Sat.May 11, 2024 - Fri.May 17, 2024

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What the Latest Supreme Court Copyright Ruling Means for You

Plagiarism Today

Last week, the Supreme Court ruled that a music producer can collect over a decade of damages. What does it mean for you? The post What the Latest Supreme Court Copyright Ruling Means for You appeared first on Plagiarism Today.

Copyright 245
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Canada is not the United States when it comes to Copyright: The Cases Anne of Green Gables and Steamboat Willie (or Down the Copyright Rabbit-Hole, Twice)

Hugh Stephens Blog

Image: Shutterstock.com Canada not the US when it comes to copyright—or anything else.

Copyright 236
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Marvel Subpoenas Instagram to Expose ‘Captain America: Brave New World’ Leaker

TorrentFreak

The fourth installment of Marvel’s Captain America film series is scheduled to be released February next year. Captain America: Brave New World is directed by Julius Onah and will star Anthony Mackie in the role of Samuel Wilson, better known to the broader public as “Captain America” In the lead-up to the film’s premiere, there’s been no shortage of rumors and leaks.

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X Corp. v. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. A platform sues a web scraper in the Northern District of California for (among others) a breach of its Terms of Service (ToS) —and the platform loses.

Blogging 127
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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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Is Your Community Selling You Out to AI?

Plagiarism Today

Stack Overflow has drawn the ire of its members by reaching a deal with OpenAI. Is your favorite community next or has it done so already? The post Is Your Community Selling You Out to AI? appeared first on Plagiarism Today.

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Making Licensing Harder Doesn’t Boost U.S. Manufacturing

IP Watchdog

While it’s appropriate to lament the lack of bipartisan cooperation in Washington, just because something’s bipartisan doesn't mean it’s a good idea. Exhibit A could be Senator Tammy Baldwin (D-WI) and Senator J.D. Vance’s (R-OH) “Invent It Here, Make It Here” bill. Despite the name and its good intentions, it condemns promising federally funded inventions to waste away without doing a thing to build our domestic manufacturing base.

Licensing 128

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The Legacy of A.B. Dick and Motion Picture Patents: How these 100+ Year Old Ruling Reshaped Patent Law

Patently-O

by Dennis Crouch I see the US Supreme Court’s 1912 decision in Henry v. A.B. Dick Co. as a major turning point in American patent and antitrust law. 224 U.S. 1 (1912). The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. But, that decision sparked a major reform effort.

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3 Count: Shopify vs. Seed

Plagiarism Today

10th Circuit to rehear Tiger King case, Appeals Court upholds This is America case dismissal and Shopify sues competitor. The post 3 Count: Shopify vs. Seed appeared first on Plagiarism Today.

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Industry Tells USPTO Biden March-In Proposal Undermines Inquiry to Improve IP Commercialization

IP Watchdog

Two days after comments closed on the U.S. Patent and Trademark Office’s (USPTO’s) Request for Comments titled “Unlocking the Full Potential of Intellectual Property by Translating More Innovation to the Marketplace,” several groups have weighed in to urge the Office not to ignore the link between this topic and the Biden Administration’s recent proposal on march-in rights under the Bayh-Dole Act.

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Protecting Your Business: Practical Tips To Keep Your Trade Secrets Secret

JD Supra Law

Everyone is talking about the new rule approved by the Federal Trade Commission on April 23 (published on May 7 and set to take effect – pending legal challenges – on September 4, 2024 ). It is referred to as the Non-Compete Clause Rule. The Non-Compete Clause Rule follows on the heels of several states effectively “outlawing” non-competition agreements.

Business 117
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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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Bitcoin’s File Format protectable in copyright: a Wright decision?

Kluwer Copyright Blog

In July 2023, the Court of Appeal in Wright & Ors v BTC Core & Ors [2023] EWCA Civ 868. overturned the High Court decision in which Mr Justice Mellor found that the Bitcoin File Format (the “BFF” ) was not a protectable work in a copyright sense as it did not satisfy the fixation requirement under s.3(2) of the Copyright Designs and Patents Act 1988 (the “ Act ”).

Copyright 111
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Disney, Books and the Copyright Claims Board

Plagiarism Today

The Copyright Claims Board has issued a final judgement in its longest-running case, favoring Disney over a smaller book publisher. The post Disney, Books and the Copyright Claims Board appeared first on Plagiarism Today.

