October, 2024

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Skiplagged, American Airlines and a Bizarre Copyright Verdict

Plagiarism Today

A battle over the practice of skiplagging has created a bizarre copyright verdict that could impact the use of logos online. The post Skiplagged, American Airlines and a Bizarre Copyright Verdict appeared first on Plagiarism Today.

Copyright 301
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Northwestern University Sues Moderna Over Spikevax Vaccine

IP Watchdog

Northwestern University sued vaccine maker Moderna, Inc. on Wednesday, October 16, in the U.S. District Court for the District of Delaware, alleging infringement of three patents the school says cover technology key to the delivery method for Moderna’s groundbreaking messenger-RNA (mRNA) COVID-19 vaccine. The complaint alleges that Northwestern inventors at the school’s International Institute for Nanotechnology (IIN) pioneered the technology for a “vehicle for delivering genetic code into a cel

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Shueisha Hunts Manga Pirates But Needs Google, PayPal & VISA to Assist

TorrentFreak

Identifying the anonymous operators of pirate sites and then locating them, wherever they are in the world, is rarely a straightforward matter. Even when that is achieved, filing copyright lawsuits and then winning those cases could take years rather than months to complete. Japan-based publishing giant Shueisha often utilizes courts in the United States to obtain information on mostly anonymous pirate site operators.

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The German LAION decision: A problematic understanding of the scope of the TDM copyright exceptions and the transition from TDM to AI training

The IPKat

IPKat-approved Laion A few days ago, the District Court of Hamburg delivered what appears to be the first judgment in Europe on the construction and application of the national transpositions of the text and data mining (TDM) exceptions found in Arts. 3 and 4 of the DSM Directive (310 O 227/23). As reported on The IPKat and elsewhere , the Hamburg court ruled that LAION could rely on the exception found in Section 60d UrhG (TDM for scientific research purposes).

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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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When Antisemitism No Longer Shocks

Michael Geist

Last week, Green College, an interdisciplinary graduate college on the campus of the University of British Columbia in Vancouver, hosted a medieval workshop titled The Writing of Ancient Christianity in Late Antiquity and the Middle Ages. As the title would suggest, the workshop was highly specialized and of limited interest to anyone outside of the scholarly field.

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Intel’s EUR 1 Billion Fine Overturned: ECJ’s Landmark Ruling

JD Supra Law

On October 24, 2024, the European Court of Justice (ECJ) confirmed the annulment by the General Court (GC) of the European Commission’s (EC) decision to impose a EUR 1.06 billion fine on Intel for the abuse of a dominant position on the x86 Central Processing Units (CPUs) market, specifically through the use of exclusivity rebates granted to several computer manufacturers.

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What Intellectual Property Policy Should Look Like in the Age of AI

IP Watchdog

As artificial intelligence (AI) technology continues to evolve at an unprecedented pace, it brings with it numerous questions regarding the application of intellectual property (IP) laws. The intersection of AI and IP raises critical considerations about the rights of creators and innovators, the interpretation and enforcement of established laws, and the potential impact on the future of creativity and innovation.

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Google Drive Blackout in Italy After Another Major Anti-Piracy Blunder

TorrentFreak

Italy has an administrative blocking mechanism and a technical blocking platform, Piracy Shield, operated by rightsholders in the private sector. Up until now, AGCOM, Italy’s independent telecoms regulator, has been Piracy Shield’s greatest supporter, at least of those not already benefiting financially from the activities of football league Serie A, currently the only beneficiary of Piracy Shield blocking.

IP 139
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CJEU rules that EU Member States cannot set their own reciprocity clauses under the Berne Convention

The IPKat

The chair at the centre of the Dutch litigation on its own. Last week, the Court of Justice of the European Union (CJEU) issued its much- (though not long-) awaited judgment in Kwantum , C-227/23 , substantially upholding the Opinion of Advocate General (AG) Szpunar [IPKat here ] , which was only issued last month. In essence, the CJEU ruled that EU Member States do not enjoy any competence to set their own reciprocity rules under the Berne Convention (in this case: Article 2(7) ), given that th

Art 128
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Creator Spotlight with Cartoonist Maryette Clement

Copyright Alliance

This week we’d like to introduce cartoonist and author Maryette Clement. Maryette’s book, The Teenyboppers #1, is available on Amazon. Be sure to also follow her on Instagram. What was the inspiration behind becoming a […] The post Creator Spotlight with Cartoonist Maryette Clement appeared first on Copyright Alliance.

Copyright 126
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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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Why Your Organization Needs to Craft a Comprehensive GenAI Policy Now

JD Supra Law

The rapid advancement of generative artificial intelligence technologies has revolutionized various industries by automating complex tasks, creating content, and enhancing decision-making processes. However, it also poses significant business risks and ethical dilemmas. Because this technology is so easy to use and exploding in capabilities, it is crucial that companies establish a comprehensive GenAI policy.

