News of the Week; October 28, 2020

INTELLECTUAL PROPERTY

1.  Enforcing Copyright Outside the Courtroom – The New Notice Regimes 
2. FLVTO.biz Petitions SCOTUS To Hear Jurisdiction Argument In Stream-Ripping Lawsuit 
3. Battle Lines Drawn Over Font Copyright Protection
4. Tom Lehrer, Still Awesome, Releases Lyrics Into The Public Domain
5. Armes v. Post: In action asserting co-authorship of Post Malone’s hit song “Circles,” court dismisses alleged co-authorship of recording, but denies motion to dismiss based on co-authorship of underlying composition. 
6. SCOTUS Reaches for Cup of Java in Oracle v. Google Oral Argument
7. New Working Paper – Memes and Parasites: A discourse analysis of the Copyright in the Digital Single Market Directive
8. Canada’s Official Marks – A Public Nuisance? 
9. Jack Daniel’s Petitions for Certiorari to Clarify Trademark Fair Use
10. Monster Mash: Minor League Hockey Team Prevails Over Energy Drink Giant in Trademark Dispute
11. One Restaurant Sends Cease And Desist To Another Over The Word ‘Juicy’ 
12. Trade Secret Battle Waged in Legal Services Market
13. Second Chances From the Second Circuit: Tiffany’s $21m Judgment Is Overturned and Remanded Back to the SDNY 
14. Federal Court of Appeal affirms largest reported Canadian patent infringement award in history
15. Navigating your Global Patent Prosecution Strategy under Canada’s new Patent Rules
16. IP monitor: Claim construction revisited: Positive changes for applicants seeking to protect computer-related inventions
17. Solving the ‘problem-solution’ problem for patent applicants: Choueifaty decision
18. Can you patent software? 
19. Spotlight On: Neulasta® (pegfilgrastim) / Fulphila® (pegfilgrastim-jmdb) / Udenyca® (pegfilgrastim-cbqv) / Ziextenzo® (pegfilgrastim-bmez) / Nyvepria™ (pegfilgrastim-apgf) 
20. U.S. Court Values Cybersecurity Patents at Nearly $2 Billion, but Why?
21. A Patentee’s Dismissed Lawsuit Will Preclude a Subsequent, Effectively Identical Suit in the Absence of Different Conduct, Different Alleged Violations or Litigants, or Different Subsequent Facts 
22. Canadian News Media Lobby Group Calls for Creation of Government Digital Media Regulatory Agency (Michael Geist)
23. Where is Canada’s News Media Lobby Promoting Its Link Licensing Plan for Facebook? On Facebook (Michael Geist)
24. Senator wants Google, Facebook to pony up for local news
25. As EU Starts To Draft Its Most Important New Online Law, The Digital Services Act, MEPs Want Basic Rights High On The Agenda
26. FCC Proposes Expansion of Sponsor ID Rules to Require Disclosure of Foreign Government Support
27. Facebook Seeks Shutdown of NYU Research Project Into Political Ad Targeting: In letter this month, Facebook says the project violates provisions in its terms of service that prohibit bulk data collection
28. No Robots, Spiders, or Scrapers: Legal and Ethical Regulation of Data Collection Methods in Social Media Terms of Service (Casey Fiesler, Nathan Beard, Brian Keegan)
29. Facebook’s Threat To NYU Researchers Is A Mistake, But It’s The Inevitable Follow On To Overreaction To Cambridge Analytica
30. Zuckerberg And Facebook Throw The Open Internet Under The Bus; Support Section 230 Reform
31. Sacha Baron Cohen Demands Facebook Remove Conspiracies; Flips Out When Facebook Removes His Article With Conspiracy Images
32. Trump’s website defaced with claim that Trump admin created coronavirus
33. Google Will Temporarily Ban Election-Related Advertising Once the Polls Close
34. RIP Google Play Music, 2011 – 2020
35. We’re Still Unsure If Instagram Grants Users a Sublicense to Embed Photos (Eric Goldman)
36. President’s Promise to Limit 230 Immunity is Underway
37. Section 230 – Everything You Love and Hate About the Internet
38. Another Section 230 Reform Bill: Dangerous Algorithms Bill Threatens Speech
39. Content Moderation Case Studies: Facebook Removes Militia Event Following A Shooting (August 2020)
