Sat.Nov 18, 2023 - Fri.Nov 24, 2023

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Another “Magic: The Gathering” Art Plagiarism Scandal

Plagiarism Today

Wizards of the Coast, the makers of Magic: The Gathering, are at the center of another plagiarism scandal. Here's what happened. The post Another “Magic: The Gathering” Art Plagiarism Scandal appeared first on Plagiarism Today.

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As Creator’s Rights Face New Challenges, Canada Needs to Keep Pace with International Developments

Hugh Stephens Blog

Image by Greg Altmann/Pixabay This blog post appeared first in Open Canada, the journal of the Canadian International Council, on November 20, 2023.

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Trademark Lessons from Taylor Swift The Eras Tour

Erik K Pelton

Erik reflects on similarities between The Eras Tour and the trademark application process in this podcast. The post Trademark Lessons from Taylor Swift The Eras Tour appeared first on Erik M Pelton & Associates, PLLC. Erik reflects on similarities between The Eras Tour and the trademark application process in this podcast.

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AI Copyright Infringement Suit Proceeds in California District Court

JD Supra Law

In an early test of the interplay between artificial intelligence (AI) and copyright law, the US District Court for the Northern District of California recently allowed a copyright infringement claim to proceed against an AI developer that used an artist’s works without authorization to train a machine learning model.

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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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Plagiarism in Pop Culture: Randy Feltface

Plagiarism Today

A recent routine by Australian comedian Randy Feltface took a look at plagiarism in stand-up comedy. Here's why he's not a plagiarist. The post Plagiarism in Pop Culture: Randy Feltface appeared first on Plagiarism Today.

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Bill C-18 Bailout: Government Announces Plans to Pay For 35% of Journalist Costs for News Outlets as It More Than Doubles Tax Credit Per Employee

Michael Geist

The government has taken the first step to creating a bailout for its disastrous Bill C-18 by agreeing to News Media Canada demands to increase the support under the Labour Journalism Tax Credit. While the current system covers 25% of the journalist costs up to $55,000 per employee (or $13,750), the government’s fall economic statement increases both the percentage covered and cap per employee.

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Artificial Intelligence: Intellectual Property Considerations for Your Business Operations

JD Supra Law

INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer support, search engine optimization, market research, and inventory management. Now, AI-enabled technologies have become a regular fixture of many software-based services, such as technologies built on conventional machine learning or complex neural networks.

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3 Count: Scammer Repayment

Plagiarism Today

YouTube ContentID scammers ordered to pay restitution, art group sues insurance company in India and MPA releases new PSAs. The post 3 Count: Scammer Repayment appeared first on Plagiarism Today.

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Canadian Government Quietly Backs Down on its Implementation Plans for a Digital Services Tax

Michael Geist

The federal government has quietly backed down from its plans to implement a new digital services tax as of January 2024 that the Parliamentary Budget Officer estimated would generate billions in revenue. It did not make the headlines or receive much promotion, but after months of insisting that a digital services tax would take effect in Canada in January 2024, the government has now removed that implementation deadline in the Fall Economic Statement.

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Limitation period for copyright infringement actions in France

The IPKat

This Kat always eagerly awaits decisions from the French Cour de Cassation, so he was delighted to find out about an important recent decision on copyright (Cour de cassation, 1st Civil Chamber, 15 November 2023, n° 22-23.266). The judgment focuses on a procedural aspect, namely the limitation period for an action for copyright infringement. "The Horses Fountain" Facts In 1985, Frédéric Jaeger, artist, sculptor, and painter, was commissioned by Yves Bienaimé, founder of the Museum of the Living

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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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The Briefing: Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?

The IP Law Blog

The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric Caligiuri discuss this case on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here. Read Eric’s article about this case here.

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3 Count: Leaving Uruguay

Plagiarism Today

Spotify announces plans to leave Uruguay, computer parts not copyright protected in India and Tupac song center of copyright lawsuit. The post 3 Count: Leaving Uruguay appeared first on Plagiarism Today.

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A Copyright Alliance Thanksgiving 2023

Copyright Alliance

I have been proud to serve as the CEO of the Copyright Alliance for the past eight years. During that time, I have witnessed our fair share of ups and […] The post A Copyright Alliance Thanksgiving 2023 appeared first on Copyright Alliance.

