Sat.Dec 31, 2022 - Fri.Jan 06, 2023

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AI: The Copyright and Plagiarism Story of 2022 and 2023

Plagiarism Today

Typically, when I do these year-end reviews, I cover a wide variety of stories that happened and separate out the copyright and plagiarism. Simply put, copyright and plagiarism are two different things. The former dealing with legal rights a creator has and the latter the ethics of attribution and reuse. Their interests over overlap, but year-to-year the concerns and stories are often very different.

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3 Steps to Protect Your Brand in the New Year

Erik K Pelton

The following is an edited transcript of my video 3 Steps to Protect Your Brand in the New Year. Protecting your brand has tremendous benefits for your business, and there are three things in particular to focus on at the beginning of the year and ensure that you are protected. Check your renewal deadlines for any trademark registrations you have. Whether they’re at the USPTO or internationally, look at all your registrations for any renewals that might be coming due this year.

Branding 147
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The metaverse: Driving value in the mobility sector

McKinsey Operations

Although a fully immersive, interconnected metaverse remains years away, mobility stakeholders can already capture real business value from the technologies designed to enable it.

Designs 141
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Parody under copyright and trade mark law: key guidance from Zorro. and the Italian Supreme Court

The IPKat

Zorro in the Brio Blu ad Last week, the Italian Supreme Court issued an important – if not truly seminal – judgment on the interplay between IP and freedom of expression ( decision 38165/2022, CO.GE.DI. International – Compagnia Generale Distribuzione s.p.a. v Zorro Productions Inc. ). In delivering its new judgment in the long-running (15+ years and counting!

Copyright 138
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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 Approaches to Detect AI Writing

Plagiarism Today

As we discussed earlier this week , artificial intelligence was by far the biggest and most important plagiarism story of 2022 and likely will be in 2023. The issue is simple. AI writing has evolved to a point where it can be difficult to distinguish between text written by a machine and text written by a human. That has been further compounded by the release of ChatGPT in November 2022.

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The Power of Brand Jingles

Erik K Pelton

A great tool for brands to connect with customers is a catch jingle. Listen for more about some great jingles and why they are so valuable. The post The Power of Brand Jingles appeared first on Erik M Pelton & Associates, PLLC. A great tool for brands to connect with customers is a catch jingle. Listen for more about some great jingles and why they are so valuable.

Branding 130

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Digital transformations: The five talent factors that matter most

McKinsey Operations

Setting up a winning digital and advanced-analytics organization is hard. Decisions about talent and technology will often determine the transformation’s success.

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Google Accuses Regulators of Plagiarism

Plagiarism Today

Google, like many tech companies, is facing increased scrutiny from international regulators. Back in 2018, that resulted in the European Commission handing down a 4.1-billion-euro ($4.3 billion) fine over allegations that the company abused its ownership of the Android mobile operating system to unlawfully push its other products. According to the EU Commission, Google exploited its agreements with phone manufacturers to require them to promote various other Google products such as search and Y

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mRNA IP 2022 Year in Review: Pioneers Clash in Major Patent Litigations

IP Watchdog

Substantial patent litigation activity occurred in the mRNA space in 2022, involving nearly all of the major mRNA and lipid nanoparticle (LNP) pioneers. Since this is the most significant happening in this space with respect to IP in 2022, this post will provide an overview of that activity as well as a summary exposure analysis.

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LaLiga: Court Orders Google to Wipe IPTV Smarters Pro From Play Store

TorrentFreak

Top-tier Spanish football league LaLiga has been waging war against pirate sites and services for the past several years. In common with the UK’s Premier League and Serie A in Italy, LaLiga focuses on unlicensed live-streaming platforms that offer cheap or even free access to subscription-based content. LaLiga’s prime targets include free web-based streaming sites and subscription IPTV providers.

Reporting 134
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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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Unlocking the industrial potential of robotics and automation

McKinsey Operations

Results from the 2022 McKinsey Global Industrial Robotics Survey reveal that industrial companies are set to spend heavily on robotics and automation. However, many will need help to complete the journey.

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3 Count: Happy New Year

Plagiarism Today

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: SoccerStreams Throws in the Towel Following U.S. Domain Seizures. First off today, Ernesto Van der Sar at Torrentfreak writes that the popular soccer streaming site SoccerStreams has shuttered following the seizure of its domains by the United States Department of Homeland Security.

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[Video] Data Governance for the BYOD Age

JD Supra Law

A significant portion of the workforce has adapted to working in today’s modern “office”— which includes working from a variety of locations (homes, corporate offices, coffee shops, airports, etc.) on any number of personal devices, including mobile phones, laptops, and tablets. But, have corporate information governance programs kept pace with this revolution?

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MPA & RIAA Deployed 60+ Lobbyists in 2022, Piracy Top of The Agenda

TorrentFreak

A quote attributed to former UK Prime Minister Winston Churchill suggests that democracy is actually the worst form of government – except for all the others. It’s a depressing take on the political gold standard, but the full quote adds more nuance. Churchill said that when the people elect ministers and express their needs to them, those in power are shaped, guided, and controlled as servants of the people – not their masters.

