Sat.Mar 09, 2024 - Fri.Mar 15, 2024

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Japan’s Text and Data Mining (TDM) Copyright Exception for AI Training: A Needed and Welcome Clarification from the Responsible Agency

Hugh Stephens Blog

Image: iStock Japan has always been known for its strong creative sector and rich cultural output, from animé to manga to literature, music and film, and for its respect for intellectual property (IP) and the rights of creators.

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Why The Holdovers is Not a Plagiarism

Plagiarism Today

Oscar-winning film The Holdovers is facing plagiarism allegations from another screenwriters. Here's why they don't hold up. The post Why The Holdovers is Not a Plagiarism appeared first on Plagiarism Today.

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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs. The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; ii

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25 Great Slogans

Erik K Pelton

Celebrating our 25th year with the 25 series. Erik discusses the power of slogans and reviews 25 iconic examples in this podcast. The post 25 Great Slogans appeared first on Erik M Pelton & Associates, PLLC. Celebrating our 25th year with the 25 series. Erik discusses the power of slogans and reviews 25 iconic examples in this podcast.

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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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Government Gaslighting Again?: Unpacking the Uncomfortable Reality of the Online Harms Act

Michael Geist

The Online Harms Act was only introduced two weeks ago, but it already appears the government is ready to run back the same playbook of gaslighting and denials that plagued Bills C-11 and C-18. Those bills, which addressed Internet streaming and news, faced widespread criticism over potential regulation of user content and the prospect of blocked news links on major Internet platforms.

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Copyright Claims Board Finds Documentary was Fair Use

Plagiarism Today

In a case involving clips from an Andrew Dice Clay comedy special, the Copyright Claims Board has found a documentary was a fair use. The post Copyright Claims Board Finds Documentary was Fair Use appeared first on Plagiarism Today.

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Copyright as an Access Right: Concretizing Positive Obligations for Rightholders to Ensure the Exercise of User Rights

Kluwer Copyright Blog

The purpose of copyright, at its very basic level, finds its normative implementation in the interplay between access to protected works and the protection of the moral and material interest of creators (see Geiger, 2017 ). The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users.

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The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

JD Supra Law

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

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Judge Rules Craig Wright is Not Bitcoin Inventor Satoshi Nakamoto

Plagiarism Today

For nearly a decade, Craigh Wright has claimed to be Bitcoin creator Satoshi Nakamoto. However, those claims just took a major blow. The post Judge Rules Craig Wright is Not Bitcoin Inventor Satoshi Nakamoto appeared first on Plagiarism Today.

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Cox Requests Rehearing of Piracy Case That ‘Threatens to Throw Countless People Offline’

TorrentFreak

Internet provider Cox Communications has been on the sharp end of several piracy lawsuits in recent years. The biggest hit came four years ago when the Internet provider lost its legal battle against a group of major record labels, including Sony and Universal. A Virginia jury held Cox liable for pirating subscribers because it failed to terminate accounts after repeated accusations, and ordered the company to pay $1 billion in damages to the labels.

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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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CJEU: The Paris Convention does not allow cross-IP priority claims

The IPKat

The Court of Justice of the European Union (‘CJEU’) held – in its recent judgment The KaiKai Company Jaeger Wichmann GbR (case C-382/21 P) – that the Paris Convention does not allow cross-IP priority claims in general, thus disagreeing with the Advocate General’s earlier Opinion (The IPKat here ). As a reminder, Art. 4(1) Paris Convention provides: Any person who has duly filed an application for a patent, or for the registration of a utility model, or of an industrial design, or of a trademark,

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Trader Joe’s Labor Union Bags a Victory in Trademark Dispute

JD Supra Law

Trader Joe’s is a hugely popular grocery chain that has expanded from its Southern California origins to operate close to 600 stores across the United States. Although Trader Joe’s has traditionally had a reputation as an ethical company, accusations of union-busting have tarnished the grocer’s image as a good employer.

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3 Count: Hospital Infringement

Plagiarism Today

Architecture firm sues over hospital design, US government says no new rules for NFTs and Oppenheimer piracy boosted by Oscar win. The post 3 Count: Hospital Infringement appeared first on Plagiarism Today.

