Sat.Sep 10, 2022 - Fri.Sep 16, 2022

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Copyright Protection for Transitory or Ephemeral Works: Going Beyond the Photographic Record

Hugh Stephens Blog

Last month, I discussed the ephemeral art of US sand sculptor Jim Denevan, noting that the simplest way for Denevan to protect his monumental sand designs (if he wished to), was by photographing them.

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How are the First Copyright Claims Board Cases Ending?

Plagiarism Today

The Copyright Claims Board (CCB) is the new copyright small-claims court that was introduced in the CASE Act, which as passed in December 2020. The court itself has been open since June of this year and, as of this writing, some 151 cases have been filed with it. Of those 151 cases, some 11 are already closed. To be clear, none of the cases before the CCB have actually been decided by the board itself.

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Is a Lawyer Required to File a Trademark Application?

Erik K Pelton

The following is an edited transcript of my video Do I Need a Lawyer to File a Trademark Application? It is not technically required that you have a lawyer if you are domiciled in the United States when you’re filing a trademark application, but it is strongly recommended. I’m the first to admit I come to this from a bias, but my bias is based on 20 years of looking at people filing trademark applications—many of them who filed without attorneys—and seeing the results or lack of resu

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Cloudflare Vows to Fight Global 1.1.1.1 DNS Blocking Orders

TorrentFreak

Website blocking has become an increasingly common anti-piracy tool around the globe. In dozens of countries, ISPs have been ordered by courts to block pirate sites. In some cases, these blocking efforts are part of voluntary agreements. Cloudflare ‘Pirate’ Blocking Orders. In the United States, these types of injunctions are rare. However, since the Internet has no clear borders, the effects sometimes spill over.

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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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The Bill C-11 Hearings Are Back, Part Four: The Risks of a Trade Challenge and Tariff Retaliation

Michael Geist

The first three posts in this series on Bill C-11 have focused on the risks of regulating user content , the risks to Canadian creators , and the risks of increased consumer costs and less competition. Today’s post identifies another risk with the bill: the prospect of a trade challenge under the CUSMA that could lead to billions on tariff retaliation that target some of Canada’s most important economic sectors.

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The Targeting of Anti-Plagiarism Advocates

Plagiarism Today

In Russia, Andrei Zaykin has been put under house arrest over allegations that he donated 1,000 ruble ($16) to an opposition leader’s anti-corruption foundation. That foundation was marked as “extremist” by Russian authorities last year and, if found guilty, he faces up to eight years in prison. However, this is far from the first time Zaykin has angered Russian authorities.

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U.S. Pressured Taiwan to Ban Pirate TV Boxes But China’s Not Too Interested

TorrentFreak

When the Google-sponsored Open Handset Alliance launched its Android operating system, few could’ve predicted its future role in the piracy ecosystem. With competing Apple products locked down, less restrictive Android devices eventually became the weapon of choice for developers, especially those with less conventional applications in mind. The new age of piracy that followed evolved beyond the obvious Android characteristic of mobility and led to a global phenomenon of cheap, static set-

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IP as a political instrument in Russia

The IPKat

Kat friend Iana Kazeeva provides an enlightening discussion on steps taken by the Russian government and courts with respect to IP following the invasion of Ukraine. In the spring and summer of 2022, following the international sanctions imposed upon Russia after its invasion of Ukraine, Russia introduced several landmark changes to its IP law, most notably to patent, trademark and copyright laws.

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3 Count: Sunshine Place

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Judge Denies Taylor Swift’s Last-Ditch Request to Spike ‘Shake It Off’ Copyright Lawsuit. First off today, Nancy Dillon at Rolling Stone reports that the judge in the Taylor Swift Shake it Off lawsuit has declined a last-minute attempt to dismiss the case, putting it on track for a trial in January.

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TransUnion Hit With $18M Verdict In Source Code Dispute

IP Law 360

A Cleveland federal jury on Friday said TransUnion LLC should pay $18.3 million to a Northeast Ohio startup that claimed the credit reporting giant held its source code hostage after terminating a business agreement, allegedly preventing the startup from making money with its idea elsewhere.

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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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Football Fans Turn Pirate as Another Legal Streaming Service Falls Over

TorrentFreak

Legal streaming services offering access to top tier football in Europe have a few unique selling points over piracy platforms. Perhaps most importantly, people who subscribe to legal services help to keep the game alive. They support the clubs they love, they support the players, and allow broadcasters to get a return on the money they invested in TV rights.

