentially broad implications for the enforceability of website terms of service.

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