Sat.Apr 27, 2024 - Fri.May 03, 2024

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Why Plagiarizing Iron Maiden is a Really Bad Idea

Plagiarism Today

Rapper OsamaSon is facing a potential lawsuit after his album cover was too close to some famous Iron Maiden art. The post Why Plagiarizing Iron Maiden is a Really Bad Idea appeared first on Plagiarism Today.

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Plan Ahead

Erik K Pelton

Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand. The post Plan Ahead appeared first on Erik M Pelton & Associates, PLLC. Inspired by a clever license plate, Erik shares tips on the benefits of planning ahead when it comes to protecting your brand.

Branding 261
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Nintendo DMCA Notice Wipes Out 8,535 Yuzu Repos, Mig Switch Also Targeted

TorrentFreak

Over the last quarter-century the piracy landscape has regularly received major blows from which many believed it could never recover. While in most cases the doomsday scenario never materialized, not all niches are created equally. Those that require a very specific set of skills usually face more complex challenges. When Nintendo sued the company and ultimately the developers of the Yuzu emulator in February, that was a significant event.

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FTC Issues Final Rule Banning Non-Compete Agreements

JD Supra Law

On April 23, 2024, the Federal Trade Commission voted in favor of issuing a Final Rule banning non-compete agreements, declaring them an unfair method of competition. The Final Rule will go into effect 120 days after being published in the Federal Register, though there will certainly be legal challenges to it.

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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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How the Copyright Claims Board Deals with Bad Faith Filers

Plagiarism Today

The Copyright Claims Board has to strike a delicate balance between allowing for mistakes and preventing abuse. Here's how it does it. The post How the Copyright Claims Board Deals with Bad Faith Filers appeared first on Plagiarism Today.

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The EU imperative to a free public domain: The case of Italian cultural heritage

Kluwer Copyright Blog

Image via Staatliche Museen, Berlin, Gemäldegalerie / Christoph Schmidt Public Domain Mark 1.0 For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. The human right to cultural participation has become a pillar of protecting and empowering individuals and communities.

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Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

JD Supra Law

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers and their workers. The Noncompete Rule is scheduled for publication in the Federal Register on May 7, 2024, giving the rule an Effective Date of September 4, 2024, pending any efforts to block the rule.

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3 Count: Unmodding Nintendo

Plagiarism Today

Garry's Mod removes Nintendo assets after copyright notice, ad agency sues Jindal Steels Brazil cracks down on anime piracy. The post 3 Count: Unmodding Nintendo appeared first on Plagiarism Today.

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Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Patently-O

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. The core task of patent examination is identifying quality prior art. References must be sufficiently accessible, clear, and enabling to serve as legitimate evidence of what was previously known.

Art 111
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Pirate IPTV Owner’s Conviction First Ever Under Protecting Lawful Streaming Act

TorrentFreak

Copyright law crafted decades ago to prevent infringement in an analog world has in many cases held up remarkably well in the digital age. Copying or reproduction remains relevant, as does the concept of distribution. In the United States, the existence of a loophole in copyright law had been an open secret for some time. One way or another, file-hosting and BitTorrent sites could be linked to the unlicensed reproduction and distribution of copyright works, both of which carry felony charges.

Law 121
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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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Can Machines Invent Drugs: Patent Law Seeks to Prioritize Human Innovation as Artificial Intelligence Inventions Rise

JD Supra Law

In the 1950’s, Alan Turing famously asked, “Can machines think?” Decades later, artificial intelligence—a term coined after Turing’s death—has become a facet of our everyday lives. Artificial Intelligence (AI) can be used to improve efficiency, predict outcomes with a high degree of accuracy, and even create new data and solutions. At the same time, AI and its capabilities are evolving more quickly than the laws and regulations governing its use.

Invention 119
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3 Count: One More AI Lawsuit…

Plagiarism Today

Google sued by artists over image generation AI, OpenAI inks deal with the Financial Times and Fearless Girl creator settles case with bank. The post 3 Count: One More AI Lawsuit… appeared first on Plagiarism Today.

