Sat.Sep 23, 2023 - Fri.Sep 29, 2023

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The World’s Oldest Active Torrent Turns 20 Years Old

TorrentFreak

In 2003, the World Wide Web was still in its infancy. Dial-up connections were still the default and YouTube, Facebook, and Gmail had yet to be invented. There was a new technology making waves at the time. BitTorrent made it much easier for people to transfer large files, opening the door to unlimited video-sharing without restraints. Many people started experimenting with BitTorrent by sharing pirated films and TV shows.

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A Tale of Two Copyrights

Hugh Stephens Blog

Registration of AI-Generated Works in the United States and Canada: A Comparison Credit: Shutterstock Human Creation The question of whether works that are generated in whole or part by Artificial Intelligence (AI) should enjoy copyright protection is a hot topic at the moment.

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[Guest post] Artificial Intelligence and (hopefully) the death of copyright

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Here's what Jakub writes: Artificial Intelligence and (hopefully) the death of copyright by Jakub Wyczik* Last year, I wrote an article about how copyright law relates to creations generated by AI.

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Is Google Favoring AI Content?

Plagiarism Today

A recent algorithm change at Google has many webmasters angry as their traffic tanks while AI-generated pages outrank them. Here's why. The post Is Google Favoring AI Content? appeared first on Plagiarism Today.

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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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The Need for Truthful Accountability: What ATIP Records Tell Us About Pablo Rodriguez and Canadian Heritage Funding an Anti-Semite

Michael Geist

The past few days have been painful to watch as Canadian politicians grapple with the aftermath of recognizing and applauding a Nazi in the House of Commons. The episode and its response brings back memories from last year’s discouraging response to revelations that Canadian Heritage’s anti-hate program had provided funding to Laith Marouf, a known anti-semite.

Blogging 139
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UK Parliamentary Committee Shoots Down Copyright Exemption for AI Developers–But is it Really Dead?

Hugh Stephens Blog

The all-party Culture, Media and Sport Committee of the British House of Commons has just (August 30) issued a welcome report condemning plans announced by Britain’s Intellectual Property Office (IPO) in June of 2022 to create a limitless copyright exemption to enable tech companies to develop artificial intelligence (AI) applications without having to obtain permission … Continue reading "UK Parliamentary Committee Shoots Down Copyright Exemption for AI Developers–But is it Really D

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How to Teach Paraphrasing

Plagiarism Today

Far too many students don't know how to properly paraphrase. Here's how to teach the concept and help students get caught up. The post How to Teach Paraphrasing appeared first on Plagiarism Today.

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Hague Court provides first judgment on online marketplace IP infringement liability following Louboutin v Amazon

The IPKat

In a recent judgment , the District Court of the Hague (the Court) found that Fruugo, an online marketplace, was not directly liable under trade mark law for the advertisement and sale, on its platform, of products which infringed the trade marks of Audi and Volswagen. Background The avid IPKat reader may recall that late last year, the IPKat reported on a somewhat surprising decision of the Court of Justice of the European Union (the CJEU), which held, disagreeing with the Advocate General’s op

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Artificial Intelligence in Drug Development: Patent Considerations

IP Watchdog

Artificial intelligence (AI) is a field of computer science that creates software or models that mimic human reasoning or inference. Machine learning is a subset of AI which uses algorithms trained on massive amounts of data to allow the computer to learn with gradually improving accuracy without explicitly being programmed. The biopharmaceutical and healthcare fields produce massive amounts of data, including properties and characteristics of drug compounds, biological, genomic, and clinical da

Patent 132
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The UK government’s steps towards a code of practice on copyright and AI

Kluwer Copyright Blog

Photo by Possessed Photography on Unsplash The UK government has recently announced its plans to introduce a code of practice on copyright and artificial intelligence (AI). The guidance and all supporting documents can be found here. This goes in line with the government’s ten-year National AI Strategy , for the UK to remain a global AI superpower and for AI companies to start and grow in the UK.

Copyright 130
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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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Copyright Claims Board Issues Three More Default Determinations

Plagiarism Today

The Copyright Claims Board has handed down three more default determinations. Here's how the board is determining damages. The post Copyright Claims Board Issues Three More Default Determinations appeared first on Plagiarism Today.

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[Guest post] Deepfake it till you make it: How does AI relate to postmortem personality rights?

The IPKat

The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. Here’s what they write: Deepfake it till you make it: How does AI relate to postmortem personality rights?

