Sat.May 28, 2022 - Fri.Jun 03, 2022

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What the New York Times Gets Right (and Wrong) About Plagiarism

Plagiarism Today

Last week, the New York Times (NYT) found itself at the center of a plagiarism and citation controversy. . The paper released a multipart series on the country of Haiti , it looked at the debts that both France and the United States placed on the country since its independence and the role those debts have played in the country’s economic state. Though the material and the presentation of data is, by in large, seen as good, historians and other academics that participated in the article felt tha

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O Hypocrisy! U of T Sues Tutorial Service for Copyright Infringement After Ripping Off Authors for the Past Decade?

Hugh Stephens Blog

O Hypocrisy, know ye no bounds? That was the thought that flashed into my head when the University of Toronto (U of T) announced that it was suing Easy Group, a Toronto based tutorial service catering mainly to international students, for copyright infringement. According to a bulletin issued by the university, the institution–in concert with … Continue reading "O Hypocrisy!

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Red Flags for Any Trademark Application ??????

Erik K Pelton

30The following is a transcript of my video Red Flags for Any Trademark Application. Trends on social media move so quickly, but this one has lingered, and it’s about red flags. Because it’s related to social media, I only learned about it because of my children and my family, but a lot of posts about red flags use the red flag icon or emoji, and then warning signs about a particular topic.

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Fear factor: Overcoming human barriers to innovation

McKinsey Operations

Worries about failure, criticism, and career impact hold back many people from embracing innovation. Here’s how to create a culture that accounts for the human side of innovation.

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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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‘Copyright Troll’ Threatens Student Paper Over Creative Commons Image

Plagiarism Today

Earlier this week, Mike Hiestand at the Student Press Law Center (SPLC) shared the story of an unnamed school newspaper that is facing a legal threat from a “copyright troll” over the use of an image on their site. . According to the post, the paper was working on an article about the COVID-19 pandemic and sought a stock image that it could use to accompany the writing.

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Bill C-11 and User Content at the Heritage Committee: The Gaslighting Continues

Michael Geist

The Standing Committee on Canadian Heritage continues its hearing into Bill C-11 today with hours of scheduled testimony and witnesses that include Netflix, Youtube, and CRTC Chair Ian Scott. The witness list is becoming notable both for who is not included (a bill called the Internet Streaming Act without TikTok or Amazon or Apple or Roku?!) and who is back for another appearance (Scott will surely face pressure to soften his earlier comment that the user content is included in the bill ).

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More Trending

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Addressing employee burnout: Are you solving the right problem?

McKinsey Operations

Employers have invested unprecedented resources in employee mental health and well-being. With burnout at all-time highs, leaders wonder if they can make a difference. Our research suggests they can.

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3 Count: Matrix Arbitration

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Pinterest Prevails in Photography Copyright Dispute. First off today, Carson McCullough at Courthouse News Service reports that a federal judge has granted summary judgment in favor of Pinterest in their battle with a photographer. The case involved photographer and author Harold Davis, who sued Pinterest, alleging that the company featured images he created without permission.

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CRTC Chair Ian Scott Confirms It Yet Again: Bill C-11 Includes Regulatory Power On User Content

Michael Geist

The Online Streaming Act hearings at the Canadian Heritage committee continued yesterday with testimony from several notable witnesses, including CRTC Chair Ian Scott. Scott had appeared before the committee several weeks earlier, confirming that Bill C-11 contains a provision that captures user content regulation, acknowledging that “as constructed, there is a provision that would allow us to do it as required.” That statement would not ordinarily be controversial since the inclusio

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Protecting Intellectual Property in Augmented Reality

IP Watchdog

Augmented Reality (“AR”), along with Virtual Reality (“VR”), is rapidly growing in prominence and will be transformative to the way we live, work, learn and play. Both AR and VR will undoubtedly bring a whole set of novel IP issues for individuals, companies, IP practitioners and the courts. Like any new technological area, such as cyber law for the nascent internet technology in the early 1990s, many legal issues need to be addressed and many more are yet to be discovered as this area evolves.

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Failure is not an option: Increasing the chances of achieving net zero

McKinsey Operations

Countries and companies globally are taking action to pursue net-zero emissions, but their plans could easily be derailed by myriad factors. Here are some considerations for helping to keep them on track.

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3 Count: Physical Media?

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: California Court Upholds Right to Rent Physical Media. First off today, Brian J. Levy at Kristina Wang at Wilson Sonsini reports that the U.S. District Court for the Central District of California has granted summary judgment in a case involving the rental of physical media.

