June, 2023

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The Pirate Bay Reopens its Doors to New Members After Four Years

TorrentFreak

When The Pirate Bay launched nearly 20 years ago, its main goal was to become a bastion of free and uncensored information. The site categorically rejects takedown requests from copyright holders and allows anyone to upload almost anything. Since its early days, The Pirate Bay has always been free to use and open to the public at large. Those who wanted to share files only had to register an account, which was easy enough.

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The Case of the Knock-Off Cookbook

Plagiarism Today

Cookbook author Joanne Lee Molinaro highlighted a copycat cookbook that has raised new questions about imitation in publishing. The post The Case of the Knock-Off Cookbook appeared first on Plagiarism Today.

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First patent revocation actions before the UPC have been filed

The IPKat

On 2 June 2023, the Unified Patent Court (UPC) received its first patent challenge of its existence. Here is a quick recap about the UPC, and a bit of info on these proceedings! What is the UPC? The UPC is a new patents court which came into force on 1 June 2023, made up of judges who are nationals of EU Member states that are participating in the UPC.

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AI-generated Content and Copyright Registration

Creative Law Center

If you use AI technology to create work, you can claim copyright protection for your contribution to that work. Here's how to file your application for copyright registration. The post AI-generated Content and Copyright Registration appeared first on Creative Law Center.

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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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When the Irresistible Force of the Canadian Government Meets the Immovable Object of Meta and Google: What Happens Next for the Online News Act?

Hugh Stephens Blog

When an “irresistible force” meets an “immovable object”, the result is a classic paradox. That is, unless one of the two—or both—give way. If we assume the irresistible force is the Government of Canada in the form of Bill C-18, the Online News Act, and two giant internet platforms (Meta and Google) are the immovable … Continue reading "When the Irresistible Force of the Canadian Government Meets the Immovable Object of Meta and Google: What Happens Next for the Online News Act?

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A Massive Own-Goal for the Government: Google to Stop News Links in Canada Due to Bill C-18

Michael Geist

The worst case scenario for Canadian Heritage Minister Pablo Rodriguez, the Canadian news sector, and the Canadian public has come to pass: Google has announced that it will block news links in Canada in response to the mandated payment for links approach established in Bill C-18. The decision, which the company says will be implemented before the law takes effect, will cover search, Google News, and Google Discover.

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The Predictable Rise of Generative AI Spam

Plagiarism Today

A recent Newsguard report shines a light on the growth of AI spam news sites. Here's why Google has dropped the ball. The post The Predictable Rise of Generative AI Spam appeared first on Plagiarism Today.

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Going (copyright) bananas: Maurizio Cattelan prevails in copyright infringement lawsuit over Comedian

The IPKat

“ Perhaps I’ll be remembered in history as the banana imbecile ”, summed up provocative and uber-creative artist Maurizio Cattelan in a recent interview with Italian newspaper Corriere della Sera. I personally love everything by Cattelan and among other things I did enjoy the recent exhibition in Florence about his and other contemporary artists’ work.

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PREVAIL Act Would Overhaul PTAB Practice

IP Watchdog

On the same day the Patent Eligibility Restoration Act of 2023 was introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC), the two senators, along with their colleagues, Dick Durbin (D-IL) and Mazie Hirono (D-HI), introduced the Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act today. The bill’s aim is to reform the Patent Trial and Appeal Board (PTAB) and would build upon Coons’ STRONGER Patents Act, introduced in 2019.

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Implications of the U.S. Controlled Digital Lending Decision in Canada Remain Unclear

Hugh Stephens Blog

Whether the decision against Internet Archive in the U.S. will have a chilling effect on controlled digital lending practices in Canada remains to be seen. Earlier this year, a U.S. district court ruled that San Francisco–based non-profit Internet Archive (IA) infringed the copyright of four international publishing houses when it loaned unlicensed digital copies of … Continue reading "Implications of the U.S.

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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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The Damage Continues to Grow: Meta Begins Cancelling Existing Media Deals In Light of Bill C-18

Michael Geist

The damage caused by the government’s Bill C-18 continues to grow as Meta has started to cancel its existing agreements with Canadian publishers. The move should not come as a surprise since any deals that involve facilitating access to news content would bring the company into the legislative framework and mandate payments for links. Indeed, Meta said earlier this week that its 18 existing deals “ did not have much of a future.

