June, 2024

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Adobe’s Terms of Service Debacle

Plagiarism Today

Adobe users are in revolt over changes to the company's terms of service. But how bad are they should users be worried? The post Adobe’s Terms of Service Debacle appeared first on Plagiarism Today.

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Two Hundred Years of Copyright History in Canada: What a Journey!

Hugh Stephens Blog

Image: Shutterstock (with AI assist) As we approach July 1, Canada Day, Canada’s 157th anniversary, it is worth reflecting on the history that shaped this wonderful if imperfect country of now 41 million. While not top of mind for everyone, part of that history relates to copyright! This year, 2024, marks a couple of milestones … Continue reading "Two Hundred Years of Copyright History in Canada: What a Journey!

Copyright 264
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Google, Cloudflare & Cisco Will Poison DNS to Stop Piracy Block Circumvention

TorrentFreak

In France, where laws were introduced with site-blocking and similar anti-piracy measures already baked in, entertainment giant Canal+ seems intent on taking full advantage. Like similar broadcasters with lucrative sports rights to exploit, Canal+ has a subset of viewers who prefer to consume from pirate sources which charge much less, or even nothing at all.

Law 145
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Publishing Companies Say Google is Liable for Promoting Pirated Textbooks

IP Watchdog

Several major educational publishing companies, including Macmillan, Elsevier and McGraw Hill, have sued Google in a New York district court alleging contributory and vicarious copyright infringement, trademark infringement and violations of New York’s General Business Law. The companies claim that Google’s search engine is facilitating infringement by promoting pirate sites that sell heavily discounted versions of educational textbooks.

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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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Cropping photograph and omitting author's name may infringe moral rights

The IPKat

There is no doubt that photographs can be protected by copyright [ IPKat here , here and here ]. This Kat has found a recent ruling issued by the Paris Court of Appeal concerning a copyright infringement dispute involving photographs. This judgment provides an opportunity to examine the concept of originality as applied to photographs, and also to understand what may constitute an infringement of moral rights.

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Don't Forget About NFTs! USPTO and USCO Issue Joint Study on the Interplay Between NFTs and Intellectual Property

JD Supra Law

Non-fungible tokens (NFTs) have reshaped our socio-legal understanding of "property." Prior to the launch of NFTs, laypersons and lawyers alike evaluated tangible and intangible assets in the context of physical (real) space. NFTs, however, have played a major role in shifting our valuation of assets beyond the physical realm, extending instead to the recognition of digital property rights in the non-physical (cyber) space.

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The CRTC and Online Streaming: Money Now; Details Later

Hugh Stephens Blog

Photo: Author The first shoe has dropped for foreign online music and video streamers in Canada, at least those generating more than $25 million a year in “contribution revenues” from the Canadian market.

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Napster Sparked a File-Sharing Revolution 25 Years Ago

TorrentFreak

The invention of the MP3 format in 1993 didn’t make any mainstream news headlines. In hindsight, however, it was a pivotal moment that would revolutionize music consumption, and more. Invented by the German engineer Karlheinz Brandenburg and colleagues at the Fraunhofer Society, the coding format made it possible to reduce the size of music files without any significant loss of audible sound quality.

Music 145
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CRTC Bill C-11 Ruling “Makes Web Giants Pay” But it is Canadian Consumers That Will Get the Bill

Michael Geist

The CRTC has released its much-anticipated Bill C-11 ruling on the initial mandated contributions from Internet streaming services. The headline the Commission and government will promote is that the services will be required to contribute 5% of their Canadian revenues to support various Canadian funding programs that support film and TV production, news, and music.

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From conceptual art to AI: On the Druet/Cattelan dispute and authorship of works made by someone other than the “author”

The IPKat

La Nona Ora When it comes to contemporary art, I must admit at the outset that there are fewer artists who I find more enticing, fun and provocative than Maurizio Cattelan [see here for the recent Comedian dispute in the US]. Having disclosed this “conflict” on my side, a few days ago the Paris Court of Appeal ruled (5 juin 2024 Cour d'appel de Paris RG n° 22/14922) in a dispute seeing, on the one hand and as defendant, Cattelan himself and, on the other hand and as claimant/appellant, sculptor

Art 138
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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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A New Look at an Old Hot Topic: The Internet of Things

JD Supra Law

In 1999, computer scientist Kevin Ashton coined the term “the Internet of Things” (“IoT”) in order to put a name to his idea of using RFID chips to track items as they moved throughout a supply chain. “Though there is no specific definition of IoT, the concept focuses on how computers, sensors and objects interact with each other and collect information relating to their surroundings.”.

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Why AI Has a Plagiarism Problem

Plagiarism Today

Forbes accused Perplexity of plagiarizing their articles. ChatGPT regularly regurgitates text. Why is AI struggling with plagiarism? The post Why AI Has a Plagiarism Problem appeared first on Plagiarism Today.

