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

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Fair Dealing, Fair Use…and Fair Play

Hugh Stephens Blog

Credit: author Yes folks, it is Fair Use/Fair Dealing Week again (Feb 20-24, 2023). As I wrote last year at this time, the activity is promoted by the Association of Research Libraries in the US, with separate components labelled Fair Dealing Week in Canada and the UK.

Fair Use 246
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Why Schools Are Ignoring Old Cases of Plagiarism

Plagiarism Today

As searchers find evidence of plagiarism in old dissertations and theses, they're finding schools are less willing to investigate such cases. The post Why Schools Are Ignoring Old Cases of Plagiarism appeared first on Plagiarism Today.

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Trademark Registration Provides Double Protection

Erik K Pelton

Registration of a trademark with the USPTO acts like both a smoke detector and a fire extinguisher. The registration works like a detector to help minimize the chances of an infringement situation, and it acts like an extinguisher to help extinguish infringements that arise quicker and easier. In short, there is no more powerful tool to protect a brand than trademark registration.

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U.S. Copyright Office Clarifies Limits of Copyright for AI-Generated Works

IP Watchdog

The U.S. Copyright Office (USCO) this week finalized its refusal to uphold, in part, a registration it issued to Kristina Kashtanova for a graphic novel that contained generative artwork and human story and design elements. In a letter sent to Kashtanova’s counsel on Tuesday, the USCO expressed its concerns that underlying artwork generated using the AI-powered text-to-image tool Midjourney was capable of meeting the human authorship requirement for copyright protection.

Copyright 145
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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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Quick Debrief on the Gonzalez v. Google Oral Arguments

Technology & Marketing Law Blog

I’m going to crank this blog post out before I get swamped with press requests. My takeaways: I did not hear 5 votes in favor of the plaintiffs’ position. Indeed, the justices didn’t really engage with the plaintiffs’ core arguments much after their initial dismantling, which I take as a sign of their lack of persuasiveness. For that reason, I have a little optimism that Google will win the votes– much more so than yesterday.

Blogging 145
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3 Count: Disney Dodge

Plagiarism Today

US Copyright Office rejects another AI copyright, film studios want Reddit to identify pirate users, and Disney wins a long-running lawsuit. The post 3 Count: Disney Dodge appeared first on Plagiarism Today.

More Trending

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The Bill C-18 Reality: Everyone Loses When the Government Mandates Payments for Links

Michael Geist

The report that Google is conducting a national test that removes links to Canadian news sites for a small percentage of users sparked a predictable reaction as politicians who were warned that Bill C-18 could lead to this, now want to know how it could happen. None of this week’s developments should come as a surprise. Bill C-18 presents Google and Facebook with a choice: pay hundreds of millions of dollars primarily to Canadian broadcasters for links to news articles or stop linking.

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Filmmakers Request Identities of Reddit Users to Aid Piracy Lawsuit

TorrentFreak

Under U.S. copyright law, Internet providers must terminate the accounts of repeat infringers “in appropriate circumstances.” Many ISPs have been reluctant to take such drastic measures, which triggered a wave of copyright infringement lawsuits in recent years. Internet provider RCN is among the targeted providers. In 2021, the company was sued by several film companies, including the makers of The Hitman’s Wife’s Bodyguard, London Has Fallen, and Hellboy.

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Why Machine Training AI with Protected Works is Not Fair Use

The Illusion of More

As most copyright watchers already know, two lawsuits were filed at the start of the new year against AI visual works companies. In the U.S., a class-action was filed by visual artists against DeviantArt, Midjourney, and Stability AI; and in the UK, Getty Images is suing Stability AI. Both cases allege infringing use of large […] The post Why Machine Training AI with Protected Works is Not Fair Use appeared first on The Illusion of More.

Fair Use 138
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Highlights from the new EPO Guidelines for Examination 2023: Erroneous parts, UPC and sequence listings

The IPKat

The updated EPO Guidelines for Examination will enter into force on 1 March 2023. A draft version of the Guidelines can be previewed here. The main updates this year are those taking account of the new sequence listing standard, the imminent arrival of the Unified Patent Court and the new Rule 56a EPC on erroneously filed parts. Missing and erroneous parts The Guidelines have been amended throughout to reflect the introduction of Rule 56a EPC in 2021 (A-II-6).

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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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Informal innovation: The re-emergence of ‘informal’ washing machines

SpicyIP

Image from here A topic close to this blog’s heart – informal innovation, recently made headlines. The Prime Minister of the UK awarded Navjot Sawhney with the Points of Light Award for his hand-cranked washing machines. This award recognises volunteers, charity leaders and community champions. Navjot Sawhney designed washing machines that are cranked by hand and do not use any electricity.

