Sat.Nov 20, 2021 - Fri.Nov 26, 2021

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Those Problematic Comments on Facebook—Who Bears Responsibility for Them??

Hugh Stephens Blog

Unless you have been living in a cave, you will be well aware of Facebook’s current travails, fed by whistle-blower Frances Haugen’s explosive testimony about how Facebook researched but ignored findings that suggested the company’s algorithms were harming individual users by promoting content that kept them engaged—but at a cost to their mental wellbeing.

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3 Count: Pirate NFTs

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: British Man Pleads Guilty in New York Over Global Movie Piracy Scheme. First off today, Jonathan Stempel at Reuters reports that UK citizen George Bridi has pleaded guilty in a New York courtroom to his involvement in a global piracy ring dubbed the Sparks Group. According to his confession, Bridi, as well as other members of the group, would get pre-release copies of movies from wholesalers, defeat the copyright

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What are Letters of Protest at the USPTO?

Erik K Pelton

The following is an edited transcript of my video Letters of Protest at the USPTO. There is a tool that comes into play in a very small percentage of trademark application filings—but is an important tool to know about—called a letter of protest. It’s important to know about because sometimes you might want to send a letter of protest regarding somebody else’s trademark filing.

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Benefits and Considerations for Patent Prosecution under Patent Prosecution Highway in the U.S., Europe, China, and Singapore

Intellectual Property Law Blog

I. Introduction. Patent Prosecution Highway or PPH is a set of initiatives promulgated by participating patent offices around the world to accelerate patent prosecution in countries of the participating patent offices. PPH allows the participating patent offices to share information and to benefit from work performed by other participating patent offices, and thereby reducing examination workload and improving quality of patents.

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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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Book review: Performing Copyright: Law, Theatre and Authorship

The IPKat

As a previous drama student herself (who'd have guessed it!), this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre.

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5 Thanksgiving Copyright and/or Plagiarism Stories

Plagiarism Today

It’s Thanksgiving week in the United States and many families will be gathering to enjoy a holiday meal, some time together, and the start of the holiday season. Two things that won’t be on many people’s minds will be copyright and plagiarism issues. They are two topics not routinely paired with stuffing and turkey. That said, that doesn’t mean that there aren’t ways these issues have influenced the holiday.

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Research Exceptions in Comparative Copyright Law

Kluwer Copyright Blog

Promoting research and access to its products has always been a core purpose of copyright law, often expressed in limitations and exceptions for research uses. Recent legal scholarship has examined the need for copyright exceptions for text and data mining (TDM) methodologies, and the doctrines recently enacted to achieve this purpose. Empirical scholarship has highlighted the positive impact on scholarship of copyright exceptions for TDM and of more “open” exceptions for research uses.

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Photographer’s SCOTUS Petition Argues State School Liable Under Takings Clause for Copyright Infringement

IP Watchdog

On November 15, Houston-area aerial photographer Jim Olive Photography filed a petition for writ of certiorari asking the U.S. Supreme Court to take up an appeal from the Texas Supreme Court, which had denied Olive’s copyright claims against the University of Houston System on sovereign immunity grounds. In the petition, Olive requests that the Supreme Court simply grant certiorari, vacate the lower decision and remand for reconsideration of the issues in light of the Court’s decision this summe

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ToolGen Files Motion to Exclude Evidence, Broad Opposes, and ToolGen Replies in Interference No. 106,126

JD Supra Law

On October 1st, Senior Party ToolGen Inc. filed its Motion to Exclude certain evidence presented by Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") in Interference No. 106,126. Broad filed its Opposition to ToolGen's motion on October 8th, and ToolGen filed its Reply on October 15th.

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Founder of Piracy & Subtitling Site YYeTs Sentenced to 3.5 Years in Prison

TorrentFreak

While China needs little prompting to shut down or block any websites that don’t fit a locally-approved profile, sometimes it needs encouragement from overseas. In 2014 the MPAA highlighted the activities of China-based YYeTs.com, a site known locally as Renren Yingshi. The platform was described as the most popular download site for copyrighted content in China, providing links in various formats, including for the popular Xunlei and BitTorrent clients.

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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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Two More Courts Tell Litigants That Social Media Services Aren’t State Actors

Technology & Marketing Law Blog

Pro se litigants often claim that Internet services are state actors. Those claims have been universally rejected by courts. Yet some legislators and regulators, funded by our tax dollars, are taking the same meritless position… Sescey v. YouTube , 2021 WL 5399916 (E.D. Pa. Nov. 18, 2021). Based on the Complaint’s allegations, it appears the named Defendants – a private social media company and its legal department – are not subject to liability under Section 1983.

