Plagiarism Today
MAY 23, 2023
The Andy Warhol ruling is less than a week old, but the Supreme Court may have just shaken the world of artificial intelligence to its core. The post What the Warhol Ruling May Mean for AI appeared first on Plagiarism Today.
Creative Law Center
MAY 7, 2023
Using Book Disclaimers to Protect Your Work and YourselfReal life inspires stories. It can't be helped. Writers observe, interpret, expound, and often twist based on what they see, hear, and how they feel about it. When a story has intimacy with reality, readers will see themselves in it. Sometimes what they see is not pretty, or […] The post Book Disclaimers: Tips for the Indie Author appeared first on Creative Law Center.
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TorrentFreak
MAY 31, 2023
Founded in 2008, RARBG evolved to become a key player in the torrent ecosystem. The site didn’t only attract millions of monthly visitors from all over the globe, it was also a major release hub, bridging the gap between the Scene and the broader pirate public. Today, the site’s fifteen year run unexpectedly came to an end. In a message posted on the site’s front page, the team says its farewells.
Hugh Stephens Blog
MAY 31, 2023
As the Writers’ Guild of America (WGA) strike grinds on with no end in sight, the impact is being felt not just in the US where picketing has halted some productions. Given the global production of US studios, the strike has echoes in the UK, Canada, Australia and elsewhere.
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?
Intellectual Property Law Blog
MAY 22, 2023
On May 18, 2023, the Supreme Court of the United States issued a unanimous decision in the case of Amgen Inc. et al. v. Sanofi, et al. , No. 21-757. After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid.
Copyright Alliance
MAY 19, 2023
Yesterday, the Supreme Court, in a 7-2 opinion written by Justice Sonia Sotomayor, found that the purpose and character of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s photograph […] The post Landmark Warhol Decision Reins in Transformative Fair Use appeared first on Copyright Alliance.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Michael Geist
MAY 5, 2023
The Liberal Party policy convention is underway in Ottawa with delegates preparing to debate a series of policy proposals that could ultimately make their way into their national election platforms. Party members voted on the top 20 proposals for discussion and included one involving the media and online information that seems obviously unconstitutional and a direct threat to a freedom of the press.
TorrentFreak
MAY 20, 2023
As one of the most notorious torrent sites, The Pirate Bay has been blocked by ISPs around the world. In response to these digital roadblocks, several proxy sites have sprung up to bypass these restrictions. Besides that, there are dedicated sites that help people to find these backdoors. The Proxy Bay “The Proxy Bay” has long been one of the leading information portals.
Hugh Stephens Blog
MAY 15, 2023
This question about Section 230 has been asked a number of times since Canada ratified the USMCA/CUSMA text that included Article 19.17.2, which says, in part; “no Party shall adopt or maintain measures that treat a supplier or user of an interactive computer service as an information content provider in determining liability for harms related … Continue reading "Did US-style “Section 230” Internet Platform Immunities Sneak into Canada through CUSMA?
SpicyIP
MAY 14, 2023
On attributes of a researcher, Prof. Basheer said here “ As a researcher, you need to keep asking yourself why? You cannot take anything for granted. So you must be curious about everything in the world… ” Along with our launch of the SpicyIP Empirical Database series today, on Prof Basheer’s 47th birth anniversary, we are also very happy to open up applications for the recently announced SpicyIP Doctoral Fellowship.
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The Illusion of More
MAY 16, 2023
The big battle over application of the fair use defense has been focused on the highly subjective, often confusing, doctrine of “transformativeness,” which is addressed under factor one of the four-factor test. Factor one considers the purpose of the use, including whether the purpose is commercial; and over the past decade or so, several high-profile […] The post Court in Richard Prince Case Affirms that “Transformative” Has Boundaries appeared first on The Illusion of More.
Plagiarism Today
MAY 4, 2023
A jury has found in favor of Ed Sheeran in the Thinking Out Loud lawsuit. Here's why he likely won and what it means for other cases. The post Why Ed Sheeran Won the Thinking Out Loud Lawsuit appeared first on Plagiarism Today.