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Chevron is Out: SCOTUS Says Doctrine Flouts APA, Dissent Accuses Colleagues of ‘Judicial Hubris’

IP Watchdog

The U.S. Supreme Court today issued its opinion in Loper Bright Enterprises v. Raimondo, overruling the Court’s seminal case on administrative agency deference, Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. Chief Justice Roberts delivered the opinion of the Court and Justices Kagan, Sotomayor and Jackson dissented.

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OpenDNS Suspends Service in France Due to Canal+ Piracy Blocking Order

TorrentFreak

In 2023, broadcaster Canal+ went to court in France with the goal of obtaining an order requiring local ISPs to block over 100 pirate sports streaming sites. The French court complied with the request; ISPs including Orange, SFR, OutreMer Télécom, Free, and Bouygues Télécom, were ordered to implement technical measures to prevent access to Footybite.co, Streamcheck.link, SportBay.sx, TVFutbol.info, and Catchystream.com, among dozens of others.

Copyright 125
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Childcare Costs, Reduced Work, and Financial Strain: New Estimates for Low-Income Families

U.S. Department of Commerce

Childcare Costs, Reduced Work, and Financial Strain: New Estimates for Low-Income Families June 27, 2024 ASowah@doc.gov Thu, 06/27/2024 - 10:27 According to new survey data from the Federal Reserve’s 2023 Survey of Household Economics and Decisionmaking (“SHED”), low-income families are more likely to reduce work to care for young children while high income families are more likely to pay for care.

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World Music Day 2024: The History of Music and Copyright

Copyright Alliance

From classical to hip-hop and metal to opera, music is a medium that unites people despite linguistic and cultural barriers. In celebration of World Music Day 2024, we recognize the […] The post World Music Day 2024: The History of Music and Copyright appeared first on Copyright Alliance.

Music 120
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MarkIt to Market® – June 2024: Where, What, and How – Trademarks & the Olympic Games (Part 1)

JD Supra Law

Part 1: WHERE - Like the rest of the world, we will have our eye on Paris this summer, breaking down trademark issues associated with the Olympic Games in a three-part series. Over the course of the next three months, we will review the where, what, and how: from where the U.S. Olympic Committee (USOC) derives its trademark rights, what it considers those rights to be, and how the Committee has enforced its rights against third parties.

Trademark 117
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A Copyright Fight Over a Dumpster Fire

Plagiarism Today

Two cases before the Copyright Claims Board raise an interesting question: What does copyright protect in a dumpster fire? The post A Copyright Fight Over a Dumpster Fire appeared first on Plagiarism Today.

Copyright 267
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Meta’s AI Arriving in Europe: Privacy Disputes Concealing Copyright Concerns

Kluwer Copyright Blog

Photo by Ricardo Gomez Angel on Unsplash Since 22 May 2024, Meta has notified to European users of Instagram and Facebook – through in-app notifications and emails – an update of its privacy policy, linked to the upcoming implementation of artificial intelligence (AI) technologies in the area. Indeed, the company already developed and made available some AI features and experiences in other parts of the world, including an assistant called “Meta AI” ( here and here ), built on a large language m

Privacy 117
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TorrentGalaxy Goes Offline With Mysterious Message to Users

TorrentFreak

In little over five years, TorrentGalaxy has grown out to become a leading player in the torrent ecosystem. The site originally set out to ‘ bridge the gap ‘ between torrent and streaming sites, but it became much more than that. With a dedicated group of uploaders and an active community, TorrentGalaxy provided a safe haven for many avid torrenters.

Copyright 130
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Recent Statistics Show PTAB Invalidation Rates Continue to Climb

IP Watchdog

The invalidation rate of patents in America Invents Act (AIA) proceedings, such as inter partes reviews (IPRs), has been high since the inception of the PTAB. Just one year into the AIA, Chief Judge Randall Rader famously referred to the PTAB as a “death squad” at the 2013 American Intellectual Property Law Association (AIPLA) annual meeting because the invalidation rate was so high.

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Major Record Labels Sue Gen AI Devs Suno and Udio

The Illusion of More

The most prominent copyright lawsuit against Generative AI (GAI) to date dropped yesterday when the major record labels filed complaints against developers Suno and Udio in the District of Massachusetts and the Southern District of New York respectively. This is going to be one to watch, not just because of the size of the plaintiffs […] The post Major Record Labels Sue Gen AI Devs Suno and Udio appeared first on The Illusion of More.

Copyright 113
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Top legal issues to think about in China-related licensing transactions

JD Supra Law

This article provides a general overview of certain Chinese legal considerations for licensing and collaboration deals in the life sciences industry. In particular, this article focuses on two types of transactions.