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IP VIPS Send Letter to Congress Countering Calls for Government Price Controls on Drugs

IP Watchdog

Twenty-five intellectual property luminaries sent a letter today to several members of Congress asking them to beware of misleading and inaccurate assertions by “activists and academics” that government price controls on drugs will lead to lower costs for consumers. The letter was sent to Senators Bernie Sanders (I-VT) and Bill Cassidy (R-LA), Chairman and Ranking Member, respectively, of the Senate Committee on Health, Education, Labor & Pensions; and Representatives Jason Smith (R-MO) and

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X Clearly Profits from Widespread Music Piracy, Labels Argue

TorrentFreak

Earlier this year, Universal Music, Sony Music, EMI and others filed a complaint at a Nashville federal court, accusing Elon Musk’s X Corp of “breeding” mass copyright infringement. The company behind X allegedly fails to properly respond to takedown notices and lacks a proper termination policy for repeat infringers. As a result, X is reportedly rife with music piracy.

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3 Count: Humans of Litigation

Plagiarism Today

Humans of New York creator unhappy with Bombay counterpart, Danish man faces prison over hacked streaming accounts and more. The post 3 Count: Humans of Litigation appeared first on Plagiarism Today.

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Discovering the Limit: Calculating the Copyright Damages Timeline

Patently-O

by Dennis Crouch The Copyright Act has a seemingly simple three year statute of limitations: No civil action shall be maintained under the provisions of this title unless it is commenced within three years after the claim accrued. 17 U.S.C. 507(b). It is somewhat surprising then that the Supreme Court has just granted certiorari in a case asking whether the statute “precludes retrospective relief for acts that occurred more than three years before the filing of a lawsuit.” Warner Cha

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Who Gets the Patent When AI Is the Inventor?

JD Supra Law

Artificial intelligence is transforming drug design — but it could also disrupt intellectual property law. To realize AI’s full promise, the US may have to reconsider its approach to issuing patents.

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The public lending right in Greece: Sleeping Beauty and Snow White

Kluwer Copyright Blog

Sleeping Beauty by Victor Gabriel Gilbert ‘Sleeping Beauty’: The previous legal regime And now the time has come to write about the lengthy story already mentioned here , the story of the public lending right in Greece; the right that allows authors and other rightsholders to receive payment (usually from government) to compensate for the free loan of their books by public.

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One Way AI is Definitely Like Napster

Plagiarism Today

The legal fight over generative AI is still heating up. However, there's at least one way this fight mirrors the 2000 battle against Napster. The post One Way AI is Definitely Like Napster appeared first on Plagiarism Today.

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EUIPO Fifth Board of Appeal rules out that sale of spare parts for Ferrari’s Testarossa is genuine use of the trade mark

The IPKat

Pursuant to Article 58(1)(a) of Regulation 2017/1001 (EUTMR), a trade mark which has not been put to genuine use by its holder within five years after its registration may be liable to revocation unless there are valid reasons for its non-use. When considering spare parts in connection with genuine use, the Court of Justice of the European Union (CJEU) held in Ferrari SpA v DU ( C-720/18) EU:C:2020:854 (amongst others) that use of a trade mark is also genuine use if the proprietor of the trade m

Fair Use 117
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Slam Dunk Creators: NBA Players Who Excel on and Off the Court

Copyright Alliance

National Basketball Association (aka NBA) stars are often known primarily for their skills on the court. But numerous players are also accomplished creators—known for their music, production skills, writing, acting, […] The post Slam Dunk Creators: NBA Players Who Excel on and Off the Court appeared first on Copyright Alliance.

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Suit for Copyright Infringement of Architectural Plans Allowed to Move Forward

JD Supra Law

In a September 22 decision, District Judge David J. Novak denied the bulk of a motion to dismiss a suit alleging that a general contractor had infringed an architectural firm’s copyright on design plans for a brewery and tasting room to be built in Williamsburg. Michael Pellis Architecture PLC v. M.L. Bell Construction LLC, Civil Action No. 3:22CV470 (DJN), 2023 U.S.

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3 Count: Hidden Mines

Plagiarism Today

Jay-Z and Ginuwine beat copyright lawsuit, India rules adaptations of religious work entitled to protection, and game modder angers users. The post 3 Count: Hidden Mines appeared first on Plagiarism Today.

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Court Rules Lego Creation Based on Religious Texts is Eligible for Copyright Protection

The IP Law Blog

In JBrick, LLC v. Chazak Kinder, Inc. et al , 1-21-cv-02883 (EDNY Sep. 21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff had created a “unique, accurately scaled, genuine LEGO®-brick interpretation” of the Second Beit Hamikdash, or Second Holy Temple (“Second Holy Temple”).