Michael Geist
MAY 9, 2023
Meta executives faced another round of criticism at the Standing Committee on Canadian Heritage yesterday, yet beyond the usual outrage emanating from MPs that have labelled critics as racist or dismissed online news outlets at not news, was the growing realization that the company’s plan to block news sharing in Canada if Bill C-18 passes in its current form may not be a bluff.
TorrentFreak
MAY 27, 2023
The word ‘open’ in a connected world can be something positive. Open source, for example, or open library. On other occasions the opposite can be true; unnecessary ports left open on a router springs to mind. For millions of people using devices that appear to configure themselves, whether something is open or closed is irrelevant. If a device immediately works as promised, oftentimes that’s good enough.
Hugh Stephens Blog
MAY 18, 2023
Just days after Canada’s controversial Online Streaming Act (aka Bill C-11) finally cleared Parliament and was proclaimed law, the CRTC (Canadian Radio-television and Telecommunication Commission), the regulatory body empowered to implement the widespread changes to the Broadcasting Act encompassed by C-11, seized the initiative.
SpicyIP
MAY 14, 2023
Prof Shamnad Basheer Moving from Faith-based positions to Fact-based positions has been a topic that Prof Shamnad Basheer had long been propounding on this blog, with several prominent examples such as the petition to the Government to make Indian patent information available online more than 15 years ago, to displaying glaring gaps in Form 27 declarations , from the “ Indian Bayh Dole” issues , to countering claims about textbook prices , and more.
IP Watchdog
MAY 16, 2023
On day one of IPWatchdog’s Patent Litigation Masters program yesterday, the U.S. Supreme Court denied two patent eligibility cases that the U.S. Solicitor General had recommended granting. The denials make it fairly clear that the High Court is not interested in helping to resolve the current problems with U.S. patent eligibility law, which generally have to do with a lack of clarity, arguably fostered by many of the Court’s own precedents.
Plagiarism Today
MAY 22, 2023
A Texas A&M University-Commerce professor falsely accused many of his students of AI plagiarism. Here's what happened and why. The post Professor Falsely Students of ChatGPT Plagiarism appeared first on Plagiarism Today.
Michael Geist
MAY 18, 2023
The CRTC last week released the first three of at least nine planned consultations on the implementation of Bill C-11 (I was out of the country teaching an intensive course so playing catch-up right now). The consultations focus on the broad structure of the regulatory framework , registration requirements , and transitions from the current system of exemptions to one of regulations.
TorrentFreak
MAY 23, 2023
In recent years, many people have canceled their expensive cable subscriptions, opting to use cheaper Internet TV instead. Those who choose the cheapest plans often end up at pirate services. These may work flawlessly for years, until they don’t. Fiscal Police Raid IPTV Service Today, one of the largest pirate IPTV services was taken offline by the Dutch fiscal police ( FIOD ).
Patently-O
MAY 6, 2023
by Dennis Crouch The pace of technological advancement never ceases to amaze me, and it seems like even science fiction is struggling to keep up with reality. In recent months, we’ve witnessed some truly remarkable breakthroughs in the field of artificial intelligence (AI), and this latest development is right up there. Researchers have used GPT-style machine learning architecture to decode human thoughts by analyzing their functional MRI (fMRI) brain scans.
SpicyIP
MAY 17, 2023
Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. The Special 301 Report is a unilateral measure whereby the identified countries, whose IP regimes are not in line with the trading interests of the US industries, are placed a threat of unilateral sanctions.
IP Watchdog
MAY 17, 2023
The House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet today held the first of several planned hearings about the impact of artificial intelligence (AI) on intellectual property, focusing in this initial hearing on copyright law. The witnesses included three artists, a professor, and an attorney with varying perspectives on the matter, although the artists all expressed similar concerns about the potentially dire effects of generative AI (GAI) applications o
Plagiarism Today
MAY 15, 2023
Paper Mills are not a new threat to academic publishing, but they've stayed relevant through quick pivots and a system that rewards them. The post Paper Mills: An Old Crisis in Academia Made New appeared first on Plagiarism Today.