40. Content Moderation Case Study: Facebook’s Moderation Of Terrorist Content Results In The Removal Of Journalists’ And Activists’ Accounts (June 2020)
41. DOJ Antitrust Case Against Google Draws Allusions to Landmark Microsoft and Standard Oil Cases
42. Google’s Data Collection Practices Face Scrutiny in Recent Lawsuits
43. RIAA Tosses Bogus Claim At Github To Get Video Downloading Software Removed
44. GitHub boots popular YouTube download tool after RIAA claim
45. Twitch’s Freak Out Response To RIAA Takedown Demands Raises Even More DMCA Questions
46. Join The Fan Fiction Deep State And Watch This Latest Video That Addison Cain Really Doesn’t Want You To See
47. Amazon launches new Counterfeit Crimes Unit
48. TikTok To Provide Greater Insight Into Video Takedowns With New Notification System
49. Zoom Shuts Down NYU Event To Discuss Whether Zoom Should Be Shutting Down Events Based On Content
50. Record Deals Are So Yesterday. Here’s The New Playbook For Musicians On The Internet.
51. Digital, Culture, Media and Sports Committee launches inquiry into the impact of streaming on the music industry
52. USPTO publishes report on public views on artificial intelligence and IP Policy – US IP law adequate for now, until artificial general intelligence is reached? 
53. UK Court Decision: Artificial Intelligence Machine Is Not An Inventor 
54. Use of Aggregated Data in Artificial Intelligence Solutions
55. Regulating AI: EU proposes legal framework for Artificial Intelligence 
56. Sensitive Personal Information: Another Concept Borrowed From The GDPR
57. Hacked Healthcare Provider Refuses to Pay Ransom, Attackers Target Psychotherapy Patients
58. Data as Property?
59. Twitch Deletes Content for Copyright Infringement Without Warning
60. 2K Sports Could Have Avoided Its Un-Skippable Ads Backlash If The Ads Were Better Content
61. Music industry organisations slam Twitch in open letter: The streaming giant denied the claims that its Soundtrack service is not fully licensed
62. Epic refutes Apple’s theft claims as “implausible and deficient as a matter of law”: “Apple seeks to compare Epic’s conduct to stealing cash from a vault in ApplePark,” new legal filing argues
63. Epic hits back at Apple, saying it ‘has no rights to the fruits of Epic’s labor’
64. PS4 shipments near 114m as new generation looms: More than 75% of all PlayStation revenue came from digital sources in the second quarter, with only 41% of games bought physically
65. 30 years later, Nintendo is localizing the first Fire Emblem game
66. Nintendo’s new translation tune? What a Fire Emblem re-release means in 2020
67. Digital console spending up 40% last month thanks to wave of big releases – SuperData: NBA 2K21, Avengers, Tony Hawk, and Super Mario 3D All-Stars lead console spending for September
68. Deleting Facebook wipes out Oculus purchases: Users who have not linked their Facebook account to their VR headset yet are not impacted
69. Creative Director At Google Stadia Advocates Streamers Paying Game Devs And Publishers
70. Google distances itself from Stadia creative director’s comments
71. Google distances itself from Stadia creative director Alex Hutchinson: Internet giant asserts that tweets about streamers paying royalties “do not reflect those of Stadia, YouTube or Google”
72. Mojang games to require Microsoft account: All the titles from the Minecraft developer will be impacted by the change, including Minecraft Java Edition
73. Devolver Digital brings in licensing specialist to work on Fall Guys: Fée Heyer brings experience from Dunlop Sports, describes Mediatonic’s game as “a phenomenon rarely seen before”
74. Ubisoft and Netflix partner for live action Assassin’s Creed series
75. How Indiana Jones, Rambo, and others ended up in 1980s Czechoslovak text-adventures
76. Trademarks and E-games
77. Video: How internal game jams can help art teams.

Jon