Hugh Stephens Blog

AUGUST 3, 2021

On July 30 the Supreme Court of Canada (SCC) delivered what can only be described as body blow to the management of collective rights in Canada, although the collective society at the centre of the action, Access Copyright, pointed out in its press release that the Court “refuses to legitimize uncompensated copying by the education … Continue reading "Supreme Court of Canada Decision Undermines Canada’s Collective Licensing System: A Parliamentary Fix is Needed"

Licensing 246

Licensing Copying Copyright 246

Plagiarism Today

AUGUST 5, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: York Can’t Be Sued for Copyright Fees Not Agreed To: Top Court. First off today, Leslie MacKinnon at iPolitics reports that the Canadian Supreme Court has ruled unanimously that York University cannot be held liable for its failure to pay a collective licensing fee that it did not agree to pay.

Social Media 245

Social Media Music Copyright Infringement Licensing 245

Erik K Pelton

AUGUST 3, 2021

This week is the decathlon at the Tokyo summer Olympics. It is one of my favorite events, because it is test of versatility and overall athleticism in track and field. To win, one must be well rounded and very good in all 10 events. And there are 10 trademark events that – if a brand owners is very good in most or all of them – will build a strong and protected brand.

Branding 208

Branding Brands Branding Trademark 208

TorrentFreak

AUGUST 6, 2021

YouTube rippers are seen as the largest piracy threat to the music industry, and record labels are doing their best to shut them down. In 2017, YouTube-MP3, the world’s largest ripping site at the time, shut down after being sued, and several others followed voluntarily. A group of music companies hoped to achieve the same with FLVTO.biz and 2conv.com.

Music 145

Music Copyright Infringement Copyright 145

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?

Technology

JD Supra Law

AUGUST 6, 2021

Case Name: UCB, Inc. v. Actavis Labs. UT, Inc., Civ. No. 19-474-KAJ, 2021 WL 1880993 (D. Del. Mar. 26, 2021) (Jordan, J.) - Drug Product and Patent(s)-in-Suit: Neupro® (rotigotine); U.S. Patent No. 10,130,589 (“the ’589 patent”).

Patent 145

Patent 145

Plagiarism Today

AUGUST 2, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement. First off today, Blake Brittain at Reuters reports that U.S. District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law.

Copyright Infringement 246

Copyright Infringement Copyright Law Reporting Licensing 246

TorrentFreak

AUGUST 6, 2021

People who post copyrighted videos to sites like YouTube need to ensure they have the necessary rights to do so. This can include uploads with appropriate licensing or content posted within the guidelines of ‘fair use’, including criticism or parody, for example. However, posting content within these parameters is no guarantee against legal action, as a case in Australia now shows.

Copyright Law 144

Copyright Law Government Copyright Law 144

Technology & Marketing Law Blog

AUGUST 2, 2021

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. If I counted editions, this would be the 12th edition. The book is available as a PDF at Gumroad for $10, as a Kindle ebook for $9.99, and in hard copy at Amazon for $20. [The hard copy comes with a free PDF on request; and shipping should be free on Amazon Prime.

Editing 145

Editing Law Privacy Contracts 145

Plagiarism Today

AUGUST 3, 2021

Though the name Anu Malik might not be especially well-known outside of India, within the country he is an accomplished music director with a three-decade career and is best-known for composing songs for Indian films. Among his work is the song Mera Mulk Mera Desh , which was from the 1996 film Diljale. The soundtrack for the film, including that song, went on to be a major success, but the film itself went on to be classified as a “semi-hit” in the country.

Plagiarism 246

Plagiarism Music Copying 246

Erik K Pelton

AUGUST 2, 2021

Trademark registration guards a brand in the USPTO database 24 / 7/ 365 when other people are research new brand name possibilities, and when examiner are reviewing new trademark applications for possible conflicts. This is a tremendous benefit and value – just one of many that comes with trademark registration. For more PELTONISMS®, see: [link].

Registration 147

Registration Branding Brands Branding 147

Advertiser: IPO

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.

Patent

TorrentFreak

AUGUST 3, 2021

The status of YouTube as the most popular resource to stream free (or at least ad supported) music is a well-established fact. However, there are millions of users online today who would prefer to download music for keeps and that has resulted in a buoyant market for so-called YouTube-to-MP3 ripping services. Possibly the most popular platform in this sector is Y2Mate.com but developments this week have raised questions over the site’s future.

Music 145

Music Settlement Licensing Reporting 145

The IPKat

AUGUST 1, 2021

Former GuestKat Peter Ling was recently made aware of two referrals for a preliminary ruling made by the Supreme Court of Austria on the interpretation of Art. 3(1) and Art. 5(2)(b) of the InfoSoc Directive , in particular regarding "communication to the public". The referrals stem from two cases, unrelated to one another except for the underlying legal issues that are the subject of the referrals.

