2021

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‘Widevine Dump”: Leaked Code Downloads HD Video from Disney+, Amazon, and Netflix

TorrentFreak

With more ways to stream online video than ever before, protecting video continues to be a key issue for copyright holders. This is often achieved through Digital Rights Management, which is often referred to by the initials DRM. In a nutshell, DRM is an anti-piracy tool that dictates when and where digital content can be accessed. Widevine DRM is one of the leading players in the field.

Copyright 145
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A Split Develops: Can Artificial Intelligence Invent Stuff?

JD Supra Law

There is a split developing in the world over whether artificial intelligence software (AI) can be listed as an inventor on a patent application. A recent U.S. district court decision illustrates the consistent position taken in the U.S. In September 2021, the district court held that there was “overwhelming evidence” that Congress defined the term inventor in the Patent Act to include only natural persons.

Invention 145
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The WIPO Files I: the quest to protect user rights

Kluwer Copyright Blog

For most of its existence, international copyright policy at the World Intellectual Property Organization (WIPO) has focused on the creation and harmonization of exclusive rights. This state of play was only disrupted in 2004, when Chile first proposed to WIPO’s Standing Committee on Copyright and Related Rights (SCCR) that it explore the issue of limitations and exceptions (L&Es).

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Book review: Performing Copyright: Law, Theatre and Authorship

The IPKat

As a previous drama student herself (who'd have guessed it!), this Kat was delighted to review Performing Copyright: Law, Theatre and Authorship by Dr Luke McDonagh (Assistant Professor of Law at LSE Law School). This is the first academic monograph that solely considers the relationship between UK copyright law and historical and contemporary theatre.

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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 ‘Restoring America Invents Act’ Would Open the Floodgates for Patent Owner Harassment

IP Watchdog

The much discussed, but previously unreleased, Restoring America Invents Act has finally been made public. The bill was submitted by Senator Patrick Leahy (D-VT) in what he described late last week as an attempt to reverse the reforms of the Patent Trial and Appeal Board (PTAB) made by former USPTO Director Andrei Iancu. Leahy promised to take aim at discretionary denials of inter partes review (IPR) and post grant review (PGR) challenges, which he did, among many other things.

Invention 145

More Trending

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Non-fungible tokens (NFTs) and copyright

WIPO Magazine

This year, NFTs (non-fungible token), the latest hype in the world of distributed ledgers and cryptocurrencies, have taken the art and tech worlds by storm. But what are the implications for copyright, if any?

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Why can’t we all just meme along?

Likelihood of Confusion

As it says in the tweet-within-a-tweet above, today the New York State Supreme Court dismissed all claims against our client, Logan Cook. He’s “Carpe Donktum,” and this is the infamous. The post Why can’t we all just meme along? appeared first on LIKELIHOOD OF CONFUSION™.

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Juneteenth: My Story and Black America’s Ongoing Pursuit toward Progress

U.S. Department of Commerce

Juneteenth: My Story and Black America’s Ongoing Pursuit toward Progress. June 19, 2021. ASowah@doc.gov. Sat, 06/19/2021 - 14:22. Post by. Don Graves. As we reflect on Juneteenth and celebrate the anniversary of the final emancipation of the last slaves in this country some two years after the signing of the Emancipation Proclamation, I am reminded that though the physical chains of slavery were broken, the invisible chains of systemic racism have continued to hinder Black Americans' progress to

Business 145
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What is Your Preferred Method for Attacking Functional Claims?

Patently-O

by Dennis Crouch. VoIP-Pal.com, Inc. v. Apple, Inc. , No. 20-1809 (Supreme Court 2021). VoIP-Pal sued Apple for infringing its U.S. Patent Nos. 9,537,762; 9,813,330; 9,826,002; and 9,948,549. Apple filed four petitions for for inter partes review, but all four were denied by the PTAB. Judge Koh then dismissed the infringement case in Apple’s favor–finding that all asserted claims were directed to ineligible subject matter.