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Decentralized Domains: Metaverse Land Grab

JD Supra Law

As the metaverse continues to become a more established marketplace, and consumers become more familiar with non-fungible tokens (NFTs), NFT marketplaces, decentralized domains, bitcoin, crypto wallets and the blockchain, it is no surprise that intellectual property (IP) owners are starting to see an increase in unauthorized uses of their trademarks and copyrights.

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IP Practitioners Speak Out on the U.S. Government’s Approach in American Axle Brief

IP Watchdog

Last week, the United States Solicitor General recommended granting review in American Axle & Manufacturing v. Neapco Holdings, a case many in the patent community hope will provide clarity on U.S. patent eligibility law. IPWatchdog asked stakeholders to weigh in on whether the SG took the right approach and what this latest development means for the fate of U.S. patent eligibility.

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Author Talks: Think digital

McKinsey Operations

People have long worried about being replaced by machines, but Tsedal Neeley says the true threat to job security in the digital age is other humans—namely those who know how to use digital tools.

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Google Answers Question About Plagiarized Content, Kind Of

Plagiarism Today

Earlier this week, search engine optimization (SEO) expert Muhammad Awais took to Twitter to ask Google’s John Mueller a seemingly simple question: Is there any specific percentage of plagiarism that is acceptable in content? Mueller’s response was, to put it mildly, curt and direct. Acceptable by whom? Why not aim for none? — johnmu.xml (personal) (@JohnMu) May 30, 2022.

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YouTube and Uploaded Could be Liable For Pirating Users, Court Rules

TorrentFreak

YouTube users upload millions of hours of videos a week. As with any user-generated content site, this also includes copyright-infringing content. The file-hosting platform Uploaded faces similar issues. While it can be used to share legal files, some people use it to share pirated content. This is a thorn in the side of several rightsholders, who argue that YouTube and Uploaded are liable for the infringing activities of their users.

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The Spirit of Lehman Brothers

Patently-O

by Dennis Crouch. Tiger Lily Ventures Ltd v. Barclays Capital Inc. ( Fed. Cir. 2022 ). LEHMAN BROTHERS has a bad name for triggering the US economic collapse in the mid 2000s. But, as they say ‘any publicity is good publicity.’. Barclays purchases a number of Lehman Brothers businesses and accompanying goodwill back in 2008 as part of the bankruptcy proceedings.

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Navigating inflation in retail: Six actions for retailers

McKinsey Operations

Retailers are facing the possibility of persistent inflation—but they can meet that challenge in ways that streamline operations, retain customers, and drive profitable growth.

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3 Count: Spinrilla Right Round

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Majors and Spinrilla Set Out Jury Selection Questions as Copyright Dispute Proceeds. First off today, Chris Cooke at Complete Music Update reports that jury selection has begun in the impending trial of the mixtape sharing service Spinrilla and the major record labels.

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Supreme Court Restores Injunction Against Texas HB 20!–NetChoice v. Paxton

Technology & Marketing Law Blog

Yesterday, the Supreme Court granted the emergency application to restore the injunction against HB 20, Texas’ social media censorship law. The vote was 5-4, with Barrett, Breyer, Kavanaugh, Roberts, and Sotomayor voting to reinstate the injunction, and Alito, Gorsuch, Kagan, and Thomas voting to drop the injunction. Justice Alito wrote a dissent joined by Gorsuch and Thomas but not Kagan.

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Patent Suits Drop 33% from 2013; 2021 Damages Awards are More Than $1 Billion less than 2012

IP Close Up

Despite the high economic relevance of innovation and explosive invention growth reflected in the number of patents issued annually by the United States Patent and Trademark Continue reading.

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Houston as the epicenter of a global clean-hydrogen hub

McKinsey Operations

Clean hydrogen is emerging as a viable way to reach net zero. In the United States, clean-hydrogen efforts in Houston, Texas, could serve as a template for other regions.

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Anti-Piracy Company Targets Sites That Shut Down a Decade Ago

TorrentFreak

Time flies, some people say. There is certainly some truth to that but for others, it appears that time stands still. Sydney-based movie distributer Odin’s Eye Entertainment appears to fall in the latter category. Or at least, its anti-piracy partner “ shoot-down.com ” does. Intelligent Anti-Piracy. The anti-piracy outfit is a relatively small player that first appeared on the scene two years ago.

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TTABlog Test: Are Drinking Game Equipment and Sports Balls Related for Section 2(d) Purposes?

