July, 2024

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Authors Beware of This Scam Macmillian Website

Plagiarism Today

Authors are constantly being targeted by fake publisher scams. Here we break down one such site and explain what to look for. The post Authors Beware of This Scam Macmillian Website appeared first on Plagiarism Today.

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Copyright and Education in Canada: Have We Learned Nothing in the Past Two Centuries? (From the “Encouragement of Learning to the “Great Education Free Ride”)

Hugh Stephens Blog

Image: Shutterstock (AI Assisted) Last month I wrote about the 200 year history of copyright in Canada, (Two Hundred Years of Copyright History in Canada: What a Journey!), drawing on a recent book by copyright scholar Dr. Myra Tawfik, “For the Encouragement of Learning: The Origins of Canadian Copyright Law”. That work outlined the genesis … Continue reading "Copyright and Education in Canada: Have We Learned Nothing in the Past Two Centuries?

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Mid-Year Review: AI Lawsuit Developments in 2024

Copyright Alliance

The development and launch of new generative artificial intelligence (AI) technologies over the last two years has been revolutionary. But these advancements have been accompanied by significant concerns from copyright […] The post Mid-Year Review: AI Lawsuit Developments in 2024 appeared first on Copyright Alliance.

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Nintendo Sues ‘Modded Hardware’ and r/SwitchPirates Moderator ‘Archbox’

TorrentFreak

Nintendo is doing everything in its power to stop the public from playing pirated games on the Switch console. The Japanese gaming company won several lawsuits in recent history, shutting down websites that distributed pirated ROMs. Most notable, perhaps, was the criminal referral that resulted in the demise of the infamous hacking group Team-Xecuter.

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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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Coons/Cotton RESTORE Patent Rights Act Would Abrogate eBay

IP Watchdog

Senators Chris Coons (D-DE) and Tom Cotton (R-AR) today introduced a bill to restore the presumption of injunctive relief to patent owners facing infringement. The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 would essentially abrogate eBay v. MercExchange, a case that many patent owners argue has played a key role in weakening the value of patents in the decades since the ruling.

Patent 140
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Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?

Kluwer Copyright Blog

AI-generated image by DALL-E 3 (through Microsoft Copilot) based on Gabriele Cifrodelli’s prompt: ‘Terms and Conditions on a cracked computer screen’ Although large, general purpose AI (GPAI) or “foundation” models and their generative products have been around for several years , it was ChatGPT’s launch in November 2022 which captured the public and media’s imagination as well as large amounts of venture capital funding.

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The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part One)

JD Supra Law

Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of images are created daily using generative AI, and, as time continues, it is becoming more and more difficult to distinguish between AI-generated art and human-created works.

Art 127
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The misadventures of Tintin in the land of parody and freedom of artistic expression

The IPKat

The adventures of the young boy with the quiff seem to be an inexhaustible source of copyright disputes [ IPKat here or here ]. Hergé's legacy is fiercely defended by Mrs Rodwell and Tintinimaginatio against third parties who draw too much inspiration from his works. In addition to the copyright protection afforded to the fictional characters created by Hergé, these disputes provide an opportunity to explore the various means of defence available to alleged infringers.

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Ad Blocking Infringes Copyright? Ancient Sony Cheat Lawsuit May Prove Pivotal

TorrentFreak

The promise that pretty much everything is available for free on the internet was one of the key driving forces behind surging uptake at the end of the century. The reality was more nuanced, of course. The marketing and framing of this utopian vision relied on the relative naivety of most internet users. None were strangers to adverts appearing on TV, radio or in print, so the concept needed no explaining.

Copyright 141
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Vidal Addresses USPTO’s ‘Inherited Backlog’, Which May Be at an All-Time High for Patents

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal published a Director’s blog post today addressing the Office’s current backlog of patent and trademark applications, which the latest USPTO data shows to be 785,387 unexamined applications/ 25.6 months total pendency for patents and 14.5 months total pendency for trademarks. Vidal said in her blog post that “unpredictable macro effects, including a pandemic that had an outsized impact on our application inventories, have created an ‘i

Blogging 122
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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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Guest Post by Profs. Lemley & Ouellette: Fixing Double Patenting

Patently-O

Guest post by Professors Mark A. Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent. First, the Federal Circuit held in In re Cellect that patents tied by double patenting must expire on the same day even if one of the patents has received a

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How Pirates are Profiting from YouTube

Plagiarism Today

Recently, a slew of pirated films have been appearing on YouTube. The reason is simple: Money. Here's how the pirates are profiting. The post How Pirates are Profiting from YouTube appeared first on Plagiarism Today.

