Sat.Dec 11, 2021 - Fri.Dec 17, 2021

We Need to Rethink YouTube

Plagiarism Today

The stories have become incredibly common. Last week, it was YouTuber Mark Fitzpatrick, better known as Totally Not Mark, who faced some 150 copyright claims on his channel from Toei Animation.

How Can News Publishers Best Protect Their Content? The US Copyright Office Explores Options

Hugh Stephens Blog

This past October, the US Copyright Office (USCO) announced it would be undertaking “a public study to evaluate the effectiveness of current copyright protections for publishers in the United States, with a focus on press publishers.”

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Twitch Users Can Now ‘Stream’ Movies & TV Shows Without Fear of DMCA Strikes

TorrentFreak

The idea that regular internet users could find themselves regularly concerned at the thought of being targeted by a copyright complaint would’ve been dismissed as scare tactics just a few short years ago. In 2021, the reality is all too clear.

Artificial Intelligence and Intellectual Property: what next for the UK?

JD Supra Law

There is still time to provide input to the UKIPO on copyright protection of computer-generated works, copyright exceptions for text and data mining and AI inventorship of patents as the government bids to make Britain a global AI superpower within the next ten years. By: Allen & Overy LLP

3 Count: Keep Shaking

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Can’t Shake This: Taylor Swift to Face Copyright Lawsuit.

Airbnb Uses Section 230 to Defeat a Personal Injury Claim–Smith v. Airbnb

Technology & Marketing Law Blog

I was a little surprised by this ruling. The Ninth Circuit’s HomeAway ruling seemingly eliminated Section 230 for any transactions that Airbnb booked, at least in the Ninth Circuit.

‘Copyright Troll’ Must Pay $60k Extra to Compensate Wrongfully Accused ‘Pirate’

TorrentFreak

In recent years, adult entertainment outfit Malibu Media has often been described as a copyright-trolling operation. The company, known for its popular “X-Art” brand, has gone after thousands of alleged file-sharers in U.S. courts, collecting millions of dollars in settlements.

More Trending

3 Count: Hiding the Ball

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: YouTube Says Creators are ‘Hiding the Ball’ With Copyright Claims.

Why the Digital Services Tax Act Violates Canada’s OECD Commitment to a Tax Moratorium

Michael Geist

Trademark protection is a brand’s best friend

Erik K Pelton

Dogs might be man’s best friend, but trademark protection is a brand’s best friend. Here are some fun canine themed trademarks we’ve helped protect: The post Trademark protection is a brand’s best friend appeared first on Erik M Pelton & Associates, PLLC

End Of An Era: USPTO Proposes To Phase Out Hard Copy Patent And Trademark Certificates

JD Supra Law

As part of its plan to modernize the U.S. intellectual property registration system, the U.S. Patent and Trademark Office (USPTO) plans to stop issuing patent and trademark certificates in hard copy format. By: Fox Rothschild LLP

Qatent – AI Generated Applications

Patently-O

I love this project that has the AI tech develop a detailed 20-30 page specification based upon a few claims and short description. [link]. I expect that most folks won’t be satisfied, but in many cases it might be sufficient.

The (Still Secret) Online Harms Consultation: What the Government Heard, Part One

Michael Geist

The results of this summer’s online harms consultation remains largely shrouded in secrecy as the Canadian government still refuses to disclose the hundreds of submissions it received.

Major Manga Publishers Try to Identify Operators of Massive Pirate Sites

TorrentFreak

As we have reported on many occasions in recent years, the lowly DMCA subpoena can be a powerful tool to discover the identities of those running pirate sites.

What was Fascinating in 2021 for Biotech

JD Supra Law

2021 was a fascinating year in biotech, especially for legal issues. Of course, 2021, as the second year of a global pandemic, must be viewed in context with 2020. By: Spilman Thomas & Battle, PLLC

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Armslist Loses Two Section 230 Rulings, But Still Defeats Both Lawsuits

Technology & Marketing Law Blog

Armslist has become a critical player for Section 230 jurisprudence in Wisconsin. It’s not going well for Armslist or Section 230.

The Law Bytes Podcast, Episode 112: Aaron Perzanowski on the Right to Repair

Michael Geist

The right to repair, whether consumer electronics, farm machinery or even health and medical equipment, is an issue that affects everyone.

Art 87

Sites With >100 Links to Pirated Content Will Be Banned From Search Engines

TorrentFreak

Despite receving criticism from international rightsholders, Russia’s efforts to prevent pirated content being accessed locally match and at times even exceed standards applied elsewhere.

The Year in Intellectual Property — 2021 Popular IP Reads on JD Supra

JD Supra Law

A recap of some of the most well-read IP-related updates, all aspects, published on JD Supra during 2021. By: Beacon Insights by JD Supra

One I lost: Guggenheim Capital vs. Little Old Man

Likelihood of Confusion

It’s an appeal that I lost, the one on behalf of David Birnbaum, who was ordered by a court not to use his family name, Guggenheim … Yes, it’s complicated, The post One I lost: Guggenheim Capital vs. Little Old Man appeared first on LIKELIHOOD OF CONFUSION™.