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Copyright Claims Board Releases Key Statistics

Plagiarism Today

The Copyright Claims Board has released statistics about its first 1,000 cases. Here's what the numbers say. The post Copyright Claims Board Releases Key Statistics appeared first on Plagiarism Today.

Copyright 278
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The Most Important Issues Facing the IP Industry | IPWatchdog Unleashed

IP Watchdog

This week on IPWatchdog Unleashed we have a special episode. At the end of September we held our annual all-topics conference, which we call IPWatchdog LIVE. This conference brings together some of the top thought leaders and newsmakers from the entire industry, with a variety of different backgrounds and people who focus on various different niche verticals within the IP community.

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Men Arrested For Transcribing Godzilla Minus One, Posting Details to a Website

TorrentFreak

The belief that somehow everything is free on the internet was widespread in the late 1990s. Sites were overwhelmingly free and if MP3 files were spotted by an alert surfer, it was almost considered rude not to download them, bandwidth permitting. Today’s social media users see copyright conflicts on a regular basis, but probably due to the way copyright is enforced, tend to view images and text as faiir game when compared to movies and music.

Fair Use 128
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Geoblocking measures sufficient to prevent a “communication to the public”? The CJEU gets a second chance

Kluwer Copyright Blog

Photo by Markus Spiske on Unsplash Once again, the Court of Justice of the European Union (CJEU) has been asked to provide clarity on the concept of “communication to the public” as laid down in article 3 of the 2001 Copyright in the Information Society Directive (InfoSoc Directive). On 20 September 2024, the Dutch Supreme Court referred preliminary questions to the CJEU regarding the legal implications of geoblocking in the context of the right to communication to the public.

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The Substance of OpenAI’s Patent Pledge?

Patently-O

by Dennis Crouch OpenAI’s new patent pledge promises to use their patents only for defensive purposes, as long as other parties do not assert claims against them or engage in harmful activities. The move echoes Tesla CEO Elon Musk’s 2014 declaration that “all our patent … belong to you” – a pledge that garnered significant attention but left many questions unanswered.

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I Build Generative AI Technology: Does California’s New Transparency Requirement Apply to Me?

JD Supra Law

On September 28, 2024, California Governor Gavin Newson signed into law AB-2013, requiring developers of generative artificial intelligence (AI) models, under certain conditions, to make specific disclosures regarding those models by January 1, 2026. At a high level, the disclosure requirements are directed towards greater transparency regarding what data goes into generative AI systems, especially for developers making AI systems expected to be generally available to the public.

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The Dark Ages of Academic Plagiarism

Plagiarism Today

The modern history of plagiarism is dominated by the evolution of tech. However, there was one particularly dark time that's making a return. The post The Dark Ages of Academic Plagiarism appeared first on Plagiarism Today.

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Jack Daniel’s Continues, with Trademark Dilution as the New Battleground

IP Watchdog

By now, most IP practitioners are familiar with the U.S. Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc. v. VIP Products, Inc. The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The ruling addressed VIP’s defenses to trademark infringement and trademark dilution.

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ISPs ‘Betrayed’ Over Pirate Site-Blocking Threats, The Reckoning Will Be Invisible

TorrentFreak

Fresh amendments to Italian law were passed by Senators this week and their effects will soon be felt on the IPTV piracy battlefield. Covered in detail in our earlier report , this advanced legal weaponry is incapable of dealing with distant pirate IPTV services. Instead, it mainly targets communications infrastructure, much of it operated by rightsholders’ supposed allies – ISPs – who were given no say in the matter.

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Patent Application for Gilead’s Lenacapavir Opposed: Saving Generics of HIV Drugs?

SpicyIP

[A big thanks to Swaraj for his inputs on the post.] The Indian Patent Office (IPO) is set to hear objections against Gilead Sciences’ patent claims for Lenacapavir, an HIV drug. This situation highlights the ongoing struggle between patent protections and access to essential medicines. Pre-grant oppositions (PGOs) are crucial in India’s patent system, allowing challenges to patents before they’re granted.

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Bologna Court of Appeal confirms that Italian image rights extend to cultural heritage assets (which cannot be used commercially without authorization)

The IPKat

The Duke's Aceto Balsamico di Modena. Over the years, The IPKat has reported on the growing body of case law issued by Italian courts concerning the extent to which the Italian Cultural Heritage Code (ICHC) prevents the use of assets belonging to the rich Italian cultural heritage without securing the prior authorization of competent administrative authorities.

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Patent Poetry: Supreme Court Denies Cert on Patent and Trademark Cases

JD Supra Law

The US Supreme Court has denied cert on several cases involving patents and trademarks, meaning that the Court will not consider the appeals and the lower court rulings will stand.

Trademark 114
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The Death of the Superhero Trademark

Plagiarism Today

The US Patent and Trademark Office has canceled Marvel and DC's trademark registrations related to the term superhero. Here's what it means. The post The Death of the Superhero Trademark appeared first on Plagiarism Today.

