News of the Week

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

News of the Week; February 17, 2021

INTELLECTUAL PROPERTY

  1. A consultation on how to implement an extended general term of copyright protection in Canada (Canada)
  2. Copyright Term Extension – March 12 2021 Deadline to Respond to Very Disappointing Document (Howard Knopf)
  3. Afraid to Lead: Canadian Government Launches Timid Consultation on Implementing Copyright Term Extension (Michael Geist)
  4. The Copyright Bill That Does Nothing: Senate Bill Proposes Copyright Reform to Support Media Organizations (Michael Geist) 
  5. Copyright Term Extension: To Life Plus 70 Years, But Not Beyond! Government Consultation on Copyright Term Extension Now Open
  6. Should We Require Human Inventorship? Submit Your Amicus Brief by March
  7. Is This Beverly Hills Cop Playing Sublime’s ‘Santeria’ to Avoid Being Live-streamed?: Police in Beverly Hills have been playing music while being filmed, seemingly in an effort to trigger Instagram’s copyright filters.
  8. Copyright and database rights in database schema: Software Solutions Ltd and others v 365 Health and Wellbeing Ltd and Smith
  9. Judiciary’s Approach to Moral Rights under Copyright Law
  10. H&M and Unicolors weave up at Copyright battle at US SC
  11. UK Courts find hidden voice in film authorship dispute
  12. Pan-European Design Protection: Considerations for the fashion sector post-Brexit 
  13. Utah Theme Park Sues Taylor Swift Over Album Title After Exploiting It 
  14. A Shoe-In? Fleet Feet Gives Injunction Appeal the Moot Boot
  15. Amazon keeps hitting the target… but not quite in a trade mark context 
  16. One too many Pink Ladies
  17. Tefal fails to secure trade mark protection for its red dot despite survey evidence 
  18. ‘It’s like milk but made for humans’: General Court overturns EUIPO’s refusal to register Oatly’s trade mark
  19. When is a slogan a trade mark?
  20. Random Jackass Attempts To Trademark ‘Mayor Of Mar-A-Lago’ In The Most Hilarious Way
  21. How life sciences companies can strengthen IP strategies through the use of trade secrets
  22. ITC Finds Trade Secret Misappropriation and Bars Electric Vehicle Batteries from SK Innovation—With Exceptions
  23. $6 Million Verdict Vacated in Flooring Tech Trade Secrets Row
  24. The Facts on Fax Machines: They’re Not Dead, They’re Indefinite
  25. Foreign Prosecution History: To Admit, Or Not To Admit, That Remains a Puzzle To Canadian Courts 
  26. Federal Court finds silodosin formulation patent valid but not infringed
  27. Patent application extensions of time in Canada
  28. Extensions of time in Canada: worth the trouble?
  29. Contradictory Positions Render Claims Indefinite 
  30. “Safe Harbor” Act May Save Pfizer From Infringement for Covid Vaccine Clinical Trials
  31. It Is Improper To Read a Claim in a Grammatically Incorrect Way Simply To Include a Disclosed Embodiment
  32. US patents: Body blow for antibodies 
  33. There’s no such thing as an international patent
  34. Everyday IP — Flushing out the facts: When was indoor plumbing invented?
  35. From Snail Mail to Streaming: The Netflix Intellectual Property Story
  36. Cloud Contracts: The Impact of Common Terms of Service Provisions on Intellectual Property Rights
  37. The link between intellectual property rights and business performance 
  38. IP law looms large over U.S.-China relations
  39. Why Laid Off Bell Sports Journalists Should Form A Worker Co-op: We cannot rely on legacy corporate media to save the journalism industry. It’s time to build something better.
  40. Circumventing Parliament: How Bill C-10 Dramatically Reduces Parliamentary Oversight and Review Over Broadcast Policy (Michael Geist)
  41. Are Social Media Services “State Actors” or “Common Carriers”? (Eric Goldman)
  42. Dumb New GOP Talking Point: If You Restore Net Neutrality, You HAVE To Kill Section 230. Just Because!
  43. A reckoning for the paparazzi and tabloid media
  44. Facebook goes nuclear, banning all news posts in Australia
  45. Big Tech opens wallet for publishers as Australian news code looms
  46. Google and Facebook grapple with news publishers, as Australia becomes a test case
  47. The Internet Is Splintering
  48. Posing as Amazon seller, consumer group investigates fake-review industry
  49. There won’t be blood: Apple is making its syringe emoji a vaccine dose
  50. State lawmakers override veto, become first in nation to tax online ads
  51. Biden Administration Presses Pause on WeChat and TikTok Appeals
