Sat.Aug 06, 2022 - Fri.Aug 12, 2022

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Academic Influence Releases Free Tool to Detect Ghostwriting

Plagiarism Today

Recently, the website Academic Influence, best known for its custom college ranking tool , released a free tool that it says can help instructors detect ghostwritten content. The new tool is entitled GhostDetect , and it works by analyzing a reference text that is known to be written by the author and a query text that is in question. The two works are then put through roughly a dozen different tests, each that produce quantifiable results that can be compared between each other.

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Building a Bold Brand Wheel: 8 Types of Bold Brand Names

Erik K Pelton

The following is an edited transcript of my video Building a Bold Brand Wheel: 8 Types of Bold Brand Names. I am always looking for ways to help take trademark and branding concepts and boil them down to a visual or a quote, or some way to help convey something that’s complex in a bit more digestible manner. And I have talked a lot about bold brand names, and how to build them, and the different types of literary tools that can be used to create bold brand names.

Branding 147
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Netflix Piracy Thrives as Subscribers Rethink Their Streaming Subscriptions

TorrentFreak

As the first major legal subscription streaming service on the Internet, Netflix paved the way for a streaming revolution. The company began competing with piracy from the get-go, branding itself as a superior alternative. In the early years, the strategy paid off. Millions of subscribers switched from casually consuming pirated content on unlicensed platforms in favor of a convenient and reasonably-priced legal alternative.

Marketing 145
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How to make ESG real

McKinsey Operations

While ESG is likely to evolve both in substance and name in the coming years, its underlying impulse is here to say. Here’s how companies can take a more systematic and rewarding approach to ESG.

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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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3 Count: The Search People

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Microsoft Sues “Black Market” Software Distributor for TM and Copyright Infringement. First off today, Christina Tabacco at Law Street reports that Microsoft has filed a copyright infringement lawsuit against The Search People Enterprises over allegations that the company distributed pirated copies of Microsoft products.

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Examples of Great Branding

Erik K Pelton

What branding lessons can be gleaned from other successes? In this episode, Erik shares several great examples of such branding lessons and how they might help boost your branding. The post Examples of Great Branding appeared first on Erik M Pelton & Associates, PLLC. What branding lessons can be gleaned from other successes? In this episode, Erik shares several great examples of such branding lessons and how they might help boost your branding.

Branding 147

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A Plea to Senator Tillis: Words Matter in Section 101 Reform

IP Watchdog

In U.S. government, setting public policy is the sole and exclusive domain of Congress. The laws they pass effectuate the public policy positions that Congress alone has the power to set. In law, words are everything. The precise meaning of the words in law determines whether the public policy is implemented as intended by Congress. Altering the meaning of just one word can change the entire public policy set by Congress, even turning the public policy on its head.

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3 Count: Settled Again?

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Charter Settles Piracy Liability Lawsuits With Major Record Labels. First off today, Ernesto Van der Sar at Torrentfreak writes that internet service provider Charter Communications has reached a second settlement with the major record labels over allegations that it failed to do enough to stop piracy on its service.

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Where delegation fails: Five things only the enterprise CEO can do to build new businesses

McKinsey Operations

Business building is increasingly important for company resilience, and CEOs are uniquely suited for the job. Here are five tasks that CEOs can undertake to build successful new businesses.

Business 121
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House of the Dragon Leaks: HBO Wields DMCA in Hunt For Mystery Reddit User

TorrentFreak

Few people need to be reminded of the massive success story attached to HBO’s hit TV series, Game of Thrones. Aside from massive viewing numbers, the fantasy drama generated headlines due to various piracy-related controversies, including leaked episodes and the setting of piracy records , with the latter responsible for a global surge in internet traffic.

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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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Win for Photographer in Ninth Circuit Reversal of Fair Use Finding

IP Watchdog

On August 3, the U.S. Court of Appeals for the Ninth Circuit issued a ruling in McGucken v. Pub Ocean Ltd. that reversed a Central District of California’s sua sponte grant of summary judgment to Pub Ocean on McGucken’s copyright infringement claims. The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019.

Fair Use 120
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3 Count: Lit Appeal

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Music Producer Challenges Copyright Infringement Claims Over Hit Rap Song. First off today, Megan Butler at Courthouse News Service reports that the 11th Circuit Court of Appeals heard arguments in a lawsuit over the 2016 hit rap song Everyday We Lit. The case was filed by rapper Anthony Campbell against Rayshawn Lamar Bennett, Rakin Hasheem Allen, who performed on the track, as well as their record label, Think

Cinema 184
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Announcing the Sixth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Technology & Marketing Law Blog

Rebecca Tushnet and I are pleased to announce the sixth edition of our casebook, Advertising & Marketing Law: Cases & Materials. It is available for purchase in the following formats: * DRM-free PDF file. Price: $12. * Kindle. Price: $9.99. * Print-on-demand hard copy from Amazon. Price: $30 + shipping and tax. Buyers of the hard copy can also get a free PDF file by emailing me a copy of their receipt showing which edition they bought.

