The IPKat

JULY 11, 2022

The Board of Appeal had previously announced its decision to refuse two European patent applications naming an algorithm ("DABUS") as the sole inventor at the end of last year ( IPKat ). Thus, contrary to the recent Nature article on this topic, AI is not breaking patent law.

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Technology & Marketing Law Blog

MAY 11, 2022

It appears the bill seeks to stop social media services from using algorithms to recommend other UGC to minors (an interesting choice, because I think more parents are concerned about ads targeting kids). It’s also unclear if a service could thread content by topic, or if topical organization also would be an “algorithm.”

Social Media 143

Social Media Privacy Law Government 143

Plagiarism Today

JUNE 1, 2022

For people interested in SEO, there are two separate reasons why this is an interesting topic: Worried About Being Copied: Copying and republishing content has been a “black hat” SEO tactic for as long as there has been SEO. Algorithms, such as the one Google uses to select search results, are monstrous beasts with countless moving parts.

Plagiarism 178

Plagiarism Copying Copyright Marketing 178

Intellectual Property Law Blog

MAY 2, 2023

Algorithmic Discrimination Protections : Individuals should not face discrimination by algorithms, and systems should be developed and utilized in an equitable manner. This Guidance covers some important topics.

Government 237

Government Business Licensing Copyright 237

Kluwer Copyright Blog

JUNE 9, 2022

This is the second installment of a reflection on the topic of content moderation and bias mitigation measures in copyright law. This second part explores the potential of property rights to increase bias in content moderation by looking at the topic from the perspective of Article 17 CDSM Directive.

Technology 96

Technology Marketing Marketing Copyright 96

IPilogue

NOVEMBER 23, 2021

Patent and Trademarks Office (USPTO) closed the public comment period on the contentious topic of patent eligibility. Abstract ideas like AI or algorithms have sparked debate as to whether this codification of patent eligibility accurately encompasses everything that innovators should be able to patent. On October 15, 2021, the U.S

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The IPKat

DECEMBER 2, 2022

Images generated using text-to-image technology, including DALL-E 2 , Midjourney , and Stable Diffussion , have become a main topic in AI. It is a way of creating algorithms (models) that use noise. If we already have an algorithm that can reproduce familiar shapes, we can also use it to create new images. 2021/41/N/HS5/02726.

Copyright 145

Copyright Related Rights Intellectual Property Law Intellectual Property 145

TorrentFreak

MARCH 27, 2023

On February 21, 2023, Twitter chief Elon Musk published a tweet suggesting that Twitter’s algorithm would be “ made open source ” before the end of that month. On March 17, Musk raised the topic once again. “Twitter will open source all code used to recommend tweets on March 31st,” he tweeted.

Publishing 145

Publishing Ownership Copyright 145

Kluwer Copyright Blog

JUNE 8, 2022

This two-part blog post offers a reflection on the topic of content moderation and bias mitigation measures in copyright law. This suggests that ML algorithms may increasingly be employed for copyright content moderation given their alleged superiority in identifying (understanding?) contextual uses. Bias, data, and property rights.

Public Domain 52

Public Domain Licensing Copyright Law Copyright 52

Technology & Marketing Law Blog

AUGUST 21, 2023

They must allege sufficient factual content to give rise to a reasonable inference that their content has been treated in a racially discriminatory manner by YouTube’s algorithm.” If so, this would suggest only that the algorithm does not always get it right. In machine-learning years, four years is an eternity.

Contracts 84

Contracts Social Media Blogging Law 84

SpicyIP

DECEMBER 15, 2023

In other words the permutation and combinations of the prompt is controlled by the maximum likelihood algorithm of the next pixel, character, or byte determined by the highest predicted likelihood of the complex algorithm of the searches. This leaves a grey area when it comes to works generated solely by AI algorithms.

Copyright 49

Copyright Artistic Work Copyright Law Music 49

Velocity of Content

OCTOBER 20, 2021

“Machine Learning” (ML) is a concept from computer science that refers to cases of algorithmic processes being applied to data in an iterative fashion (i.e., The post Future-facing Topics in Copyright: USCO and USPTO to Stream Discussion of “Copyright Law and Machine Learning” appeared first on Copyright Clearance Center.