Marketing 126
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MPA: Pluto TV.m3u Playlists Facilitate Piracy on a Massive Scale

TorrentFreak

For people who enjoy movies and TV shows but prefer not to hand over a monthly subscription, Pluto TV is one of the most popular legal services around. Depending on the region, Pluto TV offers up to 250 ‘channels’ covering TV shows, movies, general entertainment, documentaries, sports, and news. For those who prefer audio-only, Pluto TV throws in a selection of music channels too.

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Allen v. Cooper: Back with a (Queen Anne’s) Vengeance

IP Watchdog

In Allen v. Cooper, the U.S. Supreme Court held that the Copyright Remedy Clarification Act of 1990 (CRCA) (codified at 17 U.S.C. §§ 501(a) & 511) did not abrogate a state’s sovereign immunity from copyright infringement liability. A casual reading of that decision might have led one to reasonably believe that it ended the plaintiffs’ copyright case.

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Navigating the three horizons of 5G business building

McKinsey Operations

As 5G technology transforms industries, telcos’ ability to maximize the opportunity will depend on transforming themselves from network providers to outcome providers with a new approach to monetization.

Business 121
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Official, municipal and trademarkable

Likelihood of Confusion

A long time ago I asked this question about the aggressive IP — or quasi-IP — enforcement policy of New York’s Metropolitan Transit Authority: [T]he libertarians remind us constantly, and accurately, that when something is everyone’s property, it is ultimately treated like no one’s property at all — which “everyone” ends up paying for.

Trademark 118
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Russia Claims Ukraine & Allies Use Pirate Sites to Spread Propaganda

TorrentFreak

From February 28, 2023, availability of Western content on Russia’s legal streaming portals is set to nosedive. Following the invasion of Ukraine a year ago, new video content produced by major Western companies mostly disappeared from Russian cinemas and online platforms. Older content covered by existing licensing agreements remained in place, but in a matter of days, many of those deals will run out.

Cinema 135
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Long walk to copyright reform (Pt 5B): Contents and process: The Blind SA decision and the Constitutional Court

The IPKat

This is the promised second part of the post reviewing the South African MPs’ opposition to the Copyright Amendment Bill (CAB). As stated in the first part , “[g]iven that the key concerns against the CAB was that if passed, it may end up before the ConCourt, it appears the Court’s decision in Blind SA v Minister for Trade, Industry and Competition & others may offer a foretaste of what could happen should the CAB end up before that court”.

Copyright 111
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Seizing the momentum to build resilience for a future of sustainable inclusive growth

McKinsey Operations

The ‘resilience agenda,’ developed by the World Economic Forum with McKinsey & Company, is the first serious program to coordinate long-term solutions throughout our disrupted world.

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Countdown to the Unified Patent Court, Part I: The Judges

IP Watchdog

On February 17, 2023, Germany ratified the Agreement on the Unified Patent Court. This means that the Unified Patent Court (UPC) will definitely go live on June 1, 2023. Thus, it’s time to get one’s ducks in a row and to prepare for this new court system, which provides for a new pan European injunction in patent matters. In order to faciliate such preparation, we will be providing a series of five articles over the coming months until the system starts that will deal with the most important asp

Patent 111
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Brazil Shuts Major Anime Piracy Sites – It Might Be Hiding Something Bigger

TorrentFreak

‘Operation 404’ is an ongoing law enforcement initiative in Brazil that aims to disrupt the availability of pirated content online. Operation 404 took on pirate IPTV services in 2022, but earlier waves have targeted everything from regular websites to popular Android apps. According to a government announcement, authorities have just shut down “the two biggest digital anime pirate sites” in Brazil as part of Operation 404 offshoot, ‘Operation Anime’ Operation

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Like a Moth to the Flame: Attract Corporations and IP Will Come

IPilogue

Androu Waheeb is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Intensive Program. Gone are the days when businesses were valued by their ability to market tangible goods. Ontario’s Expert Panel on Intellectual Property (EPIP) and CIPO reported that intangible assets (IP and data) are crucial to wealth creation and represent the “world’s most valuable business and national security assets.

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Winning the SMB tech market in a challenging economy

McKinsey Operations

The small-and-midsize-business market has huge potential, but it’s also highly competitive and fragmented. Tech providers must understand the unique, evolving needs and preferences of small companies.

Marketing 115
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Judge Calls Cellspin’s Motion for Recusal in Infringement Case ‘Divorced from the Law and Facts’

IP Watchdog

Last week, U.S. District Judge Yvonne Gonzalez Rogers issued an order denying Cellspin Soft’s motion for recusal that sought the vacatur of a summary judgment that released Fitbit, Nike, Under Armour, and others from patent infringement liability. Judge Gonzalez Rogers wrote “in short, plaintiff’s attack on the integrity of the judiciary… not only demonstrates a measure of desperation, but is divorced from the law and the facts.