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Generic Drug Production to be Impacted by UK-India FTA? 

IPilogue

Serena Nath is an IPilogue Writer and a 2L JD candidate at Osgoode Hall Law School. Recently, a controversial trade deal proposal between India and the United Kingdom (UK) was leaked. The leaked portion pertains to the trade of intellectual property between the two countries. UK-India Free Trade Agreement. In January 2022 , India and the UK began negotiating a free trade agreement (FTA), aiming to double bilateral trade to $100 billion by 2030 via reduction or elimination of import-export tarif

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RALIA Is Economic Suicide: A Reply to the Critics

IP Watchdog

Paul Morinville, Founder of US Inventor, recently published a response to my column criticizing RALIA, a bill in Congress that would abolish the Patent Trial and Appeal Board (PTAB). I offer a few observations in reply. I argued in “The Made in China Act,” November 16, 2022, that juries are not an effective or reliable check on patent validity and that eliminating contested validity reviews at the United States Patent and Trademark Office (USPTO) would be a disaster for U.S. manufacturing.

Inventor 118
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Copyright Cases in 2022: A Year in Review

Copyright Alliance

Coverage of copyright litigation in 2022 was understandably focused on the Supreme Court’s transformative fair use showdown in Warhol Foundation v. Goldsmith, but the past year saw many other significant […]. The post Copyright Cases in 2022: A Year in Review appeared first on Copyright Alliance.

Copyright 113
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SoccerStreams Throws in the Towel Following U.S. Domain Seizures

TorrentFreak

Last month, we reported on a series of FIFA World Cup-themed domain name seizures by US law enforcement. In the initial wave, Homeland Security Investigations took down 55 domain names operated by pirate sports streaming sites, and several more followed later. Many of the sites had millions of regular visitors who were suddenly confronted with a seizure banner featuring seals of prominent law enforcement outfits.

Branding 124
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2H 2022 Quick Links, Part 4 (Section 230, Consumer Reviews)

Technology & Marketing Law Blog

Section 230. * Ayala v. Viator, Inc., 2021 Mass. Super. LEXIS 1151 (Mass. Superior Ct. Nov. 19, 2021): The claims in the Second Amended Complaint seek to hold Defendants liable for content created and published by Defendants, not a third party who then posted it on their website. Ms. Ayala specifically references Defendants’ statements that they “pre-screened local tour operators” and ‘”pre-vet them all’ to ensure an exceptional experience.” Moreover, he

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Apple v. Zipit Designated Precedential Following Busy December for USPTO

IP Watchdog

The United States Patent and Trademark Office (USPTO) stayed active over the holiday period with several big announcements, and today Director Kathi Vidal continued that trend by designating as precedential the December 21 decision in Apple v. Zipit Wireless. Also in December, the United States Government Accountability Office (GAO) released its full report on the Patent Trial and Appeal Board (PTAB), recommending, among other suggestions, that the Office make public any policies and directives

Designs 116
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IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

The author would like to thank John Hodges and Elisa Li for their contributions to this post. The emergence of blockchain-supported Non-Fungible Tokens (NFTs) has captured the interest of the entertainment and business worlds in the past couple of years. Large digital transactions like that of Beeple NFT that sold for $69 million and the ever-mounting numbers of more or less successful NFT cooperations like that between Tiffany and CryptoPunks or millions-heavy NBA Top Shot NFT have made the hea

IP 109
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25 Private Torrent Trackers Went Offline After BREIN Tracked Down ‘Scripter’

TorrentFreak

Streaming piracy has taken over from BitTorrent in most parts of the world, but this traditional file-sharing technology remains popular in the Netherlands. Anti-piracy group BREIN is well aware of BitTorrent’s popularity. In addition to targeting public torrent sites with site-blocking measures, BREIN has kept an eye on private torrent trackers too.

Reporting 121
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something's plausibly fishy about Target's omega-3 supplement

43(B)log

Rodriguez v. Target, 2022 WL 18027615, No. 22 Civ. 2982 (LGS) (S.D.N.Y. Dec. 30, 2022) Plaintiffs sued for breach of express warranty under New York and California law, violation of the New York General Business Law (“GBL”) §§ 349 and 350, and the usual California claims. The court made the expected rulings (no standing for injunctive relief; no preemption except to the extent that the UCL “unlawful” claim attempted to borrow the FDA rules directly; UCL unlawfulness created by borrowing Californ

Contracts 108
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Federal Circuit Rejects More Mandamus Petitions Seeking to Sidestep Delaware Court’s Standing Orders

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued two orders denying mandamus relief for petitioners seeking to end the U.S. District Court for the District of Delaware’s “judicial inquisition” concerning disclosure of their owners and third-party litigation funders. Chief Judge Colm Connolly’s standing orders on initial disclosures in patent litigation cases have been the subject of much controversy and are presently being appealed at the CAFC in a separate case.