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GSK Says Pfizer Infringed Five Patents Relating to Comirnaty COVID Vaccine

IP Watchdog

GlaxoSmithKline filed a four-count civil action for patent infringement in the United States District Court for the District of Delaware late last week seeking damages for Pfizer and BioNTech’s infringing manufacture, use, sale and marketing of both the original “monovalent” and “bivalent” Comirnaty COVID-19 vaccines. The COVID-19 vaccine was quickly rolled out compared to other vaccines in the past and many pharmaceutical companies benefited financially.

Patent 111
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Pirate Site Blocking Agency Reveals How and Why Pirates Circumvent Blocking

TorrentFreak

This year, major rightsholders are hoping that data from similar programs overseas will persuade Congress that site-blocking is a measured and reasonable response to surging worldwide piracy rates. The usual entrenched positions on whether site blocking is, or indeed is not, a type of censorship in conflict with free speech, will be heard once again.

Reporting 117
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Cannabis Rescheduling and What It Means for Trademark Owners

JD Supra Law

What was hinted at in the fall of 2023 appears to be heading towards reality as reports circulate that the U.S. Drug Enforcement Administration (DEA) has agreed to reschedule marijuana—or cannabis, as most in the industry prefer—from Schedule I to Schedule III status under the Controlled Substances Act (CSA).

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Escape from Tarkov’s Developers Make a Dumb Plagiarism Allegation

Plagiarism Today

Battlestate Games, the makers of Escape from Tarkov, accuse a competitor of plagiarism in a very unwise move. The post Escape from Tarkov’s Developers Make a Dumb Plagiarism Allegation appeared first on Plagiarism Today.

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Problem Statement Precision: A Key Factor in TSM-Based Non-Obviousness Determination?

SpicyIP

Discussing the Delhi High Court’s Microsoft Technology Licensing v. Asst. Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Kevin is a second-year law student at NLSIU Bangalore and wrote this post while interning with us. His passion lies in understanding the intersection of economics and public health with intellectual property rights.

Invention 111
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Google Removes Pirate IPTV Services From UK Search Results

TorrentFreak

The United Kingdom is no stranger to website blocking. The High Court granted permission for a blockade against Newzbin2 in 2011 ; The Pirate Bay and numerous other targets were blocked soon after. A rough inventory carried out by TorrentFreak recently revealed that blocked domains, including subdomains, now exceed 10,000 separate targets. That’s a conservative estimate.

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USPTO Announces Request for Comments: AI's Impact on Prior Art and the PHOSITA

JD Supra Law

The USPTO is seeking public input on whether prior art must be authored by humans and how, if at all, AI-generated disclosures should be treated differently from non-AI generated disclosures.

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3 Count: Spotify Robots

Plagiarism Today

Lawsuit over Tiger King music is dismissed, Protecting Lawful Streaming Act sees its first conviction and band outs Spotify copycats. The post 3 Count: Spotify Robots appeared first on Plagiarism Today.

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Tips for Using AI Tools After the USPTO’s Recent Guidance for Practitioners

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) recently released new guidance for practitioners using artificial intelligence (AI)-based tools. The guidance primarily serves as a reminder of longstanding requirements and best practices for patent and trademark practitioners. For example, patent practitioners have a duty of candor and good faith to the USPTO and a duty of confidentiality to their clients.

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Anti-Piracy Veteran Tim Kuik Retires After Leading BREIN for a Quarter Century

TorrentFreak

In the summer of 2009, hackers from all over the world gathered at an outdoor conference near Vierhouten in the Netherlands. The event was mostly a meetup of like-minded geeks, but one person stood out a mile; Tim Kuik, director of anti-piracy group BREIN. Kuik joined a panel discussion where he calmly explained why his organization helped rightsholders to shut down pirate sites.

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On the Internet, “Partners” Don’t Hear You Scream: Spotify CEO Makes a $350M “Bundle” While Sticking Songwriters with an ESG “Bundle” of Crap

The Trichordist

Spotify CEO Daniel Ek makes a $350 million bundle off of selling Spotify stock at the same time he extracts profits by reducing songwriter royalties.