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Defining a medical device as a product-by-process (T 1869/19)

The IPKat

The decision in T 1869/19 relates to the patentability of a medical device defined in a patent according to its method of manufacture, in the form of a "product-by-process" claim. The decision highlights the difficulty and limitations of the product-by-process claim format, and raises questions as to the value to innovators of this type of claim format.

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3 Count: Verisigned

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Lawmakers Press Verisign To Join ‘Trusted Notifier’ Program And Take More Action To Combat Piracy. First off today, Ted Johnson at Deadline reports that a group of six United States Senators have signed a letter to the domain name registry Verisign calling upon the service to suspend the domains of pirate websites and generally do more to combat copyright infringement.

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Flawed Scheme to Lower Prescription Drug Prices Would Do the Opposite

IP Watchdog

The waning days of summer signal the approaching midterm election season. Amid inflation, recession and voter discontent, it’s understandable that a group of congress members are anxious to put points on the board with a price-control scheme that they wrongly believe will lower prescription drug prices. Though the goal is laudable, their approach would prove disastrous to American innovation while failing to deliver anything but higher prices for American consumers.

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Pirate IPTV Subscription Seller Sentenced to Six Months in Prison

TorrentFreak

Early September, Swedish anti-piracy group Rattighetsalliansen (Rights Alliance) reported on a trial that took place at the specialist Patent and Market Court in Stockholm. A man and woman, a couple from Eskilstuna in eastern Sweden, faced accusations of running an illegal IPTV business and laundering the proceeds. The man, reportedly in his 40s, was said to have run two different IPTV services from which he generated around SEK 2.3 million (around US$213.2k) in revenues over an unspecified peri

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Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice–Alkutkar v. Bumble

Technology & Marketing Law Blog

Alkutkar used the dating app Bumble. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble successfully redirects the case to arbitration based on its TOS. Alkutkar joined Bumble in 2016. In January 2021, Bumble sought to add an arbitration clause to its TOS. It communicated the amendments via an email notice and a “blocker card” that users encountered when they opened up the app: [The court includ

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The Importance of Transparency in Research Integrity

Plagiarism Today

Earlier this week, the journal BMC Medicine announced that it will not retract a controversial 2013 paper authored by botanist Steven Newmaster. Instead, the journal has added a new editor’s note that says indicates “no further editorial action is needed at this point”. . Instead, the journal is leaving intact a February editor’s note that says, “Readers are alerted that concerns have been raised with respect to the reliability of the data presented in this article.”.

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Connected revolution: The future of US auto insurance

McKinsey Operations

Autonomous mobility has the potential to dramatically transform the automotive insurance market, from underwriting to claims and beyond.

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Adobe Thinks it Can Solve Netflix’s Password ‘Piracy’ Problem

TorrentFreak

When online file-sharing hit the mainstream, entertainment company bosses tore out their hair in frustration. They knew their products, ran tight businesses, and had the best possible grasp on the intricacies of their respective markets. Competing with ‘free’ was clearly impossible. Today we know that by looking beyond the bare content, such as a music track or a movie, added value can be found in how content is presented, delivered, consumed, and ultimately appreciated by the custom

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Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies Vol. 6, Issue 1 [Submit by October 1]

SpicyIP

We’re pleased to announce that NLU Jodhpur’s Journal of Intellectual Property Studies (JIPS) is inviting original, unpublished manuscripts for publication for its upcoming issue (Volume VI, Issue I). The last date for submissions is October 1, 2022. For further details, please read the journal’s call for papers below: Call for Papers: NLU Jodhpur’s Journal of Intellectual Property Studies [Vol.

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3 Count: Paparazzi Lawsuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: After Settling with Justin Bieber and Ariana Grande, Photographer Sues Miley Cyrus for Copyright Infringement. First off today, Meghann Cuniff at Law & Crime reports that Miley Cyrus is the latest celebrity to face a lawsuit from New York photographer Robert Barbera, causing her to join the ranks of Justin Bieber and Ariana Grande.

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“TAKE FIVE” – the EUIPO Board of Appeal maintains that the slogan is not sufficiently distinctive for registration

The IPKat

From time to time, this Kat receives queries from clients in relation to the registrability of slogans as trade marks. The Board of Appeal of the European Union Intellectual Property Office ( EUIPO ) in its recent decision refused a trade mark application for the slogan “TAKE FIVE” in Class 32 ( Case R 664/2022-1 ). Recap: Are slogans treated differently than other types of marks?