  52. Biden Administration Asks Federal Courts to Pause TikTok and WeChat Cases
  53. Twitter CFO Says Trump Is Banned In Perpetuity, Even If He Runs For Office Again
  54. Facebook has been helping law enforcement identify Capitol rioters
  55. Facebook Blocks News Viewing, Sharing In Australia, Faces Backlash From Emergency Services
  56. Zuckerberg responds to Apple’s privacy policies: “We need to inflict pain”: Meeting between Zuckerberg, Cook “resulted in a tense standoff.”
  57. Insights: Apple And Facebook Are Fighting For The Future As Much As For Now
  58. Inside the Making of Facebook’s Supreme Court: The company has created a board that can overrule even Mark Zuckerberg. Soon it will decide whether to allow Trump back on Facebook.
  59. The Copia Institute To The Oversight Board Regarding Facebook’s Trump Suspension: There Was No Wrong Decision
  60. Zuckerberg’s Grand Illusion: Understanding The Oversight Board Experiment
  61. United States: towards the end of Internet intermediary immunity?
  62. New details emerge about Google’s payments to link to French news sites
  63. Why young designers are using social media to shame fast fashion copycats
  64. Orrin Hatch, Who Once Wanted To Destroy The Computers Of Anyone Who Infringed On Copyrights, Now Lies About Section 230
  65. Content Moderation Case Study: Valve Takes A Hands Off Approach To Porn Via Steam (2018)
  66. Content Moderation Case Study: Google ‘Removes’ German Residences From Street View By Request (2010)
  67. Section 230 Protects App Store from Liability for Apps With Loot Boxes–Coffee v. Google (Eric Goldman)
  68. Section 230 Applies to Articles by Huffington Post Contributors–Page v. Oath (Eric Goldman)
  69. WhatsApp messages – who is in control?
  70. YouTube’s ‘Shorts’ TikTok Clone, With 3.5 Billion Daily Views, To Arrive In The U.S. This March
  71. YouTube Launches Bi-Weekly ‘Shorts Report’ To Bolster Its TikTok Competitor
  72. TikTok’s U.S. Ad Business Grew 500% In 2020, It Says
  73. SAG-AFTRA Ratifies New ‘Influencer Agreement’ Covering Creator-Generated Branded Content
  74. Disney+ Closes 2020 With 94.9 Million Subscribers, Expects To Hit 230 Million In 2024
  75. An anniversary for great justice: Remembering “All Your Base” 20 years later
  76. IP law and strategy for AI – A European perspective
  77. Top Ten Legal Considerations for Use and/or Development of Artificial Intelligence in Health Care
  78. Enough is enough ‎—‎ Governing the ungovernable
  79. FTC Settles Facial Recognition Data Misuse Allegations with App Developer
  80. he Perfect Storm for Privacy and Adtech: How the End of the Cookie Era Will Reshape the Digital Marketplace
  81. Information Commissioner confirms conservatives illegally collected data to racially profile voters
  82. Nintendo reportedly raises damages sought in Colopl lawsuit to $47m
  83. Nintendo claims additional damages in White Cat Project lawsuit
  84. Epic Games’ Case Against Teenage Fortnite Cheater Finally Settles
  85. Epic files EU antitrust complaint against Apple
  86. Fortnite vs. Apple continues to escalate with new antitrust complaint
  87. Fortnite fight expands as Epic claims Apple broke EU competition law
  88. North Dakota lawmakers jump into Apple/Epic fight with new app store bill
  89. Coalition for App Fairness behind North Dakota bill against Apple: Money from the organisation co-founded by Epic Games paid for lobbyists to introduce new bill into state senate
  90. A North Dakota bill aiming to loosen Apple’s tight grip on iOS has failed
  91. One Patent To Rule Them All | Podcast: We discuss the implications of Warner Bros’ Nemesis system patent, with Harbottle & Lewis’ Kostya Lobov
  92. PC versions of Grand Theft Auto reverse-engineered to raw source code
  93. Hackers claim to have sold Cyberpunk 2077, Witcher 3 source code
  94. CD Projekt Red source code reportedly sells for millions in dark Web auction
  95. How close is too close? A look into the use of altered trade marks and third-party ‘patches’ in videogames
  96. Eximius dev relaunching title after publisher dispute
  97. US game spending up 42% in January, says NPD
  98. Zynga delivers record annual revenues thanks to ‘forever franchises’
  99. Bad Robot looking to be the rare Hollywood-and-games success story
  100. Last Of Us HBO series casts Pedro Pascal as Joel
  101. Dota 2 is getting a Netflix series: The eight-episode anime series will launch on March 25
  102. The ‘GaaS or subscription service’ squeeze in games
  103. Blog: Video game music concerts in 2021

