Plagiarism Today
NOVEMBER 30, 2023
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.
Hugh Stephens Blog
NOVEMBER 6, 2023
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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IP Watchdog
NOVEMBER 30, 2023
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.
Intellectual Property Law Blog
NOVEMBER 7, 2023
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.
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?
JD Supra Law
NOVEMBER 22, 2023
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.
Michael Geist
NOVEMBER 25, 2023
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
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Hugh Stephens Blog
NOVEMBER 1, 2023
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?
TorrentFreak
NOVEMBER 14, 2023
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.
Intellectual Property Law Blog
NOVEMBER 1, 2023
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
JD Supra Law
NOVEMBER 14, 2023
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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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.
Michael Geist
NOVEMBER 21, 2023
The government has taken the first step to creating a bailout for its disastrous Bill C-18 by agreeing to News Media Canada demands to increase the support under the Labour Journalism Tax Credit. While the current system covers 25% of the journalist costs up to $55,000 per employee (or $13,750), the government’s fall economic statement increases both the percentage covered and cap per employee.
Plagiarism Today
NOVEMBER 15, 2023
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.
Patently-O
NOVEMBER 1, 2023
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
TorrentFreak
NOVEMBER 21, 2023
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.
Intellectual Property Law Blog
NOVEMBER 7, 2023
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-
The Illusion of More
NOVEMBER 13, 2023
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.
Michael Geist
NOVEMBER 29, 2023
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.
Plagiarism Today
NOVEMBER 14, 2023
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.
JD Supra Law
NOVEMBER 14, 2023
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).
Velocity of Content
NOVEMBER 9, 2023
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?
Patently-O
NOVEMBER 10, 2023
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.
IP Watchdog
NOVEMBER 5, 2023
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
Michael Geist
NOVEMBER 14, 2023
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.
Plagiarism Today
NOVEMBER 7, 2023
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.
JD Supra Law
NOVEMBER 10, 2023
A wide-ranging mechanism allowing for easier reciprocal enforcement of judgments in mainland China and Hong Kong will come into force on 29 January 2024. The new enforcement regime should reduce the need to re-litigate judgments.
The IP Law Blog
NOVEMBER 30, 2023
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.
TorrentFreak
NOVEMBER 27, 2023
Popular Internet infrastructure service Cloudflare has come under a lot of pressure from copyright holders in recent years. The company offers its services to millions of customers including multinationals, governments, but also some of the world’s leading pirate sites. Cloudflare Must Stop Pirate Site Pirate sites have proven to be quite a headache for Cloudflare and have landed the San Francisco-based tech company in court on several occasions.
IP Watchdog
NOVEMBER 15, 2023
The U.S. Patent and Trademark Office (USPTO) today announced that a final rule will be published tomorrow, November 16, in the Federal Register implementing a design patent practitioner bar. The Office first published a Notice of Proposed Rulemaking (NPRM) to the Federal Register in May 2023 contemplating a separate design patent practitioner bar. A request for comments (RFC) was also published in October 22.
Michael Geist
NOVEMBER 23, 2023
The federal government has quietly backed down from its plans to implement a new digital services tax as of January 2024 that the Parliamentary Budget Officer estimated would generate billions in revenue. It did not make the headlines or receive much promotion, but after months of insisting that a digital services tax would take effect in Canada in January 2024, the government has now removed that implementation deadline in the Fall Economic Statement.
Plagiarism Today
NOVEMBER 27, 2023
Zack Nelson, the man behind JerryRigEverything, claims that Casetify copied his and dbrand's work. And he has significant proof. The post Understanding The JerryRigEverything/Casetify Copyright Battle appeared first on Plagiarism Today.
JD Supra Law
NOVEMBER 29, 2023
Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors so long as the term is included in a written contract. Even where an employee uses generative artificial intelligence (“GenAI”) to either generate an entire set of code or review their code for errors, the employer typically maintains ownership of the code.
Copyright Alliance
NOVEMBER 28, 2023
What do Andy Warhol’s Campbell’s Soup Cans, Yayoi Kusama’s Pumpkin, and David Hockney’s Portrait of an Artist (Pool with Two Figures) have in common? You guessed it—they are works of […] The post Copyright Cases Visual Artists Should Know: Part 1, Copyrightability appeared first on Copyright Alliance.
The IPKat
NOVEMBER 23, 2023
This Kat always eagerly awaits decisions from the French Cour de Cassation, so he was delighted to find out about an important recent decision on copyright (Cour de cassation, 1st Civil Chamber, 15 November 2023, n° 22-23.266). The judgment focuses on a procedural aspect, namely the limitation period for an action for copyright infringement. "The Horses Fountain" Facts In 1985, Frédéric Jaeger, artist, sculptor, and painter, was commissioned by Yves Bienaimé, founder of the Museum of the Living
IP Watchdog
NOVEMBER 9, 2023
On October 7, the Federal Trade Commission (FTC) sent letters to 10 pharmaceutical companies notifying them of the agency’s intent to challenge allegedly improper patent listings in the U.S. Food and Drug Administration’s (FDA) Orange Book. While the FTC argues that improperly listed patents can delay consumer access to affordable generics, some have questioned whether the FTC’s regulatory action could slow the development of new treatments, which would in turn delay access to new generics.
The IP Law Blog
NOVEMBER 22, 2023
The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here. Read Eric’s article about this case here.
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