Sat.Feb 24, 2024 - Fri.Mar 01, 2024

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What Does Fair Use and Fair Dealing Mean in an Age of Artificial Intelligence (AI)

Hugh Stephens Blog

Image: Shutterstock For those of you who may have missed it, this is “Fair Use and Fair Dealing” week, sponsored once again this year by the Association of Research Libraries in the US and the Canadian Association of Research Libraries in Canada.

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Columbia University DEI Head Accused of Plagiarism

Plagiarism Today

Another DEI head is facing allegations of plagiarism. This one targets Alade McKen, the head of DEI for Columbia University. The post Columbia University DEI Head Accused of Plagiarism appeared first on Plagiarism Today.

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Federal Circuit Weighs in on Temporal Rigidity of the Baye-Dole Act’s Licensing Provisions

Intellectual Property Law Blog

In University of South Florida Board of Trustees v. United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. Specifically, where a recipient of federal funds subcontracts out work to be performed using those federal funds and the subcontractor reduces an invention to practice, the Government’s license rights can be triggered by that reduction to pr

Licensing 130
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25 Ways to Avoid Trademark Scams

Erik K Pelton

Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com. The post 25 Ways to Avoid Trademark Scams appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. For more information on how to identify and avoid scams, visit www.isthisatrademarkscam.com.

Trademark 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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My First Take on the Online Harms Act: Worst of 2021 Plan Now Gone But Digital Safety Commission Regulatory Power a Huge Concern

Michael Geist

After years of delay, the government tabled Bill C-63, the Online Harms Act , earlier today. The bill is really three-in-one: the Online Harms Act that creates new duties for Internet companies and a sprawling new enforcement system, changes to the Criminal Code and Canada Human Rights Act that meet longstanding requests from groups to increase penalties and enforcement against hate but which will raise expression concerns and a flood of complaints, and expansion of mandatory reporting of child

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The Copyright Battle Over a Tarot Card Deck

Plagiarism Today

A case before the Copyright Claims Board tests the boundaries of public domain and artistic creativity when it comes to tarot cards. The post The Copyright Battle Over a Tarot Card Deck appeared first on Plagiarism Today.

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Making a Proper Determination of Obviousness

Patently-O

by Dennis Crouch Earlier this week, the USPTO published updated examination guidelines regarding obviousness determinations under 35 U.S.C. §103. While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. v.

Art 122
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Why the Criminal Code and Human Rights Act Provisions Should Be Removed from the Online Harms Act

Michael Geist

Having a spent virtually the entire day yesterday talking with media and colleagues about Bill C-63, one thing has become increasingly clear: the Criminal Code and Human Rights Act provisions found in the Online Harms Act should be removed. In my initial post on the bill , I identified the provisions as one of three red flags, warning that they “ feature penalties that go as high as life in prison and open the door to a tidal wave of hate speech related complaints.

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Why Using AI for Research Papers is a Bad Idea

Plagiarism Today

A recent study from Indiana University highlights why using AI in academic publishing is a very, very bad idea. The post Why Using AI for Research Papers is a Bad Idea appeared first on Plagiarism Today.

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OpenAI: ‘The New York Times Paid Someone to Hack Us’

TorrentFreak

In recent months, rightsholders of all ilks have filed lawsuits against companies that develop AI models. The list includes record labels, individual authors, visual artists, and more recently the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. A few hours ago, OpenAI and Microsoft responded to the New York Times complaint, asking the federal court to dismiss several key claims.

Fair Use 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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A Picture Is Worth a Thousand Words (and Potentially Thousands of Dollars in Statutory Damages)

JD Supra Law

In the time it took you to read this far, a new website was built (per Siteefy, a new site goes live every three seconds). More than 70% of all businesses have a website, and there are more than 600 million blogs on the internet. And every day, someone mindlessly adds a seemingly non-descript photo that they found on the internet to spruce up a post or page.

Blogging 115
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And Again, Abstract Ideas are Not Patentable!

The IP Law Blog

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. In In re Elbaum (Fed. Cir. 12/20/2023) 2023 U.S. App. LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea.

