July, 2024

article thumbnail

Authors Beware of This Scam Macmillian Website

Plagiarism Today

Authors are constantly being targeted by fake publisher scams. Here we break down one such site and explain what to look for. The post Authors Beware of This Scam Macmillian Website appeared first on Plagiarism Today.

article thumbnail

Copyright and Education in Canada: Have We Learned Nothing in the Past Two Centuries? (From the “Encouragement of Learning to the “Great Education Free Ride”)

Hugh Stephens Blog

Image: Shutterstock (AI Assisted) Last month I wrote about the 200 year history of copyright in Canada, (Two Hundred Years of Copyright History in Canada: What a Journey!), drawing on a recent book by copyright scholar Dr. Myra Tawfik, “For the Encouragement of Learning: The Origins of Canadian Copyright Law”. That work outlined the genesis … Continue reading "Copyright and Education in Canada: Have We Learned Nothing in the Past Two Centuries?

Copyright 299
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

OpenAI Wants New York Times to Show How Original Its Copyrighted Articles Are

TorrentFreak

Starting last year, various rightsholders began filing lawsuits against companies that develop AI models. The list of complainants includes record labels, book authors, visual artists, and newspapers, including the New York Times. These rightsholders all object to the presumed use of their work to train AI models without proper compensation. The New York Times lawsuit targets OpenAI and Microsoft and is steadily moving forward.

Copyright 137
article thumbnail

It’s an Old Tune: Third-Party-Use Evidence From Long Ago Can Support Genericness

JD Supra Law

The US Court of Appeals for the Fifth Circuit found that the district court abused its discretion in wholesale exclusion of evidence on the issue of genericness. The evidence was offered to show prior use of a trade dress from more than five years prior to an alleged infringer’s first use of a mark. Gibson Inc. v. Armadillo Distribution Enterprises, Inc., Case No. 22-40587 (5th Cir.

117
117
article thumbnail

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?

article thumbnail

The Shift Towards Primary Examiners: Implications for Patent Prosecution

Patently-O

by Dennis Crouch In recent years, the United States Patent and Trademark Office (USPTO) has undergone a significant shift in its examiner composition, with real implications for patent prosecution strategies. Our data reveals a dramatic drop in the percentage of assistant examiners over the past decade. Prior to 2015, over 35% of patents were examined by assistant examiners.

article thumbnail

The EU AI Act has been published

The IPKat

Artificial Intelligence (AI) has been a hot topic in recent years. Its development and use continue to grow, in all areas. It's not uncommon to see images created by AI popping up all over the place (this Kat loves generating AI images). Today saw the publication of the long awaited Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168

More Trending

article thumbnail

Vidal Addresses USPTO’s ‘Inherited Backlog’, Which May Be at an All-Time High for Patents

IP Watchdog

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal published a Director’s blog post today addressing the Office’s current backlog of patent and trademark applications, which the latest USPTO data shows to be 785,387 unexamined applications/ 25.6 months total pendency for patents and 14.5 months total pendency for trademarks. Vidal said in her blog post that “unpredictable macro effects, including a pandemic that had an outsized impact on our application inventories, have created an ‘i

Blogging 122
article thumbnail

Nintendo Sues ‘Modded Hardware’ and r/SwitchPirates Moderator ‘Archbox’

TorrentFreak

Nintendo is doing everything in its power to stop the public from playing pirated games on the Switch console. The Japanese gaming company won several lawsuits in recent history, shutting down websites that distributed pirated ROMs. Most notable, perhaps, was the criminal referral that resulted in the demise of the infamous hacking group Team-Xecuter.

article thumbnail

Proposed Increases of United States Patent Fees

JD Supra Law

On April 3, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of rulemaking setting out the fees that it proposes for the fiscal year starting on September 29, 2024. Although the proposed fees are subject to public comment before becoming final, all indications are that there will be few, if any, changes from the current proposals.

Patent 116
article thumbnail

Guest Post by Profs. Lemley & Ouellette: Fixing Double Patenting

Patently-O

Guest post by Professors Mark A. Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent. First, the Federal Circuit held in In re Cellect that patents tied by double patenting must expire on the same day even if one of the patents has received a

Patent 117
article thumbnail

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.

article thumbnail

The misadventures of Tintin in the land of parody and freedom of artistic expression

The IPKat

The adventures of the young boy with the quiff seem to be an inexhaustible source of copyright disputes [ IPKat here or here ]. Hergé's legacy is fiercely defended by Mrs Rodwell and Tintinimaginatio against third parties who draw too much inspiration from his works. In addition to the copyright protection afforded to the fictional characters created by Hergé, these disputes provide an opportunity to explore the various means of defence available to alleged infringers.

article thumbnail

It’s Past Time to Credit Translators

Plagiarism Today

Translators are crucial to the global entertainment market. However, despite their creative contributions, their work often goes uncredited. The post It’s Past Time to Credit Translators appeared first on Plagiarism Today.