Copyright Law 100

Copyright Law Copyright Social Media Law 100

Velocity of Content

SEPTEMBER 9, 2021

There are plenty of articles on that, and the secret is : Release lots of consistent output, garner lots of subscribers, and ( thereby) gain lots of views – all of which may serve to attract ad buyers for your stuff (but might not; YouTube’s monetization algorithm is known to be fickle, and the “top winners” list is volatile).

Copyright 87

Copyright Social Media Licensing Publishing 87

The IPKat

APRIL 27, 2023

Patents Annsley Merelle Ward reported on the Berichten Industriële Eigendom Symposium 2023, which featured a panel comprising Dutch UPC judges and a member of the drafting committee of the Rules of Procedure which addressed topics such as the Rules of Procedure and the Agreement on the Unified Patent Court.

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Velocity of Content

APRIL 26, 2022

That strikes me as certainly a worthy and intriguing topic, but before saying more about why I’m inclined to think so, I think the terms used could probably stand a little unpacking first. Why did WIPO select the topic “IP for young people” this year? It’s not a perfectly clear concept , and the laws concerning each form differ.

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IP Intellectual Property Social Media Music 92

The IPKat

DECEMBER 8, 2021

The regulation of artificial intelligence is the topic of national and international public consultations and a growing area of literature. For example, tacit collusion by algorithms which conflicts with the regulatory framework. A recent contribution to that discussion is " We, the Robots?

Journalism 89

Journalism Government Intellectual Property Law 89

IPilogue

DECEMBER 15, 2021

The panel garnered traction preceding the event, with participants eagerly sending in questions on topics ranging from cryptocurrency concerns to the future of non-fungible tokens (“NFTs”). Cryptocurrency was the main topic of interest, along with the ever-prevailing questions surrounding its future.

Technology 106

Technology Non-Fungible Tokens Law Government 106

Kluwer Copyright Blog

MARCH 2, 2022

In the past years, sophisticated AI algorithms have become a meaningful assistant in the European news industry. Going beyond mere computer-assisted reporting (CAR), algorithms are nowadays extensively used in the reporting of sports , weather , and finance. One such field is journalism. Media and communications perspective.

Copyright 107

Copyright Journalism Intellectual Property Copyright Law 107

The IPKat

MARCH 14, 2022

BIICIL - Revisiting: We, the Robots - 15 March 2022 - London, UK From self-driving cars and high-speed trading to algorithmic decision-making, humankind's daily routine is increasingly dependent on machine learning systems that operate with diminishing human intervention. Register for the event and find more information here.

Journalism 67

Journalism Intellectual Property IP Marketing 67

Technology & Marketing Law Blog

OCTOBER 12, 2022

Facebook downgraded the video in its algorithm, which dried up the video’s traffic and revenues. Facebook added a “missing context” legend that said “[i]ndependent fact-checkers say this information is missing context and could mislead people.” The second video, “Are We Doomed?,” ” Implications.

Litigation 132

Litigation Advertising Advertising Blogging 132

LexBlog IP

MAY 12, 2023

If you would like further information on this topic, please contact A&L Goodbody’s Commercial & Technology team. Therefore, they will be required to complete an audit pursuant to Article 37 of the DSA by 24 August 2024.

Publishing 52

Publishing Reporting Designs Design 52

Technology & Marketing Law Blog

JANUARY 15, 2024

To piggyback on the editorial board analogy, if the newspaper itself had published an account of its editorial policies and decisions, and it turned out to be potentially fraudulent in some way, it would not chill the newspaper’s exercise of editorial control to investigate whether the newspaper’s public statements on that topic were false.

Social Media 64

Social Media Advertising Advertising Publishing 64

Kluwer Copyright Blog

SEPTEMBER 4, 2023

The Court of Cassation considered this argument “new” and inadmissible because it was not introduced in the first or the second instance.

Art 75

Art Editing Copyright Ownership 75

The IPKat

FEBRUARY 16, 2024

Policy debates in the US and the EU by Anna Pokrovskaya "Reviewing" the prior art The question of whether AI can be considered a person having ordinary skill in the art (PHOSITA) in a given field is a topic of significant debate in the policy realms of both the US and the EU.

Intellectual Property 120

Intellectual Property Intellectual Property Law Art Inventor 120

Technology & Marketing Law Blog

NOVEMBER 29, 2021

20 prohibits content moderation, that their rotely applied engagement algorithms constitute speech – they do not. Fourth, it assumes that, even if they are not common carriers and algorithms are speech, that speech is not commercial speech for which a substantial government interest justifies restricting it – it is, and it does.

