Sat.Aug 07, 2021 - Fri.Aug 13, 2021

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3 Count: Grand Theft Copyright

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Apple Drops iPhone Copyright Lawsuit Against Cyber Startup Corellium. First off today, Thomas Brewster at Forbes reports that Apple has settled a lawsuit with the cybersecurity company Corellium, putting an end to their two-year-long battle. The story began in 2018 when Correllium announced that it was going to allow researchers to create virtual iPhones on their computers as a way to test for security vulnerabili

Copyright 261
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Singapore’s Copyright Act Revisions: A Step in the Right Direction, But….

Hugh Stephens Blog

Singapore’s long awaited and long debated revisions to its copyright law were tabled in Parliament at the beginning of July with a view to enactment by the end of summer. This follows a two-month public consultation by the Law Ministry and Intellectual Property Office. The revisions have been in the works for some time, beginning … Continue reading "Singapore’s Copyright Act Revisions: A Step in the Right Direction, But….

Copyright 246
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A brand’s R.O.T.I. – Return on Trademark Investment – far outweighs the costs of trademark protection

Erik K Pelton

Trademark protection isn’t free. But it isn’t terribly expensive. And most important, the Return on Trademark Investment – R.O.T.I. – far outweighs the costs. The returns from investing in trademark registration include. Use of the ®. Increased protection online with social media, domain names, and Amazon. Appearing in the USPTO database 24/7.

Trademark 147
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Artificial Intelligence as the Inventor of Life Sciences Patents?

JD Supra Law

The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and growing. For example, AI is currently used to predict biological targets of prospective drug molecules.

Inventor 145
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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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Erotic Romance Author Accused of Plagiarism from Fan Fiction

Plagiarism Today

Last week, Twitter user @KokomRoily began to feel a creeping sense of déjà vu as they were reading a novel by prolific erotic romance author Romilly King. According to KokomRoily, the book felt familiar after reading the first chapter and, by the second they, “felt sure I could tell what was going to happen next.” The reason was that, the book in question, Paid to Kneel , was plagiarized from an earlier work by a user named Blue_King that was posted on a Supernatural fan fiction foru

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Court Orders RomUniverse to Destroy Pirated Nintendo Games and Stay Offline

TorrentFreak

Two years ago, gaming giant Nintendo filed a lawsuit against the game download portal RomUniverse. The website facilitated massive online copyright infringement of many popular Nintendo titles, according to the complaint filed at a California district court. RomUniverse’s Pro Se Defense. The site’s operator, Los Angeles resident Matthew Storman, disagreed with these allegations.

Copying 145

More Trending

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Government Must Reform the ITC to Keep Pace with Innovation and Curb Trolls

IP Watchdog

In 2001, six years before the iPhone appeared, a futurist named Ray Kurzweil wrote that humankind would cram 20,000 years of technological progress into the century that had just begun. There were skeptics, but today any of the world’s six billion smartphone subscribers can read his essay on their devices practically any time, any place they choose.

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3 Count: Phanatic Decision

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Phillies Should be Allowed to Use Modified Phanatic, Federal Judge in Copyright Dispute Says. First off today, Robert Moran at The Philadelphia Inquirer reports that a federal judge has recommended that the Philadelphia Phillies be allowed to continue to use their modified version of the famous Phillie Phanatic mascot even though the changes were relatively minor.

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Netflix Intensifies ‘VPN’ Ban and Targets Residential IP-addresses Too

TorrentFreak

Six years ago, Netflix started blocking customers who tried to access its service over a commercial VPN or proxy service. These changes came after copyright holders repeatedly complained that ‘pirates’ were bypassing Netflix’s geographical restrictions. The VPN ban caused a lot of frustration for legitimate VPN users, many of whom had no intention of breaking any rules.

IP 145
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Emoji Version Variations Help Identify Fabricated Evidence–Rossbach v. Montefiore Medical

Technology & Marketing Law Blog

Rossbach worked at Montefiore Medical Center. She claims her supervisor sexually harassed her and then the center retaliated against her. This screenshot is the evidentiary centerpiece of her claim: The last line is the court’s: “This image is a fabrication.” A line no litigant ever wants to see in a court opinion discussing their evidence.

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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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Bankrupting Big Pharma Isn’t a Solution

IP Watchdog

Believe it or not, a recent op-ed in the Washington Post written by Robin Feldman took the position that pharmaceutical companies should charge prices for their drugs that would surely guarantee that they go bankrupt. An absurd position even for a law professor who is ideologically predisposed to an irrational hatred of patents, but precisely the position Feldman articulated.

Business 144
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3 Count: Ancestry Battle

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Court Dismisses Yout.com DMCA Circumvention Lawsuit Against RIAA, For Now. First off today, Andy Maxwell at Torrentfreak writes that Yout.com has had its lawsuit against the RIAA tossed, though the court is leaving room for it to be refiled with additional information.

