Sat.Nov 16, 2024 - Fri.Nov 22, 2024

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Z-Library Helps Students to Overcome Academic Poverty, Study Finds

TorrentFreak

Z-Library is one of the largest shadow libraries on the Internet, hosting millions of books and academic articles that can be downloaded for free. The site defied all odds over the past two years. It continued to operate despite a full-fledged criminal prosecution by the United States, which resulted in the arrest of two alleged operators in Argentina.

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10 reasons that small businesses need to protect their trademarks

Erik K Pelton

The following is an edited transcript of Chapter 21 of my book video Building a Bold Brand: Small Business Concerns Small businesses are just as capable of creating and building great brands as big businesses are. In fact, small businesses may be even more capable. All a business really needs is some creativity and wit so that it can begin building a bold brand via a great name.

Business 130
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Design reform reaches its finale: it is now Regulation (EU) 2024/2822 and Directive (EU) 2024/2823

The IPKat

Yesterday, the EU design reform reached its final step: it was published in the Official Journal as Regulation (EU) 2024/2822 and Directive (EU) 2024/2823. This post analyses the main elements of the two acts. Background Foundations for the EU design system (as of now still covered by Regulation (EC) 6/2002 for EU-wide designs and Directive 98/71/EC for national designs) were laid down in the late 1980s-early 1990s, when various groups of academics presented their proposals for EU acts on the ma

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SpicyIP Tidbit: Delhi High Court Issues Notice to OpenAI in the ANI Copyright Infringement Case

SpicyIP

ANI logo. Image from here As highlighted yesterday , the first hearing in the ANI MEDIA PVT LTD V/s OPEN AI INC & ANR. took place today with the Delhi HC issuing summons to OpenAI. As reported by Bar and Bench, ANI sought an interim injunction against the unauthorised use and storage of its copyright work by Open AI to train its large language models (LLMs) -ChatGPT.

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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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When a Copyright Owner Gets Only a $1,000 Judgment in Federal Court, They’re the Real Losers–McDermott v. KMC

Technology & Marketing Law Blog

Matthew McDermott is a freelance photographer. The New York Post hired him to take photos of NYC police commissioner Keechant Sewell , paying him a day rate of $470. McDermott kept the copyright to those photo and granted NY Post a license. The New York Post story. The article included multiple photos of Sewell, including the photo in question , and the Post apparently liked the image so much that they used a portion of the photo as the background for the newspaper cover that day (see screenshot

Copyright 102
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Canadian Copyright Registration and AI-Created Works: It’s Time to Close the Loophole

Hugh Stephens Blog

Image: Shutterstock In July, the Canadian Internet Policy and Public Interest Clinic (CIPPIC) at the University of Ottawa filed an application in the Federal Court to expunge or amend a Canadian copyright registration that claimed an AI program, the RAGHAV AI Painting App, as co-author of a registered work.

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(SpicyIP Tidbit) “Horn OK Please” Copyright Dispute: BHC Grants Interim Injunction Against the Venue Owner SAI, Leaving Questions About the Organizers Unaddressed.

SpicyIP

Poster for the “Horn OK Please” event. Image from here. [ The post is co-authored by Deepali Vashist and Praharsh Gour. Deepali is a third-year law student at NLSIU Bangalore. Her passion lies in understanding the intersections of AI regulation and intellectual property rights. Her previous post can be accessed here. ] In an interesting turn of events, the Bombay High Court on 12 th November 2024, granted an quia timet interim injunction against the Sports Authority of India (SAI ),

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Patent Claim Count

Patently-O

The updated patent claim count data through 2024 reveals a continuing trend toward standardization in claim counts, with both the median and mean hovering around 16-17 claims per patent. The perhaps the most striking feature of this longitudinal data is the dramatic reduction in variance – from a standard deviation of about 15 claims in the mid-2000s to just about 7 claims today.

Patent 111
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Can Xockets Enjoin NVIDIA and Microsoft Post eBay?

IP Watchdog

Xockets, Inc. recently filed a complaint in the Western District of Texas against NVIDIA Corporation (“NVIDIA”), Microsoft Corporation (“Microsoft”) and RPX Corporation (“RPX”) (collectively, “Defendants”) for alleged patent infringement and violation of federal antitrust laws. As is often the case in patent cases, Xockets seeks an injunction in addition to monetary damages.

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Real-Debrid Implements Extreme Anti-Piracy Filters to Appease Film Companies

TorrentFreak

Real-Debrid is nifty tool that provides access to premium and unrestricted downloads from a variety of file hosting and torrent websites. The popular download service operates as a middleman to access file-hosting platforms, for example, and also uses cached content to stream content from torrent sites instantly. These features appear to be quite appealing to pirates.

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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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Analysing Dipak Ranjan Mukherjee vs. Ministry of Commerce & Industry in Context of Transparency, Privacy and the RTI Act

SpicyIP

In an interesting development, the CIC recently rejected an RTI application concerning information on IPRS’ compliance with the Copyright Act, upholding privacy for private organizations and confidentiality of inquiry reports that have not been tabled in front of the Parliament. SpicyIP intern Kartikeya Srivastava analyses this decision from the lens of underlying public interest in the information sought and comments on the dilution of the RTI Act under the guise of privacy.