IP 87

A 512(f) Plaintiff Wins at Trial! ??–Alper Automotive v. Day to Day Imports

Technology & Marketing Law Blog

Background. A refresher: in 1998, Congress created a notice-and-takedown scheme for user-submitted items that allegedly infringe copyright. Copyright owners send takedown notices, and service providers either remove the items or lose the safe harbor.

Faulty DMCA Takedown Notice Makes American TV Network Unfindable in Google

TorrentFreak

Regular readers will be familiar with the cloud storage platform Mega, but Mega.tv might not ring a bell right away. Mega.tv is a relatively small free-to-air TV station with headquarters in Miami and Puerto Rico.

Amgen Petitions for Certiorari to Reconsider Enablement of Genus Claims

JD Supra Law

As we reported earlier this year, Amgen filed a petition for rehearing en banc to the Federal Circuit, arguing that the panel in Amgen v. Sanofi improperly created a new and heightened test for enablement of genus claims with functional limitations.

Copyright and the Right-to-Repair

Velocity of Content

I recall my long-ago first car through a nostalgic filter. It was a 1967 Ford Galaxie 500, in the 2-door, fastback model. It was fire-engine red in color and possessed of a an enormous, gas-guzzling V-8 engine that would basically take the vehicle to any highway speed you needed it to go.

Darth Vader versus the United States of America! (Okay, not really.)

Likelihood of Confusion

This post discusses what by all rights should be the most exciting case ever heard by any court anywhere. One of the plaintiffs is Darth Vader, and the defendant is. The post Darth Vader versus the United States of America! Okay, not really.) appeared first on LIKELIHOOD OF CONFUSION™.

“The Witcher” Season 2 Premiere Leaks Early on Pirate Sites

TorrentFreak

The Witcher is one of Netflix’s undisputed hit series. The first season, which came out at the end of 2019, was viewed by over 76 million people within a month. That was a record-breaking number at the time.

Sigma-Aldrich Joins the CRISPR Interference Fray

JD Supra Law

On June 21st,* the Patent Trial and Appeal Board declared two new interferences involving CRISPR technology. The first, Interference No.

Taylor Swift Knows Perils of Music Copyright Law “All Too Well”

McBayer IP Blog

Posted In contract , copyright , Intellectual Property It’s likely that you’ve heard about pop star Taylor Swift re-recording her old albums. Just a few weeks ago, she released Red (Taylor’s Version), a re-recording of her 2012 album Red.

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The CASE Act: One-Year Anniversary

Copyright Alliance

It’s almost the one-year anniversary of the CASE Act being passed into law. On December 27, the “Copyright Alternative in Small Claims Enforcement Act of 2019” will turn one year […]. The post The CASE Act: One-Year Anniversary appeared first on Copyright Alliance. Policy

Hosting Company Defeats Filmmakers’ “VPN Piracy” Lawsuit in Court

TorrentFreak

A group of independent film companies has taken the piracy liability issue to a new level this year.

Damages for Copyright Infringement before You Register Your Copyright

JD Supra Law

Let’s suppose that you have not registered your copyright in a book with the U.S. Copyright Office and you find someone has infringed your copyright by copying substantial portions of your book.

New York Court Is the Wrong Venue for UK GDPR Class Action–Finch v. Xandr

Technology & Marketing Law Blog

Maybe I’ve missed other cases in this genre, but I don’t recall seeing them. Xandr self-describes as “the only open, end-to-end platform for scaled, sophisticated campaigns on premium inventory across screens on premium inventory from CTV to data-driven linear and much more.”

Innovation Assessment: Gauging Viability with IQ Ideas Plus™

IP.com

Inventors come up with good—even great—ideas all the time. However, not every good idea is worthy of patent protection. Patenting takes time, money, and expertise. In order to use these.

Reddit Bans ‘No Way Home Leaks’ For Excessive Copyright Complaints

TorrentFreak

When it is released this Friday in the United States, the much anticipated Spider-Man: No Way Home is almost guaranteed to become one of the highest grossing movies in recent years. To some, however, its many secrets will already be known.

Who Owns the Royale With Cheese? - Miramax Sues Tarantino Over the Sale of Pulp Fiction Related NFTs

JD Supra Law

On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino.

General Court: no absolute protection for symbols of particular public interest

The IPKat

Kat friend Jan Jacobi reports on a consequential decision by the General Court on official symbols. Official symbols are generally protected under articles 7(1)(h) and 7(1)(i) EUTMR.

Why Hard Copy Articles Are Holding Strong in the Pharmaceutical Industry

Velocity of Content

I’ve been working with various organizations providing them personalized service in getting access to reprints essential to their success for over 10 years. Many of the clients I work with are pharmaceutical and similar life science companies.