Jon

News of the Week; February 10, 2021

INTELLECTUAL PROPERTY

  1. Federal Court trusts technology to prove infringement
  2. Is This Beverly Hills Cop Playing Sublime’s ‘Santeria’ to Avoid Being Live-streamed?: Police in Beverly Hills have been playing music while being filmed, seemingly in an effort to trigger Instagram’s copyright filters. 
  3. Latest Anti-Accountability Move By Cops Involves Playing Music While Being Recorded In Hopes Of Triggering Copyright Takedowns
  4. Celebrity tattoo artist Kat Von D sued for inking Miles Davis design? Tats crazy!
  5. Desire v. Manna Textiles (USCA, 9th Circuit): Holds only one statutory damages award available where defendant supplied infringing work to other defendants, even when those other defendants exploited infringing work.    
  6. Carlini v. Paramount Pictures Corp. (USDC, California): Court action brought alleging film “What Men Want” infringed plaintiff’s screenplay, finding access was insufficient and works were not substantially similar. 
  7. Be careful what you scrape from the HiQ v. LinkedIn decision 
  8. Sherlock Holmes and the copyright infringement claim
  9. Protect your moves – A mix of Intellectual Property and Dance
  10. Snippet Taxes Not Only Violate The Berne Convention, But Also Betray The Deepest Roots Of Newspaper Culture
  11. Why Is Congress Pushing For Locking Up More Culture? 
  12. SCOTUS Update – Google v. Oracle 
  13. Music – Royalty Rates for Digital Transmissions 
  14. Copyright year in review 2020 
  15. The growing role of domains in IP 
  16. What to Do when “Everything Sucks” 
  17. Utah Theme Park Sues Taylor Swift Over Album Title After Exploiting It
  18. Taylor Swift sued by Utah Theme Park for trademark infringement.
  19. Pearl Jamm changes name to Legal Jam…to avoid legal jam 
  20. SDNY Magistrate Judge Recommends that Rubik’s Cube Design is Not Functional 
  21. Hanes Pop Warner’s Way: Trademark Dispute Over Pop Warner Mark 
  22. How to Register a Common Shape as Your Trademark 
  23. Trademarks in 2020: notable cases and developments 
  24. Trade Secret Management in the United States: Top Ten Mistakes to Avoid 
  25. December 2020 COVID-19 Relief Bill Finally Closes the Streaming Loophole 
  26. Third Circuit Finds Pocky Trade Dress Functional, Not Protectable 
  27. There’s No Sugarcoating It: Pocky’s Cookie Design Trade Dress Is Functional
  28. The Doctrine of File Wrapper Estoppel in Canada: The Court of Appeal Hands Down its Decision 
  29. Evidence Supports Prior Art’s Public Accessibility but Not the Board’s Adoption of an Unpresented Theory of Anticipation
  30. Federal Circuit Clarifies Part of Patent Term Extension Equation 
  31. Federal Circuit Says Automated Systems Are Not Abstract when Tied to Improvements 
  32. The “Skinny Label” – The Federal Circuit Has Second Thoughts 
  33. No Patent Eligibility Reward for Customer Loyalty Program Computer System
  34. How to patent over-the-air (OTA) automotive technology 
  35. Federal Circuit Agrees to Reconsider Ruling in GSK v. Teva Drug Patent Case 
  36. When Fixing One Problem Creates Another: How Patent Infringement Arises Out of Product Repairs 
  37. Key Insights for Obtaining FinTech Patents
  38. Patents in 2020 – The year in review
  39. Conservative MP Files Amendment Calling on the Government to Withdraw Bill C-10 (Michael Geist)