Licensing 246
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The Pirate Bay Switches to a Brand New V3 Onion Domain

TorrentFreak

When The Pirate Bay first came online during the summer of 2003, its main point of access was thepiratebay.org. Since then the site has burnt through more than a dozen domains, trying to evade seizures or other legal threats. The torrent site eventually returned to the.org domain which remains the official home today. While there are hundreds of Pirate Bay proxies online, none of these are operated by the TPB-team.

Branding 145
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Judge Rakoff: Embedding Social Media Content is a “Display” Under the Copyright Act

Technology & Marketing Law Blog

Paul Nicklen is a highly acclaimed nature photographer. He posted a video of an emaciated polar bear wandering the Canadian Arctic to his Facebook and Instagram accounts to sound the alarm on climate change. Nicklen “urged his social media followers to consider the ‘haunting’ and ‘soul-crushing scene’ and to take steps to mitigate the harms of climate change.

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Indigenizing the Intellectual Property System

IP Watchdog

On August 9, we once again observe the International Day of the World's Indigenous Peoples. Traditionally, international organizations take advantage of this time to promote the contributions of indigenous peoples across the globe. However, the day also presents an opportunity for States and international organizations to reflect on collective efforts to protect and preserve the culture and heritage of our indigenous communities.

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3 Count: Charter Sued Part Deux

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Major Record Labels Sue Charter Communications Again for Alleged Copyright Infringement. First off today, Kim Lyons at The Verge reports that the major record labels have joined forced to file a second lawsuit against Charter Communications over allegations that the internet service provider is not doing enough to deter piracy on its network.

Licensing 246
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Anti-Piracy Firm Asks Google to Block 127.0.0.1

TorrentFreak

While search engines are extremely helpful for the average Internet user, copyright holders also see a massive downside. The fact that “infringing sites” show up in search results has become a source of frustration. As a result, Google and other search engines are facing a steady stream of DMCA takedown notices. Google alone has processed more than five billion takedown requests and millions of new URLs are reported every week.

Reporting 145
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Ensuring Access to TB drugs: Is Compulsory License the Way?

SpicyIP

This Post has been co-authored by Rahul Bajaj and Praharsh Gour. Rahul is presently working as a Senior Resident Fellow, Partnerships at Vidhi. Before his stint with Vidhi, Rahul has worked as a law clerk for Justice D. Y Chandrachud (2020-21) and is a Rhodes Scholar (2018). He has also blogged for us in the past and was the SpicyIP Fellow for 2016.

Licensing 134
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Humanizing Technology: Back to Basics on DABUS and AI as Inventors

IP Watchdog

With South Africa’s patent office having recently granted the first patent to an AI inventor, and an Australian court ruling in favor of AI inventorship, it’s time to review how we got here—and where we’re going. The number of artificial intelligence (AI) patent applications received annually by the United States Patent and Trademark Office (USPTO) grew from 30,000 in 2002 to more than 60,000 in 2018.

Inventor 142
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WIPO and the International Day of the World’s Indigenous Peoples

The IPKat

The World Intellectual Property Organization ( WIPO ) has shared some news in connection with International Day of the World’s Indigenous Peoples , celebrated on 9 August every year. Winners of the WIPO Short Story Competition on Indigenous Ingenuity and Creativity The winners of the WIPO Short Story Competition on Indigenous Ingenuity and Creativit y have been announced.

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Sci-Hub Pledges Open Source & AI Alongside Crypto Donation Drive

TorrentFreak

Since launching a decade ago in 2011, Sci-Hub has occupied a unique space in the pirate site ecosystem. While its unlicensed counterparts in movie, TV show and music distribution are vilified for undermining creators, Sci-Hub has received broad praise for helping to spread knowledge for the furtherment of science and education, particularly to those who can least afford it.

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Satirical Depiction in YouTube Video Gets Rough Treatment in Court

Technology & Marketing Law Blog

Goodman made and posted a YouTube video called the “Crony Awards,” bestowing honors on countries that downplayed the COVID-19 virus. Because the court says Goodman’s company “traffics in wild conspiracy theories,” it’s likely the video actually celebrates countries for COVID denialism rather than criticizing the countries as you or I would have done.

Fair Use 129
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Biden Nominates First Chief Innovation and Intellectual Property Negotiator

IP Watchdog

President Joe Biden this week nominated Christopher Wilson to be Chief Innovation and Intellectual Property Negotiator at the Office of the U.S. Trade Representative (USTR). The position has not been filled since its creation in 2015. Wilson has been with the USTR for two decades, serving as Deputy Assistant U.S. Trade Representative for Innovation and Intellectual Property (2006-2008) and several Assistant U.S.

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EU General Court considers bad faith claim in scenario of parties’ earlier cooperation

The IPKat

Bad faith pursuant to Article 59(1)(b) of the EU Trade Mark Regulation ( EUTMR ), presupposes the presence of a dishonest state of mind or intention ( Koton Ma?azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?104/18 P) ). In an interesting decision from June this year, the General Court considered that, even if the intervener’s filing of the EUTM application in question had taken place after the applicant had presented its modernization plan, this was not sufficient to establish that there had been

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Rightscorp Site Triggers Security Warnings and Links to Cannabis Site

TorrentFreak

Backed by the RIAA, several major music industry companies have taken some of the largest U.S. Internet providers to court. The music companies accuse these providers of failing to terminate the accounts of the most egregious pirates by ignoring millions of copyright infringement notices. This has already resulted in a massive windfall in their case against Cox, where a jury awarded a billion dollars in damages.