Privacy 111
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CCB Awards Photographer it’s Largest Damage Award

Plagiarism Today

The Copyright Claims Board has awarded a photographer $11,000 in damages. However, the photographer only narrowly won the case. The post CCB Awards Photographer it’s Largest Damage Award appeared first on Plagiarism Today.

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The Team-Based Reality of Modern Innovation: Average Patent Now Lists More Than Three Inventors

Patently-O

by Dennis Crouch New data from the USPTO shows that the amazing transformation in patent inventorship continues: the average number of inventors per utility patent has reached 3.2 in 2024, nearly double the 1.7 inventors per patent seen in 1976. This steady rise in team-based inventing reflects fundamental changes in how innovation occurs and how the patent system operates.

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USPTO to Increase Patent Fees January 19, 2025

JD Supra Law

Effective January 19, 2025, the U.S. Patent and Trademark Office (USPTO) will increase patent fees and even create some new ones. A Final Rule, issued Nov. 20, instituted a 7.5% across-the-board increase with new utility applications increasing by about 10%. In addition, the USPTO included certain "targeted adjustments" for fees that will increase by significantly greater percentages, including some new fees that have never been charged before.

Patent 107
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RIAA Should Disclose Anti-Piracy Details, Altice Argues

TorrentFreak

Under U.S. copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances”. This legal requirement remained largely unenforced for nearly two decades but a series of copyright infringement liability lawsuits, with hundreds of millions of dollars at stake, have shaken up the industry. RIAA Labels vs. Altice These piracy liability lawsuits have targeted large and small Internet providers across the United States.

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The Gradient of AI Usage

Plagiarism Today

As the use of generative AI becomes more common, we need a rubric to discuss it. Here is one early attempt to do so. The post The Gradient of AI Usage appeared first on Plagiarism Today.

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The Beginning of AI-Copyright Litigation in India?: ANI vs OpenAI in DHC Tomorrow

SpicyIP

OpenAI logo. Image from here AI litigation seems to have reached India! Readers will be interested to know that ANI MEDIA PVT LTD V/s OPEN AI INC & ANR. has been listed before the IPD Bench of Justice Amit Bansal at Delhi High Court tomorrow (November 19, 2024 – Court Number 45, Item No. 39). Aditi Agrawal from Hindustan Times has reported that ANI has alleged OpenAI of exploiting its content to train its Large Language Models (LLMs) and that ChatGPT (OpenAI chatbot) produces ANI’s con

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USPTO’s Final Rule on FY 2025 Patent Fees Drops Divisive Proposals for Across-the-Board Hikes

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today published a final rule announcing across-the-board fee increases of 7.5% but scrapping the most controversial proposals from its April 2024 Notice of Proposed Rulemaking (NPRM). The changes will take effect as of January 19, 2025.

Patent 104
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Feds Shut Down Pirate Sports Streaming Service 247TVStream, Indict Operators

TorrentFreak

In recent years, rightsholders of major sports events have repeatedly complained that piracy of live sports is getting out of hand. Increasingly, lawmakers and law enforcement were asked to help out. This week, these calls were heard. 247TVStream Shutdown and Indictment The Department of Justice for the Eastern District of New York announced that it had effectively shut down a major pirate IPTV streaming operation, 247TVStream.

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Copyright and Content Protection on Bluesky

Plagiarism Today

Bluesky has reached over 20 million users and is adding more every second. But how is it on matters of copyright and content protection? The post Copyright and Content Protection on Bluesky appeared first on Plagiarism Today.

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Copyright Management Information: Insights from Raw Story v OpenAI

Barry Sookman

OpenAI scored a major success in a recent case in which Raw Story Media, Inc. and AlterNet Media, Inc lost a motion to dismiss their case alleging that OpenAI’s removal of copyright management information (CMI) from thousands of articles prior to using them to train its ChatGPT product violated Section 1202(b)(i) of the DMCA. In dismissing the case, the court relied on the U.S. requirement to establish Article III Standing (that the injury must be “concrete and particularized” and “actual or im

Copyright 109
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SpicyIP Weekly Review (November 11-November 17)

SpicyIP

Here is our recap of last week’s top IP developments including summary of the posts on Delhi High Court’s order in Dabur v. Alpino, WIPO’s report on diversification and economic development, and the dispute between Samsung and its trade union over the use of “Samsung” in the Union’s name. This and a lot more in this week’s SpicyIP Weekly Review.

Trademark 105
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UK Supreme Court Ruling: Sky Falls in Pivotal Trade Mark Battle with SkyKick

JD Supra Law

The wait is over! The UK Supreme Court has handed down its judgment in the closely followed and long-running litigation between Sky, the well-known television and broadband company, and SkyKick, a lesser-known cloud computing business. The case has been awaited with interest by brand owners and the trade mark community, as it addresses significant issues regarding trade mark validity and bad faith in the context of broad trade mark registrations.

