September, 2023

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[Guest post] Artificial Intelligence and (hopefully) the death of copyright

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Here's what Jakub writes: Artificial Intelligence and (hopefully) the death of copyright by Jakub Wyczik* Last year, I wrote an article about how copyright law relates to creations generated by AI.

Copyright 137
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The World’s Oldest Active Torrent Turns 20 Years Old

TorrentFreak

In 2003, the World Wide Web was still in its infancy. Dial-up connections were still the default and YouTube, Facebook, and Gmail had yet to be invented. There was a new technology making waves at the time. BitTorrent made it much easier for people to transfer large files, opening the door to unlimited video-sharing without restraints. Many people started experimenting with BitTorrent by sharing pirated films and TV shows.

Invention 145
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Another AI Copyright Registration Rejected

Plagiarism Today

A famous AI-generated piece of art has been rejected by the US Copyright Office. Here's why the decision matters and what it means. The post Another AI Copyright Registration Rejected appeared first on Plagiarism Today.

Copyright 321
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A Tale of Two Copyrights

Hugh Stephens Blog

Registration of AI-Generated Works in the United States and Canada: A Comparison Credit: Shutterstock Human Creation The question of whether works that are generated in whole or part by Artificial Intelligence (AI) should enjoy copyright protection is a hot topic at the moment.

Copyright 282
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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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A 4% Link Tax: Why the Government’s Draft Bill C-18 Regulations Just Increased the Chances of No News on Meta and Google in Canada

Michael Geist

The government is releasing its draft regulations for Bill C-18 today and the chances that both Google and Meta will stop linking to news in Canada just increased significantly. In fact, with the government setting an astonishing floor of 4% of revenues for linking to news, the global implications could run into the billions for Google alone. No country in the world has come close to setting this standard and the question the Internet companies will face is whether they are comfortable with the

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The localization of IP infringements in the online environment: From Web 2.0 to Web 3.0 and the metaverse – New study for WIPO

The IPKat

Dematerialized Kat Over time, technological advancements have resulted in novel ways both to exploit content and to infringe rights – including IPRs – vesting in them. Legislative instruments have consistently clarified that pre-existing rights continue to apply to new media , i.e., means to disseminate intangible assets, including in digital and online contexts.

IP 140
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The Pirate Bay Celebrates Its 20th Anniversary

TorrentFreak

During the summer of 2003, Swedish pro-culture organization Piratbyrån was making a name for itself; sharing news and educating people on how they could share media online. What the group’s members didn’t realize at the time, is that the plans they made would create a ripple effect that still has an impact decades later. Like many other people mesmerized by the unbridled ability to share files over the Internet, the new BitTorrent protocol caught Piratbyrån’s eye.

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Is Google Favoring AI Content?

Plagiarism Today

A recent algorithm change at Google has many webmasters angry as their traffic tanks while AI-generated pages outrank them. Here's why. The post Is Google Favoring AI Content? appeared first on Plagiarism Today.

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India Government Adopts New Tool to Tackle Film Piracy and Modernizes Content Classification

Hugh Stephens Blog

On August 4, 2023, India’s Cinematograph (Amendment) Bill, 2023, received Presidential assent and became the law of the land. Enactment marked the culmination of a decades-long process to update the country’s anti-piracy laws by cracking down on camcording in theatres and imposing significant penalties for distribution of illegally recorded films.

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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 Need for Truthful Accountability: What ATIP Records Tell Us About Pablo Rodriguez and Canadian Heritage Funding an Anti-Semite

Michael Geist

The past few days have been painful to watch as Canadian politicians grapple with the aftermath of recognizing and applauding a Nazi in the House of Commons. The episode and its response brings back memories from last year’s discouraging response to revelations that Canadian Heritage’s anti-hate program had provided funding to Laith Marouf, a known anti-semite.

