Sat.May 13, 2023 - Fri.May 19, 2023

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The Trademark Search Result Risk-O-Meter

Erik K Pelton

Erik discusses how risk analysis works when it comes to a trademark clearance search in this episode. The post The Trademark Search Result Risk-O-Meter appeared first on Erik M Pelton & Associates, PLLC. Erik discusses how risk analysis works when it comes to a trademark clearance search in this episode.

Trademark 130
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Why Do People Publicly Plagiarize?

Plagiarism Today

Yesterday, I joined a panel of experts to discuss why people commit plagiarism in the public space and what, if anything, we can do about it. The post Why Do People Publicly Plagiarize? appeared first on Plagiarism Today.

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Paper Mills: An Old Crisis in Academia Made New

Plagiarism Today

Paper Mills are not a new threat to academic publishing, but they've stayed relevant through quick pivots and a system that rewards them. The post Paper Mills: An Old Crisis in Academia Made New appeared first on Plagiarism Today.

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Implementing Canada’s Online Streaming Act: The CRTC is Fast Out of the Gate

Hugh Stephens Blog

Just days after Canada’s controversial Online Streaming Act (aka Bill C-11) finally cleared Parliament and was proclaimed law, the CRTC (Canadian Radio-television and Telecommunication Commission), the regulatory body empowered to implement the widespread changes to the Broadcasting Act encompassed by C-11, seized the initiative.

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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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Solving Open Source Problems with AI Code Generators – Legal Issues and Solutions, Part 2

Intellectual Property Law Blog

AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise at least three types of potential legal issues: Does training AI models using open source code constitutes infringement or, even if the use is licensed, does doing so require compliance with conditions or restrictions of the open source licenses?

Licensing 240

More Trending

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How the Warhol Ruling Could Change Fair Use

Plagiarism Today

The Supreme Court has handed down its decision in the Andy Warhol case. Here's what it says and what it means for fair use moving forward. The post How the Warhol Ruling Could Change Fair Use appeared first on Plagiarism Today.

Fair Use 230
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Did US-style “Section 230” Internet Platform Immunities Sneak into Canada through CUSMA? No, They Did Not (As Google Just Learned–the Hard Way).

Hugh Stephens Blog

This question about Section 230 has been asked a number of times since Canada ratified the USMCA/CUSMA text that included Article 19.17.2, which says, in part; “no Party shall adopt or maintain measures that treat a supplier or user of an interactive computer service as an information content provider in determining liability for harms related … Continue reading "Did US-style “Section 230” Internet Platform Immunities Sneak into Canada through CUSMA?

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Solving Open Source Problems with AI Code Generators – Legal Issues and Solutions, Part 1

Intellectual Property Law Blog

AI-based code generators are a powerful application of generative AI. These tools leverage AI to assist code developers by using AI models to auto-complete or suggest code based on developer inputs or tests. These tools raise at least three types of potential legal issues: Does training AI models using open source code constitutes infringement or, even if the use is licensed, does doing so require compliance with conditions or restrictions of the open source licenses?

Licensing 237
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Landmark Warhol Decision Reins in Transformative Fair Use

Copyright Alliance

Yesterday, the Supreme Court, in a 7-2 opinion written by Justice Sonia Sotomayor, found that the purpose and character of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s photograph […] The post Landmark Warhol Decision Reins in Transformative Fair Use appeared first on Copyright Alliance.

Fair Use 144
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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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3 Count: Not Astounding

Plagiarism Today

Court denies Grande Communications a new trial, Richard Prince suffers fair use setback, and the case against GitHub moves forward. The post 3 Count: Not Astounding appeared first on Plagiarism Today.

Fair Use 200
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Special 301 Report 2023: Reflections from Public Health Perspective

SpicyIP

Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. The Special 301 Report is a unilateral measure whereby the identified countries, whose IP regimes are not in line with the trading interests of the US industries, are placed a threat of unilateral sanctions.

