News of the Week; April 1, 2020

INTELLECTUAL PROPERTY

1. Bill C-4 Receives Royal Assent: Incoming Changes to the Intellectual Property Landscape
2. EU: infringement of software license agreement can result in an intellectual property infringement
3. The Open COVID IP Pledge
4. IP monitor: Canadian Intellectual Property Office announces further extension of deadlines in wake of pandemic
5. COVID-19: Canadian Government Can Now Use Patented Inventions to Respond to the Public Health Emergency
6. COVID-19 Emergency Response Act: Amendments to the Patent Act
7. COVID-19 and intellectual property
8. Patents Concerning Coronavirus Treatments
9. Evalve v Edwards – Review of competing public interests in grant of final injunctions
10. Florida Atlantic University Suddenly Decides Owl Tutoring’s Name Is Trademark Infringement After Over A Decade
11. Lean Trademark Strategies – For The Covid-19 Pandemic And Its Aftermath
12. A “Dark Horse” Victory for Katy Perry: Central District of California Overturns $2.8M Copyright Verdict
13. First Circuit Treads “Unchartered Waters”: Holds Copyright Sublicenses Can Be Implied
14. RIAA Realizes It Sued Charter Over A Bunch Of Songs It Doesn’t Hold The Copyrights For
15. A Snapshot From Section 101: Patent Directed to Image Cataloging Not Patent Eligible
16. A Collision of Patents, Copyrights, and Piracy on the High Seas
17. 67 Years Ago Today: Jonas Salk Announced The Polio Vaccine… And Did NOT Patent It
18. Supreme Court Holds that States are Immune from Copyright Infringement
19. GEICO Earns Victory at Intersection Between Copyright and Trade Secret Law Covering Source Code
20. Top 3 legal predictions on Copyright for 2020
21. Copyright Termination. Chapter One: What Kind of Grants Can Be Recaptured?
22. Copyright Termination. Chapter 2: When Can a Grant Be Terminated?
23. Is Your Character Entitled to Copyright Protection? The Ninth Circuit Reinforces High Bar for Copyright Protection of Characters
24. The Pirates Of Precedence, or How a Modest Copyright Case Could Affect Controversial Supreme Court Cases
25. Ninth Circuit Shows Led Zeppelin a Whole Lotta Love in ‘Stairway’ Copyright Win
26. Copyright Is Broken: COVID-19 Pandemic Revealing Just How Messed Up Our Permission-Based Culture Is
27. Permission Culture Gone Mad: Worries About Proper License For ‘Balcony Singing’ Lead Collection Society To Say It’s Okay, You Can Sing
28. I Just Took a DNA Test . . . Am I the Joint Author?
29. U.S. Supreme Court Holds Copyright Remedy Classification Act of 1990 Does Not Abrogate State Sovereign Immunity for Copyright Infringement: Allen v. Cooper
30. Judge Ramos Finds “Bad Faith” Enforcement of a Patent is Not Patent Misuse
31. Global patent law update
32. Eli Lilly and Co v Genentech Inc: issue estoppel and abuse of process in patent cases
33. Court: Violating a site’s terms of service isn’t criminal hacking
34. Levandowski says Uber must pay his $179 million judgment to Google
35. Redbox’s Terms of Use Fail (OUCH)–Wilson v. Redbox (Eric Goldman)
36. Section 230 Protects Classifying Non-Competitive Software as a Threat–Asurvio v. Malwarebytes (Eric Goldman)
37. Internet Archive offers 1.4 million copyrighted books for free online: Massive online library project is venturing into uncharted legal waters.
38. Authors fume as online library “lends” unlimited free books
39. Publishers And Authors Misguided Freakout Over Internet Archive’s Decision To Enable More Digital Book Checkouts During A Pandemic
40. Spotify and Warner Music Group renew their global licensing deal, resolve issue in India
41. Patreon, Which Had 150,000 Pre-Pandemic Creators, Sees 30,000 Sign-Ups In March Alone
42. Neural implants plus AI turn sentence-length thoughts to text
43. The benefits of Artificial Intelligence in the field of IP
44. Vancouver studio uses 3D printers to make face shields for hospital workers
45. The ‘human canvas’ livestreams from Tasmanian museum
46. ‘NBA 2K’ Publisher Beats Copyright Suit Over LeBron James’ Tattoos: In a landmark decision on the tatto a federal judge rules that Take-Two’s depiction was de minimus and that an implied license was granted.
47. Judge Swain: Depicting NBA Players’ Tattoos in Video Game Is “Fair Use”
48. Court Manages To Get NBA2K Tattoo Copyright, Trademark Case Exactly Right
49. Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v. 2K Games (Eric Goldman)
50. Videogame Can Replicate Musician’s “Signature Move” (Unless It’s a False Endorsement, Which It Isn’t)–Pellegrino v. Epic Games (Eric Goldman)
51. US court dismisses Humvee trademark infringement suit against Activision: New York judge rules that use of Humvees in Call of Duty is protected as artistic expression
52. Gamevice brings yet another accusation of Nintendo patent infringement: This is the peripherals manufacturer’s third attempt at such a complaint
53. How SNES emulators got a few pixels from complete perfection
54. U.S. Patent no. 10,286,326: Soft reservation system and method for multiplayer video games

Jon