Sat.Sep 09, 2023 - Fri.Sep 15, 2023

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Barstool Sports Accused of Content Laundering

Plagiarism Today

Barstool Sports is again facing allegations of content laundering, this time with proof of at least 40 burner Twitter accounts. The post Barstool Sports Accused of Content Laundering appeared first on Plagiarism Today.

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Canada’s Online News Act: Will New Regulations Clarifying Revenue Expectations from Dominant Platforms Bring an End to Their News Blocking Tactics?

Hugh Stephens Blog

(Since the majority of my readership is outside Canada, I have gone into somewhat more background detail in this post than is probably necessary for Canadian readers, who may wish to skip the parts covering some well-rehearsed details of the legislation). As Canada’s disastrous wildfires continued their destructive path, with 2/3 of the population of … Continue reading "Canada’s Online News Act: Will New Regulations Clarifying Revenue Expectations from Dominant Platforms Bring an End to Th

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5 Things Corporate Boards Need to Know About Generative AI Risk Management

Intellectual Property Law Blog

The use of artificial intelligence (AI) is booming. Investors and companies are pouring cash into the space, and particularly into generative AI (GAI), to seize their share of the market which McKinsey reports could add up to $4.4 trillion annually to the global economy. Some companies are investing tens or hundreds of millions of dollars or more into GAI.

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Practicing What We Preach at EMP&A

Erik K Pelton

The following is an edited transcript of my video Practicing What We Preach. Here at Erik M. Pelton & Associates, we really believe in practicing what we preach. As a small business law firm, we have taken our own advice and we have more than a dozen trademark registrations in our name (17 registrations as of fall 2022). One of our recent registrations is for Trademarkive® , the name of our online collection featuring some of our most valuable content on key trademark topics.

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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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A.V. Club’s AI Reporter Plagiarized IMDb

Plagiarism Today

A report by Futurism points out plagiarism by A.V. Club's AI reporter. Here's why it matters, even if the company doesn't seem to care. The post A.V. Club’s AI Reporter Plagiarized IMDb appeared first on Plagiarism Today.

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Third Circuit Cancels Watermelon Candy Trademark in Precedential Functionality Decision

IP Watchdog

On September 7, the U.S. Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. v. Haribo of America Inc. In affirming the district court’s grant of summary judgment, the Third Circuit found that PIM’s federally registered trademark to a wedge-shaped candy with green, white and red stripes should be canceled because the mark as a whole identifies the candy’s flavor.

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Announcing Building a Bold Brand on Audible

Erik K Pelton

Building a Bold Brand is now available on the Audible app! Erik shares details and a sneak peek in this video. The post Announcing Building a Bold Brand on Audible appeared first on Erik M Pelton & Associates, PLLC. Building a Bold Brand is now available on the Audible app! Erik shares details and a sneak peek in this video.

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3 Count: Cracked and Broken

Plagiarism Today

Judge dismisses WAP lawsuit, Japanese gamer jailed over let's play videos and Rockstar cracked their own games, creating problems for buyers. The post 3 Count: Cracked and Broken appeared first on Plagiarism Today.

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U.S. Chamber Announces Framework Aimed at Reshaping National IP Narrative

IP Watchdog

On September 13, the U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) announced that it had joined with 30 other signatories to publish a framework of intellectual property principles designed to maintain America’s global lead in innovation. Supported by a coalition of well-recognized individuals and trade organizations long supporting greater certainty in patent rights, the framework of IP principles is intended to serve as a guidebook for policymakers who want to address genui

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The Intersection of Artificial Intelligence and Copyright

Velocity of Content

Copyrighted material is fuel for AI systems. Voluntary collective licensing is an effective solution enabling the use of copyrighted material as society realizes the benefits promised by AI systems. I invite our Velocity of Content blog readers to check out CCC’s “ Intersection of AI & Copyright ” page. It features a memo by IP and AI law expert Professor Daniel Gervais of the Vanderbilt Intellectual Property Program, where he addresses key copyright questions posed by AI technologies.

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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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5 Free Ways to Strengthen Any Brand

Erik K Pelton

The following is an edited transcript of my video 5 Free Ways to Strengthen Your Brand. Here are five free things that any business can do to strengthen their brand. No matter how long your brand has been around, whether you have a hundred customers or a million customers, you can do these things. Use the proper symbol for your trademark. If you have a registration, use the ® prominently with your brand.

