November, 2023

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Is There an Ethical Way to Use AI Writing?

Plagiarism Today

One year after the launch of ChatGPT, a question lingers: Is there an ethical way to use AI writing? If so, what steps does one need to take? The post Is There an Ethical Way to Use AI Writing? appeared first on Plagiarism Today.

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Chided by the Canadian Federation of Library Associations for Defending Authors: What an Honour!

Hugh Stephens Blog

Image: Shutterstock All my life I have tried to behave well around librarians lest I be given a steely stare and be chided by the person on duty. I have tiptoed, suppressed coughs, and whispered in hushed tones. And generally, I have succeeded in avoiding reprimand. Until now. Lorisia McLeod, Chair of the Canadian Federation … Continue reading "Chided by the Canadian Federation of Library Associations for Defending Authors: What an Honour!

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AI is Not Creative Per the USCO and the Courts – And That’s a Good Thing

IP Watchdog

Recently, Wen Xie argued on IPWatchdog that the U.S. Copyright Office (USCO) and the U.S. Patent and Trademark Office (USPTO) have reached different conclusions regarding “the creative and conceiving capabilities of machines,” which leads to intellectual property (IP) law being self-contradictory. According to Xie, the USCO presumes that artificial intelligence (AI) is creative, while the USPTO does not reach a similar conclusion regarding AI inventorship.

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Axonics, Inc. v. Medtronic, Inc. Nos. 2022-1532, 2022-1533, (Fed. Cir. August 7, 2023)

Intellectual Property Law Blog

This case addresses the ability of a petitioner in an IPR to present new evidence in a reply brief, particularly where the patent owner proposes a new claim construction in its patent owner response. Background Medtronic, Inc. (“Medtronic”) owns multiple patents relating to transcutaneous (i.e. through the skin) charging of implanted medical devices.

Art 264
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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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AI Copyright Infringement Suit Proceeds in California District Court

JD Supra Law

In an early test of the interplay between artificial intelligence (AI) and copyright law, the US District Court for the Northern District of California recently allowed a copyright infringement claim to proceed against an AI developer that used an artist’s works without authorization to train a machine learning model.

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Sports Illustrated: AI-Generated Articles, AI-Generated Authors

Plagiarism Today

An article by Maggie Harrison at Futurism takes a look at the use of AI-generated content and AI-generated reporters at Sports Illustrated. According to Harrison, the publication received a tip from insiders at Sports Illustrated that the site was using a slew of fake journalists to serve as bylines for AI-generated content. When they investigated, … The post Sports Illustrated: AI-Generated Articles, AI-Generated Authors appeared first on Plagiarism Today.

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Remembrance Day Poppies: Who Can Produce and Sell Them, including Designs Incorporating Them?

Hugh Stephens Blog

Photo: Author (Poppy paid for!) I was at a store a couple of days ago and as is common at this time of year, there was the tray of Remembrance Day poppies on offer, with the proceeds going to the Royal Canadian Legion. I slipped in my $5 donation (is that enough in these days … Continue reading "Remembrance Day Poppies: Who Can Produce and Sell Them, including Designs Incorporating Them?

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Google Sues Men Who Weaponized DMCA Notices to Crush Competition

TorrentFreak

While all non-compliant DMCA takedown notices are invalid by default, there’s a huge difference between those sent in error and others crafted for purely malicious purposes. Bogus DMCA takedown notices are nothing new, but the rise of organized groups using malicious DMCA notices as a business tool has been apparent in recent years. Since the vast majority of culprits facing zero consequences, that may have acted as motivation to send more.

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White House Executive Order on AI Punts on IP Issues

Intellectual Property Law Blog

The White House Executive Order on AI (“EO”) is comprehensive and covers a wide range of topics. We provided a summary here. It addresses many of the risks and problems that can arise with AI. One of the topics which raises many legal issues, particularly with generative AI (“genAI”), is intellectual property. Some of the IP issues include: i) whether training AI models on copyrighted content constitutes infringement; ii) whether the output of genAI that is based on copyright-protected training

IP 262
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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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Intellectual Property Developments from the U.S. Executive Order on Artificial Intelligence

JD Supra Law

The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”), issued on October 30, 2023, includes many initiatives relating to the development and use of artificial intelligence (“AI”). This alert focuses on key aspects of the EO with respect to intellectual property (“IP”) and may help inform an organization’s AI-related IP risk mitigation efforts as well as development of relevant internal protocols and guardrails.