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CMA Releases Report on Music Streaming Market

IPilogue

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. What did your Spotify Wrapped look like this year? As music streaming services grow in popularity, more people have included them as part of their daily lives. On November 29th, The Competition and Markets Authority (CMA) released its final report of its market study into music and music streaming.

Music 105
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Piracy Lawsuit Will Be Dismissed Unless Copyright Troll Fixes Corporate Suspension

TorrentFreak

A few years ago, Malibu Media was one of the most active ‘copyright trolls’ in the United States. The California-based company behind the adult brand ‘X-Art’ filed thousands of lawsuits targeting Internet subscribers whose accounts were allegedly used to share Malibu’s films via BitTorrent. In recent years this activity ground to a halt, and in the cases that remained active, things didn’t go to plan.

Copyright 115
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Kaushal Kishor v. State Of UP: A Tale of Mis-Readings and Bad Externalising

SpicyIP

We’re pleased to bring to our readers a guest post by Akshat Agrawal on the Supreme Court’s decision in Kaushal Kishor v. State of U.P. Akshat is an LLM student at Berkeley Law specialising in IP policy. He is a graduate of Jindal Global Law School and has previously clerked at the Delhi High Court. He’s written several posts for us in the past and they can be found here.

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Amici Filings in Amgen Encourage the Supreme Court to Correct the Federal Circuit’s ‘Unworkable’ Enablement Standard

IP Watchdog

On January 3, a total of 14 amicus briefs and one motion for leave to participate in oral argument were filed with the U.S. Supreme Court on the question presented by Amgen Inc. v. Sanofi, on which the Supreme Court granted certiorari this past November. While organizations representing the most powerful interests in the technology industry supported the Federal Circuit’s holding that Amgen’s patent claims were invalid for lack of enablement, a wide swath of patent stakeholders are urging the Su

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Real-world data quality: What are the opportunities and challenges?

McKinsey Operations

Growth in the availability and variety of real-world data, including nonhealth sources of data, opens up new opportunities, as well as challenges, in their application to real-world evidence and improving health outcomes.

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YouTube Wins Partial Summary Judgment in Maria Schneider Copyright Lawsuit

TorrentFreak

A 2020 class action lawsuit filed by musician Maria Schneider accused YouTube of mass copyright infringement, failing to suspend ‘repeat infringers, and restricting access to anti-piracy tools, among other allegations. Despite YouTube’s findings that at least one member of the putative class acted fraudulently (Pirate Monitor) to fabricate ‘evidence’ of YouTube’s alleged shortcomings in support of the lawsuit, litigation continued.

Copyright 113
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Artists Are Selling AI-Generated Images of Mickey Mouse to Provoke a Test Case

JD Supra Law

Several artists, frustrated with Artificially Intelligent (AI) image generators skirting copyright laws, are using AI-image generators to produce images of Mickey Mouse and other copyrighted characters to challenge the current legal status of AI art. While an artist’s copyright in a work typically vests at the moment of fixation, including the right to prosecute copyright violation, AI-generated work complicates the issue by removing humans from the creative process.

Privacy 98
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The Campaign Against Pharma Companies Creates New Level of Uncertainty for all Patent Attorneys Re: Duty of Disclosure and Inquiry

IP Watchdog

The United States Patent and Trademark Office (USPTO) issued a Notice on the “Duties of Disclosure and Reasonable Inquiry During Examination, Reexamination, and Reissue, and for Proceedings Before the Patent Trial and Appeal Board” on July 29, 2022 (87 FR 45764-67), without a big reaction from the IP community. Patent attorneys mostly scratched their heads wondering what it means, especially as it was created in the backdrop of an attack on drug companies and drug pricing.

Patent 102
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From sci-fi to reality: Autonomous driving in China

McKinsey Operations

New technologies and regulations have made autonomous driving possible. In this changing landscape, the strategic roles of manufacturers may vary.

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RIAA Wants $250,000 in Attorneys’ Fees from Yout, Without Delay

TorrentFreak

In 2020, YouTube-ripper Yout.com sued the RIAA, asking a Connecticut district court to declare that the site does not violate the DMCA’s anti-circumvention provision. This was a bold move , but not one without consequences. After a legal battle of nearly two years, the verdict meant disappointment for Yout. Last October, Judge Stefan Underhill ultimately concluded that the service had failed to show that it doesn’t circumvent YouTube’s technological protection measures.

Music 110
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FTC Proposes Rule Banning Use of Non-Competes with Employees and Workers and Limiting Employer Protections Against Unfair Competition

Trading Secrets

Earlier today, the Federal Trade Commission (“FTC”) published a proposed rule which would ban all non-compete agreements between employers and “workers” (broadly defined to include employees, independent contractors, interns, and others). If adopted, the proposed rule will bar both prospective and existing non-compete agreements. The FTC included an overview fact sheet describing the proposed rule.