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By Codifying the eBay Factors, RESTORE Does Not Solve the Problem of Obtaining Injunctive Relief

IP Watchdog

In 2006, the Supreme Court upended U.S. innovation in eBay vs. MercExchange (eBay). The eBay decision mandated a four-factor test (eBay Factors) that made injunctions nearly impossible to obtain. A working paper from Professor Kristina M.L. Acri shows that eBay reduced injunctions by 91.2% for patent owners without a product and 66.7% for patent owners with a product. eBay opened the floodgates to massive predatory infringement, destroying countless startups, especially those commercializing cri

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Game Companies List ‘FitGirl-Repacks’ as a Key Piracy Threat

TorrentFreak

The Entertainment Software Association ( ESA ) has submitted its latest overview of “ Notorious Markets ” to the Office of the US Trade Representative (USTR). These submissions serve as input for the USTR’s yearly overview of piracy ‘markets’ which helps to shape the U.S. Government’s global copyright enforcement agenda going forward. The ESA, which represents video game companies including Electronic Arts, Epic Games, Microsoft, Nintendo, Sony, and Ubisoft, hopes that the interests of its membe

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Experts and Calcutta High Court IPRD Rules, 2024; A Critique and Discussion

SpicyIP

Image from here. Nation’s Third, A New IPD at Calcutta High Court! Later but not late. In the gazette notification dated 2oth September 2024 the Intellectual Property Rights Division Rules of the High Court, Calcutta, 2023 were notified. Vide the Rules, the following two divisions were constituted in the Calcutta High Court: the Intellectual Property Rights Division (IPRD) and the Intellectual Property Rights Appellate Division (IPRAD).

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Fleetwood Facts: Art Imitates Life, But Does It Infringe Copyright?

Copyright Lately

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. Ken Caillat , the Grammy Award-winning sound engineer and co-producer of Fleetwood Mac’s iconic Rumours album , claims the creators of Stereophonic didn’t exactly go their own way when crafting the hit play.

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[Video] Navigating Intellectual Property Challenges in the Renewable Energy Sector - Energy Law Insights

JD Supra Law

Join Troutman Pepper Partners Bill Belanger and Greg Len for an insightful discussion on the evolving landscape of intellectual property (IP) within the renewable energy sector. Discover the increasing trend of patent infringement litigation, the importance of a robust IP strategy, and real-world examples of how companies can protect their innovations.

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3 Count: Blade Runner 2024

Plagiarism Today

Film company sues Tesla over Blade Runner clips, NBA teams deny social media infringement, and News Corp sues Perplexity The post 3 Count: Blade Runner 2024 appeared first on Plagiarism Today.

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Blade Runner 2049 Producer Alleges Musk Created Infringing Image with Generative AI

IP Watchdog

On October 21, Los Angeles-based film production company Alcon Entertainment filed a lawsuit in the Central District of California alleging copyright infringement and false endorsement against automaker Tesla, its CEO Elon Musk and media conglomerate Warner Bros. Discovery. The suit claims that these parties are responsible for the creation of an artificial intelligence (AI) generated image of Tesla’s Cybercab using iconic imagery from Alcon’s 2017 theatrical release Blade Runner 2049.

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Tech Companies Flag Piracy Blocking as Threat to the Open Internet & Digital Trade

TorrentFreak

Every year the office of the United States Trade Representative (USTR) publishes the National Trade Estimate Report on Foreign Trade Barriers. The report is compiled based on input from key industry players. This includes submissions from copyright industry groups, such as the MPA , that frequently highlight piracy challenges. Most rightsholders would like foreign countries to strengthen their online piracy efforts and policies, by implementing institutionalized piracy blocking schemes, for exam

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JOIN US! IPKat webinar announcement - Image rights in the age of AI: Less is more or more is better?

The IPKat

Like many other celebrities (think of: Scarlett Johansson or Drake), The IPKat also has a characteristic appearance – not to say: objective beauty and appeal – worth protecting against the frequent third-party misappropriation attempts. Yet, the very protection of one’s own likeness and other personal features (for example: voice, silhouette, etc) may vary very significantly from jurisdiction to jurisdiction, with virtually no international or – to the exclusion of data protection / privacy aspe

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SPEX v. Western Digital: $316 Million Verdict for Means Plus Function Claim

Patently-O

A Central District of California jury has awarded SPEX Technologies nearly $316 million in damages against Western Digital for infringement of a patent related to hardware encryption technology. The verdict, handed down on October 18, 2024, comes after an eight-year legal battle and raises interesting questions about infringement of means-plus-function claims and the calculation of reasonable royalty damages.

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Patent Poetry: 2 Live Crew Heirs Win Right to Reclaim Music

JD Supra Law

Luther Campbell, the former leader of 2 Live Crew, and the heirs of two other group members have won a legal battle over the rights to the group’s music. Lil’ Joe Records, owned by Joseph Weinberger, bought the group’s catalog in 1996 as part of Campbell’s bankruptcy proceedings.

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