article thumbnail

D.C. Court’s Dismissal of Judge Newman’s Case Against Moore Sets Stage for Appeal

IP Watchdog

The U.S. District Court for the District of Columbia today dismissed the remaining counts in Judge Pauline Newman’s challenge to U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge Kimberly Moore’s inquiry into her fitness to continue serving as a federal appellate judge. The decision sets the stage for an appeal, which Newman’s lawyer told IPWatchdog will happen “within days, not weeks.

article thumbnail

Anna’s Archive Faces Millions in Damages and a Permanent Injunction

TorrentFreak

Anna’s Archive is a meta-search engine for shadow libraries that allows users to find pirated books and other related sources. The site launched in the fall of 2022 , just days after Z-Library was targeted in a U.S. criminal crackdown, to ensure continued availability of ‘free’ books and articles to the broader public. Late last year, Anna’s Archive expanded its offering by making information from OCLC’s proprietary WorldCat database available online.

article thumbnail

EU Parliament Adopts SPC Reform Proposals: Clarifying the Protection Scope for Biologics

JD Supra Law

On February 28, 2024, following the European Commission's four 2023 proposals, the European Parliament adopted a legislative resolution on the amended proposal to create a Unitary Supplementary Protection Certificate ("USPC") and recast the existing Supplementary Protection Certificate ("SPC") regulations for medicinal products.

123
123
article thumbnail

Fed. Circ. Gives Netflix 2nd Chance To Challenge Broadcom IP

IP Law 360

The Patent Trial and Appeal Board must reconsider Netflix's petitions challenging the validity of a Broadcom unit's software performance monitoring patent, the Federal Circuit held Tuesday, finding flaws in the board's refusal to institute reviews.

IP 105
article thumbnail

[Guest Post] Who owns the copyright to Nigeria’s “new” national anthem?

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams , PhD researcher in the fields of copyright and dispute system design at the University of Antwerp, regarding copyright ownership of Nigeria’s re-adopted national anthem. Recently, the Nigerian government decided to do away with the country’s national anthem and re-adopt the previous national anthem - the one it used between 1960 and 1978.

Copyright 116
article thumbnail

Why YouTube’s Erase Song Feature Could Be a Game Changer

Plagiarism Today

YouTube has updated its erase song feature. Soon, users can surgically remove a copyright-claimed song. Here's why it's a big deal. The post Why YouTube’s Erase Song Feature Could Be a Game Changer appeared first on Plagiarism Today.

article thumbnail

USPTO Updates Eligibility Guidance for AI: ‘We Want to Accelerate AI Innovation Without Locking it Up’

IP Watchdog

The U.S. Patent and Trademark Office (USPTO) announced today that it has updated its Subject Matter Eligibility Guidance to more directly address emerging technologies, specifically artificial intelligence (AI). The guidance also includes three new and detailed examples using hypothetical claims to address common situations, such as “whether a claim recites an abstract idea or whether a claim integrates the abstract idea into a practical application.

article thumbnail

Z-Library Admins “Escape House Arrest” After Judge Approves U.S. Extradition

TorrentFreak

On November 4, 2022, the United States Department of Justice and the FBI began seizing Z-Library’s domains as part of a major operation to shut down the infamous ‘shadow library’ platform. A criminal investigation had identified two Russian nationals, Anton Napolsky and Valeriia Ermakova, as the alleged operators of the site. On October 21, 2022, at the U.S.

article thumbnail

Major Labels File Suit Against AI Music Start-Ups for Unlicensed Training

JD Supra Law

On Monday, June 24, 2024, the three U.S. major record labels, Universal Music Group, Warner Music Group and Sony Music Entertainment, filed copyright infringement claims against two artificial-intelligence (AI) music start-ups, Suno and Udio. These AI music companies allow users to generate musical recordings based on text prompts, including by genre and topic.

Music 122
article thumbnail

Cellect: Unveiling the Potential Impact on Patent Term Adjustment

Patently-O

by Dennis Crouch Many have been thinking of the potentially large impact of Cellect v. Vidal , which is now pending before the Supreme Court. This week I uncovered striking data that a very large number of patents have been impacted. Some background : Many patentees divide their patents into multiple filings all based on the same original priority application.