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On Media Bailouts and Bias: Why Government Media Policy Is Undermining Public Trust

Michael Geist

Yesterday I was a guest on a Toronto-area radio station where I was asked to discuss the government’s plans to more than double the amount available per journalist as part of the labour journalism tax credit. After a discussion of the tax credit program and months of blocked news links on Facebook as a consequence of Bill C-18, the host shifted the discussion by suggesting that the media had largely become propaganda on behalf of the government, insisting that these measures were consistent with

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The Long, Slow Death of Google News

Plagiarism Today

Google News is dying. The once-great service is now falling victim to a quality rot caused by bots and Google's own lack of concern. The post The Long, Slow Death of Google News appeared first on Plagiarism Today.

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AI’s Copyright Challenges: Searching for an International Consensus

Hugh Stephens Blog

Image: Shutterstock This has been a busy couple of weeks for national and international declarations on Artificial Intelligence (AI). First the G7 issued its International Code of Conduct for Advanced AI Systems on October 30.

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How Commerce Continues to Connect Indian Country

U.S. Department of Commerce

How Commerce Continues to Connect Indian Country November 27, 2023 KCPullen@doc.gov Mon, 11/27/2023 - 17:02 In 2021, during Native American Heritage Month, President Biden signed the historic Bipartisan Infrastructure Law (BIL) which provided over $65 billion to bring affordable, high-speed internet to every American. This funding also added an additional $2 billion to the Tribal Broadband Connectivity Program (TBCP) for broadband deployment on Tribal lands, as well as for telehealth, education,

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Cyntec Company, Ltd. v. Chilisin Electronics Corp., Chilisin America Ltd. Nos. 2022-1873, (Fed. Cir. October 16, 2023)

Intellectual Property Law Blog

This case is primarily about the Daubert standard as applied to expert testimony on damages. The Federal Circuit reversed the Northern District of California’s admission of expert testimony on damages, which relied on calculations that failed to differentiate between infringing products and non-infringing products. The Federal Circuit also reiterated the standards for a judgment as a matter of law (“JMOL”) of non-obviousness, and clarified that “by means of” claim language does not limit to but-

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Safe, Secure, and Trustworthy Artificial Intelligence

Patently-O

by Dennis Crouch The White House this week issued a new executive order focusing on a variety of aspects of regulating artificial intelligence, some of which focuses on IP issues. The executive order lays out eight guiding principles for manages risks while allowing growth and benefits: Ensuring AI is safe, secure and trustworthy, including through developing guidelines, standards and best practices, verifying reliability, and managing risks related to national security, critical infrastructure

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Cloudflare Blocks Abusive Content on its Ethereum Gateway

TorrentFreak

Popular Internet infrastructure service Cloudflare serves millions of customers and provides a variety of connectivity and privacy features to the general public. People can freely use the company’s open DNS resolver 1.1.1.1 , for example, or use its IPFS and Ethereum gateways to access content on these decentralized web services. One of Cloudflare’s main aims is to make the Internet more secure while respecting the privacy of its users.

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How to Avoid Facebook/Instagram Copyright Scams

Plagiarism Today

Facebook and Instagram have become rife with copyright infringement notice scams. Here's how they work and how to avoid them. The post How to Avoid Facebook/Instagram Copyright Scams appeared first on Plagiarism Today.

