Hugh Stephens Blog
FEBRUARY 24, 2022
February 21-25 is Fair Use/Fair Dealing week, so proclaimed by a number of participating organizations in the US and Canada and organized by the Association of Research Libraries under the umbrella of fairuseweek.org. As in past years, there will be a series of online events extolling the virtues of fair use and fair dealing. Fair … Continue reading "What Happens when Fair Dealing is not “Fair”??
Plagiarism Today
FEBRUARY 21, 2022
A recent article on Retraction Watch tells the story of Svein Åge K. Johnsen and Ingeborg Olsdatter Busterud Flagstad, two researchers from the Inland Norway University of Applied Sciences. For over a year, the pair have been trying to publish a paper about green entrepreneurship, focusing on “small-scale Norwegian manufacturing companies.” In January 2021, the pair submitted it to the International Small Business Journal , a SAGE journal.
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Erik K Pelton
FEBRUARY 21, 2022
The following is a transcript of my video The Time I Got a Negative Review. Our topic : the only time I’ve received a negative review online. And it’s still up there. I have not contested, or taken it down, because it is true that this client did not receive approval for their trademark application. Because many filers of trademark applications do not receive approval from the USPTO.
TorrentFreak
FEBRUARY 24, 2022
From the day the first computer and video games were published, people have been able to pirate them. In the early days that involved copying cassettes and floppy disks and today most unauthorized copying takes place over the Internet. Over the past decades, a subset of gaming fans have united in Scene groups to ensure a steady stream of cracked games, i.e those that have had their protections removed.
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?
IP Watchdog
FEBRUARY 23, 2022
In an opinion letter dated February 14, 2022, the Review Board of the United States Copyright Office (Review Board) affirmed a decision of the U.S. Copyright Office (USCO) denying registration of a two-dimensional artwork generated by Creativity Machine, an artificial intelligence (AI) algorithm created by Dr. Stephen Thaler. Established by regulation in 1995, the Review Board is responsible for hearing final administrative appeals following two opportunities for a claimant to appeal copyright r
Plagiarism Today
FEBRUARY 24, 2022
Today, the United States Supreme Court handed down what will likely be one of the most important copyright verdicts in some time as it ruled 6-3 in favor of Unicolors in their long-running dispute against H&M. The dispute centers around a series of alleged infringements by H&M. According to the lawsuit, Unicolors created and registered a copyright in a pattern that H&M used when creating multiple products.
Intellectual Property Pulse brings together the best content for IP professionals from the widest variety of industry thought leaders.
TorrentFreak
FEBRUARY 21, 2022
Roughly 25 years ago, Google started its business as a simple and straightforward search engine. The startup swiftly captured a dominant market share and branched out into other businesses, including online advertising and video streaming. Google is a leading player in all of these markets today. This brings in a yearly revenues of hundreds of billions of dollars, an amount that continues to go up at a rapid pace.
Patently-O
FEBRUARY 23, 2022
Guest post by Professors Sarah Burstein (University of Oklahoma) and Saurabh Vishnubhakat (Texas A&M University). In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected.
Plagiarism Today
FEBRUARY 23, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: The US Copyright Office Says an AI Can’t Copyright its Art. First off today, Adi Robertson at The Verge reports that the U.S. Copyright Office has declined to register the copyright of an AI-created image that it says did not include an element of “human authorship.” The decision was made by the three-person Copyright Review Board, which was reviewing an earlier denial of registration by the U.S.
The IPKat
FEBRUARY 20, 2022
This Kat dreams (or has nightmares) of anti-suit injunctions The EU is eager to promote innovation and growth in a digital age, but whose? This is the question one might reasonably ask on learning of the EU's launch of a complaint at the WTO against China last Friday, 18 February 2022. The substance of the complaint is the allegation that Chinese courts are obstacles to European companies' legitimate enforcement of telecom patents on technologies such as 3G, 4G, and 5G through the use of anti-su
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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.
TorrentFreak
FEBRUARY 23, 2022
Mid-June 2017 and in the wake of a lawsuit filed in the United States by broadcaster DISH Network, TVAddons – the largest third-party Kodi add-on repository at the time – disappeared from the Internet. All signs pointed to the events being connected but by August 2017, a bigger picture was emerging. On June 2, 2017, a coalition of Canadian telecoms giants including Bell Canada, Bell ExpressVu, Bell Media, Videotron, Groupe TVA, Rogers Communications and Rogers Media, had filed a copy
SpicyIP
FEBRUARY 24, 2022
We’re pleased to inform you that Centre for Intellectual Property Studies, National Law University, Jodhpur is is inviting submissions from law students for the ‘NLUJ CIPS Inter College IP Research Essay Writing Competition, 2022’ on the theme ‘“IP and Youth: Innovating for a better future’. The deadline for submissions is 10th March, 2022.