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Guest post by Dr. Dimeglio – An Invitation to Inclusive Innovation

Patently-O

Guest post by: Dr. Paola Cecchi Dimeglio , Chair of the Executive Leadership Research Initiative for Women and Minorities Attorneys at Harvard Law School and Harvard Kennedy School (This post is part of a series by the Diversity Pilots Initiative , which advances inclusive innovation through rigorous research. The first blog in the series is here and resources from the first conference of the initiative are available here. – Jason) Virtual reality, AI chatbots, and other emerging technolog

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Broad functional claiming at the EPO (T 0835/21)

The IPKat

The ever-present question for IP in certain technical fields is how much data is needed to support a patent application. In technically challenging fields, such as biotech, there will often be some doubt that a skilled person will be able to make the invention or that the invention actually has the technical effect it is purported to have. However, in some cases, the amount of data needed to overcome this doubt to support a patent application may still be surprisingly minimal.

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3 Count: Trial Bound AI

Plagiarism Today

Reuters AI case heading toward a trial, Ed Townsend's estate drops Thinking out Loud appeal and Getty launches AI image generator. The post 3 Count: Trial Bound AI appeared first on Plagiarism Today.

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Filmmakers Distribute Fake Movie Leak to Tease Pirates

TorrentFreak

A few hours ago, social media activity in India lit up when a ‘leak’ of the highly anticipated film “Fukrey 3” started to circulate. This third installment in the “Fukrey” comedy franchise is scheduled to premiere in theaters later this week, but pirates appeared to get it early once again. Local news media outlets were quick to jump on the topic and over the past several hours, numerous headlines eagerly informed readers that the film had leaked.

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Emails Analyzing Own Patents Likely Not Trade Secrets

Patently-O

by Dennis Crouch In most patent cases, the parties jointly agree to a system limiting the publication of confidential case information and typically file a stipulated motion for protective order seeking the a judicial order requiring the parties to comply. One problem with this approach is that it goes against our traditional notion that courts and court filings are open and accessible to the public.

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Bayh Dole-esque Guidelines Notified by Dept of Biotechnology

SpicyIP

Some interesting information, as taken from the DBT Website Earlier this month the Dept of Biotechnology notified the “ DBT Intellectual Property Guidelines 2023 “ (PDF) which they say ‘provide for ownership, transfer/commercializing of IP arising from DBT funded research outcomes” The notification says that the Guidelines shall be applicable to all DBT funded extra-mural and intra-mural research organisations.

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3 Count: Somebody is Listening

Plagiarism Today

Zayn Malik sued over Better, record labels hit back at X (Twitter) and EU lawmakers call for compromise on AI and copyright issues. The post 3 Count: Somebody is Listening appeared first on Plagiarism Today.

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United States Slips Back to Third Place in WIPO’s Global Innovation Index 2023

IP Watchdog

On September 27, the World Intellectual Property Organization (WIPO) released the Global Innovation Index (GII) 2023, providing a snapshot of the relative performance of innovation economies across the world. While this year’s Index reflects mostly positive news about the state of global innovation, a slight drop in the United States’ overall ranking should encourage policymakers to advance efforts that would address issues with the country’s innovation engine.

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Protect your organization against cyber threats

Olartemoure Blog

In an era where cyber threats are a permanent threat, the International Bar Association (IBA) presents a pioneering report to fortify your organization against cyber-attacks. Unveiling unique insights and actionable strategies, this report sets the global standard for safeguarding your organization’s digital landscape. Drawing from ten diverse jurisdictions including Australia, Brazil, Denmark, and more, the report offers comparative analyses enriched with international case studies.

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Another Drop in the Bucket: Delhi High Court’s Interim Injunction Denial for Vifor in FCM Patent Infringement

SpicyIP

Adding another leaf to the FCM patent litigation saga, the Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s product in the market. However, the court hesitated in passing a final word on whether FCM is a product-by-process patent or not, in light of the ongoing appeal before the Division Bench in Vifor v.

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I Filed an Amicus Brief Against New York’s Editorial Transparency Law

Technology & Marketing Law Blog

Earlier this week, TechFreedom (led by Corbin Barthold and Andy Jung) and I filed an amicus brief with the Second Circuit against N.Y. General Business Law Section 394-ccc, the 2022 law that requires social media platforms to disclose their editorial policies towards “hateful conduct.” A New York federal district court preliminarily enjoined the law on constitutional grounds, and the case is now on appeal to the Second Circuit.