  40. Why The Secrecy on Bill C-10?: How the Liberals Abandoned Their Commitment to Consultation, and Transparency in Pushing Their Broadcast Reform Bill (Michael Geist)
  41. Big Game, Ad Claims: Reflecting on Super Bowl Advertising Tactics
  42. 25 Years Later: A Celebration Of The Declaration Of The Independence Of Cyberspace
  43. Google, Facebook tell SCOTUS it should be harder for you to sue them
  44. Senators Warner, Hirono, And Klobuchar Demand The End Of The Internet Economy
  45. Platform mergers and antitrust: This paper sets out a framework for addressing competition concerns arising from acquisitions in big platform ecosystems.
  46. The Definitive Guide to Clickwrap
  47. We’re Living Our Lives On The Internet, And We Can’t Be Free If It Isn’t.
  48. Now It’s The Democrats Turn To Destroy The Open Internet: Mark Warner’s 230 Reform Bill Is A Dumpster Fire Of Cluelessness
  49. Senators Propose Substantial Revisions to Section 230’s Protections for Online Providers
  50. Proposed Sec. 230 rewrite could have wide-ranging consequences
  51. The Many Reasons To Celebrate Section 230
  52. Section 230 Lets Tech Fix Content Moderation Issues. Congress Should Respect That
  53. How To Think About Online Ads And Section 230
  54. How Section 230 Makes My Life Better (A Celebration of Its 25 Year Anniversary) (Eric Goldman)
  55. Content Moderation Case Study: Twitch Allows Users To Enable Emote-Only Chats (2016)
  56. Content Moderation Case Study: Twitter Attempts To Tackle COVID-related Vaccine Misinformation (2020)
  57. Universal Music Yanks Catalog From Triller, Slams Service For Withholding Artist Payments
  58. Texas Dept. Of Public Safety Issues Amber Alert For Victim Of Horror Doll Chucky
  59. 25 years ago today, the internet declared its independence — for better and for worse
  60. Protecting AI Innovations Through Trade Secrets and Patent Protection
  61. The Collision of AI’s Machine Learning and Manipulation: Deepfake Litigation Risks to Companies from a Product Liability, Privacy, and Cyber Standpoint
  62. Turf wars: confidentiality of live (sports) data
  63. Shadow of War publisher Warner Bros. has patented the series’ Nemesis system
  64. Super Nintendo World apparently took scenery from a Mario fangame
  65. G.I. Bro is a Go: Copyright Dispute Over Call of Duty Poster Survives Summary Judgement
  66. Activision Blizzard sued over Call of Duty character
  67. Warner Bros finally secures patent for Shadow of Mordor’s Nemesis system
  68. CD Projekt Red’s internal systems “compromised” following ransomware attack
  69. CD Projekt Red gets ‘cyberpunk’d’ – another ransomware attack
  70. Cyberpunk 2077 developer hit with ransomware attack
  71. Cyberpunk 2077 developer CD Projekt hit by ‘targeted cyber attack’
  72. MP proposes bill to make console scalping illegal amid PS5 and Xbox Series shortages
  73. Terraria developer cancels Google Stadia port after YouTube account ban
  74. Epic Games’ ability to go to war with Apple stems from its financial freedom, says CEO
  75. Epic’s new tool promises high-fidelity human characters in under an hour
  76. Epic Games’ new MetaHuman Creator will let devs build hi-fi humans
  77. EA Sports Announces College Football Video Game Revival and Another Collegiate Athlete Persona Rights Piece of Legislation is Proposed in Congress
  78. “90 bugs left”: Rare devs talk about the nearly completed Goldeneye 007 remake