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Artificial Intelligence in Drug Development: Patent Considerations

IP Watchdog

Artificial intelligence (AI) is a field of computer science that creates software or models that mimic human reasoning or inference. Machine learning is a subset of AI which uses algorithms trained on massive amounts of data to allow the computer to learn with gradually improving accuracy without explicitly being programmed. The biopharmaceutical and healthcare fields produce massive amounts of data, including properties and characteristics of drug compounds, biological, genomic, and clinical da

Patent 132
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Hague Court provides first judgment on online marketplace IP infringement liability following Louboutin v Amazon

The IPKat

In a recent judgment , the District Court of the Hague (the Court) found that Fruugo, an online marketplace, was not directly liable under trade mark law for the advertisement and sale, on its platform, of products which infringed the trade marks of Audi and Volswagen. Background The avid IPKat reader may recall that late last year, the IPKat reported on a somewhat surprising decision of the Court of Justice of the European Union (the CJEU), which held, disagreeing with the Advocate General’s op

IP 130
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TV Museum Will Die in 48 Hours Unless Sony Retracts YouTube Copyright Strikes

TorrentFreak

The advent of the internet and its subsequent development in the mainstream have given rise to a perpetual, collaborative, global recording machine that would’ve been unimaginable 40+ years ago. Back then, videotape recording machines were cutting edge and a type developed by Sony was fighting for its life. Since Sony’s Betamax-format recorders were able to record TV shows, studios including Universal and Disney sought to hold Sony liable for users’ alleged copyright infringeme

Copyright 144
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How to Teach Paraphrasing

Plagiarism Today

Far too many students don't know how to properly paraphrase. Here's how to teach the concept and help students get caught up. The post How to Teach Paraphrasing appeared first on Plagiarism Today.

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Nonprofits’ Use of Artificial Intelligence Systems: Intellectual Property and Data Privacy Concerns

JD Supra Law

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective purposes. As nonprofit executives, you may be wondering how AI intersects with intellectual property and data privacy law, and how it could affect your organization.

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The Documents Don’t Lie, Even If It Appears Pablo Rodriguez Does: ATIP Reveals His Office Was Informed Within Minutes of CMAC/Marouf Termination Notice

Michael Geist

When national concern broke out over Canadian Heritage funding an anti-semite as part of its anti-hate program in August 2022, then Heritage Minister Pablo Rodriguez was nowhere to be found. While specific responsibility for the program lay with cabinet colleague Ahmed Hussen, internal documents obtained under the Access to Information Act reveal that Rodriguez’s office was well aware of the issue.

Contracts 133
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Third Circuit Cancels Watermelon Candy Trademark in Precedential Functionality Decision

IP Watchdog

On September 7, the U.S. Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. v. Haribo of America Inc. In affirming the district court’s grant of summary judgment, the Third Circuit found that PIM’s federally registered trademark to a wedge-shaped candy with green, white and red stripes should be canceled because the mark as a whole identifies the candy’s flavor.

Trademark 132
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European Parliament approves Regulation for Non-Agri Geographical Indications

The IPKat

Yesterday, the European Parliament adopted the Regulation on geographical indication (GI) protection for craft and industrial products, also known as non-agri GIs. This will create a new, EU-wide system of sui generis GI protection for products such as ceramics or knives. The adopted text is available here. Up until now, only wine, spirit drinks and agricultural products could benefit from EU-wide GI protection.

Art 127
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LaLiga “Talks to Google” About Deleting Piracy Apps From a Million Phones

TorrentFreak

An event organized by Spanish football league LaLiga took place at the Museum of Arts and Sciences of Valencia yesterday. LaLiga were joined at “Fight Against Piracy in Sporting Events” by Víctor Francos Díaz , Spain’s recently appointed Secretary of State for Sports and president of the Higher Sports Council (CSD), and MEP Iban García del Blanco.

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A.V. Club’s AI Reporter Plagiarized IMDb

Plagiarism Today

A report by Futurism points out plagiarism by A.V. Club's AI reporter. Here's why it matters, even if the company doesn't seem to care. The post A.V. Club’s AI Reporter Plagiarized IMDb appeared first on Plagiarism Today.