Editing 118
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$32.5m Pirate IPTV Lawsuit Must Be Dismissed Due to ‘Encrypted Traffic’

TorrentFreak

DISH Network’s campaign against the pirate IPTV ecosystem is large but also unique. Anyone involved, from the biggest fish to the smallest fry, is a potential target. From those who capture or distribute streams to those who sell, resell, or buy them, DISH and partner Nagrastar can easily come up with a tailored cash settlement or a full-blown lawsuit.

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Blow to AI, Clarity for Humans: Key Insights from the DABUS Rulings

IP Watchdog

The August 2019 announcement that two patent applications had been filed naming an artificial intelligence (AI) algorithm as an inventor in the United States and a dozen other countries was regarded as disruptive and profound at the time. It was one of the hot topics in patent law during those last few months before the pandemic. But since then, given all the other crazy and disorienting stuff that has happened in the world, we have become desensitized to the question, even if it is just as radi

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Ephemera and Other Fair Use Defenses

The Illusion of More

I understand pursuing a fair use defense in a copyright case when the user of a work does something new and creative and believes there is a plausible argument to be made. I also understand why copyright skeptics file amicus briefs seeking opinions that would change the fair use doctrine. But what I find astonishing […]. The post Ephemera and Other Fair Use Defenses appeared first on The Illusion of More.

Fair Use 117
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A Short Explainer of Why California’s Social Media Addiction Bill (AB 2408) Is Terrible

Technology & Marketing Law Blog

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. Monday, I covered AB 2273, the Age-Appropriate Design Code. Yesterday, I covered AB587, an editorial transparency law. Today, I’m covering AB 2408, a performative “protect kids online” bill that kick kids off social media entirely and ruin the Internet for adults too.

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Pirate Sites Using Twitch To Stream TV Shows Face Hollywood Investigation

TorrentFreak

In today’s ‘click-and-play’ world, almost anyone can launch their own pirate site. Servers ready to accept self-installing scripts are available in minutes, and for those with no time to source movies and TV shows, there’s no shortage of suppliers ready to sell access to vast libraries in a similar timeframe. At the other end of the market, cutting costs to maximize slender advertising revenues appears to be more important than a glossy user experience.

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Overcoming the cost of healthcare transformation through partnerships

McKinsey Operations

Players are adapting to the evolving healthcare landscape by using a range of partnership models—beyond M&A—to create value. Anticipating and avoiding five common mistakes can be key for success.

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On Remand from SCOTUS, CAFC Again Upholds Ruling for Hologic Based on Assignor Estoppel

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today, in a precedential decision, revisited its 2020 holding that the doctrine of assignor estoppel bars Minerva Surgical, Inc. from challenging the validity of Hologic Inc.’s patent directed to a device for treating a uterus. The decision comes on remand from the U.S. Supreme Court, which vacated the 2020 ruling and returned it to the CAFC for further consideration of the Justices’ determination that the doctrine of assignor estoppel com

Patent 116
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“THE” End: The Ohio State University Registers “THE” Trademark

IPilogue

Ariel Goldberg is an incoming 1L JD candidate at Osgoode Hall Law School. On June 21, 2022, the U.S. Patent and Trademark Office (“USPTO”) granted The Ohio State University trademark protection for the most common English word : “THE”. However, the fashion house Marc Jacobs has a pending trademark application for an identical “THE” mark. Both “THE” marks are filed under the Class 25 under the Nice classification system, which specifies trademark protection for uses on clothing and headwear.

Trademark 112
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Cheat Seller AimJunkies Uses Subpoenas to Fire Back at Bungie

TorrentFreak

Last summer, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the alleged creators of the Destiny 2 cheating software. AimJunkies argued that cheating isn’t against the law. In addition, it refuted the copyright infringement allegations; these lacked any substance and were ungrounded because some of the referenced copyrights were reg

Copyright 125
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Product development in the era of digital transformation and sustainability

McKinsey Operations

Because of digital and sustainability trends, R&D organizations are facing an increasingly complex landscape. Developing the necessary organizational structures and capabilities is urgent.

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AI Need Not Apply: Federal Circuit Holds Artificial Intelligence Cannot Be an Inventor

JD Supra Law

On August 5, 2022, in Thaler v. Vidal, No. 21-2347 (Fed. Cir. Aug. 5, 2022), the Federal Circuit held that an artificial intelligence (“AI”) system cannot be listed as an inventor on a United States patent. In rejecting a researcher’s effort to list an AI system he created as an inventor on two patent applications, the court noted that the Patent Act is “unambiguous” that only a natural person can qualify as an inventor.