Television 145

Television Art Advertising Advertising 145

Plagiarism Today

AUGUST 4, 2021

Have any suggestions for the 3 Count? Let me know via Twitter @plagiarismtoday. 1: Jamaica Olympian Elaine Thompson-Herah Booted From Instagram Over Copyright Violations. First off today, Ryan Gaydos at Fox News reports that Jamaican sprinter Elaine Thompson-Herah has been suspended from Instagram after she posted videos of her races to the service.

Copyright Infringement 245

Copyright Infringement Licensing Plagiarism Copyright 245

Erik K Pelton

AUGUST 3, 2021

This week is the decathlon at the Tokyo summer Olympics. It is one of my favorite events, because it is test of versatility and overall athleticism in track and field. To win, one must be well rounded and very good in all 10 events. And there are 10 trademark events that – if a brand owners is very good in most or all of them – will build a strong and protected brand.

Branding 130

Branding Brands Branding Trademark 130

TorrentFreak

JULY 31, 2021

Attracting billions of eyeballs from all over the world, the Summer Olympics is the most watched sporting event. While sports achievements are the main focus, the opening ceremony attracts one of the biggest audiences. This was no different last Friday when the Tokyo 2020 officially opened. In the past, we also noticed a massive interest in the Olympics on various pirate sites.

Copying 145

Copying Reporting Technology Copyright 145

Technology & Marketing Law Blog

AUGUST 3, 2021

Washington’s anti-SLAPP statute was struck down by the Washington State Supreme Court in May 2015. Effective July 25, 2021, Washington has a new anti-SLAPP statute. My summary of the statute: Scope of coverage : The statute applies to causes of action based on: (1) a person’s statement to a governmental body; (2) a statement on an issue under consideration by a governmental body; and (3) an exercise of someone’s First Amendment rights under the state or federal constitutions “on a matter of publ

Law 144

Law Litigation Government Advertising 144

Plagiarism Today

AUGUST 5, 2021

In a story that is becoming all-too-familiar, another school superintendent’s career may be in jeopardy following plagiarism in a commencement speech. This story involves Matthew Strine, the current superintendent of the South MIddleton School District in Pennsylvania. During a graduation speech, he gave to Bolling Springs High School on June 10, he repeatedly took language from a 2011 address actress Amy Poehler gave at Harvard University.

Plagiarism 244

Plagiarism Contracts Law 244

IP Watchdog

AUGUST 2, 2021

With the value of his music catalogue still subject to an ongoing dispute between the trust managing his estate and the IRS, Prince, who died in 2016, has a new partner. Primary Wave, whose catalog includes songs by Nirvana, Bob Marley, Ray Charles and Smokey Robinson, has taken a roughly 50% stake in Prince’s estate, buying out the interests of three of the late musician’s siblings.

Intellectual Property 137

Intellectual Property Music Ownership IP 137

TorrentFreak

AUGUST 4, 2021

The music industry is convinced. Downloading music from public streaming services, YouTube in particular, is the greatest piracy threat to the industry. The RIAA and several key music labels are doing everything in their power to counter this menace. They’ve sued several YouTube download sites, removed streamripper URLs from search engines, and most recently they targeted the open-source tool youtube-dl as well.

Music 145

Music Government Business Copyright 145

SpicyIP

AUGUST 1, 2021

Image with the text ‘open the gate’ (Image from here ). In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Continuing the same thread of suggested reforms, in this post I will be analyzing the other changes recommended to the Act that focus on a few procedural provisions.

Reporting 136

Reporting Patent Law Patent Application Patent 136

The IPKat

AUGUST 2, 2021

Kat friend Francisco Martínez summarizes the main points of the Bitcoin law recently enacted in El Salvador. On June 8, 2021, the Legislative Assembly of El Salvador adopted the Bitcoin Law, which will enter into force on September 9, 2021. The law aims to promote economic growth for the country and to facilitate greater financial inclusion of its population, 70% of which does not have access to traditional financial services.

Government 135

Government Licensing Law Marketing 135

Technology & Marketing Law Blog

JULY 31, 2021

Instacart uses Stripe as a payment processor. Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. This is what the court’s opinion had. The applicable disclosures are in the bottom right of the screenshot). The court says Instacart creates an enforceable sign-in-wrap (ugh): The Court finds Instacart’s privacy policy conspicuous and obvious for several reasons.

Privacy 132

Privacy Technology Blogging Marketing 132

TorrentFreak

AUGUST 4, 2021

With millions of visitors every month, 4anime was a force to be reckoned with in the pirated anime streaming market. As a result it attracted the negative attentions of rightsholders, some of whom moved to have the platform blocked by Australian ISPs. However, last month the show was abruptly over after 4anime took the decision to close itself down.