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United in Memory: The Effects of September 11 Still Reverberate Today

U.S. Department of Commerce

United in Memory: The Effects of September 11 Still Reverberate Today September 11, 2023 KCPullen@doc.gov Mon, 09/11/2023 - 09:35 First responder network By Joe Wassel, Executive Director and CEO, First Responder Network Authority September 11 irrevocably altered the lives of Americans. Today, on the anniversary, we solemnly reflect on that fateful day and its impact on our nation.

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A Reality Check on the Online News Act: Why Bill C-18 Has Been a Total Policy Disaster

Michael Geist

Prime Minister Justin Trudeau was asked this week about concerns with the implementation of Bill C-18, to which he responded that other countries are quietly backing Canada in its battle against tech companies. I posted a reality check tweet noting that Meta is not returning to news in Canada, the law’s regulation stipulating a 4% fee on revenues is not found anywhere else, and that Bill C-18 has emerged as a model for what not to do.

Law 129
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Judge Newman Gets Standing Ovations During Induction into IPWatchdog Masters Hall of Fame; Presents First Ever Pauline Newman Award

IP Watchdog

Judge Pauline Newman, who is currently in the midst of a very public fight with the Chief Judge of her court, received two lengthy standing ovations at IPWatchdog LIVE on Monday as she accepted her induction into the IPWatchdog Masters Hall of Fame, and also presented the inaugural Pauline Newman Award to Henry Hadad of Bristol-Myers Squibb. Newman had a message for those in attendance that hinted at the need for a possible “major upheaval” of the judicial system for IP rights.

IP 128
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[Guest post] Deepfake it till you make it: How does AI relate to postmortem personality rights?

The IPKat

The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. Here’s what they write: Deepfake it till you make it: How does AI relate to postmortem personality rights?

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X Clearly Profits from Widespread Music Piracy, Labels Argue

TorrentFreak

Earlier this year, Universal Music, Sony Music, EMI and others filed a complaint at a Nashville federal court, accusing Elon Musk’s X Corp of “breeding” mass copyright infringement. The company behind X allegedly fails to properly respond to takedown notices and lacks a proper termination policy for repeat infringers. As a result, X is reportedly rife with music piracy.

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Why Fables is NOT Public Domain (Yet)

Plagiarism Today

Bill Willingham, the creator of the Fables, says he has placed the universe in the public domain. However, it's not that simple. The post Why Fables is NOT Public Domain (Yet) appeared first on Plagiarism Today.

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China Starts Registering Trademarks Filed for NFTs and Virtual Goods in the Metaverse

JD Supra Law

The Trademark Office of the China National Intellectual Property Administration (“Chinese Trademark Office” or “the Office”) has recently approved a slew of marks filed for non-fungible tokens (“NFTs”) and other goods and services for use in the metaverse. These include downloadable digital files authenticated by non-fungible tokens (NFTs) and virtual goods in class 9, displaying virtual goods for retail purposes in class 35, providing virtual goods for entertainment purposes in class 41, and.

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Why Industry Minister Champagne Broke the Bill C-27 Hearings on Privacy and AI Regulation in Only 12 Minutes

Michael Geist

More than a year after Bill C-27 was first introduced, the Standing Committee on Industry, Science and Technology finally launched its review of the bill yesterday with an opening appearance from ISED Minister F rançois-Philippe Champagne. The delays in Bill C-27 reflect significant concern with both the effectiveness of the privacy provisions and the inclusion of an AI bill that is widely viewed as inadequate.

Privacy 124
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IP VIPS Send Letter to Congress Countering Calls for Government Price Controls on Drugs

IP Watchdog

Twenty-five intellectual property luminaries sent a letter today to several members of Congress asking them to beware of misleading and inaccurate assertions by “activists and academics” that government price controls on drugs will lead to lower costs for consumers. The letter was sent to Senators Bernie Sanders (I-VT) and Bill Cassidy (R-LA), Chairman and Ranking Member, respectively, of the Senate Committee on Health, Education, Labor & Pensions; and Representatives Jason Smith (R-MO) and