Hugh Stephens Blog
FEBRUARY 26, 2024
Image: Shutterstock For those of you who may have missed it, this is “Fair Use and Fair Dealing” week, sponsored once again this year by the Association of Research Libraries in the US and the Canadian Association of Research Libraries in Canada.
Plagiarism Today
FEBRUARY 14, 2024
Plagiarism has been in the headlines more than ever before, but why does it feel like people are finding plagiarism everywhere they look? The post Why is There So Much Plagiarism Right Now? appeared first on Plagiarism Today.
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TorrentFreak
FEBRUARY 4, 2024
From the launch of its online streaming service fifteen years ago, Netflix positioned itself as a piracy competitor. The idea was to take market share away from piracy sites, by offering a legal and more convenient streaming platform. Initially, this seemed to work. Netflix amassed hundreds of millions of subscribers, some of whom left their piracy habits behind.
Michael Geist
FEBRUARY 26, 2024
After years of delay, the government tabled Bill C-63, the Online Harms Act , earlier today. The bill is really three-in-one: the Online Harms Act that creates new duties for Internet companies and a sprawling new enforcement system, changes to the Criminal Code and Canada Human Rights Act that meet longstanding requests from groups to increase penalties and enforcement against hate but which will raise expression concerns and a flood of complaints, and expansion of mandatory reporting of child
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
FEBRUARY 26, 2024
We have seen a noticeable uptick in lawsuits commenced by “copyright trolls” in recent years, including against businesses in the manufacturing space. The Supreme Court is currently considering a case that could have a significant impact on the viability of typical copyright troll claims and, more broadly, the continued prevalence of copyright trolling.
U.S. Department of Commerce
FEBRUARY 6, 2024
Improving Program Delivery with Innovative Data Practices at the U.S. Department of Commerce February 6, 2024 KCPullen@doc.gov Tue, 02/06/2024 - 11:21 The American Rescue Plan (ARP), the Bipartisan Infrastructure Law (BIL), the Inflation and Reduction Act (IRA), and the CHIPS and Science Act provide the U.S. Department of Commerce with unprecedented new resources that can be leveraged to advance the mission of creating the conditions for economic growth and opportunity for all communities.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Plagiarism Today
FEBRUARY 29, 2024
Another DEI head is facing allegations of plagiarism. This one targets Alade McKen, the head of DEI for Columbia University. The post Columbia University DEI Head Accused of Plagiarism appeared first on Plagiarism Today.
TorrentFreak
FEBRUARY 8, 2024
Every day, millions of people from all over the world submit posts, comments, and other content to Reddit. In many cases, discussion comments are read and soon forgotten but several old threads were brought back to life recently as part of piracy liability lawsuits. The comments in question were picked up by Kerry Culpepper, a copyright attorney who leads several piracy lawsuits against Internet providers on behalf of independent film companies.
Michael Geist
FEBRUARY 28, 2024
Having a spent virtually the entire day yesterday talking with media and colleagues about Bill C-63, one thing has become increasingly clear: the Criminal Code and Human Rights Act provisions found in the Online Harms Act should be removed. In my initial post on the bill , I identified the provisions as one of three red flags, warning that they “ feature penalties that go as high as life in prison and open the door to a tidal wave of hate speech related complaints.
JD Supra Law
FEBRUARY 8, 2024
Does recording an object’s physical properties to a blockchain render the resulting network (or method of using the same) patent-eligible? In Rady v. Boston Consulting Group, the Federal Circuit will hear oral arguments on how to apply hotly debated patent eligibility standards[1] (i.e., the two-step Alice test) to a blockchain-related invention.
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Patently-O
FEBRUARY 27, 2024
by Dennis Crouch Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. v.
Barry Sookman
FEBRUARY 16, 2024
The recent decision in Moffatt v. Air Canada , 2024 BCCRT 149, represents a milestone in the expanding field of digital interactions and accountability. The case grapples with whether a company can be held liable for misleading information provided by an automated chatbot on its website. The decision held that a company can be liable for negligent misrepresentations made by a chatbot on a publicly available commercial website.