Copyright 227
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Vidal Addresses ‘Patent Examiner’ Reddit Issue with USPTO Personnel

IP Watchdog

As we have reported recently, IPWatchdog broke news last week about a Reddit thread dedicated to purported patent examiners in which one examiner asked their peers for advice on how to approach examination of patents that have purposes they may fundamentally disagree with politically--specifically, a patent geared toward Israeli military technology.

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Unpacking Fair Use: A Legal Battle Between Sculptors and Photographers in the NFL

JD Supra Law

Earlier this year, a rare case of copyright infringement was brought against the National Football League (NFL) and the Detroit Lions over a statue of Hall of Fame player Barry Sanders. The case, filed in January in New York federal court by photographer Allen Kee, claims that the defendants violated his copyright by using his photo of Sanders in action during a 1995 game as the model for the pose in the statue.

Fair Use 115
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TTAB Orders Cancellation of "THE PLIMSOULS" Registration on Ownership and Likelihood of Confusion Grounds, Rejects Abandonment Claim

The TTABlog

In another of those battles between a rock band and one of its members, the Board again sided with the band, granting a petition for cancellation of a registration for THE PLIMSOULS for "entertainment in the nature of live performances by a musical band." The Board ruled that the band was entitled to challenge the registration, had not abandoned the mark, and had proved its claim of ownership of the mark and likelihood of confusion based on its prior use of the same mark for the same services.

Ownership 108
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5 Plagiarism-Related Questions to Discuss Over Summer

Plagiarism Today

As schools nationwide celebrate graduation season, they face some tough plagiarism-related questions over the summer. The post 5 Plagiarism-Related Questions to Discuss Over Summer appeared first on Plagiarism Today.

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Internet Archive Fails to Dismiss Record Labels’ Copyright Lawsuit

TorrentFreak

The non-profit Internet Archive (IA) aims to preserve history in a digital format for generations to come. The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. This information becomes more and more valuable as time passes by. IA’s archiving work is not limited to websites either; it also helps to permanently archive video, software, games, and music.

Copyright 106
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5 Key Takeaways - Patent Disputes: Bringing, Financing, and Fighting Big Cases

JD Supra Law

Kilpatrick partner Mitch Stockwell recently presented to clients at the Kilpatrick Intellectual Property Seminar on the topic of “Patent Disputes: Bringing, Financing, and Fighting Big Cases.” Mr. Stockwell explored both the hot topics and basic benchmarking techniques for addressing patent disputes from beginning to end. This session started with how to utilize, and avoid, the latest PAE state laws at the demand stage and discuss how to address willfulness issues along the way.

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'Confusing' Evidence Leads To New Patent Trial For Shopify

IP Law 360

A Delaware federal judge Friday granted in part Shopify Inc.'s bid for a new trial in an infringement suit over a series of patents for website generation owned by Express Mobile Inc. after Express won a $40 million jury verdict in 2022.

Patent 104
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3 Count: Luxembourg Battle

Plagiarism Today

Luxembourg appeals court sides with photographer, X case against data scraper dismissed and cryogenic tank lawsuit dismissed in India. The post 3 Count: Luxembourg Battle appeared first on Plagiarism Today.

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What's in a trademark? By any other name, would a $400 pineapple taste as sweet?

The IPKat

The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. The pineapple, characterised by its red outer skin and produced in very limited quantities in Costa Rica, is being marketed under the name Rubyglow™ and will retail for nearly $400 per fruit. [Merpel: now that’s a recipe for an expensive piña colada!

Trademark 108
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NBA Hall of Fame Player Sues Over Unauthorized Use of Image

JD Supra Law

Dominique Wilkins is an NBA Hall of Fame basketball player known for his acrobatic slam dunks and, after retirement, for his commentary during televised Hawks games. Wilkins also suffers from diabetes and has been an advocate for the treatment of the disease and its symptoms. As part of his advocacy, Wilkins entered into an endorsement agreement with Genesis Performance Group to promote PeptideVite, a supplement that helps with the side effects of diabetes medication.

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Shueisha DMCA Subpoena Targets Two Dozen Manga Piracy Sites

TorrentFreak

Any content that can be digitized is immediately vulnerable to being pirated. The speed and scale at which that happens is ultimately governed by two key factors; how easily the content can be obtained, copied, and distributed, and how popular the content is with consumers. In this respect, Japanese comics, better known as manga, effortlessly earn top marks across the board.