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Artificial Intelligence and Data Act (AIDA) signals more AI regulation to come

IPilogue

Aaron Dishy is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. The proposed Artificial Intelligence and Data Act (AIDA) would introduce greater regulation of the use and development of artificial intelligence (AI) in Canada’s private sector. On June 15 th , 2022, the Minister of Innovation, Science and Industry, François-Phillippe Champagne introduced Bill C-27 , or the Digital Charter Implementation Act, 2022.

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Brazil’s New IPTV Anti-Piracy Blocking Plan Prepares to Bypass Judiciary

TorrentFreak

Despite taking significant action to reduce all kinds of online piracy, Brazil remains on the United States Trade Representative’s ‘ Watch List ‘ Lack of effort doesn’t appear to be the problem, however. The São Paulo Court of Justice ordered major ISPs to block file-hosting platform Mega in 2019, but within days the ruling was overturned.

Cinema 124
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Patent Filings Roundup: Jeffrey Gross Assertion Tests West Texas Order; Failure to Serve Leads to Taasera Declaratory Judgment; Farm Software Dispute Sparks Suit

IP Watchdog

There were 33 Patent Trial and Appeal Board (PTAB) proceedings (all inter partes reviews [IPRs]), with just 42 new district court patent filings this week. That, coupled with 67 terminations, suggests that either it’s the summer doldrums, or the Western District of Texas/Waco reshuffling order is having an immediate impact on filings, as would-be plaintiffs reassess venue choices—at least in the short term.

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No Brain, No Gain: U.S. Patent Inventors Must Be Human

JD Supra Law

The U.S. Court of Appeals for the Federal Circuit has agreed with the U.S. Patent Trademark Office (PTO) in holding that artificial intelligence (AI) cannot be considered an “inventor” for purposes of obtaining patents.

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Bill C-27: Canada Introduced Its First Legislation on the Development and Use of Artificial Intelligence in the Private Sector

IPilogue

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. On June 16, 2022, the Canadian government tabled Bill C-27 “ An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts.

Privacy 106
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BREIN Took 349 Pirate Sites and Services Offline Last Year

TorrentFreak

When it comes to civil anti-piracy enforcement, BREIN is without a doubt one of the most active players in the industry. The group, which receives support from Hollywood and other content industries, has a track record of targeting a wide range of piracy threats, both large and small. While most of these anti-piracy actions are the result of in-house investigative work, BREIN certainly doesn’t shy away from court appearances, where setting a favorable precedent is seen as more important th

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Where Was the Board? AdRev and YouTube Play Essential Supporting Roles in one of the Biggest YouTube Scams According to Billboard’s Reporting by @wordsbykristin

The Trichordist

By Chris Castle And that’s saying a lot. Thanks to first-class investigative reporting by Kristin Robinson at Billboard, the story of what looks to be one of the… Read more "Where Was the Board? AdRev and YouTube Play Essential Supporting Roles in one of the Biggest YouTube Scams According to Billboard’s Reporting by @wordsbykristin".

Reporting 104
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Intellectual Property Bulletin - Summer 2022

JD Supra Law

In This Issue - Transformative Fair Use: Does Andy Warhol Qualify? On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn Goldsmith’s photograph of Prince (the musician) to create illustrations in his classic pop art style was fair use.

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Notes on CSUSA’s Breaking News Series: Supreme Court of Canada Rules on “Making Available”

IPilogue

Emily Chow is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. I recently attended the Copyright Society of the USA’s event, “Breaking News Series: Supreme Court of Canada Rules on ‘Making Available’” , which featured IP Osgoode’s own Professor David Vaver alongside Professor Ysolde Gendreau from the University of Montreal in a discussion regarding the Supreme Court of Canada’s recent decision in Society of Composers, Authors and Music Publishers of Canada (“SOCAN”) v Enterta

Music 106
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Leaseweb Asks Court to Dismiss Copyright Infringement Lawsuit

TorrentFreak

With datacenters in Europe, Asia and the United States, Leaseweb is a big player in the hosting space. The Dutch company has thousands of customers that come in all shapes and sizes. This includes some that are labeled as pirate sites or otherwise find themselves accused of copyright infringement. This hasn’t gone unnoticed. Ten years ago it was revealed that Megaupload hosted hundreds of servers at Leaseweb and, at one point, Hollywood even considered taking the company to court.

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Does ESG really matter—and why?

McKinsey Operations

Although valid questions have been raised about ESG, the need for companies to understand and address their externalities is likely to become essential to maintaining their social license.

Licensing 106