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3 Count: Privacy vs. Piracy

Plagiarism Today

More newspapers sue Microsoft and OpenAI, CJEU rules Hadopi is legal and Netflix wins dismissal of King of Collectibles lawsuit. The post 3 Count: Privacy vs. Piracy appeared first on Plagiarism Today.

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My chat with Verizon

Likelihood of Confusion

We don’t have TV here. But let’s say I’m willing to spring for a few bucks because someone is at my house who would like to watch the Yankees – Red Sox game on the Internet. Which is, after all, like a TV, right? So, great. I have FiOS Internet and phone from Verizon. They […] The post My chat with Verizon appeared first on LIKELIHOOD OF CONFUSION™.

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Court Keeps DMCA Subpoena Shortcut Closed, Restricts Piracy Settlements

TorrentFreak

Tracking BitTorrent pirates isn’t all that hard since IP addresses are openly broadcasted. With help from Internet providers, these addresses can then be linked to account holders. ISPs don’t hand over this data voluntarily; they typically require a subpoena or court order before taking action. In the United States, subpoenas are typically obtained by filing a copyright complaint in federal court against a “John Doe” who’s known only by an IP address.

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Copyrightability of AI-Generated Works

Copyright Alliance

Where and how should we draw the line between protectable and non-protectable AI-generated works? There is little doubt that most of the focus relating to the impact of artificial intelligence […] The post Copyrightability of AI-Generated Works appeared first on Copyright Alliance.

Copyright 109
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Columbia Unviersity President Targeted with Plagiarism Allegations

Plagiarism Today

Nemat “Minouche” Shafik, the President of Columbia University, is facing allegations of plagiarism. Here's why her case is different. The post Columbia Unviersity President Targeted with Plagiarism Allegations appeared first on Plagiarism Today.

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Copyright Fair Use for Education

IP and Legal Filings

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner. Understanding legal and fair use is especially important in academic settings because dissemination of information often requires the use of evidence.

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Newspapers Sue OpenAI for Copyright Infringement and ‘Fake News’ Hallucinations

TorrentFreak

Starting last year, various rightsholders have filed lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors , visual artists, a chip maker , and news publications. These rightsholders all object to the presumed use of their work without proper compensation. Keeping pace with the constant stream of legal paperwork is a challenge, but a complaint filed at a New York federal court yesterday deserves to be highlighted.

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11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit

IP Law 360

The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.

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Infographic | Shakespeare and Intellectual Property

Olartemoure Blog

In the Elizabethan time, plagiarism in theater and in literature wasn’t viewed as it is today. Authors like Shakespeare freely drew inspiration from various sources. A clear example can be seen in “Romeo and Juliet,” where Shakespeare took a lot from Arthur Brooke’s poem, “The Tragical History of Romeus and Juliet,” published in 1562 , but enriched the story and characters.

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Status of Professional Athletes under Indian Labour Laws

IP and Legal Filings

Status of Sportspersons in India The sports in India have gained significant popularity in recent years, with several athletes making their mark in national and international competitions; however the status of sportspersons in India in light of Labour laws has not received much attention and thus their salaries are not governed by the Labour law, but by a complex set of regulations.

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When Are Nonprofits Exempt From Sales Tax? Sales and Use Tax Exemption – Cogency Global

Cogency Global

What this is : Most nonprofits are exempt from federal and state income tax, and they are also frequently exempt from real property tax. But the one tax exemption that even nonprofits sometimes find elusive is sales tax. What this means : Considering the varying state processes for obtaining sales tax exemption along with specific charitable use requirements, it can be challenging to determine where, when and how a nonprofit organization qualifies for a sales tax exemption.

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PTAB Rejects Masimo's Concurrent Bid To Review Apple Patent

IP Law 360

A board of administrative patent judges has declined one of the petitions challenging claims in an Apple patent involved in some of its disputes with medical technology startups Masimo and AliveCor, citing the board's skeptical view of "multiple, staggered petitions.

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