Sat.Oct 15, 2022 - Fri.Oct 21, 2022

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Lawyer Sanctioned for Plagiarizing Opposing Counsel

Plagiarism Today

The boundaries of plagiarism vary wildly depending on the type of, the field that it is in, and the expectations of the audience. For example, a fiction author isn’t held to the same standards as an academic scholar, who isn’t held to the same standards as a songwriter. The rules of plagiarism change based on the norms of the space the work is in. One of the more complicated areas to look at has always been the legal field.

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The 5 Ws of Copyright Registration

Erik K Pelton

What is a copyright registration? Who can register? When should you register? Where is a copyright registered? And finally, why would you want to register? Learn more in this episode. The post The 5 Ws of Copyright Registration appeared first on Erik M Pelton & Associates, PLLC. What is a copyright registration? Who can register? When should you register?

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Power spike: How battery makers can respond to surging demand from EVs

McKinsey Operations

As the auto market embraces electric vehicles, battery demand is soaring. Bold moves in gigafactory construction, supply chain strategy, and talent acquisition can help industry players get ahead.

Marketing 142
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Government Funding For an Anti-Semite: They Knew For a Month. And Did Nothing.

Michael Geist

The Laith Marouf/CMAC incident took another turn today as Globe and Mail has a report that the Prime Minister’s Office knew for a month that the government was funding an anti-semite as part of its anti-hate program. And it did nothing. I have written previously about how calling out government ministerial silence on this issue led Liberal MP Chris Bittle to suggest I am racist and a bully.

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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 Blacksmith Shop

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Miley Cyrus Settles Paparazzo Copyright Dispute. First off today, Chris Cooke at Complete Music Update reports that Miley Cyrus has settled a lawsuit filed by photographer Robert Barbera over a photograph that Barbera took of Cyrus. Barbera filed the lawsuit, alleging that Cyrus posted a photo he took on her various social media presences.

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RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat

TorrentFreak

Artificial Intelligence (AI) is a buzzword that’s frequently used by startups and established businesses in the tech industry. In some cases, it refers to little more than advanced algorithms, but complex self-learning computer systems with human-like traits are actively being developed as well. From a copyright perspective, AI can bring up some interesting questions.

Music 137

More Trending

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On the cusp of a new era?

McKinsey Operations

Current economic and political turbulence could presage the start of a new era that is structurally very different with a new narrative of progress.

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Kevin Kruse Cleared of Plagiarism Though Questions Remain

Plagiarism Today

Back in June, we looked at the case of Kevin Kruse , a Princeton professor known as “history’s attack dog” for his criticisms of right-wing talking points, in particular on Twitter. At that time, Kruse was facing allegations that he had committed plagiarism, first in his 2000 dissertation at Cornell University and later in his 2015 book One Nation Under God: How Corporate America Invented Christian America.

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Manga Piracy Sites Targeted in US Court Have Reappeared in Russia

TorrentFreak

Over the past few years, rightsholders in Japan have shown new urgency in their fight against piracy. Strict laws on home soil mean that overseas pirate sites pose the biggest threat and with that, new sets of challenges. The successful prosecution of Mangabank’s operator in China this summer was preceded by an ex parte application designed to reveal his identity.

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Website terms of service – enforceable or preempted?

JD Supra Law

There is a deepening circuit split on whether the US Copyright Act preempts contract claims arising from terms of service. A recent petition to the US Supreme Court by a song lyrics website highlights this, with potentially broad implications for the enforceability of website terms of service.

Contracts 123
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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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Social commerce: The future of how consumers interact with brands

McKinsey Operations

Browsing and shopping directly on social media platforms is a core feature of e-commerce in China. Now, this dynamic new way of buying is poised for rapid growth in the United States.

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3 Count: Noisy Hill

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat. First off today, Ernesto Van der Sar at Torrentfreak writes that the RIAA has submitted its recommendations to the United States Trade Representative (USTR) regarding international notorious markets for piracy.

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Neutral Intermediaries are Not Notorious Piracy Markets, Coalition Warns

TorrentFreak

Earlier this month, several prominent copyright holder groups sent their annual “notorious markets” recommendations to the U.S. Trade Representative (USTR). The U.S. Government uses these documents as input for its yearly review of notorious piracy markets, which aims to provide an overview of threats to various copyright industries. The recommendations, including those from the RIAA , MPA , and ESA, traditionally focus on well-known piracy sites such as The Pirate Bay and Fmovies.