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3 Count: LLaMA Too

Plagiarism Today

Authors file lawsuit against Meta over AI training, ACE targets Zoro successor, and Grammy CEO clarifies position on AI. The post 3 Count: LLaMA Too appeared first on Plagiarism Today.

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More Authors Sue OpenAI for Copyright Infringement

IP Watchdog

A Pulitzer Prize-winning author and a number of Tony, Grammy and Peabody award winners are the latest to sue OpenAI for copyright infringement based on the way it trains its popular chatbot, ChatGPT. In July, comedian Sarah Silverman and authors Christopher Golden and Richard Kadrey brought a similar suit against OpenAI.

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Recent Developments Related to Generative AI and Copyright Law

JD Supra Law

The increasing sophistication of generative artificial intelligence (AI) has had widespread effects on fields ranging from art and film to law and healthcare. The implications for copyright law principles, such as authorship, infringement, and fair use, are significant, raising many complicated questions: Does the generative AI training or fine-tuning process infringe copyrights in other works?

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Publishers’ Lawsuit Accuses Libgen of “Staggering” Copyright Infringement

TorrentFreak

With two alleged operators of Z-Library currently defending a criminal lawsuit filed by the U.S. government, another of the world’s most recognized book piracy platforms has fresh legal problems of its own. Library Genesis was founded in Russia around 2008, mostly offering local language scientific textbooks. After reportedly adding around 500,000 predominantly English-language books courtesy of Library.nu, ‘Libgen’ archives received another huge boost with the addition of cont

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Games Workshop Files 12 Cases with the Copyright Claims Board

Plagiarism Today

Games Workshop, best known for the Warhammer games and miniatures, has filed a dozen cases with the Copyright Claims Board. The post Games Workshop Files 12 Cases with the Copyright Claims Board appeared first on Plagiarism Today.

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Federal Court Approves Consent Order Requiring Minister Steven Guilbeault to Unblock Ezra Levant on Twitter

Michael Geist

The Federal Court has approved a consent order requiring Environment and Climate Change Minister Steven Guilbeault to unblock Rebel News publisher Ezra Levant on Twitter. The order stems from a 2021 lawsuit filed by Levant which argued that blocking “violated the Applicants’ constitutional rights under section 2(b) of the Canadian Charter of Rights and Freedoms in blocking access to official governmental Twitter accounts, and thereby limiting the Applicants’ ability to, inter alia, access and co

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United in Memory: The Effects of September 11 Still Reverberate Today

U.S. Department of Commerce

United in Memory: The Effects of September 11 Still Reverberate Today September 11, 2023 KCPullen@doc.gov Mon, 09/11/2023 - 09:35 First responder network By Joe Wassel, Executive Director and CEO, First Responder Network Authority September 11 irrevocably altered the lives of Americans. Today, on the anniversary, we solemnly reflect on that fateful day and its impact on our nation.

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Z-Library Opens ‘Z-Points’ Around the World to Share Paper Books

TorrentFreak

With more than 14 million digital books in its archive, Z-Library is one of the largest shadow libraries on the Internet. What stands out even more is that the site continues to thrive; even though two of its alleged operators were arrested as part of a criminal crackdown by the United States. These two defendants, both Russians, are currently fighting a heated extradition battle.

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3 Count: Round 2

Plagiarism Today

Second group of authors sue OpenAI, Internet Archive files appeal in controlled digital lending case and Uncle Roger dodges copyright notice. The post 3 Count: Round 2 appeared first on Plagiarism Today.

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CAFC Vacates Netflix and Apple Losses at PTAB in Two Precedential Rulings

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued two precedential opinions vacating and remanding decisions of the Patent Trial and Appeal Board (PTAB). In the first, the court said the PTAB abused its discretion in finding that Netflix, Inc. failed to articulate a field of endeavor to establish analogous art, vacating the Board’s decision in part.

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Award-Winning AI Art Not Copyrightable

The IP Law Blog

Last year, Jason M. Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful.

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Checklist of Issues on Generative IP

Kluwer Copyright Blog

Image by Gerd Altmann from Pixabay The intersection of Artificial intelligence and Intellectual Property is complex. It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). The situation has increased in complexity now that not only the input but also the output of Large Language Models (or LLMs) has allowed AI machines to produce potentially p

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3 Count: Public Access

Plagiarism Today

Appeals Court rules in favor of sharing private standards that become legal code, Gagosian gallery wins key decision and more. The post 3 Count: Public Access appeared first on Plagiarism Today.

