News of the Week; February 24, 2021

INTELLECTUAL PROPERTY

1. Canadian consultation on extending the general term of copyright open through March 12
2. Extra, extra, read all about it: new Canadian Bill proposes remuneration for use of journalistic works online
3. Time to Pay the Copyright Piper? A Digital Media Platform Copyright Reckoning for Journalists is Upon Us!
4. Meghan Markle gets summary judgment – but is she the sole author of her letter?
5. Duchess of Sussex wins summary judgment in copyright and privacy claims
6. Duchess of Sussex v Mail on Sunday & MailOnline
7. HHJ Hacon decides ownership of Virtual Forensic Computing software created during course of employment.
8. Karma: Twitch Replaces Live Metallica Concert With 8-Bit Music To Avoid Copyright Madness 
9. Understanding the Boundaries of Using Copyrighted Learning Materials in Distance Learning 
10. Hooray for the Public Domain: A prequel to The Great Gatsby sees the light of day!
11. A Closed Book: No Past Infringement, No Reading Between the Lines into the Future
12. Third circuit panel revises half-baked trade dress functionality decision
13. 9th Circuit swivels on trade dress functionality doctrine in favor of iconic Herman Miller office chairs
14. Apple Settles Trademark Opposition With PrePear Recipe App After The Latter Makes A Barely Perceptible Change In Logo
15. A Registration is a Trump Card
16. Peloton Seeks To Invalidate ‘Spinning’ Trademark Held By Trademark Bully
17. FyreTV Porn Service Asks 11th Circuit Panel To Resurrect Dumb Trademark Suit Against Amazon Over FireTV
18. USPTO Provides Guidance in View of ‘Booking.com’
19. Trademark registrability of generic.com domain names following US Supreme Court decision on Booking.com
20. Fairtrade Fortnight
21. Protecting product appearance through trademark and design registrations
22. Domain Name Dispute Resolution Options: Features, Benefits and Other Considerations for Selecting Between UDRP and URS
23. Federal Circuit Clarifies When Appellate Review Triggers Patent Term Adjustment
24. Federal Court Dismisses Limitation Period Defence in Patent Infringement Action under Section 8.2 of the PM(NOC) Regulations 
25. Canadian courts are interpreting supplementary pharmaceutical patent protection more broadly than their EU counterparts
26. Lack of enablement in Amgen v Sanofi and Regeneron
27. Federal Circuit Axes Amgen Antibody Patents, Finding Lack of Enablement
28. Judge Schofield Rejects Application of Rare Equitable Estoppel Defense
29. 2G or Not 2G: Patent License Applies to Future Generation Wireless Networks
30. Boom in M&A shifts semiconductor patent landscape 
31. Patent Office Issues Guidance on Indefiniteness
32. When is someone “authorised” to use a patented invention for the services of the Crown and therefore immune from patent infringement?
33. John Deere Promised To Back Off Monopolizing Repair. It Then Ignored That Promise Completely.
34. California can enforce net neutrality law, judge rules in loss for ISPs
35. California Poised To Defeat Broadband Industry In Scrum Over Net Neutrality
36. ‘Net Neutrality Hurt Internet Infrastructure Investment’ Is The Bad Faith Lie That Simply Won’t Die
37. FCC Pressured To Let Libraries Bridge Broadband Access During The Pandemic
38. China blocks BBC World News in Tit-for-tat move following CGTN Ban in UK
39. Ontario Court Sets Out New Tort of “Harassment in Internet Communications”
40. Facebook to reverse Australia news ban after lawmakers alter bill
41. Facebook Caves To Australia: Will Restore Links After Government Gives It More Time To Negotiate Paying For News Links
42. Right to post: Australia calls Facebook blocks an assault on a sovereign nation: Health Minister Greg Hunt has turned up the rhetorical dial after Facebook blocked Australian news media this morning.
43. Facebook news ban is “arrogant,” Australia will not be “intimidated,” PM says
44. The Bizarre Reaction To Facebook’s Decision To Get Out Of The News Business In Australia
45. Why Is Facebook’s Decision to Restrict News in Australia So Significant?
46. Australian News Sites Shocked & Upset To Learn They Don’t Need To Rely On Facebook For Traffic!
47. Facebook’s Australian News Ban Did Demonstrate The Evil Of Zero Rating
48. Beware the Unintended Consequences: Some Warning Signs for Canada from the Australian Government Battle With Facebook (Michael Geist)
49. The Complexity of Internet Content Regulation – A Conversation with CIPPIC’s Vivek Krishnamurthy (Michael Geist)
50. Microsoft throws Google under the bus in European news fight