Marketing 124
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White Paper Proposes Solutions for Overhaul of Section 512

IP Watchdog

The International Center for Law and Economics (ICLE) released a white paper on Thursday arguing that Section 512 of Title 17 of the Copyright Act has been a failure, and it should be reevaluated and overhauled. Congress passed Section 512 as part of the Digital Millennium Copyright Act (DMCA), and authors Kristian Stout and Geoffrey Manne argue the federal courts have written out key provisions in the law.

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AWF v. Goldsmith: The Need for a Workable Standard of “Transformativeness”

The Illusion of More

The Supreme Court on October 12th heard oral arguments in Andy Warhol Foundation (AWF) v. Lynn Goldsmith, and presumably every copyright nerd (pro and con) was listening. In general, I would describe the Court as consistent—all justices focused on the narrow question presented with very little discussion outside those lines. The question, which badly needs […].

Copyright 120
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Digitizing Social Assistance: How Technological Barriers are Impacting Our Most Vulnerable

IPilogue

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. Many people have voiced their concerns about the abysmally low rates for ODSP (Ontario Disability Support Program) and OW (Ontario Works). In response, Ontario NDP MPPs have taken it upon themselves to conduct a “two-week social assistance diet” to better understand the challenges that some of Ontario’s most vulnerable residents face.

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Bungie Unmasks ‘Cooperative’ Cheat Dev in Wake of $13.5m Award

TorrentFreak

In response to mass cheating in Destiny 2, last year Bungie began filing lawsuits against entities involved in the creation and distribution of cheating software. One of the lawsuits targeted Canadian company Elite Boss Tech, its alleged owner, and around 20 ‘John Doe’ defendants. The complaint alleged that all were involved in the cheat tool business operated from Wallhax.com, SecureAC.io, SecureCheats.net, and CODHax.com, among others.

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Reshaping retail banks: Enhancing banking for the next digital age

McKinsey Operations

The current model of universal retail banking is unsustainable over the long term. To thrive, banks need to reinvent themselves, focusing on businesses where they can achieve and extend market leadership in the new digital world.

Marketing 119
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Letters Seek to Dispel Gene Patent ‘Scaremongering’ Surrounding Tillis’ Patent Eligibility Bill

IP Watchdog

Last week, the leadership of the Judiciary Committees and IP Subcommittees from both houses of Congress received letters seeking to address misinformation being presented by critics of the Patent Eligibility Restoration Act, a bill proposed by Senator Thom Tillis (R-NC) that would abrogate several U.S. Supreme Court rulings on patent eligibility under 35 U.S.C. § 101.

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Apple’s Dynamic Use of Trademark Law and Jamaica for its Dynamic Island Feature

IPilogue

Alice Xie is an IPilogue Writer and a 1L JD Candidate at Western University’s Faculty of Law. For die-hard Apple fans who were quick enough to get their hands on an iPhone 14 Pro or iPhone 14 Pro Max upon their release in early September, a new feature would have come as a pleasant surprise. Apple users have been dissatisfied with the “notch” — the black space sinking into the top of the screen.

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Laguiole knife, at the origin of the French GI system for craft and industrial products, is now registered as a GI

The IPKat

The French Patent and Trade Mark Office (INPI) recently registered “Couteau Laguiole” as a geographical indication (GI) for a knife produced in the French communes of Laguiole and Thiers. It is a French-only GI, as no EU-wide GI protection is currently foreseen for craft and industrial products (also known as “non-agri” GIs). This registration had a tumultuous road on route to registration: historical disputes, conflicts with trade marks, a legal reform and two separate GI applications.

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EC Declines to “End Live Piracy Now” But Offers ‘Toolbox’ to Fight Illegal Streams

TorrentFreak

Rightsholders involved in the creation and distribution of live events say they are being undermined by massive online piracy. Illegal streams are immediately made available via websites and dedicated IPTV services on a scale that’s impossible to contain. Earlier this month, over 100 rightsholders, organizations, and powerful media groups coordinated to demand action from the European Union via new law that would enable live streams to be taken down within minutes of detection and subseque

Law 116
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USIPA Survey Shows Most Americans are in the Dark on IP

IP Watchdog

Yesterday, the United States Intellectual Property Alliance (USIPA) issued the results of a nationwide survey designed to determine the level of intellectual property awareness among American adults. Perhaps unsurprisingly, USIPA’s survey found that, while most American believed they understood IP, seven out of 10 survey respondents could not identify examples of intellectual property when asked.

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Social capital: Build back better relationships at work

McKinsey Operations

Companies are reporting a dearth of social capital since the start of the pandemic. How can they reestablish meaningful connections among teams and individuals in today’s changed work environments?