Law 110
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The European Union’s Official Site Has a Persistent ‘Piracy’ Problem

TorrentFreak

The European Union recognizes that online piracy poses a serious threat to copyright holders and the public at large. Last December, the EU published an updated version of its biannual piracy and counterfeiting watchlist , calling out some of the worst offenders. “Infringements of intellectual property rights, in particular commercial-scale counterfeiting and piracy, pose a serious problem for the European Union,” the EU Commission wrote.

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Anonymous for Now: Demystifying Data De-Identification

IPilogue

Egin Kongoli is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. Pina D’Agostino’s IP Innovation Program. Canada is getting serious about consumer privacy, or so our lawmakers claim. Parliament has recognized the public’s need for a data framework that ensures proper transparency and accountability. [i] Ottawa’s response is Bill C-27 and the proposed Consumer Privacy Protection Act ( CPPA ), meant to govern the future collection, use, and disclos

Privacy 105
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What climate-smart agriculture means for smallholder farmers

McKinsey Operations

McKinsey research identified more than 30 measures that smallholder farmers can pursue to adapt to and mitigate climate change.

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Mandated Payment for Links To Cover 35% of News Expenditures?: Google Responds to Bill C-18 By Testing Blocking Links to News Content

Michael Geist

The battle between Canadian Heritage Minister Pablo Rodriguez and Internet giants Google and Facebook continues to head toward a seeming inevitable collision in which the government repeatedly says it will not be intimidated even as the two Internet companies block or reduce access to news content on their platforms in Canada. Reports last night indicate that Google is now testing blocking news links for a small percentage of Canadian users, with the company saying it needs to assess potential r

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Bungie Requests $6.7 Million Default Judgment Against LaviCheats

TorrentFreak

In the summer of 2021, game developer Bungie filed a complaint targeting three well-known cheat sellers; Elite Tech Boss, Lavicheats & VeteranCheats. The case against Elite Tech Boss has been the most eventful thus far. Within a few months, this resulted in a consent judgment where a key defendant agreed to pay $13.5 million in damages. That judgment didn’t settle the matter completely as Bungie still has other targets in its crosshairs.

Copying 125
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When Modern Technology Meets History – How Museums Are Creating Interactive Experiences

IPilogue

Sally Yoon is an IPilogue Writer and a 3L JD Candidate at Osgoode Hall Law School. Museums have long been a source of education and inspiration, but technological advancements have allowed for exhibitions that display a unique intersection of modern technology and history. Exhibitions incorporating the use of AR and VR technologies enable visitors to “step in” to a painting of a historically important moment in time and absorb educational content through interactive games.

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Five Reasons Bitcoin and Cryptocurrency Startups Should Prioritize IP

JD Supra Law

Despite recent headlines that have proclaimed “The End of Crypto” in view of large-scale failures at cryptocurrency companies like FTX, Celsius, and Blockfi, innovation in the space continues at an accelerating pace. Startups around the world are focused on building new products and applications designed to improve the ability of users to manage and deploy their bitcoin and cryptocurrency assets.

IP 100
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Press Release: Texas Governor Abbott Announces Statewide Plan Banning Use Of TikTok — Artist Rights Watch

The Trichordist

"Owned by a Chinese company that employs Chinese Communist Party members, TikTok harvests significant amounts of data from a user’s device, including details about a user’s internet activity.

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Japan’s Systematic Assault on Manga & Anime Piracy Broadens & Intensifies

TorrentFreak

After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. Publishers and authors could only watch as their work fueled a huge but unlicensed black market. By offering free localization and distribution services in what was once a chronically underserved overseas market, hobbyist translators and pirate sites made manga more accessible in every way.

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What are the requirements for getting a design patent?

Patent Trademark Blog

Are there any requirements for getting a design patent? Design patents can be quite powerful. They are part of a complete IP package you should consider to build a moat around your product. Even though design patents are easier to get than utility patents, it is still possible for a design application to be rejected. 35 USC 171 sets forth the requirements for getting a design patent.

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2022 Design Patents Year in Review: Analysis and Trends: PTAB: Odds of Escaping Challenges Remain Steady for Design Patents, Despite First Instituted Challenge to Design Patent for Graphical User Interface

JD Supra Law

In 2022, the Patent Trial and Appeal Board (PTAB) did not issue any final written decisions involving design patents. However, it did issue three decisions granting review of challenged design patents and three decisions denying review of challenged design patents, maintaining 2021’s design patent institution rate of 50%. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement

SpicyIP

Have you ever wondered who protects the IP rights of IP lawyers? What happens when an IP firm is sued for infringing IP rights of other law firms? SpicyIP Intern Niyati Prabhu discusses a few such instances in this guest post. Niyati is a second year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy