March, 2024

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Japan’s Text and Data Mining (TDM) Copyright Exception for AI Training: A Needed and Welcome Clarification from the Responsible Agency

Hugh Stephens Blog

Image: iStock Japan has always been known for its strong creative sector and rich cultural output, from animé to manga to literature, music and film, and for its respect for intellectual property (IP) and the rights of creators.

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Why The Holdovers is Not a Plagiarism

Plagiarism Today

Oscar-winning film The Holdovers is facing plagiarism allegations from another screenwriters. Here's why they don't hold up. The post Why The Holdovers is Not a Plagiarism appeared first on Plagiarism Today.

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Publishers Secure Widespread Support in Landmark Copyright Battle With Internet Archive

TorrentFreak

The Internet Archive (IA) is a non-profit organization that aims to preserve digital history for generations to come. The digital library is a staunch supporter of a free and open Internet and began meticulously archiving the web over a quarter century ago. In addition to archiving the web, IA also operates a library that offers a broad collection of digital media, including books.

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Government Gaslighting Again?: Unpacking the Uncomfortable Reality of the Online Harms Act

Michael Geist

The Online Harms Act was only introduced two weeks ago, but it already appears the government is ready to run back the same playbook of gaslighting and denials that plagued Bills C-11 and C-18. Those bills, which addressed Internet streaming and news, faced widespread criticism over potential regulation of user content and the prospect of blocked news links on major Internet platforms.

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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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Navigating the New Frontier: Insurance for Artificial Intelligence Risks

JD Supra Law

On 27 December 2023, The New York Times filed a lawsuit against OpenAI and Microsoft alleging copyright infringement in connection with OpenAI’s popular ChatGPT technology. This lawsuit is part of the first wave of artificial-intelligence-related lawsuits that have targeted some of the biggest technology companies in the world and some of the best-known artificial intelligence (AI) products on the market.

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Copyright as an Access Right: Concretizing Positive Obligations for Rightholders to Ensure the Exercise of User Rights

Kluwer Copyright Blog

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users.

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More Trending

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The Fight to Save the Photo Stealers Website

Plagiarism Today

Photo Stealers, a 12-year project to out photo thieves, is being sued for $100 million and was briefly closed by an angry photographer. The post The Fight to Save the Photo Stealers Website appeared first on Plagiarism Today.

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Piracy Shield Source Code & Internal Documentation Leak Online

TorrentFreak

Ever since Italian authorities announced their intent to introduce an even more aggressive anti-piracy blocking system than the one already in place, controversy has rarely been far behind. Recent reports of avoidable overblocking, a reluctance to admit that the Piracy Shield system is fallible, and new reports that telecoms regulator AGCOM is now rejecting complaints from wrongfully blocked Cloudflare customers, are just some of the ingredients in a volatile mix that has always threatened to bo

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Another "buy" button lawsuit over digital licenses continues

43(B)log

In re Amazon Prime Video Litig., 2024 WL 1138906, No. 2:22-cv-00401-RSM (W.D. Wash. Mar. 15, 2024) This putative class action alleged that Amazon overcharged and “[d]eceived consumers by misrepresenting that it was selling them Digital Content when, in fact, it was really only licensing it to them[.]” Plaintiffs brought claims under California, New York, and Washington consumer protection law, and common law claims for unjust enrichment.

Licensing 114
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[Video] Was the classic song “Over The Rainbow” plagiarized? How about a claim of copyright infringement against the script for “The Holdovers?” AI Legal strategies switch to claims of CMI removal

JD Supra Law

Music lawyer Tamera Bennett and TV lawyer Gordon Firemark discuss: Was “Over The Rainbow” copied; Was the script of “The Holdovers” copied; This month a “loyalty certificate” is original enough for copyright protection compared to the case we discussed in Episode 165; Legal strategies are shifting in AI cases toward removal of copyright management information; “Road House” remake is the target of a copyright grant termination notice; Link to chart of AI and IP lawsuits; Nickelback wins in Fifth.

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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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Copyright and Generative AI: Understanding Recent Chinese Court Decisions

Barry Sookman

Two recent decisions regarding copyright and generative artificial intelligence (AI) handed down by Chinese courts are notable. In one, a court found that output created using Stable Diffusion could be subject to copyright. In the other, a court found that output generated by a generative AI system could infringe the reproduction and adaptation right under Chinese copyright law.