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EU Parliament Adopts SPC Reform Proposals: Clarifying the Protection Scope for Biologics

JD Supra Law

On February 28, 2024, following the European Commission's four 2023 proposals, the European Parliament adopted a legislative resolution on the amended proposal to create a Unitary Supplementary Protection Certificate ("USPC") and recast the existing Supplementary Protection Certificate ("SPC") regulations for medicinal products.

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The EU AI Act has been published

The IPKat

Artificial Intelligence (AI) has been a hot topic in recent years. Its development and use continue to grow, in all areas. It's not uncommon to see images created by AI popping up all over the place (this Kat loves generating AI images). Today saw the publication of the long awaited Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168

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OpenAI Wants New York Times to Show How Original Its Copyrighted Articles Are

TorrentFreak

Starting last year, various rightsholders began filing lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors, visual artists, and newspapers, including the New York Times. These rightsholders all object to the presumed use of their work to train AI models without proper compensation. The New York Times lawsuit targets OpenAI and Microsoft and is steadily moving forward.

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USPTO Updates Eligibility Guidance for AI: ‘We Want to Accelerate AI Innovation Without Locking it Up’

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) announced today that it has updated its Subject Matter Eligibility Guidance to more directly address emerging technologies, specifically artificial intelligence (AI). The guidance also includes three new and detailed examples using hypothetical claims to address common situations, such as “whether a claim recites an abstract idea or whether a claim integrates the abstract idea into a practical application.

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Cellect: Unveiling the Potential Impact on Patent Term Adjustment

Patently-O

by Dennis Crouch Many have been thinking of the potentially large impact of Cellect v. Vidal , which is now pending before the Supreme Court. This week I uncovered striking data that a very large number of patents have been impacted. Some background : Many patentees divide their patents into multiple filings all based on the same original priority application.

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It’s Past Time to Credit Translators

Plagiarism Today

Translators are crucial to the global entertainment market. However, despite their creative contributions, their work often goes uncredited. The post It’s Past Time to Credit Translators appeared first on Plagiarism Today.

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Major Labels File Suit Against AI Music Start-Ups for Unlicensed Training

JD Supra Law

On Monday, June 24, 2024, the three U.S. major record labels, Universal Music Group, Warner Music Group and Sony Music Entertainment, filed copyright infringement claims against two artificial-intelligence (AI) music start-ups, Suno and Udio. These AI music companies allow users to generate musical recordings based on text prompts, including by genre and topic.

Music 122
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[Guest Post] Who owns the copyright to Nigeria’s “new” national anthem?

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding copyright ownership of Nigeria’s re-adopted national anthem. Recently, the Nigerian government decided to do away with the country’s national anthem and re-adopt the previous national anthem - the one it used between 1960 and 1978.

Copyright 116
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Vietnam Convicts Pirate Site Operators; a Rare Case Completed in Record Time

TorrentFreak

The double threat of some of the world’s largest pirate sites operating from Vietnam, yet limited opportunity to conduct robust enforcement actions to turn that situation around, remains a constant source of frustration for overseas rightsholders. Hollywood’s opinion on what needs to be done wouldn’t be any more clear if its submissions to the USTR were written in all caps then underlined.

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D.C. Court’s Dismissal of Judge Newman’s Case Against Moore Sets Stage for Appeal

IP Watchdog

The U.S. District Court for the District of Columbia today dismissed the remaining counts in Judge Pauline Newman’s challenge to U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Kimberly Moore’s inquiry into her fitness to continue serving as a federal appellate judge. The decision sets the stage for an appeal, which Newman’s lawyer told IPWatchdog will happen “within days, not weeks.

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The Shift Towards Primary Examiners: Implications for Patent Prosecution

Patently-O

by Dennis Crouch In recent years, the United States Patent and Trademark Office (USPTO) has undergone a significant shift in its examiner composition, with real implications for patent prosecution strategies. Our data reveals a dramatic drop in the percentage of assistant examiners over the past decade. Prior to 2015, over 35% of patents were examined by assistant examiners.

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Why YouTube’s Erase Song Feature Could Be a Game Changer

Plagiarism Today

YouTube has updated its erase song feature. Soon, users can surgically remove a copyright-claimed song. Here's why it's a big deal. The post Why YouTube’s Erase Song Feature Could Be a Game Changer appeared first on Plagiarism Today.