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Photographer Wins Just $940 in Federal Lawsuit

Plagiarism Today

The same day a photographer won $11,000 at the Copyright Claims Board, a different photographer won just $940 in federal court. The post Photographer Wins Just $940 in Federal Lawsuit appeared first on Plagiarism Today.

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Wrong skillset for trademark registration

Likelihood of Confusion

Originally posted 2016-04-28 12:51:40. Republished by Blog Post PromoterJohn Welch reports, at the TTABlog, about what you’d think would be a no-brainer: The Board affirmed a refusal to register the configuration shown below, for “electric skillets,” finding that Preston’s proof of acquired distinctiveness under Section 2(f) was inadequate.

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A Closer Look at the Patent Stats from WIPO’s 2024 IP Indicator

SpicyIP

Image from here Recently, WIPO published its 2024 IP Indicator , capturing the trends in the global IP filing and their administration. The 2024 Indicator focuses on the developments from 2023 and compares it with the figures from 2022. As the name suggests, the report features facts and figures about different types of IPRs, but this post is limited to the numbers on Patents, specifically focusing on data about the Indian patent regime.

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AI Litigation Insights

JD Supra Law

Dow Jones & Company, Inc. and NYP Holdings, Inc. v. Perplexity AI, Inc. - Plaintiffs Dow Jones and Company, Inc. and NYP Holdings, Inc., publishers of The Wall Street Journal and New York Post, (collectively, Plaintiffs), have filed a lawsuit in the Southern District of New York against defendant Perplexity AI, Inc. (Perplexity AI), a San Francisco-based artificial intelligence company.

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3 Count: Dancing with Sony

Plagiarism Today

Sony settles lawsuit over Whitney Houston biopic, Asian News International sues OpenAI and HarperCollins inks deal with AI company. The post 3 Count: Dancing with Sony appeared first on Plagiarism Today.

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Sunday Surprises

The IPKat

Another week comes to an end. Here are the latest IP reports and opportunities to find out about. As always, do not forget to check our Events page as well! A Kat reading a new IP report Publication WIPO’s 2024 World Intellectual Property Indicators WIPO has published the 2024 edition of its World Intellectual Property Indicators (WIPI). This annual survey analyzes IP activity around the globe.

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Paws and Effect: Federal Circuit Rejects Indirect Causation Theory in Furbo Infringement Case

Patently-O

by Dennis Crouch The Federal Circuit has affirmed summary judgment of non-infringement in DoggyPhone LLC v. Tomofun LLC, agreeing to narrowly construe the claim as requiring direct rather than indirect causation. The case involves U.S. Patent 9,723,813, which covers an "Internet Canine Communication System" that allows pet owners to remotely interact with and deliver treats to their dogs.

Patent 59
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Ventures in Venue: Selecting the Proper Patent Venue

JD Supra Law

Amongst the many decisions an attorney makes throughout litigation, there is one choice that can shape the outcome of a case way before filing a motion, setting discovery and trial strategy, or even calling a witness: venue, where the case will be adjudicated. The governing statute limits patent venue to (i) the judicial district in which the defendant resides; or (ii) where the defendant has “committed acts of infringement and has a regular and established place of business.”.

Patent 107
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3 Count: Lawsuit Fishing

Plagiarism Today

Final defendant convicted in Jetflicks case, Katy Perry fights copyright infringement appeal and Anheuser-Busch sued over fishing art. The post 3 Count: Lawsuit Fishing appeared first on Plagiarism Today.

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SpicyIP Tidbit: DPIIT Hits Pause on Public Notice concerning Music Playing at Weddings Amid Novex Case Appeal

SpicyIP

Image from here Namaskar. Remember the Goan circular concerning section 52(1)(za) of the Copyright Act, 1957, saying no permission is required to perform music at religious ceremonies, including weddings and its connected social events, which was later revoked? And many other stories of the provision we’ve commented on in the past? Well, we now have a “new” twist in this story … The news is that DPIIT has issued a new notification that puts the previous 24th July 2023 Public Notice on hold (on w

Music 64
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Class Dismissed as Boston University Resolves Copyright Clash

BYU Copyright Blog

Class Dismissed as Boston University Resolves Copyright Clash University,Work for Hire,Fair Use,Settled Out of Court Audrey Vengesai November 18, 10:01 AM November 18, 10:01 AM In September 2024, Babak Boghraty ("Boghraty"), a lecturer and content creator, filed a lawsuit against the Trustees of Boston University ("Boston University" or the "University"), alleging the unauthorized use of his copyrighted course materials.

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Analysis of legal issues related to “cracking behavior”

JD Supra Law

In the era of digital economy, the blooming of digital products has led to the widespread implementation of technical measures to protect these products from unauthorized use. Rights holders frequently employ these measures to safeguard their digital products, such as software applications, digital games, and multimedia content. However, many infringers use illegal means to “crack” these protective measures, even manufacture and distribute tools designed to “crack” them for personal gains.

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