Patent 111
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3 Count: Hiss, Pop and Crackle

Plagiarism Today

Music companies hit back at Internet Archive, piracy group members arrested in Canada and Michigan bar settles with ASCAP. The post 3 Count: Hiss, Pop and Crackle appeared first on Plagiarism Today.

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Russia’s ‘VPN Ban’ is Live as Authorities Warn of Bad VPNs & U.S. Spying

TorrentFreak

In countries where internet access faces restrictions, from general government censorship through to more limited site-blocking programs to protect copyright, citizens have grown comfortable with the use of VPNs. In Russia, where the government censors certain material and has an anti-piracy site-blocking regime on top, around 20% of the internet population regularly use VPNs.

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Guest Post: Sony fails in strike out claim against Hendrix bandmates

The IPKat

This guest post is provided by Monica Thornell and Jonathan Coote of Bray & Krais: “There's too much confusion, I can't get no relief” – Sony fails in strike out claim against Hendrix bandmates at English High Court “Soon enough time will tell…” A claim regarding the copyright and performers’ rights in iconic recordings made by The Jimi Hendrix Experience (“JHE”) is going to trial after the English High Court dismissed an application for strike out/summary judgment at the end of January.

Copyright 109
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Announcing the SpicyIP Inaugural Doctoral Fellow!

SpicyIP

Malobika Sen Our readers would have noticed that since November 2023, we have been publishing hard hitting, incisive posts by our fantastic two new SpicyIP Fellows Yogesh Byadwal and Tejaswini Kaushal. Yogesh is a second year student from the National Law School of India University, Bengaluru and Tejaswini is a third year student from Dr. Ram Manohar Lohiya National Law University, Lucknow.

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The Bizarre IP History of Clue/Cluedo

Plagiarism Today

Clue/Cluedo is a timeless game that is nearly 75 years old. However, the IP history behind it is a sad but familiar tale of a creator missing out. The post The Bizarre IP History of Clue/Cluedo appeared first on Plagiarism Today.

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YouTube Content ID Copyright Claims Increased 25% in a Year

TorrentFreak

To protect copyright holders, YouTube regularly removes, disables, or demonetizes videos that contain allegedly infringing content. For years, little was known about the scope of these copyright claims, but that changed two years ago when the streaming platform published its first-ever transparency report. These reports, which were initially published as pdf files, showed that roughly 99% of all copyright claims on YouTube are handled through the Content ID system.

Copyright 108
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An Update on AI and Patent Practice at the USPTO and Abroad

JD Supra Law

Over the last several months, the United States Patent and Trademark Office (“USPTO”) publicized its attention to the impact of artificial intelligence on U.S. patent practice. On February 6, 2024, the USPTO issued its guidance document (“Board Memo,” available here) related to the potential use of AI in legal proceedings before the Patent Trial and Appeal Board and the Trademark Trial and Appeal Board (collectively, “the Board”).

Patent 108
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Infographic | IP on wheels

Olartemoure Blog

There is no accurate knowledge on when the first wheelchair was created, but some stone inscriptions from Ancient China and Greece suggest wheelchair-type furniture, and it is known that an inventor created for King Philip of Spain around 1595 a chair with four small wheels so he could be pushed around by his servants as he suffered from severe gout.

IP 105
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3 Count: Piling On

Plagiarism Today

More news organizations sue OpenAI, Donna Summer estate sues Ye and advertisers create new system to block pirate sites. The post 3 Count: Piling On appeared first on Plagiarism Today.

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Brazilian Lawmaker Introduces Bill to Allow AI as Inventor

IP Watchdog

On February 20, 2024, a Brazilian congress member, Antônio Luiz Rodrigues Mano Júnior (known as Júnior Mano), introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems. Bill #303/2024 proposes the addition of a paragraph to Article 6 of the IP Statute, which regulates ownership of inventions, with the following wording: “in the case of inventions autonomously generated by artificial intelligence system

Inventor 105
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IP Strategy Co. Seeks Sanctions For Suit Over Patent Deal

IP Law 360

Intellectual property strategy and transactions company Transpacific IP has asked the Delaware Chancery Court to sanction Slingshot Technologies LLC more than $400,000 for making "fabricated allegations" in a failed lawsuit over Transpacific's sale of Orange SA network patents.

