Sat.May 21, 2022 - Fri.May 27, 2022

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Ukraine: Protecting Its Culture and its Future

Hugh Stephens Blog

The war grinds on. Every day we see distressing, tragic coverage of the brutal destruction wrought by Russian forces as they try to crush Ukraine’s resistance. How and when it will end is not evident at this point. The invasion is about territory, forms of governance, national ambitions, history and culture.

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Why You Can’t Make Someone Else’s Words Your Own

Plagiarism Today

The Jumi Bello plagiarism scandal became a national news story due to the meta-nature of the plagiarism. Any story about a plagiarism apology being pulled for plagiarism is going to make headlines, doubly so for plagiarizing from a site named Plagiarism Today. . But, as I said in my final thoughts on the case , the story is actually much deeper and raises much bigger questions.

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Trademark Protection for eSports and Gamers

Erik K Pelton

The following is an edited transcript of my video Trademark Protection for eSports and Gamers. The world of gaming has come a long way since my Atari 2600 and my addiction to Donkey Kong and Adventure and other, at the time, seemingly amazing games. The graphics, sound, and depth of the stories compared to what is out there now obviously pales in comparison.

Trademark 162
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Supply chains: To build resilience, manage proactively

McKinsey Operations

Supply chain upheavals show little sign of abating. Companies can address them by reconsidering outdated, short-term strategies and beginning the hard work of building structural resilience.

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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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TV Piracy is Growing Rapidly in the UK, Data Show

TorrentFreak

There is little doubt that, for many people, on-demand streaming services have become the standard for watching TV-shows. The convenience of watching TV series at the viewer’s pace is common nowadays. It was quite different 15 years ago when the on-demand experience was pretty much exclusive to pirates. TV Piracy Boom. Times have clearly changed but some old habits can be hard to kick.

Copyright 142
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Audi and the Challenge of Cross-Media Plagiarism Detection

Plagiarism Today

Over the weekend, the German carmaker Audi became the center of a massive plagiarism controversy as a new video campaign was accused of ripping off content from a prominent Chinese video blogger. The ad, which was produced by the London-based advertising agency M&C Saatchi, featured prominent Hong Kong actor and musician Andy Lau Tak-wah as he delivered a monologue about Xiaoman, the eighth solar term and second solar term of summer on the traditional Chinese calendar.

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The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act

SpicyIP

We’re pleased to bring you a guest post on a recent Supreme Court order where certain offences under the Copyright Act were held to be cognizable and non-bailable. The post is co-authored by Akshat Agrawal and Sangita Sharma. Sangita is a 3rd year student at Gujarat National Law University and has written for us earlier here. Akshat is a lawyer currently litigating at the Patna and Delhi High Courts.

Copyright 137
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Bogus DMCA Notices Sent to Google By Fake Google….To Protect Google?

TorrentFreak

DMCA takedown notices give copyright holders the ability to remove copies of their content from websites that have no right to distribute them. Billions of similar notices target search engines that carry links to similarly infringing content. Numerous scandals over the years have highlighted how sloppy notices have wrongfully targeted legitimate content but more worrying are those that appear to be calculated and malicious.

Copying 142
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3 Count: Bright House

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Records Labels and ISP Seek Summary Judgments in Piracy Lawsuit. First off today, Ernesto Van der Sar at Torrentfreak writes that both the internet service provider Bright House and the record labels suing it have filed motions for summary judgment, hoping to bring an early end to the lawsuit.

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Board of Appeal agrees that the description amendment requirement lacks legal basis (T 1444/20)

The IPKat

Following the excitement over T 1989/18 , there has been a second Board of Appeal decision finding a lack of legal basis for the requirement to amend the description in line with the claims. The decision in T 1444/20 found that it was not necessary for the applicant to delete claim-like clauses and redundant subject matter from the description, given that the claims were clear without need for recourse to the description.

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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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Tips From a Former Examiner: Pre-Appeal Brief Review

IP Watchdog

After two or more U.S. Patent and Trademark Office (USPTO) office actions on the merits, a patent applicant has the option to appeal the patent examiner’s decision rejecting one or more claims to a higher forum, i.e., the Patent Trial and Appeal Board (PTAB). Since 2005, the USPTO has provided an ongoing pilot program in which an appellant, upon the filing of a notice of appeal, may also request a pre-appeal brief review.

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How a Former Radio DJ Became a ‘VIP’ Music Uploader on The Pirate Bay

TorrentFreak

Two decades ago, when the file-sharing boom was just getting started, many people saw piracy as a mystical treasure hunt. At the time, record shops and video stores still dominated the street scene. That would soon be over, as offline entertainment swiftly moved online. Instead of listening to a CD at a local store, people started to sample music from the convenience of their own homes.