Intellectual Property 144

Intellectual Property Marketing Marketing Law 144

IP Watchdog

AUGUST 3, 2021

Few events capture the attention of the world like the Olympic Games. Around the globe and across the country, people tune in nightly to watch their nation’s athletes compete for a spot on the medal stand. But behind the breathtaking gymnastics performances and thrilling swimming races is some of the most valuable intellectual property in sports. And the United States Olympic & Paralympic Committee (USOPC)—the organizing body in charge of the nation’s Olympic efforts—is just as serious abou

Trademark 132

Trademark Intellectual Property IP 132

The IPKat

AUGUST 2, 2021

Just before closing down for summer vacation, Advocate General (AG) Saugmandsgaard Øe issued his Opinion in Case C-123/20 concerning the protectability of ‘partial designs’ (design rights for part of a product) as an unregistered Community design right. The request for preliminary ruling by the Court of Justice of the European Union (CJEU) originates from the German Federal Court of Justice (Bundesgerichtshof).

Designs 130

Designs Design Art Law 130

Patently-O

AUGUST 4, 2021

Guest Post by Meshandren Naidoo and Dr. Christian E. Mammen. A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Over the past three years, the AI algorithm DABUS (short for Device for the Autonomous Bootstrapping of Unified Sentience) and its team of supporting humans, including Dr.

Invention 128

Invention Patent Inventor Intellectual Property 128

TorrentFreak

AUGUST 5, 2021

In March of 2019, several major music companies sued Charter Communications, one of the largest Internet providers in the US with 22 million subscribers. Helped by the RIAA, Capitol Records, Warner Bros, Sony Music, and others accused Charter of deliberately turning a blind eye to its pirating subscribers. Among other things, they argued that the ISP failed to terminate or otherwise take meaningful action against the accounts of repeat infringers, even though it was well aware of them.

Music 142

Music Copyright Infringement Copyright Copying 142

IP Watchdog

AUGUST 2, 2021

The Federal Court of Australia on Friday ruled in Thaler v Commissioner of Patents [2021] FCA 879 that an artificial intelligence (AI) system can be an inventor under the Australian Patents Act. The Honorable Justice Beach, in a very thorough judgment, set aside the decision of the Deputy Commissioner of Patents that patent application no. 2019363177 did not comply with reg 3.2C(2)(aa) of the Patents Regulations 1991 (Cth), which “requires that the applicant, who in this case is Dr Stephen Thale

Inventor 131

Inventor Invention Ownership Patent Application 131

The Illusion of More

AUGUST 3, 2021

Recently, the New York and Maryland state legislatures passed nearly identical eBook licensing bills (and Rhode Island had a sister bill in the works) responding to complaints of inequity by various library associations. Couched in the rhetoric of seeking “reasonable terms” on behalf of readers, and claiming to be neither anti-publisher nor anti-author, what the […].

Licensing 125

Licensing Law Publishing Copyright Law 125

Patently-O

AUGUST 3, 2021

by Dennis Crouch. This decision shows how potential defendants can easily use their corporate structure to shelter a parent company from having to defend against patent infringement lawsuits. Andra Group v. Victoria’s Secret Stores ( Fed. Cir. Aug 3, 2021 ). Andra sued Victoria’s Secret for infringing its US Pat. 8,078,498 covering a lingerie virtual showroom.

Branding 126

Branding Brands Branding Business 126

TorrentFreak

JULY 31, 2021

In the United States, broadcaster DISH Network has filed dozens of lawsuits targeting the operators of numerous streaming platforms, usually based on relatively straightforward violations of either the Copyright Act or the Federal Communications Act. A new lawsuit filed this month based on the anti-circumvention provisions of the DMCA addresses the same problem from an interesting angle.

Technology 139

Technology Artwork Television Copyright 139

IP Watchdog

AUGUST 2, 2021

This article concerns the impact of Ex Parte Sauerberg, a 2017 Patent Trial and Appeal Board (PTAB) decision, on the safe harbor provision of 35 U.S.C. § 121. We address whether Sauerberg is consistent with Federal Circuit law and decades of U.S. Patent and Trademark Office (USPTO) practice, and discuss implications for practitioners. Section 121 is designed to address potential unfairness that may arise from the interplay of two common aspects of patent prosecution practice.

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Patent Prosecution Patent Designs Design 130

Legal Zoom

AUGUST 4, 2021

Blockchain technology is revolutionizing business operations, but which blockchain business ideas are practical in the real world? This guide explores realistic implementations for blockchain and explores its effect on small business owners.

Business 122

Business Technology 122

Likelihood of Confusion

AUGUST 4, 2021

One of the dumbest things people — overlawyered, and, sadly, mainly professionally-licensed people — have tried to do to avoid negative online reviews is to find ways of claiming some. The post Decline and fall of the dumb copyright trick appeared first on LIKELIHOOD OF CONFUSION™.

Copyright 119

Copyright Licensing Copyright Law Law 119

TorrentFreak

AUGUST 5, 2021

Few if any developed countries in the world can say they have conquered the pirate streaming problem. Unlicensed sites and piracy-configured set-top boxes are available almost everywhere, providing access to every movie, TV show and increasingly live TV channels too. Taiwan is no outlier. In 2020, a report from the Asia Video Industry Association’s Coalition Against Piracy (CAP) revealed that 28% of consumers use devices that can stream pirated content. with those branded QBox, Ubox and EVPad pr

Reporting 137

Reporting Intellectual Property Licensing Copyright 137