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You Wouldn’t Steal an Episode of the ‘Pirate Bay’ TV Series?

TorrentFreak

When pirated copies of “Grand Theft Auto: San Andreas” came out nearly two decades ago, The Pirate Bay changed its front page logo. The Pirate Bay became the “Grand Theft Bay,” illustrating the deviant stance upon which the site built its reputation since the year of its launch. The GTA-inspired logo was the first of many ‘doodles’ that separated the ‘most resilient torrent site’ from its competition.

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Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit

The IP Law Blog

OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. On February 12, 2024, a District Court in the Northern District of California issued its Order and ruled on the OpenAI defendants’ motions to dismiss various claims in the two pending putative class action lawsuits.

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Tennessee Federal Court Issues Preliminary Injunction Blocking NCAA’s NIL Restrictions

JD Supra Law

On February 23, 2024, the U.S. District Court for the Eastern District of Tennessee issued a preliminary injunction in State of Tennessee and Commonwealth of Virginia v. National Collegiate Athletic Association, enjoining enforcement of the National Collegiate Athletic Association’s (NCAA) Name, Image, and Likeness (NIL) recruiting ban with respect to student-athletes.

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3 Count: Malignant Settlement

Plagiarism Today

Malignant filmmaker settles dispute with screenwriter, New York Times hits back at OpenAI and pirate site Vumoo goes offline. The post 3 Count: Malignant Settlement appeared first on Plagiarism Today.

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Nintendo Hits Circumvention Tool Linkers With DMCA Trafficking Violations

TorrentFreak

It took less than a week for Nintendo’s lawsuit against the company behind the Yuzu Switch emulator to have the desired effect. After agreeing to hand over $2.4m to Nintendo while complying with the terms of a broad injunction, Tropic Haze LLC evaporated in all but name and its developers drifted away into the night, apologetic and presumably penniless.

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[Guest post] Dramatic reversal in the CRISPR Broad Institute cases following G 1/22

The IPKat

In G 1/22 (and G 2/22), the Enlarged Board of Appeal (EBA) found that there is a strong rebuttable presumption that an applicant of a European patent application is entitled to claim priority. An interesting question following G 1/22 was the potential impact (if any) on the high-profile CRISPR dispute. The Broad Institute famously lost a highly commercially valuable CRISPR patent for invalid priority ( T 844/18 , IPKat ).

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Tech, Retail Industries Say No To Patent Eligibility Reforms

IP Law 360

A coalition of tech companies, retailers and tech activist groups lined up on Monday in opposition to the latest legislative effort to limit patent invalidation in the courts, warning that unseating legal precedents over eligibility would lead to a coming "wave of crippling litigation.

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3 Count: Wordle Battle

Plagiarism Today

Nvidia faces lawsuit over AI training, artists angry at new Midjourney feature and New York Times targets Wordle clones. The post 3 Count: Wordle Battle appeared first on Plagiarism Today.

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Exploring the Definitions of AI for Legal Purposes

Barry Sookman

There is a lot being written about artificial intelligence (AI). There are also many different ways of defining the term AI including for legal purposes. This post will examine some of the leading legally defined uses of the terms AI and generative artificial intelligence. Legal definitions of Artificial Intelligence The leading definition of artificial intelligence is the recent updated definition of artificial intelligence from the OECD : An AI system is a machine-based system that, for expli

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Authors Sue NVIDIA for Training AI on Pirated Books

TorrentFreak

Starting last year, various rightsholders have filed lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors, visual artists, even the New York Times. These rightsholders all object to the presumed use of their work without proper compensation. “Books3” Many of the lawsuits filed by book authors come with a clear piracy angle.

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Fed. Circ. Backs PTAB Decision In Vacuum Patent Fight

IP Law 360

The Federal Circuit backed the Patent Trial and Appeal Board's decision that SharkNinja had not proven the invalidity of several claims of Roomba maker iRobot's patent on robot vacuum technology.

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3 Count: Hopping Mad

Plagiarism Today

Bad Bunny sues fan over concert video, Brazil under scrutiny by USTR and New Zealand Appeals Court finds copyright relationship property. The post 3 Count: Hopping Mad appeared first on Plagiarism Today.