Music 139
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3 Count: Patchwork Lawsuit

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Federal Oracle-HP copyright fight kicks off in Silicon Valley. First off today, Natalie Hanson at Courthouse News Service reports that a trial between Oracle and Hewlett Packard (HP) has begun as Oracle accuses HP of infringing their rights to a variety of patches for the Solaris operating system.

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The Unrecognizable Bill C-11: The Online Streaming Act Comes to the Heritage Committee

Michael Geist

The Standing Committee on Canadian Heritage yesterday held the first of four planned day-long hearings on Bill C-11, the Online Streaming Act. Over the course of five hours, the committee heard from about a dozen witnesses. I was included on the opening panel and used my opening remarks to focus on two key issues: Bill C-11’s regulation of user content and its overbroad regulatory approach and the need for greater certainty.

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Rounding Up the Supreme Court Briefs in NetChoice v. Paxton, the Challenge to Texas HB20’s Social Media Censorship Law

Technology & Marketing Law Blog

A quick recap: last summer, Texas passed HB20, a #MAGA messaging bill that poses existential threats to the Internet as we know it. NetChoice and CCIA led a lawsuit seeking to enjoin most of it. In December, the federal district court granted the requested injunction based on the First Amendment. Texas appealed to the Fifth Circuit. After oral arguments in the case, the panel summarily lifted the injunction in a one-sentence order that did not explain its reasons for changing the status quo or p

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New Copyright Lawsuit Targets Uploaders of 10-Minute Movie Edits

TorrentFreak

When YouTube first got off the ground in 2005, most of its users would’ve been oblivious to how closely copyright law would govern their online activities moving forward. Seventeen years later, with billions of internet users now both consumers and creators of content, people are becoming more educated. Terms such as DMCA, copyright strike and fair use are now regular features in YouTube content creator communities but that hasn’t necessarily led to fewer infringements or happier rig

Editing 137
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3 Count: Fast Movies

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: New Copyright Lawsuit Targets Uploaders of 10-Minute Movie Edits. First off today, Andy Maxwell at Torrentfreak writes that, in Japan, a group of some thirteen movie companies have filed a lawsuit against a group of individuals and companies that make “fast movies”, or 10-minute versions of popular films.

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Why the Government’s New Telecom Policy Directive Means More of the Same for Canada’s Communications Competition Woes

Michael Geist

Innovation, Science and Industry François-Philippe Champagne unveiled the government’s proposed new telecom policy directive yesterday, hailing it as a “ historic step.” However, a closer look at the policy suggests that the only thing that is history are any immediate hopes for a more competitive communications marketplace in Canada.

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Keys to Eligibility: Preemption, History, and Levels of Abstraction

Patently-O

by Dennis Crouch. The US Solicitor General has provided her input–arguing that the Supreme Court should grant American Axle’s petition and decide whether the claimed method of manufacturing a driveshaft is patent eligible. American Axle & Mfg., Inc. v. Neapco Holdings LLC, Docket No. 20-891 (Supreme Court 2022). [ USDOJ Brief ]. A decade ago, the Supreme Court decided Mayo v.

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France is Fighting Piracy and Keeping it Alive at the Same Time

TorrentFreak

At the start of this year, a new bill went into effect in France that created a new regulatory body. The old HADOPI anti-piracy outfit merged with the Higher Audiovisual Council, creating the Audiovisual and Digital Communication Regulatory Authority ( Arcom ). In addition to the organizational change, the anti-piracy outfit was given new powers as well.

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The UPenn Admissions Plagiarism Scandal

Plagiarism Today

Last week, a petition appeared on the site Change.org that asked the admissions department at the University of Pennsylvania to investigate a pair of students who, according to the organizers, were admitted to a prestigious program at the university despite having heavily plagiarized crucial works. The group, identifying themselves as “For Justice in College Applications” specifically targeted two sisters, Annabelle (Seung Ah) Choi and Madeline (Myung Suh) Choi.

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USTR Needs to Step Up Trade Enforcement

IP Watchdog

As a former Chairman of the House Judiciary Committee and co-author of major patent legislation, I have a special interest in supporting and protecting U.S. intellectual property rights. So, I took note last month when the Office of the U.S. Trade Representative (USTR) released its latest Special 301 Report on Intellectual Property Protection and Enforcement.