Reporting 136
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Michel Puts Hope in ‘Imminent’ Patent Bills Following SCOTUS Eligibility Denials

IP Watchdog

On day one of IPWatchdog’s Patent Litigation Masters program yesterday, the U.S. Supreme Court denied two patent eligibility cases that the U.S. Solicitor General had recommended granting. The denials make it fairly clear that the High Court is not interested in helping to resolve the current problems with U.S. patent eligibility law, which generally have to do with a lack of clarity, arguably fostered by many of the Court’s own precedents.

Patent 134
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Court in Richard Prince Case Affirms that “Transformative” Has Boundaries

The Illusion of More

The big battle over application of the fair use defense has been focused on the highly subjective, often confusing, doctrine of “transformativeness,” which is addressed under factor one of the four-factor test. Factor one considers the purpose of the use, including whether the purpose is commercial; and over the past decade or so, several high-profile […] The post Court in Richard Prince Case Affirms that “Transformative” Has Boundaries appeared first on The Illusion of More.

Fair Use 133
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3 Count: Bright and Brighter

Plagiarism Today

Supreme Court rules on Warhol case, judge in Luchasaurus case denies motion to dismiss, and Dark and Darker may be returning. The post 3 Count: Bright and Brighter appeared first on Plagiarism Today.

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The free evaluation of evidence of prior use (T 0042/19)

The IPKat

Can a Board of Appeal overturn a finding of fact at first instance? Boards of Appeal case law on this question currently conflicts ( IPKat ). The question comes down to how much the principle of the free evaluation of evidence restricts the competency of the Boards to overturn findings of fact. The recent decision in T 0042/19 found merit on both sides of the argument, but concluded that the power of Boards of Appeal to overturn a finding of fact by a first instance department was generally curt

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Artists Tell House IP Subcommittee in AI Hearing: It’s Not ‘Data’ and ‘Content’ to Us; It’s Our Livelihood

IP Watchdog

The House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet today held the first of several planned hearings about the impact of artificial intelligence (AI) on intellectual property, focusing in this initial hearing on copyright law. The witnesses included three artists, a professor, and an attorney with varying perspectives on the matter, although the artists all expressed similar concerns about the potentially dire effects of generative AI (GAI) applications o

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One YouTube-Ripping Site Will Get 4 Billion Visits in 2023; Time to Blame

TorrentFreak

According to the International Federation of the Phonographic Industry (IFPI), the availability of unlicensed music “remains an issue for the whole music ecosystem.” In its 2022 ‘Engaging With Music’ report, IFPI estimates that almost a third of people say they have used illegal or unlicensed methods to download and listen to music.

Music 130
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3 Count: The Megadeth of The Little Mermaid

Plagiarism Today

Ed Sheeran wins a second case over Thinking Out Loud, newspaper didn't infringe Little Mermaid statue, and Megadeth settles with designer. The post 3 Count: The Megadeth of The Little Mermaid appeared first on Plagiarism Today.

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Ready, Fire, Aim: Eleven Thoughts on the CRTC’s Bill C-11 Consultations

Michael Geist

The CRTC last week released the first three of at least nine planned consultations on the implementation of Bill C-11 (I was out of the country teaching an intensive course so playing catch-up right now). The consultations focus on the broad structure of the regulatory framework , registration requirements , and transitions from the current system of exemptions to one of regulations.

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More DOE Bureaucracy Equals Less Innovation

IP Watchdog

You have to give them credit. The Department of Energy (DOE) bureaucracy doesn’t give up. For more than 40 years, they’ve been resisting the Bayh-Dole Act’s mandate cutting Washington out of micro-managing the commercialization of federally funded inventions. And under the guise of increasing domestic manufacturing, they’re well on their way to reasserting control.