Licensing 117
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3 New and Interesting Cases Before the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board is about to turn two. As such, we're taking a look at three new and interesting cases being heard by it. The post 3 New and Interesting Cases Before the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 267
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WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge: Concerns of India and Developing Nations- Part II

SpicyIP

After assessing the requirement to mandatorily disclose the source of genetic resource/ associated traditional knowledge under the recent WIPO treaty, in part II of his post, Dr. Anson CJ takes a look at the implication of this requirement on India. Dr. Anson is an Assistant Professor at the Inter University Centre for IPR Studies, Cochin University of Science and Technology, Kochi and has previously contributed to the blog here.

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South Korean ISP ‘Infected’ Torrenting Subscribers with Malware

TorrentFreak

From a networking perspective, most Internet providers are generally not thrilled with BitTorrent users. Historically, torrent traffic has placed quite a burden on the network , which is one of the reasons why Comcast quietly began throttling torrent traffic many years ago. Another reason to limit torrent traffic is to reduce costs. BitTorrent users transfer large amounts of data that’s not always covered by cheap peering agreements , which can become quite costly.

Reporting 122
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Transparency in Copyright and Artificial Intelligence

Copyright Alliance

Transparency is an essential element of an AI ecosystem that is developed and used in a responsible, respectful, and ethical manner. Generative Artificial Intelligence (AI) has raised so many issues […] The post Transparency in Copyright and Artificial Intelligence appeared first on Copyright Alliance.

Copyright 117
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USPTO Extends Deadline for AI Inventorship Comments as Some Criticize Pannu Factors

IP Watchdog

On June 6, the U.S. Patent and Trademark Office (USPTO) published a notice in the Federal Register announcing that the Office would be reopening the public comment period for the development of inventorship guidance surrounding inventions developed by artificial intelligence (AI) systems. Although the USPTO will continue to collect public comments until the middle of June, public comments received from patent industry stakeholders so far are largely urging the agency to adopt inventorship guidan

Invention 117
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I Don’t Get You, Babe - The Curious Copyright Case of Sonny & Cher & Mary

JD Supra Law

The 1970s were the heyday of the now-extinct television genre known as the variety show: a weekly extravaganza headlined by a well-known entertainer, generally accompanied by a supporting cast of singers, dancers and comedians, and featuring a weekly guest star to liven things up. Among the longest lasting of these weekly spectacles was The Sonny & Cher Comedy Hour, which premiered in 1971 and featured the eponymous 1960s singing duo.

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3 Count: Oh, Adobe…

Plagiarism Today

FTC sues Adobe over annual contracts, Sony DMCA hundreds of manga extensions and US lawmakers voice concern over Spotify. The post 3 Count: Oh, Adobe… appeared first on Plagiarism Today.

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Government’s Choice for Chief of Human Rights Commission Cited Terrorism as a Rational Strategy With High Rates of Success

Michael Geist

The government’s choice for chief of the Canadian Human Rights Commission has been mired in controversy this week given his failure to disclose a record of posts and appearances that call into question the ability for Jewish or Zionist Canadians to get a fair, impartial hearing at the Commission. Birju Dattani, who formerly was known as Mujahid Dattani, is now the subject of an independent investigation by the Ministry of Justice as the calls for his resignation or replacement from stakeholder g

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Five IPTV Operators Guilty of Movie & TV Piracy, Leader Faces 48 Years in Prison

TorrentFreak

In 2019, eight men from Las Vegas were named in a grand jury indictment alleging they conspired to violate criminal copyright law through two IPTV services, Jetflicks and iStreamitAll. According to the indictment, the defendants reproduced tens of thousands of copyrighted television shows without authorization, and distributed the illicit content to a vast audience of paid subscribers across the United States.

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Commerce's USPTO Announces National Strategy to Empower Innovators and Entrepreneurs from All Communities

U.S. Department of Commerce

Commerce's USPTO Announces National Strategy to Empower Innovators and Entrepreneurs from All Communities June 21, 2024 KCPullen@doc.gov Fri, 06/21/2024 - 12:19 Intellectual property New plan to increase diversity and participation in STEM, inventorship, and innovation The Commerce Department’s U.S. Patent and Trademark Office (USPTO) recently announced a new National Strategy for Inclusive Innovation to connect more Americans with resources to spur innovation and entrepreneurship.

Inventor 111
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CAFC Says Generic’s Public Statements Make Induced Infringement Claims Plausible

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision today reversing a district court’s grant of Hikma Pharmaceuticals’ motion to dismiss Amarin Pharma, Inc.’s complaint against it for induced infringement. Amarin claimed Hikma induced infringement of its “icosapent ethyl” product, an ethyl ester of an omega-3 fatty acid commonly found in fish oils, marketed as Vascepa.

Marketing 109
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A Trademark Dispute Plays Out Before the NAD

JD Supra Law

Planting Hope had a registration for the RIGHTRICE trademark, but that registration was canceled in January 2024 by the U.S. Patent & Trademark Office (“USPTO”) in a default judgment proceeding after Planting Hope failed to respond to a petition for cancellation. Planting Hope filed a motion to set aside the default judgment, but kept using the registered trademark symbol while that proceeding was pending.

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