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Transformation and ‘the more things change’: A conversation with Seth Goldstrom

McKinsey Operations

The definition of transformation has evolved over the years. McKinsey senior partner Seth Goldstrom discusses that evolution and some of the core elements that remain essential to transformation success.

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Takedown Galore: 10 Years of Google DMCA Notice Transparency

TorrentFreak

Exactly ten years ago, Google expanded its transparency report with a new section dedicated to DMCA takedown requests. For the first time, outsiders were able to see what URLs copyrights holders targeted and in what quantity. The decision to make this information public was in part triggered by a rapid increase in removal requests. This was having an impact on the “free flow of information”, according to the search engine. “We believe that openness is crucial for the future of

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Supreme Court’s S. 63 Copyright Decision: Sub Silentio and Limited Value?

SpicyIP

We’re pleased to bring you a guest post by our former blogger Aparajita Lath. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. The views expressed in this post are personal. Her previous posts on the blog can be viewed here and here. Supreme Court’s S. 63 Copyright Decision: Sub Silentio and Limited Value?

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IPWatchdog’s Patent Litigation Masters: Waving a Wand to Fix U.S. Patent Litigation

IP Watchdog

Day two of IPWatchdog’s Patent Litigation Masters Program yesterday included panels on IP Finance, Mega Verdicts in Patent Litigation, Expert Witnesses and the Fintiv Saga. During the latter panel, former U.S. Court of Appeals for the Federal Circuit Judge Kathleen O’Malley joined other speakers to discuss the effects of the Patent Trial and Appeal Board’s (PTAB’s) Fintiv decision, a controversial precedential PTAB opinion that outlined factors for the Board to consider in choosing whether to di

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Can a Copyright Registration be Invalidated based on Mistakes in the Copyright Application?

JD Supra Law

Suppose that you want to register your copyright by preparing and filing a copyright application with the U.S. Copyright Office. What if you were unaware that you made some mistakes in the copyright application and the copyright application issued into a copyright registration? You subsequently find that someone is infringing your copyright registration and you file a lawsuit against them for copyright infringement.

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Blizzard: No Piracy Filters? That’s Evidence of Intentional Infringement

TorrentFreak

This week marked the 10th anniversary of Google’s important decision to begin publishing DMCA takedown notices sent to the company. Over the last decade, online platforms including Twitter, Wikipedia, Medium and Github joined this transparency movement by submitting their notices to the Lumen Database. This archive not only allows rightsholders to monitor trends relevant to them, but also shines light on how copyright can be abused to impede the free flow of information.

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Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

IPilogue

Raenelle Manning is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 3, 2022, Bishop David P. Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. Moten sought damages from West and co-defendants, G.O.O.D Music, Def Jam Recordings and Universal Music Group.

Fair Use 111
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DOE’s Misuse of Bayh-Dole’s ‘Exceptional Circumstances’ Provision: How Uniform Patent Policies Slip Away

IP Watchdog

A principal purpose of the Bayh-Dole Act of 1980 was imposing a uniform patent ownership policy on all federal agencies. Previously, agencies took rights to inventions made with their funding, but over the years they had developed a multiplicity of often conflicting procedures for filing appeals, with some agencies having different policies for different programs.

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What will it take to boost Latino economic power?

McKinsey Operations

McKinsey research reveals interventions that can help boost Latino participation in the US economy and strengthen the nation’s economic performance overall.

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Tor Project Unblocked But Russia Demands Censorship, Embroils Google

TorrentFreak

After years of government censorship to suppress dissent and maintain authorized narratives, unfiltered internet access in Russia is seen as a threat. Russia’s measures include a massive domain name and IP address blocklist governing what services can be legally delivered by ISPs. Whether that’s the “extremist organization” behind Facebook and Instagram, BBC News, Google News, or thousands of streaming and torrent sites, access is routinely denied.

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FBI Director Wray: ‘China has stolen more of Americans’ personal and corporate data than every nation combined’

IP Close Up

China is responsible for more hacking and IP theft of U.S. information and intellectual property than all other nations combined. “The biggest threat we face Continue reading.

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To Patent or Not? Take a Hard Look at These 3 Things

JD Supra Law

A movement is brewing among workers, perhaps emboldened by the robust labor market and pandemic-induced introspection. Whatever the reason, many are deciding to pursue success on their own terms — as entrepreneurs — now.

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Outgoing New Zealand Rugby President Bill Osborne on strategy and leadership

McKinsey Operations

The outgoing president of New Zealand Rugby discusses how his Maori background and time playing for the All Blacks have shaped his business career.

Business 117