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Infographic | All about the safe

Olartemoure Blog

SAFE stands for Simple Agreement for Future Equity. It is a legal financing instrument designed to expand capital raising alternatives for early-stage startups. how does it work? SAFE allows an investor to invest a certain amount of money in exchange for the option to acquire future shares that may eventually arise from a future formal capitalization, as stipulated in the contract.

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Movie & TV Giants Say French Pirate Site Audiences Are Continuously Shrinking

TorrentFreak

ALPA, the Association Against Audiovisual Piracy ( Association de Lutte contre la Piraterie Audiovisuelle ) has been active in France since the mid-eighties. With heavyweight backing from the Hollywood studios of the MPA, and the music industry through a number of large groups and organizations, wherever there’s a piracy fight in France, ALPA is unlikely to be too far away.

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Responding to Obviousness Rejections in Light of the USPTO’s New Guidance

IP Watchdog

The United States Patent and Trademark Office (USPTO) recently released new guidance to patent examiners on making obviousness rejections. The guidance focuses on post-KSR precedential jurisprudence from the U.S. Court of Appeals for the Federal Circuit. Some of the guidance is fairly mundane, some of it is not. The purpose of this article is to propose a few responses one might use to counter rejections that apply certain problematic aspects of the new guidance.

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Artist Can't Exhibit 'MetaBirkins' NFT After TM Trial Loss

IP Law 360

The Los Angeles-based designer behind the "MetaBirkins" non-fungible token is barred from displaying his artwork at a Swedish museum after a federal judge ruled there is a high probability he will use the platform to promote products that a jury previously said infringed trademarks held by luxury French fashion house Hermès International.

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Likelihood of extrusion

Likelihood of Confusion

Reprinting my annual Passover post. The first seder is tonight, Friday, March 1st. I’ll be offline and unaccountable for comment moderation, glitch control or anything else until the night of the 3rd (Sunday), New York time: Here’s a nice thought on the topic, apropos for our 24/6 social media lifestyle: The 21st century is certainly a marvelous […] The post Likelihood of extrusion appeared first on LIKELIHOOD OF CONFUSION™.

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Pirate Streaming Site Vumoo.to Goes Offline Following ACE Action

TorrentFreak

The Alliance for Creativity and Entertainment ( ACE ) is the world’s most active anti-piracy coalition, initiating and assisting enforcement efforts around the world. Most anti-piracy actions are focused on streaming sites and services, many of which are located in or operated from Vietnam. ACE previously visited Vietnam and met with government officials to explore potential solutions to address the problem.

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USPTO Wants Input on How to Better Commercialize Innovation

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) today issued a Request for Comments (RFC) that will be published in the Federal Register tomorrow seeking input from the public on how to better incentivize commercialization of innovation, particularly in green and critical or emerging technologies. According to the RFC, the comments received “will be used to evaluate possibilities for amplifying the impact of our current work, and to explore new ways to support the transfer of innovation to the mark

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Data Scraper Allowed To Scrap, Replace Patent Claims

IP Law 360

An Israeli web data scraper has convinced judges on an administrative patent board to let it switch up language in a patent that's being challenged, shortly after the U.S.

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War of the Wordles: Did the New York Times Go Too Far?

Copyright Lately

Using the DMCA to target hundreds of Wordle-likes, the publication claims exclusive rights in the game’s grid dimensions and color scheme. Fresh on the heels of filing an infringement lawsuit against OpenAI , The New York Times Co. is flexing its copyright muscles once again, this time targeting the developers of hundreds of games inspired by Wordle, the popular word game the Times purchased in 2022.

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YouTuber Liable For Bogus DMCA Notice “Awareness Campaign” Targeting Bungie

TorrentFreak

One of the most frustrating aspects of DMCA notices outside the usual complaints aired by rightsholders, is their ability to trigger policies that assume notices are accurate and in some cases, should be blindly obeyed. Certainly, if the sender of a bogus notice puts in enough effort, the end result can be the removal of whatever material appears in the notice, even when sent to the largest platforms most familiar with fraudulent claims.