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

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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 305
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A Post I Never Thought I Would Need to Write: Jewish Students Have the Right to Feel Safe on Campus

Michael Geist

This is a post I never thought I would need to write in 2024. I have been a law professor at the University of Ottawa for nearly 26 years and the principle that all students, regardless of race, gender, religion, or sexual orientation have the right to be safe and feel safe on campus and in classrooms has been inviolable and accepted as central to our academic mission.

Law 145
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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 130
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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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Bill S-210 Study Without Witnesses?: Why a Conservative Filibuster May Lead to New Internet Age Verification Requirements and Website Blocking Legislation

Michael Geist

When I first wrote about the arrival of Bill S-210 in the House of Commons back in December, I dubbed it the most dangerous Canadian bill you’ve never heard of and warned that “ Senate private members bills rarely become law, but this bill is suddenly on the radar screen in a big way.” Nearly six months later, the bill is closer than ever to becoming law as the Conservatives improbably appear to be doubling down on support and seeking to limit witness testimony through filibuster tactics that co

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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 129
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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 287
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Understanding How Generative AI Can Affect Your Business' Data Privacy And Ownership Is Crucial

JD Supra Law

“In assessing a generative AI product, it is critical to understand issues of data ownership and privacy. This cumbersome task is necessary to learn how the AI platform will use data, if the data shared is entering an open or closed system, and if the data is used for a large language model,” said Leonard Dietzen and Jacey Kaps, CIPP/US, Partners at RumbergerKirk.

Ownership 127
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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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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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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

Blogging 123
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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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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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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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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 119
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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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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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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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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 118
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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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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 117
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ISP Must Unmask Alleged Pirates But Rightsholders Can’t ‘Harass’ Them

TorrentFreak

In recent years, music and movie companies have filed several lawsuits against U.S. Internet providers, for failing to take action against pirating subscribers. One of the main allegations is that ISPs fail to terminate the accounts of repeat infringers in ‘appropriate circumstances’, as the DMCA requires. These lawsuits have resulted in multi-million dollar judgments against Cox and Grande.

Music 122
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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: 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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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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Telegram Reportedly “Ready to Fight Piracy” According to Govt. Official

TorrentFreak

Following a rightsholder complaint about copyright infringement taking place on Telegram, a judge in Spain issued a controversial order for ISPs to block Telegram in its entirety , across the whole country. As soon as the order was made public, nationwide and then international uproar led to the judge reconsidering whether the order really was a “necessary” and “proportional” response.

Reporting 122
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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 110
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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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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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Four-in-Ten Aussies Pirated Content in 2023, Overall Online Consumption Up 6%

TorrentFreak

The Australian government has released the 2023 edition of its Consumer Survey on Online Copyright Infringement. Commissioned by the Attorney-General’s Department, the research aims to better understand internet users’ consumption habits, across five key content types – Television, Movies/Film, Music, Video Games, and Live Sport – and track changes in behavior over time.

Music 120
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Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Technology & Marketing Law Blog

By Guest Blogger Tyler Ochoa Last week, the U.S. Supreme Court held 6-3 that assuming a copyright infringement claim is timely under the discovery rule of accrual, meaning that it was filed within three years of the date “when a plaintiff discovers or should have discovered an infringement,” there is no separate time limit on the amount of damages that a copyright owner may recover for the infringement.

Music 105
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Who Will Get to the Bottom of The Hundreds of Millions of Black Box Money at MLC?

The Trichordist

Can the Office of the Inspector General get hundreds of millions in black box money released to the rightful songwriters and publishers?

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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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Google Requests Default Judgment Against DMCA Scammers

TorrentFreak

The DMCA takedown process gives copyright holders the option to remove infringing content from the web. It’s a powerful, widely-used tool that takes millions of URLs and links offline every day. This often happens for a good reason, but some takedown efforts are questionable or even outright abusive. Google Sues DMCA Scammers Google is no stranger to DMCA abuse.

Contracts 120
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Reconceptualizing Trademark Protection in the Digital Age: A Proposal for Reform in Response to Google Ads’ Policy- Part II

SpicyIP

Continuing the discussion (see here for Part I) on the Delhi High Court and the Supreme Court’s 2023 Keywords decisions, Malak Sheth critiques the Courts’ approach, arguing that use of a trademark in digital world cannot be viewed from the same lens of assessing their use in the physical world. Malak is a third year law student from Rajiv Gandhi National University of Law, Punjab.

Trademark 101