The TTABlog

The USPTO refused registration of the mark BREWSKI (in standard characters) for "Equipment sold as a unit for playing drinking games comprised of an apparatus for holding multiple cups," finding confusion likely with the registered mark BREWSKI BROTHERS for "sports balls" [BROTHERS disclaimed]. On appeal, applicant maintained that the marks engender different commercial impressions because BROTHERS is the dominant term in the cited mark, and further that the goods are significantly dissimilar, s

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Nettwerk Music Group Sounds Alarm Bells on Bill C-11: “It Will Hurt Canadian Artists and Music Companies”

Michael Geist

Nettwerk Music Group has long been recognized as one of Canada’s leading independent music companies. Led by Terry McBride, the company has featured label and management clients that include Coldplay, Sarah McLachlan, Dido, and Barenaked Ladies. The company has a reputation for embracing innovation: it was one of the first to drop digital rights management technologies from MP3 music sales and focused on fan preferences in the marketing and distribution of music.

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Author Talks: A new way to think about management

McKinsey Operations

Predicting the future is impossible, but traditional business models try anyway. Roger Martin says management leaders need to revisit the whiteboard.

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Kat Von D Tattoo Lawsuit Appears Headed to a Jury

Copyright Lately

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. When lighting technician Blake Farmer got a tattoo of Miles Davis from celebrity tattoo artist Kat Von D in 2017, he never could have imagined that the image on his right arm would one day become Exhibit A in a copyright infringement lawsuit.

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MarkIt to Market® - May 2022: gTLD Sunrise Period Now Open

JD Supra Law

As first reported in our December 2013 newsletter, the first new generic top-level domains (gTLDs, the group of letters after the "dot" in a domain name) have launched their "Sunrise" registration periods. Please see our December 2013 newsletter for information as to what the Sunrise period is, and how to become eligible to register a domain name under one of the new gTLDs during this period.

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Not All Citations Are Created Equal – Here’s Why

Velocity of Content

It might seem obvious, but not all citations are created equal. You can cite a paper as background, you can cite a paper because you followed the same protocol, or you can cite a paper because you disagree with it. Obviously, there are many reasons to cite a paper (CiTO lists dozens here ). So why do we treat citations as if they are all the same? Why does the Impact Factor of journals not consider the types of citations?

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Are states ready to close the US digital divide?

McKinsey Operations

More than $100 billion in federal funding is being deployed to bring broadband to every American household as part of the largest public investment to connect Americans since the creation of the Interstate Highway System.

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New VPN Crackdown Underway in Russia, Government Confirms

TorrentFreak

Next month will mark the 10-year anniversary of a new law introduced by Russia to ensure the safety of its citizens online. The “Extremist Websites Blocking Law” created a national blacklist to prevent socially harmful websites from being accessed by the public. No longer would extremist, terrorist, Child Sexual Abuse Material (CSAM), or the promotion of illegal drugs be allowed to spread online.

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This Week in Washington IP: Passing the Bipartisan Innovation Act, Addressing Competition Issues with Big Tech, and International Considerations for a Digital Dollar

IP Watchdog

This week in Washington IP news, both houses of Congress remain quiet during regularly scheduled work periods. The Information Technology & Innovation Foundation gets the week started with an event exploring prospects for Congressional passage of the Bipartisan Innovation Act. The Center for Strategic & International Studies will host events discussing arguments for and against the United States’ adoption of a centralized digital currency, as well as efforts between the United States a

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Where to Start Your Kaizen?

Christopher Roser

To become lean, you need to improve your factory. Continuous improvement (kaizen) consists of many smaller and/or larger improvements. However, often the first challenge is where to start this improvement. Let me dig deeper into the possibilities and challenges of picking improvement projects, with a particular focus on systems that have multiple independent production lines, Read more.

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Forward Thinking on measuring the value of the digital age with Avinash Collis

McKinsey Operations

Born in India and now a professor in Texas, Avinash Collis talks about his work on creating a data dashboard that will enable us to measure the true value of the digital age.

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Piracy: Disney Files Police Complaint Against Tamilrockers & Pikashow

TorrentFreak

In common with other countries attempting to reduce their movie and TV show piracy problem, India has provisions in copyright law that allow rightsholders to limit access to pirate sites. Disney has utilized this mechanism to compel ISPs to block subscriber access to pirate sites and has also obtained so-called ‘dynamic’ injunctions that allow new circumvention domains to be blocked too.

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