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It’s an Old Tune: Third-Party-Use Evidence From Long Ago Can Support Genericness

JD Supra Law

The US Court of Appeals for the Fifth Circuit found that the district court abused its discretion in wholesale exclusion of evidence on the issue of genericness. The evidence was offered to show prior use of a trade dress from more than five years prior to an alleged infringer’s first use of a mark. Gibson Inc. v. Armadillo Distribution Enterprises, Inc., Case No. 22-40587 (5th Cir.

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[Guest post] Harmonized technical standards under EU copyright: the Public.Resource.Org judgment

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Sunimal Mendis (Tilburg University) and Olia Kanevskaia (Utrecht University) on the judgment of the Court of Justice of the European Union (CJEU) in C-588/21 P Public.Resource.Org , concerning copyright protection of technical standards and access to public documents. Here’s what they write: Harmonized technical standards under EU copyright: the Public.Resource.Org judgment by Sunimal Mendis and Olia Kanevskaia On

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Anna’s Archive Faces Millions in Damages and a Permanent Injunction

TorrentFreak

Anna’s Archive is a meta-search engine for shadow libraries that allows users to find pirated books and other related sources. The site launched in the fall of 2022 , just days after Z-Library was targeted in a U.S. criminal crackdown, to ensure continued availability of ‘free’ books and articles to the broader public. Late last year, Anna’s Archive expanded its offering by making information from OCLC’s proprietary WorldCat database available online.

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Senators Introduce NO FAKES Act to Create a Universal Right to Control Digital Replicas

IP Watchdog

Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom Tillis (R-NC) today officially introduced the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024” (NO FAKES Act). A discussion draft of the bill was first introduced in October 2023 with the stated goal of “protect[ing] the voice and visual likenesses of individuals from unfair use through generative artificial intelligence (GAI).

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Statement on the Supreme Court’s Ruling in Moody v. NetChoice

Technology & Marketing Law Blog

A couple of years ago, Florida and Texas passed “social media censorship” laws. The laws were not subtle–the bill titles literally told the world that the legislatures were censoring social media. From a drafting standpoint, the laws were a mess. They packed dozens of undertheorized policy ideas into poorly drafted omnibus bills that never represented a serious attempt at policy-making.

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The Dangers of Using a VPN

Plagiarism Today

VPN marketing makes it sound like they're a one-stop-shop for security. However, most people don't need and shouldn't want one. The post The Dangers of Using a VPN appeared first on Plagiarism Today.

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Nike and BAPE Settle Trademark Infringement Lawsuit

JD Supra Law

Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires BAPE to discontinue some of its sneakers and redesign others.

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Revving halt: EUIPO upholds refusal to register Porsche’s accelerating engine sound mark

The IPKat

By decision of 20 June 2024 (R 1900/2023, original German version here and English machine translation here ), the Board of Appeal (BoA) of EUIPO confirmed the initial refusal (see The IPKat here ) to register a sound mark consisting of an accelerating engine noise. The BOA confirmed the lack of distinctive character because the requested sound sequence represents a characteristic typical of electric vehicles, namely the acceleration or improvement of their performance until they reach the desir

Branding 113
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RIAA Sues Verizon After ISP “Buried Head in Sand” Over Subscribers’ Piracy

TorrentFreak

At a time when many pirate sites seem increasingly elusive, oftentimes almost transient as domains, identities, and branding, come and go, static enforcement targets are in limited supply. The same can’t be said for internet service providers and over the past few years, several have paid a very steep price. Not for engaging in piracy per se , but for not responding aggressively enough against subscribers mostly accused of repeatedly pirating movies and music.

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FTC Backs USPTO Terminal Disclaimer NPRM as Others Warn it Exceeds Agency Authority

IP Watchdog

The deadline for comments on the U.S. Patent and Trademark Office’s (USPTO’s) notice of proposed rulemaking (NPRM) on terminal disclaimer practice was July 9 and several key organizations weighed in just as the door was closing. One of those commenters was the Federal Trade Commission (FTC), which claimed in its comment letter that “[t]he use of terminal disclaimers linking similar patent claims can exacerbate the exclusionary impact of patent thickets by forcing potential market entrants to inc

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Community Partner Spotlight: Free Juice

Copyright Alliance

Today, we turn the spotlight over to one of our newest community partners, Free Juice. They are a non-profit organization that seeks to “accelerate diversity in the photography industry through […] The post Community Partner Spotlight: Free Juice appeared first on Copyright Alliance.

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