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This is What’s at Stake if WTO Removes Protections for Lifesaving Medicines

IP Watchdog

Experts agree: The COVID-19 vaccines are one of humanity’s greatest achievements. The previous record for vaccine delivery was almost five years; today’s innovators delivered the COVID-19 vaccines in less than one. The achievement is a testament to the dedication of those innovators, as well as the strength of the policy framework that supports their work.

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Whitney Houston’s Never-Before-Heard Demo is Now Available as NFT

JD Supra Law

This December, the estate of Whitney Houston plans to sell a demo recorded by then 17-year-old Whitney Houston, minted as a NFT on the OneOf sales platform. The-never-before-heard-track will be unveiled on December 1st during Miami Art week (held from November 29 to December 5, 2021).

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Court Orders Telegram to Block Access to Piracy Channels With Millions of Members

TorrentFreak

With over a quarter billion active users, Telegram is one on the most used messaging apps. In addition to direct chats, the application also allows people to create channels through which they can broadcast messages to unlimited audiences. This feature is regularly abused by pirates. These Telegram troubles were pointed out by the Motion Picture Association (MPA) just recently.

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Taking a Cue from Aaron Moss, Further Thoughts about Miramax v. Tarantino

The Illusion of More

The blog Copyright Lately by attorney Aaron Moss is a must-follow for copyright nerds. His posts are always lively and filled with historic details or other arcana that will appeal to the true enthusiast, and in that spirit, Moss’s latest post got me thinking. It’s about the Battaille Royale between Quentin Tarantino and Miramax Pictures […]. The post Taking a Cue from Aaron Moss, Further Thoughts about Miramax v.

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OSFI Launches Consultation On Draft Technology And Cyber Risk Management Guideline

IPilogue

M. Imtiaz Karamat is an IP Osgoode Alumnus and Associate Lawyer at Deeth Williams Wall LLP. This article was originally posted on E-TIPS For Deeth Williams Wall LLP on November 24, 2021. On November 9, 2021, the Office of the Superintendent of Financial Institutions (OSFI) launched a public consultation on Draft Guideline B?13: Technology and Cyber Risk Management (the Guideline).

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Key Considerations for IP Rights in Tech Transformation Projects

JD Supra Law

Companies are transforming legacy systems, implementing automation and artificial intelligence tools, embedding digital capabilities into their products, shifting to cloud solutions and leveraging technology to better connect to their customers, personnel, and third parties, all at an unprecedented pace.

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RIAA Takes Down Popular Music Piracy Discord Over Adele ’30’ Leak

TorrentFreak

Most mainstream music is available on commercial services, for streaming or download, on the same date in dozens of countries around the world. Among other things, the coordinated Friday release scheme was designed to reduce piracy. While for the vast majority of legitimate consumers this is sufficient to level the playing field, there is a smaller but significant subsection of music fans who not only prefer to have content more quickly, but also at zero cost.

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Developing an M&A Strategy with Patent Data

IP.com

Mergers and acquisitions should align with your overall business strategy and, by extension, your IP strategy. Mutually beneficial acquisitions are never because of a “gut instinct” but rather a data-backed. The post Developing an M&A Strategy with Patent Data appeared first on IP.com - IP Innovation and Analytics.

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The Infamous Defense of Inequitable Conduct

Kashishipr

What is Inequitable Conduct? Obtaining a patent is an uphill battle. Even after a patent is secured, it is not the end of all battles. There are instances where a patent holder may be deterred from enforcing his patent against an act of infringement on account of equitable defenses like unclean hands, estoppel, or laches. One of such defenses is the doctrine of inequitable conduct, which is referred to as a breach of the duty of being honest or acting fraudulently in conduct while dealing with t

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Current or Ongoing? An Interesting Trend in Intellectual Property News

IPilogue

Photo by Marvin Meyer ( Unsplash ). Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . As I searched for a topic for this blog post, I encountered a common theme: the Canadian technology sector is constantly asking for more action from the Canadian government aimed at fostering innovation in the community. Whether creating laws to help govern start-ups, eliminating laws to encourage innovation, or collaborating with other countries to combine resources, the sec

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Dubious Outfit Uses Copyright Claims for Black Hat SEO Scheme

TorrentFreak

At TorrentFreak, we write about copyright issues on a daily basis. However, this week we find ourselves on the receiving end of an infringement claim. A few days ago we received an email from Robert Bradley at Photocredit.org. The outfit accused us of using a photo in one of our articles without permission from the copyright holder. Attribution Required.

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Beyond the Breach: Is your Software Supply Chain at Risk of Failure?

JD Supra Law

As reliance on outsourced Cloud software increases organizations need to manage supply chain risk and implement Cloud backup solutions which enable application and data continuity following disruption. Read on to learn more. Just because your critical assets are in the cloud it doesn’t mean they’re protected – in fact it’s quite the opposite. A Cloud backup solution can minimize downtime and enable business continuity and secure disaster recovery.