Reporting 115
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Memes as Judicial Opinions–Courthouse News Service v. Forman

Technology & Marketing Law Blog

This opinion came out in June, but I just learned about it. In this opinion, a federal judge incorporated a meme into the opinion’s narrative to emphasize a rhetorical point (pun intended): [Later, the court adds: “one final point, this isn’t Who’s on First , Defendants must move past pointing fingers at each other like the spidermen pictured above.”].

Blogging 115
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ISP Surprises Record Labels with ‘Innocent Infringer’ Witness at Piracy Trial

TorrentFreak

The “repeat infringer” issue remains a hot topic in US courts and over the years several ISPs have been sued because of them. These Internet providers stand accused of not doing enough to stop copyright infringers on their networks, even after receiving multiple ‘copyright infringement’ notifications from rightsholders. The most prominent outcome thus far is the guilty verdict against Cox from late 2019.

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Exploring SBOMs and Software Escrow: Strategies for Securing OT Supply Chains

JD Supra Law

“Timely and secure information sharing can bridge the gap between vulnerability and security.” This was a key message from a recent webinar on ICS & OT Supply Chain Risk Management presented by Information Security Media Group. The webinar discussed how Industrial Controls Systems (ICS) and Operational Technology (OT) can be particularly vulnerable to supply chain risks.

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On the path to net-zero steel in building and construction

McKinsey Operations

Rising demand for greener approaches creates an imperative for the industry to seize the moment, adopt new mindsets, and set standards for the transition to a greener future.

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If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants

Technology & Marketing Law Blog

Emoji Co. GmbH has registered trademarks in the dictionary word “Emoji.” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'” (Raise your hand if you’ve ever seen Emojico-branded patient safety restraints).

Trademark 108
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Megaupload Pair Remain RIAA & MPA Lawsuit Targets Despite Guilty Pleas

TorrentFreak

January 2022 marked the ten-year anniversary of the Megaupload raid, which effectively shut down the file-sharing empire. It was also the beginning of a criminal process against several people associated with the site. As Megaupload’s founder, Kim Dotcom grabbed most of the attention, but several others are fighting a similar battle. In addition to Dotcom, the U.S. sought the extradition of Bram Van der Kolk and Mathias Ortman from New Zealand.

Music 116
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“Inducing” Copyright Infringement in Canada: Is it a Thing?

IPilogue

Prof. David Vaver is a member of IP Osgoode’s Advisory Board, an I ntellectual P roperty Law Professor at Osgoode Hall Law School and an Emeritus Professor of IP & IT Law at the University of Oxford. A version of this paper is scheduled to be published in the Intellectual Property Journal. Thanks to Ronald M. Lieberman, Christopher G. Moore, and Maxine Vaver for helpful comments on an earlier draft.

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This Week in Washington IP: U.S. Cyberspace Strategy, Cryptocurrency Regulation, and Discussions with Former U.S. Trade Representatives

IP Watchdog

This week in Washington IP news, the United States Patent and Trademark Office (USPTO) is hosting events on blockchain and drafting provisional patent applications, while the Brookings Institution is hosting an event on the regulation of cryptocurrency markets. Also in the cyber world, three authors will make their case for a more holistic and aggressive U.S. approach to cyberspace strategy at The Heritage Foundation.

IP 105
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My New Article Drops a Truth Bomb on Zauderer and Censorial Efforts to Mandate Editorial Transparency

Technology & Marketing Law Blog

The battle over online free speech has drifted away from direct Section 230 reform and towards a variety of other regulatory ideas that would instead undermine Section 230’s core principles. One such ancillary battleground involves the regulatory push for “editorial transparency,” such as the laws adopted in Florida, Texas, New York, and California.

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Filmmakers’ Repeat Infringer Lawsuit Against ISP RCN Can Move Forward

TorrentFreak

Under US copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.”. Many ISPs have been reluctant to take such drastic measures, which triggered a wave of copyright infringement lawsuits in recent years. Internet provider RCN is among the targeted providers. Last year, the company was sued by several film companies , including the makers of The Hitman’s Wife’s Bodyguard, London Has Fallen, and Hellboy.

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Gucci or CUGGL? The Japan Patent Office dismisses trademark infringement claims by Gucci

IPilogue

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. On May 25, 2021 the Japan Patent Office (JPO) granted Nobuaki Kurokawa a trademark for his apparel brand named “CUGGL” for class 25 (clothing and footwear). This year, when the t-shirt design for CUGGL was released, the Italian fashion brand Gucci tried to get the trademark cancelled.

Trademark 104