News of the Week; December 16, 2020

INTELLECTUAL PROPERTY

1.  Eve of destruction: Moral rights infringement and destroying works of art
2. Two Turntables, No Microphone: Using Technical Diagram Is Not Copyright Infringement
3. Brophy v. Belcalis Almanzar (California, Southern District 12.4.20): In lawsuit against Cardi B for using plaintiff’s back tattoo on cover of her album, court holds that transformative fair use is question for jury.
4. Atlantic Recording Corp. v. Spinrilla, LLC (Georgia ND, 10.30.20): Court finds that streaming constitutes “public performance” under Copyright Act and that defendant did not qualify for safe harbor protections under DMCA.
5. Lego’s copyright victory against Lepin in China
6. Ancestry.com Sued Over Yearbook Pic Database
7. Copyright Trolling/SEO Scam, Changing The Photo Credits On Wikimedia Commons
8. Is Your Company Accidentally Granting Implied Copyright Licenses?
9. House Passes PACER Bill As Budget Office Says It Will Cost Less Than $1 Million A Year To Provide Free Access To Court Documents
10. US House passes bill to tear down judiciary’s paywall 
11. APIs front and centre in age of digital interconnectivity 
12. Why Canadian trademark owners should consider whether international registration is right for them 
13. Trademarks Office to allow expedited examination for COVID-related goods and services 
14. The Swiss Shield: A Trademark Registration Is a Defence to Damages Even if Later Invalidated 
15. French Film Company Somehow Trademarks ‘Planet’, Goes After Environmental NGOs For Using The Word 
16. A Rare Case of a Judge Relying on the Initial Interest Confusion Doctrine (Boo)–Nike v. Warren Lotas (Eric Goldman)
17. Battling Bubbles: Beverage Behemoth Coors Defeats Upstart Future Proof’s Motion for a Preliminary Injunction
18. Dishonest Abe? Trademark Battle erupts over THE LINCOLN PROJECT
19. Trade mark rights IN THE RED!
20. Owner of ‘Derby Pie’ Trademark Sues Newspaper For Using The Term, Publishing Recipe 
21. Tasty Trademarks: An Analysis of the Canadian Trademark Applications Covering Taste
22. Trademarks: 1 registration for 107 member states and 123 territories: trinidad and tobago has joined the international trademark system
23. Judge Upholds “Willful and Malicious” Trade-Secret Misappropriation Verdict in Produce Preservation Case
24. Judge Rakoff Sanctions Patentee for Sharing Confidential Documents with Counsel in Overseas Trade Secret Case 
25. Recently Filed Lawsuit by Trinseo Highlights the Potential for the Rapid Spread of Misappropriated Trade Secrets 
26. Ontario Court Affirms the Enforceability of Patent No-Challenge Clauses 
27. Federal Circuit Compels Transfer of Ownership of Japanese Patent Applications
28. Today’s No Patent Challenge Provisions in License Agreements 
29. What are the rules around software patents?
30. The Unified patent court and unitary patent – Introduction
31. Top Section 101 Patent Eligibility Stories of 2020
32. The UK Supreme Court, patent infringement, and the challenges of judging IP cases: In conversation with Lord Neuberger
33. World Trade Organization Considers IP Rights for Covid Vaccines
34. Software development intellectual property joint ventures
35. Intellectual property infringement on the rise
36. The Broadcasting Act Blunder, Day 15: Mandated Confidential Data Disclosures May Keep Companies Out of Canada (Michael Geist)
37. The Broadcasting Act Blunder, Day 16: Mandated Payments and a Reality Check on Guilbeault’s Billion Dollar Claim (Michael Geist)
38. The Broadcasting Act Blunder, Day 17: The Uncertain Policy Directive (Michael Geist)
39. The Broadcasting Act Blunder, Day 18: The USMCA Trade Threat That Could Lead to Billions in Retaliatory Tariffs (Michael Geist)
40. Stupid Cable TV Retrans Feuds And Blackouts Make Their Way To Streaming TV
41. Apple’s app store is an illegal monopoly, rival Cydia claims in suit
42. Apple introduces privacy labels to make data mining transparent
43. Digital regulation 2.0: UK and EU announce details of major reforms
44. The Digital Services Act and Digital Markets Act: A new era for online regulation within Europe
45. Digital platforms – let the games begin!
46. US law proposal could make streaming copyrighted material a felony
47. Not This Again: Senator Tillis Tries To Slide Dangerous Felony Streaming Bill Into Must Pass Government Funding Bill
48. Tillis Release Details Of His Felony Streaming Bill; A Weird Gift To Hollywood At The Expense Of Taxpayers
49. Reddit Buys TikTok Competitor Dubsmash, Will Integrate App’s Video Creation Tools
50. EU warns that it may break up Big Tech companies
51. The Peril of Persuasion in the Big Tech Age
52. AZ GOP Goes Full Bullshit: Claims It took Down Violence-Inciting Tweet Over Copyright Concerns
53. Facebook Testing ‘Super’, Which Lets Fans Pay To Interact With Their Favorite Creators On Stream
54. Millions of videos purged from Pornhub amid crackdown on user content
55. China fines Alibaba, Tencent unit under anti-monopoly laws
56. Disney+ drops Andor teaser, announces gazillion other Star Wars projects
57. Justice Thomas’ Anti-Section 230 Statement Doesn’t Support Reconsideration–JB v. Craigslist (Eric Goldman)
58. As A Parting Shot, Tulsi Gabbard Teams Up With Paul Gosar To Introduce Yet Another Unconstitutional Attack On Section 230
59. USA Today Publishes Yet Another Bogus OpEd Against 230, Completely Misrepresents The Law
60. District Court Rejects CDT’s Challenge Of Trump’s Ridiculous Executive Order On Section 230
61. Trump Appoints Unqualified Guy Who Hates Section 230 To Top Justice Department Role
62. Smaller Internet Companies Say They’re Open To 230 Reform… To Keep Facebook From Being The Only Voice In The Room
63. Lindsey Graham’s Latest Attack On Section 230: Reform It By 2023, Or We Take It Away
64. Content Moderation Case Study: Facebook’s AI Continues To Struggle With Identifying Nudity (2020)
65. Content Moderation Case Study: Vimeo Moderates Uploads Of ‘Commercial-Use’ Videos Using Unclear Guidelines (2009)
66. Sony-Owned Anime Streamer Funimation To Buy Crunchyroll For $1.2 Billion
67. Walmart Looking To Turn Salaried Employees Into Social Influencers With Nascent ‘Spotlight’ Program
68. Meghan Markle, Prince Harry, And Their New Podcast Company ‘Archewell Audio’ Sign Exclusive Deal With Spotify
69. Giving by Taking Away: Big Tech, Data Colonialism and the Reconfiguration of Social Good
70. What’s “So” Important: Computer Fraud and Abuse Act Gets a Close Look from SCOTUS
71. Nintendo Hates You: DMCA Takedowns Of Game Music Continue While Nintendo Offers No Legit Way To Listen
72. GOG backtracks on Devotion re-launch hours after it was announced
73. Copyright law is bricking your game console. Time to fix that
74. British MPs want console scalping made illegal, call for more consumer protection
75. UK Members of Parliament call for ban on bulk buying consoles
76. Cyberpunk 2077’s Stream-Safe Setting Option For Its Music Failed To Keep Streamers Safe
77. Publicity on the Pitch? Football Superstars vs EA Sports
78. Steam breaks concurrent users record at nearly 25m
79. Facebook Gaming creators have earned $50m in Stars in 2020
80. Dr. Seuss gets serious about games

Jon