Patent 143
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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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Call for Applications: Research Assistants – IPR Chair at NALSAR, Hyderabad [Apply by August 25]

SpicyIP

We’re pleased to inform you that NALSAR University of Law, Hyderabad is inviting applications for two research assistants for the IPR Chair Project. The deadline for applications is August 25, 2021. For further details, please see the announcement below: Advertisement for Recruitment for Research Assistants – IPR Chair. Logo of NALSAR, Hyderabad.

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Sci-Hub Founder: Academic Publishers Are the Real Threat to Science, Not Sci-Hub

TorrentFreak

By offering free access to millions of ‘paywalled’ research papers, Sci-Hub is often described as “The Pirate Bay of Science”. The site is used by researchers from all over the world, to access papers they otherwise have a hard time accessing. For some, the site is essential to do their work. The major academic publishers such as Elsevier, Wiley, and American Chemical Society are not happy with the rogue research library.

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US Court Rules Artificial Intelligence Systems Are Not 'Inventors'

JD Supra Law

On September 2, 2021, the US District Court for the Eastern District of Virginia granted the United States Patent and Trademark Office’s (USPTO’s) motion for summary judgement, finding that an artificial intelligence (AI) system cannot be named as an inventor on a patent.

Inventor 145
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Self-driving Culture

Kluwer Copyright Blog

Image by Seanbatty from Pixabay. It is well known that self-driving vehicles are a positive development. I, for one, living in the US and thus having no access to decent public transport, must use my private car for many short trips (though I have chosen to live within walking distance of work to limit them as much as possible). Self-driving cars will reportedly save 350,000 lives per year , though some recent research has cast some doubt on the magnitude of the improvement.

Music 143
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CJEU confirms that partial designs may be protected as unregistered designs (but conditions apply)

The IPKat

The Court of Justice of the European Union last week issued its preliminary ruling in C-123/20 Ferrari. In it, the CJEU confirmed that an Unregistered Community Design under Regulation 6/2002 may vest in a partial design (which the CJEU defines as “a section of the ‘whole’ that is the product”). The request for preliminary ruling arose from a dispute between Ferrari and Mansory Design, currently pending before the German Federal Court of Justice (Bundesgerichtshof).

Designs 145
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Controlled Digital Lending Thwarts Democratic Process and Rights of Authors

IP Watchdog

One of the latest controversies in copyright law concerns the practice of controlled digital lending (CDL) by libraries. The idea is simple: Libraries take the physical books on their shelves, digitize them, and then share the digital copies with members of the public. Under the CDL theory, there is no permission needed to make the digital copies, nor is permission needed to share them publicly.

Copying 145
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Announcing the 2021 Edition of My Internet Law Casebook

Technology & Marketing Law Blog

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
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Trademarks in outer space: supporting the off-world economy

WIPO Magazine

As private companies like Virgin Galactic, SpaceX and Blue Origin signal a shift from space exploration to commercialization, is the time ripe to re-visit trademarks and other intellectual property rights in space?

Trademark 141
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SAS v. WPL Litigation is of Great Importance to the Smallest Creators

The Illusion of More

Software companies SAS Institute of the U.S. and World Programming, Ltd. (WPL) of the UK have been litigants for more than a decade. By all accounts, WPL presents as a bad actor which lazily cloned SAS’s world-class analytics software. But before weighing the facts necessary to consider claims of IP infringement, the Federal Circuit Court […].

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EFF Dealt Another Blow in Attempt to Strike Down Section 1201 of the Copyright Act

Copyright Alliance

The Electronic Frontier Foundation (EFF) has received another defeat in its long-running lawsuit challenging the constitutionality under the First Amendment of the anti-circumvention and anti-trafficking provisions of section 1201 of […]. The post EFF Dealt Another Blow in Attempt to Strike Down Section 1201 of the Copyright Act appeared first on Copyright Alliance.