The IPKat
MAY 15, 2023
Can a Board of Appeal overturn a finding of fact at first instance? Boards of Appeal case law on this question currently conflicts ( IPKat ). The question comes down to how much the principle of the free evaluation of evidence restricts the competency of the Boards to overturn findings of fact. The recent decision in T 0042/19 found merit on both sides of the argument, but concluded that the power of Boards of Appeal to overturn a finding of fact by a first instance department was generally curt
TorrentFreak
MAY 22, 2023
Z-Library has become the go-to site for many readers in recent years by providing access to millions of books, without charging a penny. The site’s continued ability to do so was put to the test late last year when U.S. law enforcement seized over 200 domain names connected to the site. Two alleged Z-Library operators were arrested as part of a criminal investigation.
Kluwer Copyright Blog
MAY 15, 2023
Image by Gerd Altmann from Pixabay Recently, the German photographer Boris Eldagsen won a prestigious Sony World Photography Awards competition. After the winner was announced, the photographer disclosed that the image he submitted to the photography competition was generated through the use of an AI system and refused to accept the award. This has provoked a public discussion on whether AI should be attributed or mentioned when a work is generated by AI or using AI.
The Illusion of More
MAY 9, 2023
Just as it is folly to anthropomorphize computers and robots, it is also unhelpful to discuss the implications of generative AI in copyright law by analogizing machines to authors.[1] In 2019, I explored the idea that “machine learning” could be analogous to human reading if the human happens to have an eidetic memory. But this […] The post Let’s Stop Analogizing Human Creators to Machines appeared first on The Illusion of More.
IP Watchdog
MAY 15, 2023
You have to give them credit. The Department of Energy (DOE) bureaucracy doesn’t give up. For more than 40 years, they’ve been resisting the Bayh-Dole Act’s mandate cutting Washington out of micro-managing the commercialization of federally funded inventions. And under the guise of increasing domestic manufacturing, they’re well on their way to reasserting control.
SpicyIP
MAY 10, 2023
Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. While there has been a recent rising trend of such orders from the court (see here , here , here , here and here ) wherein the IP Offices’ orders were remanded back for being cryptic, unclear on the grounds of objecti
IP Tech Blog
MAY 15, 2023
A track called “ Heart on My Sleeve ” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. The pantomimed artist was Drake, no stranger to thirsty pining, backed by R&B artist The Weeknd. The song, however, was credited to Ghostwriter977, the alias of an anonymous TikToker, and neither Drake nor The Weeknd participated in the track’s creation.
TorrentFreak
MAY 28, 2023
A few years ago, the RIAA started targeting YouTube ripping sites by sending relatively rare takedown requests to Google. Instead of the usual DMCA copyright notices, the music group asked the search engine to remove various URLs for alleged violations of the DMCA’s anti-circumvention provision. The delisting requests are supposed to make it harder for people to find ‘YouTube MP3 download’ sites in search results.
JD Supra Law
MAY 19, 2023
This morning, the US Supreme Court issued its opinion in Amgen v. Sanofi, a closely watched case concerning patent law’s enablement requirement. Under that requirement, codified at 35 U.S.C. § 112(a), a patent specification must enable a person skilled in the relevant art “to make and use” the invention. In a unanimous decision, the Court affirmed the Federal Circuit’s ruling that the Amgen patent claims at issue are not enabled.
Michael Geist
MAY 4, 2023
The debate over Bill C-11 was frequently marked by politician and lobby group claims that failure to act would place the future of Canadian film and television production at risk. While internal government documents admitted that claims regarding the contributions from Internet streaming services understated the actual contributions by failing to account for “unofficial Cancon”, Canadian Heritage Minister Pablo Rodriguez was happy to feed the narrative that the bill was a critical support for an
IP Watchdog
MAY 14, 2023
The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S. Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. Now that the agency is seeking public comments on the issue of AI inventorship, I reached out to Dr.
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