Hugh Stephens Blog
MARCH 10, 2024
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.
Plagiarism Today
MARCH 11, 2024
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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TorrentFreak
MARCH 25, 2024
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.
Michael Geist
MARCH 13, 2024
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.
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
MARCH 5, 2024
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.
Kluwer Copyright Blog
MARCH 13, 2024
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.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
Plagiarism Today
MARCH 19, 2024
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.
TorrentFreak
MARCH 26, 2024
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
43(B)log
MARCH 21, 2024
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.
JD Supra Law
MARCH 23, 2024
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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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.
Barry Sookman
MARCH 17, 2024
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.
IP Watchdog
MARCH 25, 2024
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.
Plagiarism Today
MARCH 4, 2024
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.
TorrentFreak
MARCH 15, 2024
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.
IP Law 360
MARCH 22, 2024
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.
JD Supra Law
MARCH 28, 2024
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.
The IPKat
MARCH 11, 2024
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,
The IP Law Blog
MARCH 14, 2024
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.
Plagiarism Today
MARCH 5, 2024
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.
TorrentFreak
MARCH 3, 2024
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
IP Law 360
MARCH 18, 2024
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.
JD Supra Law
MARCH 25, 2024
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.
The IPKat
MARCH 15, 2024
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 ).
IP Watchdog
MARCH 27, 2024
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
Plagiarism Today
MARCH 12, 2024
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.
TorrentFreak
MARCH 14, 2024
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.
IP Law 360
MARCH 20, 2024
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.
JD Supra Law
MARCH 5, 2024
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.
Barry Sookman
MARCH 10, 2024
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
43(B)log
MARCH 29, 2024
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”).
Plagiarism Today
MARCH 14, 2024
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.
TorrentFreak
MARCH 10, 2024
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.
IP Law 360
MARCH 11, 2024
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.
JD Supra Law
MARCH 29, 2024
It was a busy two weeks in Web3 law, as Binance lost in an appeal that could have wide-ranging jurisdictional implications outside of just digital assets. Coinbase also went on the offensive against the SEC in appealing the SEC’s denial of rulemaking, and Coinbase was supported by many industry stakeholders as amicus a week later.
Velocity of Content
MARCH 20, 2024
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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