Copyright 113
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CJEU: The Paris Convention does not allow cross-IP priority claims

The IPKat

The Court of Justice of the European Union (‘CJEU’) held – in its recent judgment The KaiKai Company Jaeger Wichmann GbR (case C-382/21 P) – that the Paris Convention does not allow cross-IP priority claims in general, thus disagreeing with the Advocate General’s earlier Opinion (The IPKat here ). As a reminder, Art. 4(1) Paris Convention provides: Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark,

IP 113
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Copyright, Trademark and Willy’s Chocolate Experience

Plagiarism Today

The recent "Glasgow Willy Wonka Event" may have launched a thousand memes. but it also raises some serious copyright and trademark issues. The post Copyright, Trademark and Willy’s Chocolate Experience appeared first on Plagiarism Today.

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BitTorrent is No Longer the ‘King’ of Upstream Internet Traffic

TorrentFreak

In the past two decades, Internet traffic has exploded with more bytes being transferred in each successive year. While this stable trend continues, the types of traffic that pass through the pipes have changed radically. Back in 2004, in the pre-Web 2.0 era, research indicated that BitTorrent was responsible for an impressive 35% of all Internet traffic.

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‘IP Rights’ is the National High School Debate Topic for 2024-2025

IP Watchdog

After a year-long process involving 38 state organizations and dozens of individual representatives, IP rights has been selected as the topic for the 2024-2025 debate competition by The National Federation of State High School Associations (NFHS). “Should the U.S. strengthen intellectual property rights” was chosen over “Nuclear Weapons Reduction” by a 25-17 vote in the final balloting process.

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The Pros And Cons Of Protecting AI As Trade Secrets

JD Supra Law

Trade secrets have become a de facto intellectual property right for securing valuable artificial intelligence information. Despite regulatory trends toward greater transparency of AI models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information. Originally published in Law360 - March 4, 2023. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Disney Can't Slip Patent Claims In Suit Over Thanos VFX Tech

IP Law 360

A California federal judge has kept alive a visual effects company's patent infringement claims alleging The Walt Disney Co. unlawfully used its technology to create iconic Marvel film characters, such as Thanos and the Hulk, but once again tossed its claims of copyright infringement.

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Can I Use Publicly Available Data for Research or Projects Without the Risk of Copyright Infringement?

Velocity of Content

Using publicly available data for research or projects may be attractive because it can be more easily accessible than proprietary or private materials. However, the public availability of certain datasets or research doesn’t make the content free from restrictions. There are several factors that should be taken into consideration even when using public data: Nature of the Data Publicly available data can include a wide range of information, such as government datasets, publicly shared research

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Jay Shetty and Boomerang Plagiarism Allegations

Plagiarism Today

Influencer Jay Shetty is facing allegations that he falsified much of his past. With that returns old plagiarism allegations made new again. The post Jay Shetty and Boomerang Plagiarism Allegations appeared first on Plagiarism Today.

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Piracy Shield: IP Addresses and Server Locations Blocked Since Launch

TorrentFreak

There’s rarely a shortage of conflict and controversy in the perpetual online piracy wars. For some, the David versus Goliath imagery, of ordinary people fighting faceless corporations, will never get old. For others, the right of creators to receive fair compensation for their work is non-negotiable; it puts food on the table, literally. Yet spend enough time digesting every possible detail presented by those shouting most loudly about piracy, and it becomes increasingly clear that piracy

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Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit

The IP Law Blog

OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. On February 12, 2024, a District Court in the Northern District of California issued its Order and ruled on the OpenAI defendants’ motions to dismiss various claims in the two pending putative class action lawsuits.

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UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

JD Supra Law

In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark infringement in the United Kingdom.

Trademark 127
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The Biggest Trade Secrets Awards In The Last 5 Years

IP Law 360

Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.

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[Guest post] Dramatic reversal in the CRISPR Broad Institute cases following G 1/22

The IPKat

In G 1/22 (and G 2/22), the Enlarged Board of Appeal (EBA) found that there is a strong rebuttable presumption that an applicant of a European patent application is entitled to claim priority. An interesting question following G 1/22 was the potential impact (if any) on the high-profile CRISPR dispute. The Broad Institute famously lost a highly commercially valuable CRISPR patent for invalid priority ( T 844/18 , IPKat ).