Social Media 112

Social Media Law Television Reporting 112

Kluwer Copyright Blog

NOVEMBER 19, 2021

This informed the group’s decision to divide their work and outputs into five key areas: the definition of AI; text and data mining; training of AI and machine learning algorithms; AI generations and creations; and authors collaborating with AI.

Copyright 111

Copyright Intellectual Property Law Public Domain Copyright Law 111

LexBlog IP

DECEMBER 15, 2023

On December 13, 2023, the Office of the National Coordinator for Health Information Technology (ONC) issued its final rule entitled “Health Data, Technology, and Interoperability: Certification Program Updates, Algorithm Transparency, and Information Sharing” and known as “HTI-1” (Final Rule).

Licensing 40

Licensing Technology Blogging Publishing 40

Kluwer Copyright Blog

DECEMBER 12, 2021

ML models have been called ‘learning algorithms’, ‘AI computer programs’, and ‘software 2.0’. Moreover, in those cases where authorship could be claimed, the scope of protection would be limited to that concrete formulation or specific arrangement of the algorithms in the ML model, to its inner structure.

Copyright 52

Copyright Public Domain Intellectual Property Database Right 52

Herbert Smith Freehills

AUGUST 2, 2022

On a related point, what impact are algorithms and artificial intelligence having on the way that antitrust authorities use data to identify and analyse anti-competitive practices? That's interesting to understand. Our quarterly update on cartel developments, Cartel Intel, is available here. .

Editing 52

Editing Privacy Business Technology 52

LexBlog IP

MAY 2, 2023

Algorithmic Discrimination Protections : Individuals should not face discrimination by algorithms, and systems should be developed and utilized in an equitable manner. This Guidance covers some important topics.

Government 52

Government Business Copyright Licensing 52

The IPKat

OCTOBER 2, 2023

Furthermore, providing enough evidence for a purported technical effect for inventive step at the EPO continues to be more challenging in certain technical fields for which there is a lot of potentially relevant prior art such as therapeutic antibodies and machine learning algorithms. G 2/21 did not change the law on any of these issues.

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Invention Art Publishing Patent 70

LexBlog IP

JANUARY 30, 2024

In fact, the emergence of “Harvest Now, Decrypt Later” attacks (whereby data is being captured and stored now, to be decrypted later, when more advanced quantum algorithms are developed) [3] shows that the intention to abuse quantum technology already exists. ” (section 1.1). [3] 5] The US Memorandum is accessible here. [6]

Technology 52

Technology Publishing Business Reporting 52

Kluwer Copyright Blog

MARCH 14, 2022

Lacking relevant solutions in international treaties and with the general topic still being debated in international fora , the UK is one of few national jurisdictions that have already provided for CGW protection. Coming to the more concrete legal points, the UKIPO sought opinions on resolving domestically the status of AI authorship.

IP 60

IP Public Domain Copyright Intellectual Property 60

43(B)log

JUNE 29, 2023

Might be broken down by topic. Justin Hughes: Some topics here are premature, others old hat (trusted flaggers). Giancarlo Frosio: Again, protection of fundamental rights is a key measure—tools to force platforms to set up algorithms so they don’t limit fundamental rights. DSA allows more leeway, again by focusing on process.

Law 52

Law Privacy Litigation Social Media 52

Copyright Lately

OCTOBER 24, 2022

AI tools are created by scraping hundreds of millions of images from the open internet and then training computer algorithms to recognize patterns in those images and their text-based captions. Eventually, the algorithms can start predicting which captions and images go together en route to generating entirely new images from new captions.

Artwork 88

Artwork Copyright Infringement Copyright Art 88

The IPKat

MAY 22, 2023

Hayleigh Bosher and Coran Darling giving evidence at the Inquiry Artificial intelligence is a highly debated topic in the intellectual property field currently. AI systems adapt through progressive learning algorithms to continuously learn new things from the tasks it performs and the data it is fed.

Music 82

Music Intellectual Property Copyright Technology 82

Kluwer Copyright Blog

FEBRUARY 22, 2022

We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century. We anticipate exciting new contributions on topical issues such as litigation data, trade, and diversity in the coming months.

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