Copyright 136
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Venue Mandamus Petitions Continue to Flow to the Federal Circuit

Patently-O

by Dennis Crouch. We’ve been writing a lot about venue and mandamus petitions at the Federal Circuit. The cases continue to flow to the court, and will continue so long as appellate panels continue to entertain them. In October 2021, 10 new mandamus petitions were filed to the Federal Circuit in patent cases. 22-100 In re: Overhead Door Corporation (E.D.

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Announcing the Winners of the 2nd Shamnad Basheer Essay Competition on IP Law!

SpicyIP

A photograph of Prof. (Dr.) Shamnad Basheer. Following on from the success of last year’s inaugural edition of the Shamnad Basheer Essay Competition on IP Law, on May 14 th , 2021 we announced the 2 nd edition of the Shamnad Basheer Essay Competition on the occasion of Shamnad ‘s 45 th birth anniversary. Like last year, we kept the topic selection open to participants – asking them to choose any topic they wanted so long as it related to IP.

Law 137
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Twitch Users Can Now ‘Stream’ Movies & TV Shows Without Fear of DMCA Strikes

TorrentFreak

The idea that regular internet users could find themselves regularly concerned at the thought of being targeted by a copyright complaint would’ve been dismissed as scare tactics just a few short years ago. But. In 2021, the reality is all too clear. With the rise of social media platforms and user-generated content sites, the lowliest of netizens can find themselves tripping over copyright law and with the potential to lose valuable accounts, it’s something to take seriously.

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Artificial Intelligence as the Inventor of Life Sciences Patents?

JD Supra Law

The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and growing. For example, AI is currently used to predict biological targets of prospective drug molecules.

Inventor 145
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Research Exceptions in Comparative Copyright Law

Kluwer Copyright Blog

Promoting research and access to its products has always been a core purpose of copyright law, often expressed in limitations and exceptions for research uses. Recent legal scholarship has examined the need for copyright exceptions for text and data mining (TDM) methodologies, and the doctrines recently enacted to achieve this purpose. Empirical scholarship has highlighted the positive impact on scholarship of copyright exceptions for TDM and of more “open” exceptions for research uses.

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Katcall: Openings for GuestKats and InternKats!

The IPKat

Are you passionate about IP? We have exciting news for you! The IPKat is seeking Expressions of Interest (EOI) for GuestKat posts and looking for IP enthusiasts to fill InternKat positions. GuestKat and InternKat positions will last six months, and there are no geographical restrictions on either role. Please bear in mind that you need to have your employer’s permission to be part of the IPKat team.

Blogging 145
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Government Must Reform the ITC to Keep Pace with Innovation and Curb Trolls

IP Watchdog

In 2001, six years before the iPhone appeared, a futurist named Ray Kurzweil wrote that humankind would cram 20,000 years of technological progress into the century that had just begun. There were skeptics, but today any of the world’s six billion smartphone subscribers can read his essay on their devices practically any time, any place they choose.

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Cable News Shows Are Defamation-Free Zones–OANN v. Maddow

Technology & Marketing Law Blog

This lawsuit involves the Rachel Maddow Show on MSNBC. Based on a story from the Daily Beast , Maddow ran a segment claiming that an OANN employee was on the Kremlin’s payroll, concluding that OANN “really literally is paid Russian propaganda.” OANN didn’t take kindly to this assertion and sued Maddow and others for defamation. Maddow sought an anti-SLAPP motion to strike, which the district court granted.

Blogging 145
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In the Courts: Australian Court finds AI systems can be “inventors”

WIPO Magazine

In a world first, a judge of the Federal Court of Australia has found that artificial intelligence is capable of being an “inventor” for the purposes of the Australian patent regime. Find out more about Justice Beach’s decision.

Inventor 140
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Why the Digital Services Tax Act Violates Canada’s OECD Commitment to a Tax Moratorium

Michael Geist

The Canadian government’s decision to move ahead with the Digital Services Tax Act, legislation that will take effect in 2024 should the international agreement at the OECD fail to materialize by that date, is problematic for reasons that extend beyond sparking a trade battle with the United States and potentially leading to billions in tariffs on Canadian goods and services.