Plagiarism Today
FEBRUARY 6, 2024
When you're looking for images on a specific topic, Wikimedia Commons can be a godsend. Here's how to use it correct and safely. The post How to Use Wikimedia Commons for Free & Legal Images appeared first on Plagiarism Today.
TorrentFreak
FEBRUARY 18, 2024
When Bram Cohen released the first version of BitTorrent in 2002, it sparked a file-sharing revolution. At the time bandwidth was a scarce resource, making it impossible to simultaneously share large files with millions of people over the Internet. BitTorrent not only thrived in that environment, the protocol remains effective even to this day. BitTorrent transfers rely on peer-to-peer file-sharing without a central storage location.
Michael Geist
FEBRUARY 22, 2024
Digital policy has been the source of seemingly never-ending frustration for years in Canada. The government chose to prioritize two flawed bills on online streaming and online news, both of which sparked considerable opposition, lengthy delays, and ultimately delivered few actual benefits ( Bill C-11 faces at least another year of hearings at the CRTC, Bill C-18 is a disaster that has left many media companies worse off).
JD Supra Law
FEBRUARY 5, 2024
ChatGPT took the world by the storm after OpenAI launched it in November 2022 as a general-purpose AI chatbot that could answer questions ranging from the innocuous to the complex. Since then, similar generative AI applications and the large language models underlying them have proliferated, as have controversies over how they use the works of others.
The IPKat
FEBRUARY 11, 2024
From a long-awaited WIPO Diplomatic Conference , to the debates about the Traditional Knowledge Bill in India, and the release of new guidelines on the use of traditional knowledge in Australia, this year may prove the busiest yet for the relationship between intellectual property and traditional knowledge. This Big Kat is thinking about the big issues for IP in the coming year.
IP Watchdog
FEBRUARY 22, 2024
A bipartisan group of 28 members of congress, including Senate IP Subcommittee Chair Chris Coons (D-DE), Ranking Member Thom Tillis (R-NC) and House IP Subcommittee Chair Darrell Issa (R-CA), sent a letter yesterday to President Biden urging the administration to reconsider its December proposal to allow agencies to consider pricing in deciding whether and when to “march in” on patent rights.
Plagiarism Today
FEBRUARY 28, 2024
A case before the Copyright Claims Board tests the boundaries of public domain and artistic creativity when it comes to tarot cards. The post The Copyright Battle Over a Tarot Card Deck appeared first on Plagiarism Today.
Patently-O
FEBRUARY 12, 2024
by Dennis Crouch The U.S. Patent and Trademark Office (USPTO) recently published examination guidance and a request for comments on the treatment of inventorship for inventions created with the assistance of artificial intelligence (AI) systems. Inventorship Guidance for AI-Assisted Inventions. The key takeaway here is that the USPTO believes that an AI-developed invention is patentable so long as a human satisfies the joint-inventorship standard of “significantly contributing to the inve
The TTABlog
FEBRUARY 12, 2024
The USPTO refused to register the proposed mark MENSTRUATION CRUSTACEON for "Microwavable heating pads not for medical purposes," finding the mark to be primarily merely descriptive under Section 2(e)(1). Applicant argued, among other things, that "the rhyming, incongruous qualities of MENSTRUATION CRUSTACEAN" and its "humorous, rhyming cadence". "captures the consumer’s attention and identifies Applicant as the source of the goods.
JD Supra Law
FEBRUARY 20, 2024
The European Parliament has adopted an amended European Commission proposal to regulate plants engineered using techniques such as CRISPR/Cas and ban any patenting of plants, plant parts, material, genetic information, or methods resulting from these techniques.