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RARBG Shutdown is a Major Blow to the Pirate Ecosystem

TorrentFreak

Pirate sites come and go, often without being noticed by the public at large. That was certainly not the case when RARBG said its goodbyes yesterday. The popular torrent site had millions of daily users spread across several domain names. This included the flagship.to domain which currently displays a farewell message. After a brief intermezzo, many users simply began their search for alternatives, perhaps unaware that the effects of RARBG’s shutdown go beyond the site itself, leading to a

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The Major Obstacle to Detecting AI Writing

Plagiarism Today

There are countless tools to detect AI writing, however, all of them have a critical weakness. None give us the certainty to act. The post The Major Obstacle to Detecting AI Writing appeared first on Plagiarism Today.

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Book review: Intellectual Property Excesses

The IPKat

This is a review of Intellectual Property Excesses: Exploring the Boundaries of IP Protection , edited by Enrico Bonadio (City University London) and Aislinn O’Connell (Royal Holloway University of London). As the title suggests, this edited collection assembles examples of disputes that highlight IP at its most extreme, taking it to, what the editors refer to as “sometimes absurd outcomes which an unjustified overprotection of intellectual property may lead to.

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U.S. Copyright Office Generative AI Event: Three Key Takeaways

IP Watchdog

On Wednesday, June 28, the United States Copyright Office (USCO) hosted a virtual event exploring guidance for registration of works containing generative artificial intelligence (AI) content. The hour-long event included a recap of the USCO’s previously released policy guidance and the Zarya of the Dawn partial registration refusal, staff walking through numerous examples of how AI technologies are being used, and a Q&A session consisting of pre-planned and live audience discussion.

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To every cow her calf: claim against Organic Valley partially survives based on maternal separation

43(B)log

Takahashi-Mendoza v. Cooperative Regions of Organic Producer Pools, 2023 WL 3856722, No. 22-cv-05086-JST (N.D. Cal. May 19, 2023) Plaintiff sued defendant, which does business as Organic Valley, under the CLRA and UCL, challenging labels on milk that say: 1. “Organic Valley’s commitment to the highest organic standards and animal care practices helps make all our food delicious and nutritious”; 2.

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The Draft Bill C-11 Policy Direction: Canadian Heritage Implicitly Admits What It Spent Months Denying

Michael Geist

The government released its long-promised draft policy direction on Bill C-11 to the CRTC yesterday. The policy direction is open for public comment until July 25, 2023, after which the government will release a final version that gives the CRTC guidance on its expectations for how the bill will be interpreted. While Canadian Heritage was at pains to emphasize that the draft direction includes instructions that the “CRTC is directed not to impose regulatory requirements on online undertakings in

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Netflix and Amazon DMCA Notices Target Legal Streaming Options

TorrentFreak

Copyright holders send out millions of takedown notices a day, hoping to remove pirated content or make it harder to find. The efficacy of the DMCA takedown process is open for debate, but it certainly doesn’t help when companies flag legal websites as copyright-infringing. It is particularly ironic when these mistakenly targeted sites are supposed to help the public find their way to the right streaming service.

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How a Photographer Won Awards with Plagiarized Images

Plagiarism Today

An Italian photographer is facing allegations after winning several awards using another photographer's work. Here's how to prevent it. The post How a Photographer Won Awards with Plagiarized Images appeared first on Plagiarism Today.

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Shape trade marks: Italian Supreme Court confirms that Tic Tac box shape is a yes

The IPKat

On 11 May last, the Italian Supreme Court issued and interesting decision ( decision no. 12881 ) on the protection of the Tic Tac box as a shape trade mark, reaffirming the distinction between the “necessary form” and the “substantial form” of a product. The decision of the Supreme Court upholds the lower courts’ earlier decisions. Background Ferrero S.p.A.

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Patent Experts Sound Off on New Bills to Fix Eligibility and the PTAB

IP Watchdog

Last week was a big one for the potential future of the U.S. patent system. The deadline for comments on the U.S. Patent and Trademark Office’s (USPTO’s) Advance Notice of Proposed Rulemaking (ANPRM) on “Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings before the Patent Trial and Appeal Board [PTAB]” was Tuesday, June 20.

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USPTO Advisory Committees: An Opportunity to Advocate for Beneficial Innovation

Patently-O

The U.S. Patent and Trademark Office (USPTO) has announced a call for nominations for membership in its esteemed Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC). These committees were established under the Patent and Trademark Office Efficiency Act in 1999 with the task of advising the Secretary of Commerce and the Under Secretary of Commerce for Intellectual Property on patent and trademark operations, including agency management, goals, performance, b

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Relitigating Cariou:  Why Fine Art Will Still Be Fine After Warhol v. Goldsmith

The Illusion of More

Although the most straightforward cases of fair use thus involve a secondary work that comments on the original in some fashion, in Cariou v. Prince, we rejected the proposition that a secondary work must comment on the original in order to qualify as fair use. – 2nd Circuit Court of Appeals in Warhol v. […] The post Relitigating Cariou: Why Fine Art Will Still Be Fine After Warhol v.