Patent 115
article thumbnail

[Guest post] Harmonized technical standards under EU copyright: the Public.Resource.Org judgment

The IPKat

The IPKat has received and is pleased to host the following guest contribution by Sunimal Mendis (Tilburg University) and Olia Kanevskaia (Utrecht University) on the judgment of the Court of Justice of the European Union (CJEU) in C-588/21 P Public.Resource.Org , concerning copyright protection of technical standards and access to public documents. Here’s what they write: Harmonized technical standards under EU copyright: the Public.Resource.Org judgment by Sunimal Mendis and Olia Kanevskaia On

Copyright 110
article thumbnail

YouTube, AI and the Age of Content Laundering

Plagiarism Today

Some 48,000 YouTubers have had their subtitles scraped and used in AI databases. However, that's just the new normal when it comes to AI. The post YouTube, AI and the Age of Content Laundering appeared first on Plagiarism Today.

article thumbnail

Massie Tells House IP Subcommittee Witnesses He’s ‘Appalled’ By Proposals to Rein in ITC’s Patent Powers

IP Watchdog

The House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet today held a hearing, titled “IP Litigation and the U.S. International Trade Commission” (ITC), featuring four witnesses, most of whom were advocating for reforms to the current ITC process that many would characterize as anti-patent. Subcommittee Chair Darrell Issa (R-CA) explained that “recently there has been a growing chorus of voices suggesting the ITC is being misused for purposes other than its

IP 105
article thumbnail

U.S. Universities Warn Students about Limewire and Kazaa… in 2024

TorrentFreak

At the turn of the century, piracy was booming at university campuses across America and far beyond. Seemingly unlimited broadband connections and the presence of many tech-savvy students provided an ideal breeding ground for the rapid expansion of the file-sharing craze. Napster provided the spark and when that shut down, other software applications including Kazaa, LimeWire, and BitTorrent, fueled the fire in the years to come.

article thumbnail

The Data Behind Enterprise AI Adoption

JD Supra Law

In recent years, the adoption of generative artificial intelligence tools by enterprises has accelerated at a remarkable pace. The rapid integration of AI technologies is transforming various industries, promising enhanced efficiency, innovation, and competitive advantage. However, the swift deployment of generative AI also brings potential risks, particularly concerning legal teams tasked with navigating this new landscape.

article thumbnail

Community Partner Spotlight: Free Juice

Copyright Alliance

Today, we turn the spotlight over to one of our newest community partners, Free Juice. They are a non-profit organization that seeks to “accelerate diversity in the photography industry through […] The post Community Partner Spotlight: Free Juice appeared first on Copyright Alliance.

Copyright 107
article thumbnail

Crystal clear? G 2/21 applied to polymorph patents (T 1994/22)

The IPKat

The decision of the Enlarged Board of Appeal (EBA) in G 2/21 on the use of post-published evidence to support patentability, was self-confessedly vague and open to interpretation ( IPKat ). Since G 2/21 , Boards of Appeal have united on the interpretation that the evidence standard for inventive step (the "plausibility/credibility test") remains unchanged.

Invention 112
article thumbnail

3 Count: Chili’s Sabotage

Plagiarism Today

Beastie Boys file lawsuit over Chili's commercial, record labels sue Verizon and ASCAP sues Reno karaoke bar. The post 3 Count: Chili’s Sabotage appeared first on Plagiarism Today.

article thumbnail

The Administrative Procedure Act and Its Impact on Intellectual Property

IP Watchdog

The Administrative Procedure Act (APA), a foundation in U.S. Patent and Trademark Office (USPTO) examination and post grant proceedings, in patent and trademark federal court cases and in International Trade Commission (ITC) proceedings, has been implemented more or less faithfully under U.S. Court of Appeals for the Federal Circuit (CAFC) scrutiny.

article thumbnail

Vietnam Convicts Pirate Site Operators; a Rare Case Completed in Record Time

TorrentFreak

The double threat of some of the world’s largest pirate sites operating from Vietnam, yet limited opportunity to conduct robust enforcement actions to turn that situation around, remains a constant source of frustration for overseas rightsholders. Hollywood’s opinion on what needs to be done wouldn’t be any more clear if its submissions to the USTR were written in all caps then underlined.

article thumbnail

Nike and BAPE Settle Trademark Infringement Lawsuit

JD Supra Law

Nike and Japanese fashion brand A Bathing Ape (BAPE) have settled a trademark infringement lawsuit over BAPE’s alleged on-again, off-again infringement of some of Nike’s most iconic sneaker designs. The settlement requires BAPE to discontinue some of its sneakers and redesign others.

Trademark 117
article thumbnail

New legislation in Japan reduces monopoly of dominant app stores

Olartemoure Blog

On Wednesday, June 12th 2024, Japan enacted groundbreaking legislation aimed at ensuring that tech giants like Google or Apple provide access to third-party smartphone apps and payment systems on their platforms. This law represents a significant move to bolster fair competition, enhance consumer choice, and reduce monopolistic practices by dominant digital platform operators.

Marketing 103
article thumbnail

FTC Chair Wary AI Tools Can Be Used For Corporate Collusion

IP Law 360

Federal Trade Commission Chair Lina Khan weighed in on a host of topics during a discussion Wednesday at the Ninth Circuit Judicial Conference, expressing concerns about the agency's high legal bills for expert witnesses and describing AI price-setting tools as a potential loophole for collusion.

98