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Interpretation of G 2/21: Inventive step may be supported solely by post-published data (T 0116/18)

The IPKat

The minutes of oral proceedings have been published from the referring Board of Appeal case behind G 2/21 ( T 0116/18 ). The minutes are brief but confirm the Board of Appeal's decision to acknowledge the inventive step of the claimed invention and to dismiss the appeal. The inventive step of the claimed invention was acknowledged based on the post-published data submitted by the Patentee.

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Award-Winning AI Art Not Copyrightable

JD Supra Law

Last year, Jason M. Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful.

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Authors Target OpenAI, Meta With More Suits

Velocity of Content

Yet another set of authors has filed a set of class action lawsuits claiming unauthorized use of copyrighted works to train AI systems by OpenAI and Meta. In the suit brought by Michael Chabon, David Henry Hwang, Matthew Klam, Rachel Louise Snyder, and Ayelet Waldman, the claims are pretty much identical to those made in previous suits, according to Andrew Albanese , Publishers Weekly executive editor.

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Philadelphia Inquirer Fires Sports Editor Over Plagiarism

Plagiarism Today

The Philadelphia Inquirer has fired a sports editor over allegations of plagiarism. However, the story hints at deeper problems at the paper. The post Philadelphia Inquirer Fires Sports Editor Over Plagiarism appeared first on Plagiarism Today.

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AI and copyright: More developments – human prompts are not ‘direct instructions’

SpicyIP

Image from here. Théâtre D’opéra Spatial. On September 5, 2023, as explained here , the US Copyright Office (USCO) issued an interesting decision in a copyright registration matter that involved AI-generated work. Previously, in the Thaler case , the US Copyright Office had refused to register an AI-generated work since the application named the AI-system as the author.

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Copyright Office Holds That 600+ Prompt Iterations Are Not Enough 'Human Authorship' for Registration of GenAI Artwork

JD Supra Law

On September 5, 2023, the U.S. Copyright Office Review Board affirmed the Copyright Office’s refusal to register a digital artwork created with the Midjourney text-to-image GenAI tool. The Review Board held that text prompts alone did not constitute sufficient human authorship, despite the claim that the work was the result of 624 iterative prompts.

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WordPress Rejects 86% of All DMCA Takedown Notices

TorrentFreak

Automattic , the company behind the popular blogging platform WordPress, receives thousands of takedown requests from copyright holders. For several years the volume of notices continued to increase , with a peak in 2018, after which the trend slowly went in the other direction. This week, the company published its latest WordPress.com transparency report , revealing that it processed 2,412 takedown notices during the first six months of the year.

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Why the Government’s Draft Bill C-18 Regulations Don’t Work: The 4% Link Tax is Not a Cap. It’s a Floor.

Michael Geist

The Online News Act has quickly emerged as one of the government’s biggest policy failures with Canadian news outlets facing lost traffic, lost revenues, and lost competition. The source of the Bill C-18 failure was the government’s seeming inability or unwillingness to game plan the potential outcomes of the law, rejecting criticisms and calls for a “Plan B” by instead relying on the hope that the policy measures would simply unfold as they did in Australia.

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SpicyIP Tidbit: CGPDTM Notifies Patent and Trademark Agent Exams 2024

SpicyIP

Image by storyset on Freepik The CGPDTM has notified the 2024 Patent and Trademarks Agents Exams. The Trademarks Agent Exam is “likely” to be held on January 06, 2024 and the Patent Agent Exam is “likely” to be held on January 7, 2024 in 14 locations- Ahmedabad, Bangalore, Chandigarh, Chennai, Cochin, Delhi, Guwahati, Hyderabad, Kolkata, Lucknow, Mumbai, Nagpur, Ranchi, and Vishakhapatnam.

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Intellectual Property Assignments from Software Developers: Key Provisions in France, Germany, the United Kingdom, and United States

JD Supra Law

With the rise in multinational technology companies, including startups, it is increasingly common for those companies to use software developers located in countries around the world. Securing an assignment of all intellectual property (IP) rights from contractors involved in the development of software is essential to ensure that a company owns all rights and has full control over its proprietary software.

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Do UK ISPs Have Permission to Monitor IPTV Pirates & Share Their Data?

TorrentFreak

Anyone who uses the internet today should already be aware that privacy is all but non-existent. The quid pro quo for using any major online service, social networks in particular, is the surrender of extraordinary amounts of personal data. Even regular websites can deploy dozens of trackers and trying to surface those don’t, using a search engine perhaps, makes everything several times worse.

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