IP 105
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Nintendo’s Yuzu Lawsuit Aims to Pour Banana Peels Over All Emulators

TorrentFreak

It’s not uncommon for people to wander into some corner of the overall emulation scene with a specific question: Are emulators legal? While not necessarily true, the most common answer is: yes, emulators are completely legal but distributing the games (ROMs) is most definitely not, so don’t request them here. In response to questions from those interested in the DIY approach, gamers are often advised to rip only the games they actually own, or only download games they intend to rip,

Copying 101
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3 Count: Underpaid Royalties

Plagiarism Today

Composers and publishers owed nearly $400 million, Japanese publishers to sue Cloudflare and Sony settles copyright termination case. The post 3 Count: Underpaid Royalties appeared first on Plagiarism Today.

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“El TORO LOCO”: when a Monster truck show amounts to both trade mark and copyright infringement

The IPKat

It is always interesting to see how the protection afforded by the various intellectual property rights fits together. Copyright and design rights are often invoked in parallel, particularly in relation to works of applied art [ e.g. IPKat here ]. This time, this Kat has found a recent decision issued by the Tribunal Judiciaire of Paris in a dispute concerning both copyright and trade mark infringement.

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USPTO Wants To Make Patent Amendment Pilot Official

IP Law 360

The U.S. Patent and Trademark Office plans to formalize its pilot program assisting patent owners in amending challenged claims, according to a Federal Register notice on Friday.

Patent 98
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ISPs Request Records to Show How Piracy Fight Blocked Legitimate Sites

TorrentFreak

When attempting to block pirated content online, there is always a significant risk that legitimate content will be blocked too. Proponents of a tough new law in Italy that granted significant powers to rapidly block sites, waved away such concerns last year. However, after less than a month in full operation, the Piracy Shield system made its biggest blunder thus far last Saturday.

IP 100
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3 Count: AI Hacker

Plagiarism Today

OpenAI accuses New York Times of hacking, Amazon dues over Road House remake and Nintendo sues makers of Yuzu emulator. The post 3 Count: AI Hacker appeared first on Plagiarism Today.

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Transamerica v. Moniker Online: When domain registrars go bad

Likelihood of Confusion

[stextbox id=”info”] This is a summary and analysis of the decision in Transamerica Corp. v. Moniker Online Services, 672 F.Supp.2d 1353 (S.D. Fla. 2009), which stands for the proposition that, yes, a domain name registrar can be liable for contributory trademark infringement arising from the directly infringing acts of its clients. The decision is over […] The post Transamerica v.

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How Firms Can Ensure Associate Gender Parity Lasts

IP Law 360

Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

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Pirate Sites With Malicious Ads Face Restrictions Under New Initiative

TorrentFreak

There was a time when visiting a pirate site was much like visiting any other. Keen to attract eyeballs wherever they might be, many of the world’s biggest brands exchanged cold hard cash for an appearance on prominent pirate portals. Over time and as the thorny issue of funding illicit platforms gained traction, companies including Ford, Toyota, Nissan, Mazda and Volvo came under increasing pressure.

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It’s Fair Use Week again, but the party’s over.

The Illusion of More

Thus ends the 12th Annual Fair Use Week, and after the Warhol decision, it must be asked whether the parties who invented this holy week of the copyleft intend to continue the farce much longer. As a refresher, the fair use doctrine has been part of the U.S. Copyright Act since 1976 and a subject […] The post It’s Fair Use Week again, but the party’s over. appeared first on The Illusion of More.

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Explicitly yours

Likelihood of Confusion

Tomorrow I will be on a panel called “Warning, the Following Material May Be Explicit: Addressing the Efficacy of §2(a) of the Lanham Act” as part of American University Law Review’s annual Federal Circuit Symposium. It’s being held at Arent Fox, whose web page promoting the event says: The American University Law Review’s Volume 63 Federal Circuit Symposium […] The post Explicitly yours appeared first on LIKELIHOOD OF CONFUSION™.

Law 98
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Cheering In The NFL Makes Me A Better Lawyer

IP Law 360

Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

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