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3 Count: Spotless Lyrics

Plagiarism Today

Music publishers warn Spotify of infringement, Indian director removes free link to his film and Frontier to unmask suspected pirates. The post 3 Count: Spotless Lyrics appeared first on Plagiarism Today.

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Louis Vuitton successful against knock-off trade mark

The IPKat

Famous trade marks are often not only the target of product pirates but also of applicants who try to push the boundaries and find the ‘blind spot’ of trade mark law where their sign is sufficiently similar to evoke a famous trade mark but not similar enough to fall in its scope of protection. In rare cases, this strategy is successful. In this sense, one could recall that the General Court confirmed that this sign does not infringe the Volkswagen logo even though it looks rather similar when tu

Art 105
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USPTO Guidance On AI And Patents Draws Worry And Praise

IP Law 360

U.S. Patent and Trademark Office guidance on when inventions developed using artificial intelligence can be patented has generated concern from some companies and industry groups about discouraging AI adoption and putting patents at risk, while others welcomed it as a sound approach.

Patent 104
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VPN, DNS, Give Up, or Go Legal: Aussies’ Reactions to Pirate Site-Blocking in 2023

TorrentFreak

As reported yesterday, the Australian government has just released the 2023 edition of its Consumer Survey on Online Copyright Infringement. The survey found that 41% of respondents consumed at least one item of pirated content (TV, movies, music, games, or live sports) from an illegal source in 2023, up from the 39% reported in the previous year. When compared to how many citizens resorted to pirate sources in 2015, the figures for 2023 show improvement almost right across the board.

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3 Count: Artificial Hypocrisy

Plagiarism Today

Supreme Court rules for bigger damages in music cases, OpenAI is accused of copyright hypocrisy, and Warner removes LOTR fan film. The post 3 Count: Artificial Hypocrisy appeared first on Plagiarism Today.

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Workflow of the Future: SMART Standards in Action

Velocity of Content

In the most recent webinar in the Workflow of the Future series, SMART Standards in Action, we were joined by Jonathan Rushmore, Design Principal and Vice President at AECOM, to talk about integrating machine-readable standards along with other data sources into large engineering projects, with a focus on building design. He discussed the challenges and opportunities of using automation.

Designs 97
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Caltech Makes A Deal With Dell, Ending Another Patent Suit

IP Law 360

The California Institute of Technology has reached a settlement in its patent lawsuit against Dell Technologies Inc., the latest deal the school has cut in suits over its data transmission patents in the years after its $1.1 billion verdict against Apple Inc. crashed at the Federal Circuit.

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French Torrent Giant YggTorrent Goes Private

TorrentFreak

Most of the larger pirate sites serve a global audience, but many countries have their local favorites too. In France, that’s YggTorrent , Ygg for short. The torrent site is not a typical torrent indexer. Ygg sees itself as a community instead, one with a dedicated tracker, something that’s quite rare these days. The site was founded in 2017, to fill the gap left behind when T411 shut down.

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Charitable Solicitation Requirements by State - Cogency Global

Cogency Global

What this is : Charitable nonprofits frequently think they need to register to solicit donations in all 50 states. We’ve got some good news for you: Fortunately, not all states require this. What this means : The number of states that do require charitable solicitation registration varies in some circumstances, usually depending on the type of organization and sometimes you’ll find conflicting information when searching for the exact states where this is required.

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. Not that he meant to do this, mind you. He was trying to do the opposite. But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of Calif

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Amazon Owes Atty Fees Plus $525M IP Bill, Cloud Co. Says

IP Law 360

After an Illinois federal jury determined that Amazon owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, the Chicago software company asked a judge Tuesday to add $180 million in interest, while also arguing Amazon owes attorney fees for its surprise trial tactics.

IP 98
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Piracy Block Reversed For Tech Site That Reported Site-Blocking Workarounds

TorrentFreak

The Piracy Shield blocking controversy on the boil since February has shown that overblocking in Italy either doesn’t exist , is someone else’s fault, or was too brief to be considered important. To that background, news this week that Italian telecoms regulator AGCOM has nullified one of its own piracy blocking orders is somewhat unexpected.