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White House AI Order Balances Innovation And Regulation

JD Supra Law

On Oct. 30, President Joe Biden issued an executive order on safe, secure and trustworthy artificial intelligence. The executive order provides a sprawling list of directives aimed at establishing standards for AI safety and security and protecting privacy. Originally published on Law360 - November 6, 2023. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Accountability and Antisemitism: The Canadian Heritage Committee Needs To Step Up

Michael Geist

Concerns about the terrifying growth of antisemitism in Canada have been top of mind for me and many in the Jewish community for weeks. While some have thankfully spoken up, discouragingly too many remain silent despite shootings at Jewish schools, molotov cocktails and vandalism at Jewish community centres, and threats at Jewish businesses and homes.

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The USPTO and the USCO Must Resolve Their Disparate Approaches to AI Inventorship and Copyrightability

IP Watchdog

The President’s recent Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence instructs the U.S. Patent and Trademark Office (USPTO) Director and Copyright Registrar to collaboratively issue recommendations to the President on further actions for advancing AI innovation through intellectual property, particularly with respect to AI inventorship and AI authorship.

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With AI, Big Tech is No Longer Pretending to Care

The Illusion of More

As reported by Insider last week, the Andreessen Horowitz VC firm a16z, complains that potential copyright liability for AI developers could harm the interest of their investors. “Imposing the cost of actual or potential copyright liability on the creators of AI models will either kill or significantly hamper their development,” they state, as quoted by […] The post With AI, Big Tech is No Longer Pretending to Care appeared first on The Illusion of More.

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AI Training and Copyright Infringement: Lessons from the Ross Intelligence Case

The IP Law Blog

The Delaware District Court’s Ruling on cross-motions for summary judgment in the case of Thomson Reuters v. Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense.

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Copyright, Trademark and the Future of Zero Punctuation

Plagiarism Today

The long-running YouTube series Zero Punctuation has come to an abrupt end. Here's what copyright and trademark law say about what is next. The post Copyright, Trademark and the Future of Zero Punctuation appeared first on Plagiarism Today.

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Patent Poetry: Court Awards $1.6 Million in Damages in “Bored Ape” Case

JD Supra Law

A federal district court judge has ordered a conceptual artist and his partner to pay more than $1.5 million in damages for copying Bored Ape’s Non-Fungible Token (NFT) art. Plaintiff Yuga Labs, Inc. is the creator of one of the world’s most well-known and successful NFT collections, known as the Bored Ape Yacht Club (BAYC).

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Heritage Minister Pascale St-Onge’s Tries to Re-Write Bill C-11 History: There Is No Quick Implementation and the Government is to Blame

Michael Geist

The government plans to release its final policy direction on Bill C-11 today just days ahead of the start of a weeks-long series of hearings at the CRTC on the Online Streaming Act (I am scheduled to appear in early December). Ahead of the release, Canadian Heritage Minister Pascale St-Onge tries to re-write history, urging fast enactment of the legislation and blaming the Conservatives for the delays.

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Guest post by Hampole, Truffa & Wong: Breaking the Glass Ceiling: The Power of Female Peer Networks

Patently-O

Guest post by Menaka Hampole , Assistant Professor of Finance, Yale School of Management, Francesca Truffa , Postdoctoral Scholar, Stanford Graduate School of Business, Ashley Wong , Assistant Professor of Economics, Tilburg University. This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research.

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Patent Community Slams USPTO’s Rush to Retire Old Software Systems Despite Patent Center Problems

IP Watchdog

Numerous letters have been submitted to the U.S. Patent and Trademark Office (USPTO) in recent weeks regarding the Office’s decision to retire Private PAIR and EFS-Web, the two main software systems used by patent applicants, on November 8. The organizations are urging the agency to delay the transition due to numerous bugs and missing features. Groups that have weighed in so far include the American Intellectual Property Law Association (AIPLA), the National Association of Patent Practitioners

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Catching Up on AI and Other Topics With Roy Kaufman

Velocity of Content

Roy Kaufman is Managing Director, Business Development and Government Relations at CCC, where he participates in a wide range of copyright and licensing conversations internally and with many industry groups. We recently caught up with Roy for an industry update. CCC: Hi, Roy. What kinds of conversations are you having inside CCC and with external stakeholders about generative AI?

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