Music 142
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Parliamentary Standing Committee’s Recommendations Concerning AI and IP: A Little Late or Way too Early?

SpicyIP

Image from here. Appreciating the growing importance of AI in various fields as well as its economic impact, the Parliamentary Standing Committee Report (hereinafter the Report) recommended the ‘revisiting of IPR legislations and implementing a strong IPR framework’ in order to ‘extract benefits from AI’. (Pg 38) The Report relying on a research report by Accenture stated that AI related innovations might add USD 957 billion to the Indian economy by 2035.

Invention 122
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Patent Owner Sues Former USPTO Officials for ‘Improperly Stacking the Deck’ Against Him

IP Watchdog

A patent owner has filed a lawsuit in the United States District Court for the Western District of Tennessee against former U.S. Patent and Trademark Office (USPTO) Director Michelle Lee, and a number of other former USPTO officials, for allegedly depriving the plaintiffs “of their valuable property rights in quasi-judicial administrative proceedings before the USPTO’s Patent Trial and Appeal Board (‘PTAB’).

Patent 132
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Is the Federal Circuit too Trigger-Happy Invalidating Means Claims?

Patently-O

by Dennis Crouch. Rain Computing has filed an interesting petition to the Supreme Court focusing on indefiniteness and means-plus-function claims. Rain Computing, Inc. v. Samsung Electronics America, Inc. , No. 21-170 (Supreme Court 2021). Rain’s asserted claims require a “ user identification module configured to control access of … software application packages.

Art 119
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Jake Paul Fight Piracy: Judge Dismisses Triller’s Main Lawsuit, Others On The Brink

TorrentFreak

Triller’s campaign to haul alleged Jake Paul vs. Ben Askren fight pirates into US courts hasn’t been straightforward. After filing one big lawsuit, that was later reduced to just one defendant by a judge, Triller began filing individual complaints against some of the original defendants. Thus far, that venture hasn’t gone particularly well.

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New referral expected to the EBA on the use of post-published data to support inventive step

The IPKat

A Board of Appeal is about to refer questions to the Enlarged Board of Appeal (EBA) on the ability of a patentee to rely on post-published evidence to support the inventive step of a claim, and particularly to support the plausibility that the technical problem has been solved over the full scope of the claim. The referral (expected to be G2/21) will arise from the opposition proceedings for EP2484209.

Invention 113
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Curbing Cannabis Copycats: How to Protect Your Brand’s Reputation as Marijuana Companies Try to Make Their Mark

IP Watchdog

To capture attention in the crowded new field of cannabis-related goods and services, many companies are using other companies’ brands to promote their goods and services, including puns in the edibles space. Not surprisingly, brand owners are responding with lawsuits, alleging trademark infringement, dilution, and unfair competition among other claims.

Branding 128
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Mining History for your Brand Name

Patently-O

Piano Factory v. Schiedmayer Celesta GmbH (Fed. Cir. 2021). The Schiedmayer family has been making and selling pianos since the 1700s, although the current version of the company makes only Celestas and Glockenspiels, not the 88 key Piano Forte that is popular in the US. The last Schiedmayer family pianos were apparently built and sold back in 1980.

Branding 116
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Court Dismisses Yout.com DMCA Circumvention Lawsuit Against RIAA, For Now

TorrentFreak

Follow the RIAA’s attempt to have youtube-dl removed from Github , ripping service Yout carried out a preemptive legal strike against the record label group. Filed in a Connecticut court, Yout argued that previous actions by the RIAA to have its homepage delisted from Google , on the basis that it circumvented YouTube’s ‘rolling cipher’ technology, were wrongful and damaged its business. “Contrary to Defendants’ allegations, Yout’s software platform is not designed to descramble, dec

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“The Reasonable Robot” tackles AI’s impact on the economy, intellectual property rights, and more

IPilogue

Ryan Abbott is Professor of Law and Health Sciences at the University of Surrey School of Law and Adjunct Assistant Professor of Medicine at the David Geffen School of Medicine at UCLA. The past few years have witnessed some astounding advances in artificial intelligence, with high profile breakthroughs, such as software now in use autonomously diagnosing disease , algorithms that can design new microchips better than teams of people , and machines that can write interesting articles.

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The Houston Astros Stole Bases and Signs—But Did They Also Steal Trade Secrets?

IP Watchdog

The category of “trade secrets” is broad and encompasses information that people may not ordinarily associate with the term. Easy, iconic examples of trade secrets include the secret recipe for Coke or the secret formula for creating the nooks and crannies in Thomas’ English Muffins. Others, such as the algorithms that determine what appears in our social media feeds, or how much an office supply store charges a particular client for a box of paper clips, may not be so apparent.