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Copyright Claims Board Finds Documentary was Fair Use

Plagiarism Today

In a case involving clips from an Andrew Dice Clay comedy special, the Copyright Claims Board has found a documentary was a fair use. The post Copyright Claims Board Finds Documentary was Fair Use appeared first on Plagiarism Today.

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Cox Requests Rehearing of Piracy Case That ‘Threatens to Throw Countless People Offline’

TorrentFreak

Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. The biggest hit came four years ago when the Internet provider lost its legal battle against a group of major record labels, including Sony and Universal. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, and ordered the company to pay $1 billion in damages to the labels.

Music 121
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Exploring the Definitions of AI for Legal Purposes

Barry Sookman

There is a lot being written about artificial intelligence (AI). There are also many different ways of defining the term AI including for legal purposes. This post will examine some of the leading legally defined uses of the terms AI and generative artificial intelligence. Legal definitions of Artificial Intelligence The leading definition of artificial intelligence is the recent updated definition of artificial intelligence from the OECD : An AI system is a machine-based system that, for expli

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Patent Poetry: Patent and Trademark Offices Publish Study on NFT IP Issues

JD Supra Law

The US Patent and Trademark Office (USPTO) and the Copyright Office have published the results of their joint study on non-fungible tokens (NFTs) and intellectual property (IP). The Report was created in response to a June 2022 request from Senators Patrick Leahy (D-VT) and Thom Tillis (R-N.C.) to undertake a study.

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Fight Over NFL Star's Statue Hinges On Who Holds Copyright

IP Law 360

The works of sculptors, like those of other artists, are protected by the fair use doctrine in U.S. copyright law, while photographers also have copyright protection for their work when others try to use it for their own profit. The intersection of those rights complicates a rare copyright infringement suit against the NFL and the Detroit Lions over a statue of Hall of Fame player Barry Sanders, experts say.

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Consumers Target Apple Following DOJ Antitrust Suit

IP Watchdog

A number of individual consumers have filed suit against Apple, Inc. in California and New Jersey courts, piggybacking on the U.S. Department of Justice’s (DOJ’s) March 21 complaint accusing Apple of “broad-based, exclusionary conduct” amounting to monopolization of the smartphone market. The DOJ’s sweeping complaint included a number of U.S. states as plaintiffs and charged Apple with “thwart[ing] innovation” and throttle[ing] competitive alternatives via its practices around the iPhone platfor

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Judge Rules Craig Wright is Not Bitcoin Inventor Satoshi Nakamoto

Plagiarism Today

For nearly a decade, Craigh Wright has claimed to be Bitcoin creator Satoshi Nakamoto. However, those claims just took a major blow. The post Judge Rules Craig Wright is Not Bitcoin Inventor Satoshi Nakamoto appeared first on Plagiarism Today.

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You Wouldn’t Steal an Episode of the ‘Pirate Bay’ TV Series?

TorrentFreak

When pirated copies of “Grand Theft Auto: San Andreas” came out nearly two decades ago, The Pirate Bay changed its front page logo. The Pirate Bay became the “Grand Theft Bay,” illustrating the deviant stance upon which the site built its reputation since the year of its launch. The GTA-inspired logo was the first of many ‘doodles’ that separated the ‘most resilient torrent site’ from its competition.

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Gerber's Good Start troubles continue

43(B)log

Hasemann v. Gerber Prods. Co., 2024 WL 1282368, No. 15-CV-2995(EK)(JAM), 16-CV-1153(EK)(JAM), 17-CV-0093(EK)(JAM) (E.D.N.Y. Mar. 25, 2024) Gerber Good Start Gentle formula isn’t like most other infant formulas, which are made with “intact” cow’s milk protein. GSG uses cow’s milk protein that has been partially broken down (“100% Whey-Protein Partially Hydrolyzed”).

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Court Dismisses Most Claims In Two AI Copyright Cases

JD Supra Law

The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v. OpenAI, Inc. and Silverman v. OpenAI, Inc., 2024 U.S. Dist. LEXIS 24618 (N.D. Cal. Feb. 12, 2024). The books in question include The Cabin at the End of the World by novelist Paul Tremblay and The Bedwetter by comedian Sarah Silverman.

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Tech, Retail Industries Say No To Patent Eligibility Reforms

IP Law 360

A coalition of tech companies, retailers and tech activist groups lined up on Monday in opposition to the latest legislative effort to limit patent invalidation in the courts, warning that unseating legal precedents over eligibility would lead to a coming "wave of crippling litigation.

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