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Megaupload Fugitive Arrested By Armed Police 11 Years After The Raid

TorrentFreak

The wheels of justice in the Megaupload case may have moved at a glacial pace over the last 11 years but there’s no doubt they continue to move. After entering into a plea deal with New Zealand authorities, last week former Megaupload coders Mathias Ortmann and Bram van der Kolk were sentenced at the High Court in Auckland to a total of five years in prison , to be served in New Zealand.

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Did a Professor Entrap His Students?

Plagiarism Today

A professor uploaded a fake answer key to a study aid website. In doing so, he caught 40 cheaters and sparked a debate. The post Did a Professor Entrap His Students? appeared first on Plagiarism Today.

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INFORM ACT Takes Effect June 27: What Businesses Need to Know

JD Supra Law

The Federal Trade Commission (FTC) announced the INFORM Act will take effect on June 27. Businesses with an online presence should understand what the new law means and how to prepare to avoid penalties. See Gibney’s prior update for more details on the Act requirements.

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To Make the U.S. Patent System More Efficient, Let’s Obviate Obviousness

IP Watchdog

Recovering money from users of technology requires movement on the part of inventors of technology. For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion.

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Judge Newman on Saving Patent Law

Patently-O

by Dennis Crouch Washington Post has published a long article titled, “ Colleagues want a 95-year-old judge to retire. She’s suing them instead ,” by Rachel Weiner. Judge Pauline Newman, the oldest active federal judge in the country, has been embroiled in controversy as she resists her colleagues attempts to urge/force her to retire. The article ends with a noteworthy quote from Newman that rings true to her characteristic resilience and dedication: “ I want to spend my last

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May 2023 Roundup of Copyright News

Copyright Alliance

In May, the U.S. Supreme Court finally issued its long-awaited decision in the Andy Warhol Foundation v. Goldsmith case, reining in the transformative use test under the first fair use […] The post May 2023 Roundup of Copyright News appeared first on Copyright Alliance.

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Authors Accuse OpenAI of Using Pirate Sites to Train ChatGPT

TorrentFreak

Generative AI models such as ChatGPT have captured the imagination of millions of people, offering a glimpse of what an AI-assisted future might look like. The new technology also brings up novel copyright questions. Several rightsholders are worried that their work is being used to train AI without any form of compensation, for example. How these and other copyright questions will be dealt with is not entirely clear.

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3 Count: ASCAP Wave

Plagiarism Today

Dua Lipa case permanently dismissed, ASCAP targets 13 businesses over unlicensed music and Senate committee tackles AI. The post 3 Count: ASCAP Wave appeared first on Plagiarism Today.

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Will Generative AI Create a Break in the Impenetrable Wall That Is Section 230?

JD Supra Law

Notwithstanding the robust protection it provides in many other contexts, Section 230 may not protect online platforms developing generative AI systems from legal liability arising from false information produced by their products. Neither the courts nor Congress have yet provided reliable legal guidance on generative AI in the United States, but a Georgia state court defamation case and newly introduced legislation in the Senate present opportunities to change that.

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Witnesses and House IP Subcommittee Members Skeptical About Extending TRIPS IP Waiver

IP Watchdog

The House of Representatives’ Subcommittee on Courts, Intellectual Property, and the Internet today held a hearing titled “IP and Strategic Competition with China: Part II – Prioritizing U.S. Innovation Over Assisting Foreign Adversaries,” which focused on the World Trade Organization’s (WTO’s) agreement on a waiver of IP rights for COVID-19 vaccine technologies under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) last June.

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What is in the Final Rejections: Eligibility

Patently-O

by Dennis Crouch Though there have been some improvements, initial office actions regularly require a fair amount clean-up and fine-tuning. This process often includes rectifying typographical errors and clarifying loose claim language. It’s also common for the examiner to misconstrue aspects of the invention. However, by the time the final rejection stage is reached, these issues are usually addressed, and the lines of difference are more clearly drawn.

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Creator Spotlight with Mixed Media Artist Demetri Broxton

Copyright Alliance

This week we’d like to introduce you to mixed media artist Demetri Broxton. Demetri is of Creole and Filipino heritage whose work is often inspired by “his connection to the […] The post Creator Spotlight with Mixed Media Artist Demetri Broxton appeared first on Copyright Alliance.

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