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Is the PTAB Unconstitutionally Biased?

The IP Law Blog

In Mobility Workx, LLC v. Unified Patents, LLC, (Fed. Cir. 2021), the Federal Circuit Court of Appeals addressed challenges to the constitutionality of the structure of the Patent and Trademark Office’s Patent Trial and Appeal Board. Mobility owned a patent for a wireless communication system. Mobility sued T-Mobile and Verizon Wireless for patent infringement in the Eastern District of Texas in 2017.

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Evolving Perspectives: USPTO Call for Comments on Patent Eligibility Comes to a Close (Part 1)

IPilogue

Photo by Element5 Digital ( Pexels ). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. On October 15, 2021, the U.S Patent and Trademarks Office (USPTO) closed the public comment period on the contentious topic of patent eligibility. provided contrasting viewpoints on the matter, with some corporations urging legislative reform, and others quite pleased with the current state of law.

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MPA Obtains New Pirate Streaming Blocks, ACE Seizes More IPTV Domains

TorrentFreak

When local courts first grant copyright holders permission to block a pirate site, it is almost guaranteed that will be the first of many similar requests. In the UK, copyright holders have been blocking pirate sites for more than a decade and every month additional sites are added to the ever-growing list. Actioned under Section 97A of the Copyright, Designs and Patents Act 1988, blocking injunctions are executed by the major ISPs, who together control the vast majority of the market.

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The U.S. Trademark Office Says ?8-THC Is Illegal -- Usually

JD Supra Law

The decriminalization of cannabis in some states, and its partial decriminalization at the federal level, has created an explosive market for cannabis itself and the myriad chemicals that compose the plant. The 2018 Farm Bill (i.e., Agriculture Improvement Act of 2018) decriminalized those cannabis plants and parts having low concentrations (up to 0.3% by dry weight) of delta-9-tetrahydrocannabinol (?

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Russia approves radical new anti-counterfeiting plans

IAM Magazine

A decisive new strategy looks set to transform the war on fake goods in Russia. The measures will extend landlord liability for counterfeits and will initially apply to priority sectors only – although there are already discussions underway about extending them.

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WIPO’s “Closing the Gender Gap: Looking at Good Practices” shows us how to forge the path for gender parity in IP, from any part of the world

IPilogue

Photo by Pixabay ( Pexels ). Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. On October 12, 2021, the World Intellectual Property Organization (WIPO) held its third part of the series “Closing the Gender Gap in IP,” titled “Looking at Good Practices.” This part of the series looks to the existing policy changes that, according to the session’s moderator Aurora Diaz-Rato Revuelta, a UN ambassador for Spain, will “trace the path t

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Stream-Ripping Site Yout.com Blocked in Brazil Following Criminal Complaint

TorrentFreak

YouTube doesn’t have a download functionality but there are numerous ‘stream-ripping’ services available on the web that offer just that. These tools have legal uses but they are also a thorn in the side of music industry outfits, who see them as a major piracy threat. This concern was illustrated last year when an RIAA takedown notice wiped youtube-dl off GitHub , a decision that was eventually reversed.

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USPTO News Briefs - November 2021

JD Supra Law

USPTO Delays Fee for Failure to File Applications in DOCX Format - In a notice published in the Federal Register earlier today (86 Fed. Reg. 66192), the U.S. Patent and Trademark Office announced that it was delaying the effective date for assessment of the fee for filing patent applications that are not in the DOCX format.

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Privacy Tip #308 – Keep the Holiday Shopping Season Cyber Safe

LexBlog IP

As we enter the holiday shopping season, cyber criminals are sharpening their cyber-scam strategies. We like to remind our readers about the enhanced risk during the holidays [view related posts here, here , and here ]. There has been an increase in online shopping over the years, and particularly since the pandemic began. The holiday season is such a risky time with the potential to become the victim of a cyber-attack that the U.S.

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Johan Örtenblad

IAM Magazine

"I get to be a part of each client’s journey, building value at the forefront of technical developments. This whole experience is very meaningful to me, both when dealing with start-ups and established businesses.".

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Online Piracy Increases Among Young Finns, But Legal Consumption is Up Too

TorrentFreak

Finnish market research company Taloustutkimus Oy has published its Copyright Barometer report for 2021. It aims to shine light on the content consumption trends of 15 to 79-year-olds and corresponding attitudes towards copyright and piracy. Overall, nine out of ten Finns cited copyright as an important issue with only 2% finding it either very or fairly useless.

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The unbearable dumbness of threatening

Likelihood of Confusion

I’ve made a career here of tut-tutting the impolitic and brand-negating utterance of baseless cease and desist and other threatening letters based on IP infringement, including this recent post about. The post The unbearable dumbness of threatening appeared first on LIKELIHOOD OF CONFUSION™.