Olartemoure Blog
FEBRUARY 8, 2024
As we step into the vibrant celebration of the Chinese New Year, marked by the energy of the mighty Dragon, join us in exploring a bit if the festive season and the dynamic landscape of China’s intellectual achievemnts. Meaning of the year of the dragon: The Year of the Dragon in the Chinese calendar is considered special and auspicious as it symbolizes vitality, strength and good fortune in Chinese culture.
IP Watchdog
FEBRUARY 20, 2024
On February 20, the U.S. Supreme Court issued an order list that denied petitions for writ of certiorari filed in at least five intellectual property cases. While none of these cases induced large numbers of amici to ask the Court to grant cert, they do represent several current issues in IP law that remain unaddressed. From the use of joinder to evade time-bar limits in patent validity proceedings to the service of process required for a grant of preliminary injunction, the Court’s cert denials
Plagiarism Today
FEBRUARY 5, 2024
Recently, Kat Von D won a key jury verdict in a trial over a tattoo. However, it has many copyright watchers scratching their heads. The post Why The Kat Von D Ruling is Confusing appeared first on Plagiarism Today.
The IPKat
FEBRUARY 16, 2024
This is a book review of Teaching Intellectual Property Law: Strategy and Management edited by Sabine Jacques, Associate Professor in Information Technology, Media and Intellectual Property Law, University of East Anglia Law School and Ruth Soetendorp, Visiting Academic, City University of London and Professor Emerita, Bournemouth University. This review is kindly provided by Thorsten Lauterbach, Teaching Excellence Fellow at the Robert Gordon University in Aberdeen, passionate about IP Law sinc
Copyright Alliance
FEBRUARY 15, 2024
Today, we turn the spotlight over to one of our community partners, The Ella Project. They are dedicated to providing “pro bono legal assistance, arts business services, and advocacy to […] The post Community Partner Spotlight: The Ella Project appeared first on Copyright Alliance.
JD Supra Law
FEBRUARY 1, 2024
With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football League (NFL) more closely than a shutdown corner on a wide receiver.
The IP Law Blog
FEBRUARY 29, 2024
The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. In In re Elbaum (Fed. Cir. 12/20/2023) 2023 U.S. App. LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea.
IP Watchdog
FEBRUARY 1, 2024
The training of artificial intelligence models using copyrighted material continues to stir debate and prompt litigation. In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act. As often is the case with claims like these, the merits will center on the fair-use doctrine, a well-recognized legal principle in copyright law that aims to balance the interests of copyright holders with the public benefit of
Plagiarism Today
FEBRUARY 26, 2024
A recent study from Indiana University highlights why using AI in academic publishing is a very, very bad idea. The post Why Using AI for Research Papers is a Bad Idea appeared first on Plagiarism Today.
TorrentFreak
FEBRUARY 23, 2024
The InterPlanetary File System, more broadly known as IPFS , has been around for nearly a decade. While the name may sound alien to the general public, the peer-to-peer file storage network has a growing user base among the tech-savvy. In short, IPFS is a decentralized network where users make files available to each other. The system makes websites and files censorship-resistant and not vulnerable to regular hosting outages; as long as at least one user in the network continues to share.
IP Law 360
FEBRUARY 12, 2024
The U.S. Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution.
JD Supra Law
FEBRUARY 23, 2024
We previously discussed the United States Supreme Court’s June 2023 Jack Daniel’s Properties, Inc. v. VIP Products, LLC decision, which altered the way the “Rogers test,” a doctrine designed to protect First Amendment interests in the trademark context, should be applied. A recent decision out of the Ninth Circuit, Punchbowl, Inc. vs. AJ Press LLC (“Punchbowl II”), applies the Rogers test for the first time following Jack Daniel’s.
The IP Law Blog
FEBRUARY 1, 2024
The holding in the Supreme Court case, Jack Daniels Properties v VIP Products , the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v. AJ Press , addressed the interplay between the decision in Jack Daniels and the Rogers test. The Rogers test comes from the 1989 Second Circuit case Rogers v.
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