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Tedious Anti-Copyright Stance of EFF is Not About Protecting Anyone

The Illusion of More

Welp (as the kids say), it looks like Katherine Trendacosta of the Electronic Frontier Foundation (EFF) found an old PowerPoint deck from 2012 and used it to write a new post ominously titled Hollywood’s Insistence on New Draconian Copyright Rules Is Not About Protecting Artists. Typical of the EFF playbook, Trendacosta devotes an entire post […].

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How Europe’s CPG leaders can navigate inflation

McKinsey Operations

With inflation persisting, consumer-packaged-goods manufacturers can’t rely on the strategies that got them through the past two years. It’s time for a reset.

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3 Count: Pulp Friction

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Tarantino, Miramax settle copyright suit over ‘Pulp Fiction’ NFTs. First off today, Jack Queen at Reuters reports that Miramax and director Quentin Tarantino have reached a settlement in their dispute over Pulp Fiction-based NFTs. The dispute began last year when Tarantino announced that he would sell several non-fungible tokens (NFTs) based on the film Pulp Fiction.

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Five Ways That the California Age-Appropriate Design Code (AADC/AB 2273) Is Radical Policy

Technology & Marketing Law Blog

When a proposed new law is sold as “protecting kids online,” regulators and commenters often accept the sponsors’ claims uncritically (because…kids). This is unfortunate because those bills can harbor ill-advised policy ideas. The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. Newsom ) is an example of such a bill.

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DCA Releases New Report on Piracy Sites and Malware

The Illusion of More

Apropos my recent response to the EFF’s standard policy of shrugging at online piracy, I want to highlight one paragraph from the post to which I replied. Katherine Trendacosta wrote: From the fever-pitch moral panic of the early 2000s, discussions about “piracy” disappeared from pop culture for about a decade. It’s come back, both from the side explaining […].

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Changing Big Tech Revenue Streams Provide Insight Into Future Intellectual Property Use and Value

IP Close Up

The emerging revenue sources of large technology companies like Apple and Microsoft may be an indication of their regard for certain intellectual property rights and their Continue reading.

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Christie’s Launches Venture Capital Fund for Art-Tech Startups

IPilogue

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On July 18 th , 2022, the world’s second-largest art auction house, Christie’s, announced the establishment of Christie’s Ventures , an investment fund that will support emerging tech companies whose products could have an impact on the art market. According to a representative, the fund is estimated to hold “ several million dollars.

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Airline retailing: How payment innovation can improve the bottom line

McKinsey Operations

Airline retailing could be worth $40 billion by 2030—a new report gives insight on how airlines can maximize this opportunity.

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This is NOT Lean: Lean Staffing

Christopher Roser

In this post I would like to talk about another term that claims to be lean: lean staffing. It is NOT lean! It is an abomination. It is pretty much the opposite of what, in my opinion, lean stands for. It is a complete lack of respect for humanity. Let me explain you what it. Read more. The post This is NOT Lean: Lean Staffing first appeared on AllAboutLean.com.

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Demystifying Copyright Protection

JD Supra Law

These days, it seems almost impossible for most people to spend a day without using the internet. For some, that means not reading daily news articles online by swiping their smartphone screens. For others, that means not posting real-time Instagram stories on their social media account.

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New 3-Step Approach For Patentability as outlined by the CIPO and Benjamin Moore

IPilogue

Anita Gogia is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. In the case of Benjamin Moore & Co. v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. The Federal Court adopted a new 3-step framework for assessing patentable subject matter in electronics and computer-implemented inventions.

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Global Economics Intelligence executive summary, August 2022

McKinsey Operations

Growth moderates globally in an inflationary environment; the US Federal Reserve emphasizes its tightening course; Europe faces near-term energy volatility.

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Creator Spotlight with Multidisciplinary Artist Kendra Dandy

Copyright Alliance

This week we’d like to introduce you to Multidisciplinary Artist Kendra Dandy. You can follow her on Instagram @theebouffants. Can you take us through your creative process? How long does […]. The post Creator Spotlight with Multidisciplinary Artist Kendra Dandy appeared first on Copyright Alliance.

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