51. YouTube Removes PewDiePie’s Cocomelon Diss Track, Citing Harassment And Child Safety Policies
52. Is Mandated Sideloading The Answer To App Store Deplatforming?
53. Indian Government Requires Educational Establishments To Obtain Its Approval For The Subject Matter And Participants Of International Online Conferences And Seminars
54. Tech groups sue Maryland to block new digital-ad tax from going into effect
55. Is Section 230 Just For Start-ups? History Says Nope
56. North Dakota’s New Anti-230 Bill Would Let Nazis Sue You For Reporting Their Content To Twitter
57. Attacks On Internet Free Speech In Malaysia And Indonesia Demonstrate Why Section 230 Is So Important
58. Content Moderation Case Study: Senator Asks YouTube To Block Al Qaeda Videos (2008)
59. Content Moderation Case Study: Chatroulette Leverages New AI To Combat Unwanted Nudity (2020
60. Doctor Can’t Win Default Judgment Over Patient’s Yelp Review–Mirza v. Amar (Eric Goldman)
61. Maryland First State to Adopt Digital Ad Tax
62. YouTube Shutters 7 Remaining ‘YouTube Spaces’ Globally, Doubling Down On Pop-ups And Virtual Programming
63. Spotify Will Enable Podcasters To Charge For Monthly Subscriptions, Slates Broader Rollout For Video Podcasts
64. Internationalized domain names: definition, challenges, and status
65. Copyright in works created by artificial intelligence: issues and Perspectives
66. Artificial Intelligence and Patents: Inventing Inventors
67. Takeaways | Requiring Human Inventorship – Opportunities to Advise Whether to Prohibit, Permit, or Require Listing an AI Algorithm as an Inventor – Eastern District of Virginia & European Patent Office
68. Legal Aspects of Artificial Intelligence (v3.0)
69. AI can write a passing college paper in 20 minutes: Natural language processing is on the cusp of changing our relationship with machines forever.
70. Microsoft says SolarWinds hackers stole source code for 3 products
71. To pay or not to pay: Another regulator weighs in on the decision to pay a ransom
72. LAPD Asked Ring Users To Turn Over Footage Of Anti-Police Brutality Protests
73. Illinois politician proposes a Grand Theft Auto ban
74. New Illinois Bill Would Expand Restrictions on Video Games
75. UK antitrust tribunal blocks Epic’s case against Apple
76. Epic Games attacks Apple in antitrust complaint to EU: Apple’s position as a gatekeeper for what apps can appear on iPhones or iPads has already attracted EU antitrust scrutiny
77. Valve gets dragged into Apple and Epic’s legal fight over Fortnite
78. Apple turns to Valve for information in legal battle with Epic
79. Valve pushes back against Apple’s attempt to rope it into the big Epic v. Apple dispute
80. Bethesda faces lawsuit over Fallout 4 DLC: The company faces charges of deceit for not including its Creation Club in the game’s Season Pass, which could delay Microsoft’s ZeniMax takeover
81. Microsoft Unveils Xbox Accessibility Guidelines Version 2.0
82. PS5 DualSense drift — this teardown just revealed the cause
83. CD Projekt Red issues DMCA to prevent spread of stolen Gwent code
84. CD Projekt issues DMCA takedowns to halt spread of illegally obtained source code
85. Report: Some CD Projekt devs unable to work after ransomware attack
86. Take-Two DMCA takes down reverse-engineered GTA source code
87. Take-Two reportedly takes down reverse-engineered GTA3, Vice City source code
88. Steam’s new controller reporting lets devs know how their games are played 
89. Burning Crusade Classic leaks ahead of BlizzCon
90. Microsoft’s accessibility guidelines are a great start — but we can go further | Opinion
91. Unity report shows mobile games ad revenue grew 8% in 2020
92. January digital games spending reaches $11.6bn
93. Notre Dame sitting out of EA Sports College Football for now
94. Bungie scaling up to expand Destiny ‘into additional media’ and create new IPs
95. Live-action Twisted Metal TV series moving forward
96. Cambrian’s new game design program launches in September
97. Sony developing ‘next-generation VR system’ for PlayStation 5
98. Sony announces new PSVR hardware for PlayStation 5
99. Sony just confirmed PSVR 2 for PS5 — these are the biggest upgrades
100. Next-Gen VR Dev Kits for PS5 Shipping Soon with “completely new VR format”
101. Sony Confirms Next-Gen PSVR is Coming, New Controllers to Feature DualSense Tech
102. PlayStation’s commitment is a huge boost to the VR market | Opinion
103. Carmack: Facebook-Oculus Acquisition ‘Not A Perfect Outcome’ But Still ‘Correct’ For The Company 

Jon