Plagiarism Today
FEBRUARY 21, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Judge: Jehovah’s Witness Parodies Are Fair Use. Watch Tower: So What? First off today, Andy Maxwell at Torrentfreak writes that Watch Tower, is pushing ahead with a copyright infringement lawsuit against YouTuber “Kevin McFree” (not his real name) in hopes of revealing the YouTuber’s real name.
IP Watchdog
FEBRUARY 22, 2022
You may have heard that on January 1, 2022, Winnie-the-Pooh and the other characters from the Hundred Acre Wood are now in the public domain. But did you know that not all of Christopher Robin’s friends are treated the same in the eyes of copyright law? The characters have multiple authors, including A.A. Milne who first published Winnie-the-Pooh in 1926, and The Walt Disney Company, which brought the stories to the screen.
TorrentFreak
FEBRUARY 21, 2022
By providing a massive library of scientific and academic publications for free, Sci-Hub and Libgen have achieved a somewhat unique status in the ‘pirate’ market. On the one hand, the platforms freely spread knowledge and education, two of the most valuable commodities for those seeking a more enlightened and progressive global community.
Kashishipr
FEBRUARY 23, 2022
In the present emerging digital economy, innovators keep coming up with new ideas for the manufacturing sector with the potential to change and evolve the already existing ways of working and discover new ones. The issue that the manufacturers in different industries face is not that today’s technology has transformed and become exceedingly complicated.
Plagiarism Today
FEBRUARY 24, 2022
Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Appeals Court Revives Copyright Lawsuit Over ‘Servant’. First off today, Winston Cho at The Hollywood Reporter Esquire reports that the Ninth Circuit Court of Appeals has revived a lawsuit against Apple over the AppleTV+ series Servant. The lawsuit was filed by Francesca Gregorini, who targeted Apple as well as others involved in the production of the series.
IP Watchdog
FEBRUARY 21, 2022
Charles Bertini, owner of the trademark APPLE JAZZ, has filed a Request for Reconsideration of a Trademark Trial and Appeal Board (TTAB) Order suspending his Petition to Cancel Apple’s registration of the mark APPLE for entertainment services. Bertini also filed a motion in October of last year with the U.S. Court of Appeals for the Federal Circuit (CAFC) requesting that he be allowed to present evidence not of record to demonstrate that bias at the TTAB may have had a negative impact on his opp
TorrentFreak
FEBRUARY 22, 2022
Pirate site blockades are the preferred anti-piracy tool for many copyright holders around the world. This is also the case in Australia, where blocking injunctions are commonplace today. This week, a group of prominent Hollywood studios, Netflix, and Village Roadshow, obtained the latest blocking order in Australia’s Federal Court. Fresh Blocking Order.
Velocity of Content
FEBRUARY 23, 2022
In the course of our work here at CCC, and due to our own personal hunger for knowledge, we try to keep up — at least on a basic, laypersons’ level —on top-notch scientific information. And, like many other people, we find podcasts are an efficient and effective means of keeping up on science topics of interest. My commute time ( or occasional mid-afternoon power nap ) is almost completely allocated to listening to podcasts – radio content on demand and on my schedule.
JD Supra Law
FEBRUARY 25, 2022
The advent of distributed ledger technology has ushered in a new digital era – a decentralized internet, neither owned nor controlled by a central authority. While blockchain enthusiasts hail this lack of centralization as representing a new chapter of freedom and individual empowerment, the punchline for brands is that the absence of adjudicating bodies and authorities also brings an abundance of uncertainty, risk, and discomfort.
IP Watchdog
FEBRUARY 24, 2022
The U.S. Chamber of Commerce’s Global Innovation Policy Center (GIPC) today revealed its 2022 International IP Index, “Compete for Tomorrow,” which is now in its tenth edition. Last year, the report focused on the role of effective intellectual property (IP) frameworks in helping economies to combat and recover from the COVID-19 pandemic and identified several emerging economies that had made significant improvements.
TorrentFreak
FEBRUARY 22, 2022
PrimeWire is a popular streaming portal that provides a database of links to pirated movies and TV shows hosted by third parties. It’s been around for at least eight years but in December 2021 it became clear that major movie and TV show companies had seen enough. In a lawsuit filed by Paramount, Universal, Warner, Columbia, Disney and Netflix in the United States, the studios accused PrimeWire of massive copyright infringement by encouraging users of the site to upload links to pirated co
IPilogue
FEBRUARY 21, 2022
Photo by fauxels ( Pexels ). . Emily Prieur is an IPilogue Writer and a 3L JD Candidate at Queen’s University Faculty of Law. . . Background. In July 2021, the Government of Canada launched a consultation on Artificial Intelligence (“AI”) and the Internet of Things (“IoT”). The goal was to balance the realities of developing technologies with the interests and needs of artists, innovators, and consumers.