Copyright 114
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EPO doubles down on opposition acceleration commitment

The IPKat

Accelerated EPO oppositions. The perennial topic of anguish, anger, anxiety, annoyance, etc amongst patent attorneys and litigators, alike. With the Unified Patent Court (UPC), a new dimension arrives. Patent litigation strategists are not just plotting out their timelines of national proceedings v EPO, but also the UPC. The UPC forecasted this issue and made provision in its Rules of Procedure.

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What Exactly Is Overburden (Muri)?

Christopher Roser

Overburden (muri) is one of the three evils of manufacturing, along with unevenness (mura) and waste (muda). Out of the three, overburden is probably the least understood. Hence, in this post I will look deeper at overburden, including plenty of examples as well as the effects of overburden on your people. Introduction There are three. Read more The post What Exactly Is Overburden (Muri)?

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Garbage in, garbage out

Likelihood of Confusion

I moan constantly about Congress’s refusal to do its job and make policy decisions about trademark and copyright via legislation that reflect the technological and economic realities of our time, The post Garbage in, garbage out appeared first on LIKELIHOOD OF CONFUSION™.

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Facebook’s LLaMa Defeats Copyright Claims–Kadrey v. Meta

Technology & Marketing Law Blog

This is another preliminary ruling in the copyright battle over generative AI. The stakes of this battle couldn’t be higher. Copyright law has the capacity to nix the entire generative AI category. Fortunately, Judge Chhabria easily rejects the copyright owners’ overclaims. The defendant in this case is Facebook’s LLaMa, a “ foundational, 65-billion-parameter large language model ” that is “ available for free for research and commercial use.” The plaint

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Lewis Hamilton! Lewis who?

The IPKat

Lewis Hamilton is one of the most successful Formula 1 drivers of all time. Yet he does not seem to be famous enough to get his name registered as an EU trade mark. The Board of Appeal of EUIPO (‘BoA’) recently confirmed that his application for ‘LEWIS HAMILTON’ conflicts with the well-known watch maker’s trade mark ‘Hamilton’ (case R336/2022-1 ). Background On 14 July 2015, 44IP Limited (’44IP’), which manages the IP rights of Sir Lewis Carl Davidson Hamilton MBE, filed EU trade mark applicatio

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Star Trek Fan Blog Triggers New Entry in Automattic’s DMCA “Hall of Shame”

TorrentFreak

As one of the leading niche blog platforms, Tumblr receives thousands of DMCA takedown requests every year. Many of these point to copyright-infringing material, but not all. Tumblr’s parent company Automattic is known to inspect all takedown notices carefully and has a track record of defending its users, whether abuse is intentional or not. To set an example, the company occasionally highlights the worst offenders in its “Hall of Shame.

Blogging 101
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“DUMB STARBUCKS”: Grasping at laws.

Likelihood of Confusion

Your blawger, he is conflicted. Part of me does not want to give the—ahem—geniuses behind the DUMB STARBUCKS stunt any more press, but the rest of me feels that you, The post “DUMB STARBUCKS”: Grasping at laws. appeared first on LIKELIHOOD OF CONFUSION™.

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Improving Customer Experience with AI

Velocity of Content

As the Senior Director of Client Engagement and Solutions at CCC for the past 14 years, I spend a lot of time looking for ways to improve our customers’ experience. In fact, our entire company does, thanks to our “Customer Experience First” (CX1) program. Since its inception several years ago, this program has been an incredible vehicle to ensure the “voice of the customer” stays at the forefront of everything we do here at CCC; from the way we look critically at how we operate to how we deliver

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Publicity Rights Concerning Sports Athletes

IP and Legal Filings

Introduction There is no exact legislation in India concerning regulating the publicity rights of a sports athlete. Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i] In principle, the Delhi High Court has recognized publicity rights in the case of ICC Development (International) Ltd v Arvee Enterprises (2003).

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AimJunkies Maintain That Cheating is Legal, Appeals Bungie’s $4.3 Million Arbitration Award

TorrentFreak

Two years ago, Bungie filed a complaint at a federal court in Seattle, accusing AimJunkies.com of copyright and trademark infringement, among other things. The same accusations were also made against Phoenix Digital Group, the operating company behind the website, and third-party developer James May. AimJunkies denied the claims and argued that cheating isn’t against the law.

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BofA, JPMorgan, 9 Other Banks Face Data Security Patent Suits

IP Law 360

A data security firm has slapped JPMorgan Chase, Bank of America and nine others with separate patent actions in Texas federal court, claiming they ripped off its pioneering inventions that follow the "Sheltered Harbor" industry standards for banks to protect critical information and recover from cyberattacks.

