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 201
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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.

Trademark 147
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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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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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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.

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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.

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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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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).

Patent 136
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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 133
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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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Guest Post: Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive

Patently-O

Guest post by Jonathan Stroud. Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] He is also an adjunct professor at American University Washington College of Law. Patent assertion finance today is a multibillion-dollar business. [2] Virtually nonexistent in the patent space in the U.S. ten years ago—at least in part due to longstanding common law rules on champerty, maintenance, [3] and patent law’s relative high risk—today third-

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Plausibility demystified - a review of EPO case law before G 2/21

The IPKat

The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. In its preliminary opinion for G 2/21 , the Enlarged Board of Appeal (EBA) raised some eyebrows by appearing to reference the standard test for sufficiency ( IPKat ).

Invention 131
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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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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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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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A Free Speech Right to Accuse Others of Patent Infringement

Patently-O

by Dennis Crouch Rule 1 of the Federal Rules of Civil Procedure sets out a bold goal for civil litigation: “ the just, speedy, and inexpensive determination of every action.” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. In the case below, one party attempted some quick relief via preliminary injunction, but the Federal Circuit has vacated on free-speech grounds.

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Long walk to copyright reform #5A: The Constitutional Court of South Africa has joined the walk?

The IPKat

Earlier this week, South Africa’s National Council of Provinces (NCOP) began the first set of public hearings on the Copyright Amendment Bill (CAB). Readers would recall that last year (2022) in September, a motion was moved and adopted in South Africa’s Parliament to support the adoption of the Copyright Amendment Bill which the President of South Africa returned to the Parliament for reconsideration on the grounds that some of its provisions and the process leading to its earlier passage into

Copyright 116
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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 116
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Protecting creatives or impeding progress? Machine learning and the EU copyright framework

Kluwer Copyright Blog

As generative machine learning (ML) systems become more mainstream, the discussion about copyright and ML input is back in the spotlight. At the heart of this discussion is the question of whether authors, creators, and other rightholders need to give permission before their works can be used as input for generative ML systems that produce outputs based on the works on which they have been trained.

Copyright 111
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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 107
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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 110
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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 111
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Infographic | Patents Families

Olartemoure Blog

When a company or an individual drafts and files a patent, a whole new world of information and terms start to fall on them. This timeline gets even more complex when a second application is filed, and so on: bigger portfolios, even newer terms, will start to arise, and a family begins. What is a “patent family”? Here, the basic version.

Patent 105
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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.

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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 103
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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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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.

Patent 103
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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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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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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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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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Bungie Wins $4.3 Million Award Against Cheat Seller in Arbitration

TorrentFreak

In 2021, 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 alleged creators of the software. AimJunkies denied the claims and argued that cheating isn’t against the law. In addition, it argued that the copyright infringement allegations were ungrounded because some of the referenced copyrights were registered well after the cheats

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4 Recent Enhancements to RightFind Navigate (And Why We Made Them)

Velocity of Content

RightFind Navigate was created to help organizations maximize the value of their digital information assets, by eliminating data silos and making content more discoverable and accessible from one tool. If you don’t think a single source to access all this data is crucial, consider this: a 2021 study from Qatalog and Cornell University’s Ellis Idea Lab says 43% of respondents report spending too much time switching between different online tools.

Patent 98
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Corporate commitments to racial justice: An update

McKinsey Operations

In the two years since McKinsey first analyzed corporate pledges to fight racial injustice, companies have continued to pledge money—but how it’s being spent remains unclear.

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Federal Circuit: Only Minimal Evidence Needed to Satisfy Corroboration Requirement in Priority Contests

JD Supra Law

The US Court of Appeals for the Federal Circuit recently held that the Patent Trial and Appeal Board correctly considered evidence of multiple witnesses to be sufficient in corroborating actual reduction to practice when determining priority in interference proceedings, notwithstanding limited documentary evidence.

Patent 98
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AI-Generated Comic Art Not Protected, Copyright Office Says

IP Law 360

An artist who used artificial intelligence platform Midjourney to create illustrations for their comic book illustrations has received a limited copyright registration on their work after the U.S. Copyright Office determined that only some parts of the book can be protected by copyright.