43(B)log
FEBRUARY 22, 2022
Request for Submissions Harvard/Yale/Stanford Junior Faculty Forum June 9-10, 2022, Harvard Law School Harvard, Yale, and Stanford Law Schools are soliciting submissions for the 22nd session of the Harvard/Yale/Stanford Junior Faculty Forum, to be held at Harvard Law School on June 9-10, 2022. Twelve to twenty junior scholars (with one to seven years in teaching) will be chosen, through a double-blind selection process, to present their work at the Forum.
IP Watchdog
FEBRUARY 22, 2022
On Friday, the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed with the Patent Trial and Appeal Board’s (PTAB’s) decision that the original claims of Zaxcom’s U.S. Patent No. 9,336,307 for Engineering Emmy® and technical OSCAR award-winning wireless microphone technology were unpatentable as obvious. However, the court upheld the substitute claims Zaxcom had proposed.
TorrentFreak
FEBRUARY 25, 2022
Every year the US Trade Representative publishes a new update of its Special 301 Report , highlighting countries that fail to live up to U.S copyright protection standards. The annual overview is meant to motivate foreign governments to improve policy and legislation in favor of US copyright holders. This year’s list will be published in a few weeks.
IPilogue
FEBRUARY 22, 2022
Madelaine Lynch is an IP Intensive student and a 3L JD candidate at Osgoode Hall Law School. As part of the course requirements, students were asked to write a reflective blog on their internship experience. I am extremely grateful for the 10 short weeks I got to spend (virtually) at ventureLAB. ventureLAB is not-for-profit technology hub in York Region which is not only an amazing resource for tech companies, but also an amazing place to work. ventureLAB works with start-ups from the early to l
U.S. Department of Commerce
FEBRUARY 23, 2022
National Black History Month: Honoring a Century of Excellence in Data Collection and Use. February 23, 2022. KCPullen@doc.gov. Wed, 02/23/2022 - 17:18. For more than 100 years, African American leaders in the Department of Commerce have been making significant, innovative contributions to our collection of data to help us better understand our country and our world.
IP Watchdog
FEBRUARY 24, 2022
In a 6-3 decision today, the U.S. Supreme Court held that Section 411(b) of the U.S. Copyright Act “does not distinguish between a mistake of law and a mistake of fact; lack of either factual or legal knowledge can excuse an inaccuracy in a copyright registration under §411(b)(1)(A)’s safe harbor.” The decision comes after Unicolors, Inc. petitioned the Court in January of last year, asking whether the Ninth Circuit erred in determining that Section 411 required referral to the Copyright Office
TorrentFreak
FEBRUARY 20, 2022
Depending on opinion, the Watch Tower Bible and Tract Society, the supervising body and publisher for the Jehovah’s Witness religious group, either doesn’t like criticism, dislikes copyright infringement, or hates both. Since cracking down on the former is all but impossible, Watch Tower keeps an eye out for people who criticize the religion by leveraging its own copyrighted material, such as videos or songs, against it.
IPilogue
FEBRUARY 25, 2022
Photo by Roberto Nickson ( Pexels ). Andrew Masson is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . Popular Twitch streamer Jeremy “Disguised Toast” Wang has exposed a massive flaw in the live-streaming platform Twitch’s copyright compliance measures. For those unfamiliar, Twitch is a live-streaming platform where content creators (i.e., streamers) broadcast themselves to an audience doing almost anything including playing video games, cooking, making music, performing
JD Supra Law
FEBRUARY 25, 2022
The institution rate for post-grant petitions in FY 2022 through the end of January 2022 (Oct. 1, 2021 through January 31, 2022) stands at 63% (279 instituted, 164 denied) compared to 59% in the previous fiscal year.
IP Watchdog
FEBRUARY 25, 2022
This week in Other Barks & Bites: Senator Tillis tells Becerra not to fall for march-in rights petitions; the U.S. Supreme Court asks the Solicitor General to brief the court on the views of the U.S. federal government regarding the Article III standing issues in Apple v. Qualcomm; Sen. Grassley asks DHS Secretary Mayorkas to dispel concerns that the OPT STEM program is expanding beyond its original mission of aiding the U.S. high tech workforce; the United States remains top ranked in the
TorrentFreak
FEBRUARY 23, 2022
As one of the more popular user-submitted content sites on the internet today, Reddit and its community moderators have to work hard to keep the platform in order. In 2021, Reddit’s users created nearly 5.8 billion posts, comments, private messages and chats across the platform, with 297,161,752 later being removed by moderators (around 175.8k), removed by site admins (108.6K), and the authors themselves (12.6K).
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