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Blood Money:  BMI’s Mushy Press Release Buries The Lede on Google “Investment”

The Trichordist

BMI takes blood money from Google to sell itself. We know what you are, we’re just haggling about the price.

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[Guest Post] UK House of Lords Inquiry into Large Language Models

The IPKat

As the UK Government grapples with how to address the new technological landscape of artificial intelligence, several Committee Inquiries are underway to consider if or how the Government should intervene, including the House of Lords Communications and Digital Committee on Large Language Modules, at which this Kat was invited to provide evidence. This report is provided by Aiswarya Deepa Padmakumar , Simon Parayemkuzhiyil Abraham , and Aashish Murali Krishnan who attended the session and are st

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StreamSafely: Anti-Piracy Campaign or Multi-Million Dollar Marketing Machine?

TorrentFreak

In the unlikely event people haven’t noticed, the internet isn’t what it used to be. In so many ways it has already surpassed our wildest dreams but in common with the physical world, threats to personal safety are inevitable and significant. Online security is the headline theme of the StreamSafely anti-piracy campaign and this week the U.S.

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Detective work: Hunting down the copyright victory (of a “cop”).

Likelihood of Confusion

If you want to read an article about an important development in copyright news, but you don’t want to be distracted by a lot of “facts” and such, enjoy this. The post Detective work: Hunting down the copyright victory (of a “cop”). appeared first on LIKELIHOOD OF CONFUSION™.

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Harpic v. Domex:Product disparagement or nominative fair use?

IP and Legal Filings

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising. Comparative advertising is defined as a strategy where one product is being compared with its competitor in order to tell the masses that why the former is superior to

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The B-Side Blog- Unveiling the Almonte Magic: Hallmark Movies, Intellectual Property, and the Recipe for Festive Enchantment

Nelligan Law

Reading Time: 3 minutes Prepare for a journey through the sunlit streets of Almonte, where the allure of Hallmark Christmas movies intertwines with the legal tapestry of intellectual property. Amidst the summer glow and quaint townscapes, the convergence of reality and reel world poses an intriguing question: Can Hallmark claim ownership over a recipe that brings forth wintry magic, despite the fake snow and sunny filming days?

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Google Asked to Deindex iptv-org, The World’s Largest Free IPTV Repo

TorrentFreak

While premium IPTV services have built a reputation for beating legal platforms on both selection and price, they also cost at least some money to access. Sites offering ‘IPTV for free’ can go either way, but thanks to so-called ‘FAST’ services such as Pluto TV and Peacock TV, taking risks is no longer necessary. That’s if older mainstream content scratches the itch and users don’t mind lots of advertising.

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Further Thoughts on Patent Eligibility and Predictability

Patently-O

By Chris Holman I enjoyed reading the recent article by Professors Rantanen and Datzov , and was not surprised by their conclusion that the courts are generally applying the Supreme Court’s patent eligibility precedent in a relatively predictable manner. I have not conducted such a systematic review of patent eligibility decisions, but over the years I have read quite a few of them, and for some time I have felt that I can usually predict which way the court will go in deciding these cases.

Patent 90
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Legality of Recording Phone Calls in India & Admissibility of Such Evidence Before the Court

IP and Legal Filings

Introduction Nowadays, most of the interaction between individuals takes place through phone calls, and physical interaction between individuals has become a rarity. Even business transactions take place through mobile calls, and thus, people have a tendency to record those calls to keep proof of the conversation so that the other person doesn’t back off from their statement.

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2023 Doing Business in the United States

JD Supra Law

The U.S. is one of the easiest jurisdictions in the world in which to do business and continues to be the world’s top destination for foreign direct investment. Regulatory barriers are generally low, establishing a branch or business entity is quick and easy, labor and employment laws are much more employer-friendly than in most other developed economies, and the legal system is well-developed and transparent.

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€300m Per Year Rightsholder ‘Private Copying’ Payouts Face Scrutiny

TorrentFreak

When cassette recorders, VCRs and similar devices hit the mainstream, entertainment companies with business models reliant on customers buying copies faced uncertainty. The fear of consumer copies was encapsulated by the now-famous words of the MPAA’s Jack Valenti: “The VCR is to the American film producer, as the Boston Strangler is to the woman home alone,” Valenti said.

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