Invention 130
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Copyright Alliance Backs RIAA in Key YouTube Ripper Lawsuit

TorrentFreak

Most artists and music labels share their music with the public on YouTube, free of charge. The popular video platform has become an important promotional channel that brings in billions of dollars of advertising revenue every year. The success story has a downside, however. Millions of people use so-called stream-ripping websites to download music tracks from YouTube, without permission.

Copyright 127
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Ghostwriter in the Machine: Copyright Implications for AI-Generated Imitations

IP Tech Blog

A track called “ Heart on My Sleeve ” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. The pantomimed artist was Drake, no stranger to thirsty pining, backed by R&B artist The Weeknd. The song, however, was credited to Ghostwriter977, the alias of an anonymous TikToker, and neither Drake nor The Weeknd participated in the track’s creation.

Copyright 125
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Supreme Court Affirms Federal Circuit’s Decision in Amgen v. Sanofi

JD Supra Law

This morning, the US Supreme Court issued its opinion in Amgen v. Sanofi, a closely watched case concerning patent law’s enablement requirement. Under that requirement, codified at 35 U.S.C. § 112(a), a patent specification must enable a person skilled in the relevant art “to make and use” the invention. In a unanimous decision, the Court affirmed the Federal Circuit’s ruling that the Amgen patent claims at issue are not enabled.

Invention 123
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AI Inventorship: Will Our Patent Laws Stand Up? My Conversation with Dr. Stephen Thaler

IP Watchdog

The issue of AI inventorship in the United States remains at large following the Supreme Court’s denial of cert in Thaler v. Vidal, meaning that the U.S. Patent and Trademark Office (USPTO) finding that AI cannot be considered a named inventor to a patent application remains the law of the land. Now that the agency is seeking public comments on the issue of AI inventorship, I reached out to Dr.

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Major YouTube Copyright Lawsuit Nears Trial With Almost Everything On the Line

TorrentFreak

The use of lawsuits to solve complex commercial disputes suggests that no amount of talking will ever produce the desired results. For musician Maria Schneider, whose class action lawsuit against YouTube will head to a jury trial next month, the status quo and its alleged facilitator have been a constant topic of discussion for well over a decade. What Do Whore Houses, Meth Labs, and YouTube Have in Common?

Copyright 126
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Should AI be attributed as an author of AI-generated works?

Kluwer Copyright Blog

Image by Gerd Altmann from Pixabay Recently, the German photographer Boris Eldagsen won a prestigious Sony World Photography Awards competition. After the winner was announced, the photographer disclosed that the image he submitted to the photography competition was generated through the use of an AI system and refused to accept the award. This has provoked a public discussion on whether AI should be attributed or mentioned when a work is generated by AI or using AI.

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Shaping the Future of Patent Law: The Amgen v. Sanofi Decision and Bite-Sized Monopolies

Patently-O

by Dennis Crouch “The more one claims, the more one must enable.” In a unanimous opinion delivered by Justice Gorsuch, the Supreme Court has affirmed the Federal Circuit’s decision invalidating Amgen’s functionally claimed genus of monoclonal antibodies. The Court held that Amgen’s patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies.

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Dissent Says SCOTUS Ruling Against Warhol Foundation on Fair Use Will ‘Stifle Creativity’

IP Watchdog

The Supreme Court ruled today in Andy Warhol Foundation v. Goldsmith, Lynn, et. al. that the U.S. Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. Justices Gorsuch and Jackson authored a concurrence, while Justice Kagan, joined by Chief Justice Roberts, filed a 35-page dissent from Justice Sotoma

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Manga Publisher Wants Cloudflare to Expose Operators of Popular ‘Piracy’ Sites

TorrentFreak

Japanese manga comics have always been popular on pirate sites but, where other categories have seen stalled growth, manga piracy boomed. This unauthorized activity has not gone unnoticed by publishers, who’ve made it clear that piracy will not be tolerated, wherever it takes place in the world. Japan’s largest publisher Shueisha finds itself at the frontline of this battle.