Jon

News of the Week; February 3, 2021

INTELLECTUAL PROPERTY

  1. For the Want of a Nail – Copyright Claims Fail When Plaintiffs Can’t Show Ownership
  2. Thomson Reuters v. ROSS case will test limits on protections for subscription-based database: ROSS Intelligence alleges monopolistic, anticompetitive control over legal research market
  3. Bernie and his Marvelous Mittens. It’s all Good Fun Until a Copyright Lawyer Gets Involved 
  4. Anthropomorphized Characters Representing Human Emotions are Not Copyrightable
  5. Annotations that Accompany State and Local Laws are not Copyrightable
  6. Generalized Expressions of Scientific Facts and Generic Themes are Not Copyrightable 
  7. Spoofs, Parodies, Compatibility, and Comparisons: When Can Competitors Borrow from Each Other? 
  8. Music – The Scope of Protection
  9. The Lies Told About The EU Copyright Directive’s Upload Filters May Help Get Them Thrown Out In Court
  10. Japan Looks To Amend Copyright Law To Force Some Cosplayers To Pay To Cosplay 
  11. Pitch perfect appeal for James Arthur 
  12. Is your joint copyright work purple or red/blue?
  13. Mitigating Copyright Issues in Remote Learning
  14. Music Licensing in the Video Streaming Era
  15. Pocky Ruling Denies Trade Dress Protection for the Useful, Though Not Essential, Shape of Cookie 
  16. Third Circuit Panel Revises Half-Baked Trade Dress Functionality Decision
  17. Please Dough Not Use My Trademark 
  18. Much ado about ballet shoes – important designs case on copying 
  19. The Shape of Things to… Eat 
  20. The Federal Court of Appeal Upholds Finding that Trademark Use Can Be Established Without a Physical Presence in Canada. 
  21. Federal Court grants interlocutory injunction in trademark action for second time in six months
  22. Canadian Intellectual Property Office allows requests for expedited COVID-19 medical trademarks
  23. Taste, Smell, Hear, Touch, and See – Appealing to All Five Senses with Non-Traditional Trademarks
  24. Taylor Swift in ‘Evermore’ Trademark Lawsuit Over Utah Theme Park Name 
  25. Trademark Modernization Act Strengthens Rights of Brand Owners 
  26. The Trademark Modernization Act: Real Change to Address the Realities of Trademark Law 
  27. Brewery Industry Insight — A Play-on-Words Mark Prevailed
  28. Annual Reminder: You Can Probably Just Call The Super Bowl The Super Bowl
  29. A decision based on Aesthetics – UK IPO rules stylisation is enough to overcome confusion
  30. General Court finds no likelihood of confusion in BBQLOUMI opposition – Cypriot cheesemakers continue to struggle in EU trade mark courts
  31. Lady A vs. Lady A: (Trademark) Battle of the Bands
  32. TTAB Precedent No. 46: No Abandonment of A.W. SHUCKS
  33. Cannabis Trade marks and commercialisation in the US, UK and EU. 
  34. Minimalist trademarks: end of the road for uniqueness?
  35. Cybersquatting trends and strategies that brand owners need to know 
  36. Janssen’s abiraterone acetate and prednisone combination therapy patent found invalid
  37. When is There an “Actual Invention” Involving Computers?
  38. Office Actions: Options to consider when you need an extension of time to respond to the Patent Office
  39. Protecting innovations through patent due diligence and FTO analysis
  40. Data Breaches Ain’t Just About Privacy: Risking the Loss of Patent Rights by Data Breach with Subsequent Disclosure 
  41. All Hands On Deck: Ensuring Innovation, Not Just Patents, From All 
  42. Third Circuit Requires Patent Validity Analysis In Adjudicating Antitrust Causation
  43. Federal Circuit Finds Patent Infringed After Reversing Claim Construction That Violated “Grammatical Principles” to Cover All Embodiments
  44. Judge Hellerstein Upholds Infringement by Microsoft of Kaufman’s “And/Or” Patent  
  45. Augmented Reality/Virtual Reality Litigation Update: Defendants’ Motion to Stay Pending IPR Denied in AR Design Innovations’ Patent Case
  46. Update on Patent “Aggregation” Suit Against Fortress  
  47. Patent-Eligible Subject Matter
  48. Patent-Ineligible Subject Matter
  49. 2020 IP Law Year in Review: Patents – Executive Summary
  50. Snapshot: intellectual property for fashion goods in Canada 
  51. 14 States Are Now Considering ‘Right to Repair’ Legislation
  52. Is there Magic in those Mushrooms? Protecting Psilocybin and Other Actives from Magic Mushrooms 
  53. IP Litigation 2020 Year in Review
  54. Antitrust Remedies in Highly Regulated Industries
  55. 27% Of Cable TV Subscribers Will Cut The Cord This Year
  56. How to Watch the Super Bowl in VR With Friends for Free
  57. Facebook Oversight Board decisions
  58. Apple, Its Control Over the iPhone, The Internet, And The Metaverse
  59. Apple’s updated App Store guidelines clarify positions on recent controversies
  60. Australians May Soon Face Life Without Google
  61. Microsoft backs Australian law forcing Google to pay for news links
  62. Continued Access to Service Not Sufficient to Bind User to New Terms of Service–Stover v. Experian (Eric Goldman)
  63. TripAdvisor Doesn’t Get Early Section 230 Dismissal–Putt v. TripAdvisor (Eric Goldman)
  64. No, Revoking Section 230 Would Not ‘Save Democracy’
  65. Removing Civil Rights Law From Section 230 Will Create Many New Problems, While Failing To Fix Existing Ones
  66. Columbia Law Professor Spews Blatantly False Information About Section 230 In The Wall Street Journal
  67. No Section 230 Has Nothing To Do With Horrific NY Times Story Of Online Stalker Getting Revenge For Decades’ Old Slight
  68. Content Moderation At Scale Is Impossible: Google Play Bans Video Player App Over ASS File Extension Support
  69. YouTube’s new “Clips” feature lets users share 60-second clips of videos
  70. YouTube Will Let Viewers Share Custom Short Videos Cut From Creators’ Uploads And Livestreams
  71. Teespring Goes Live With ‘Spring’ Rebrand, Has 450,000 Creators On The Platform
  72. Microsoft Patent: Chatbots Made From The Online Habits Of Dead People
  73. Patent Issues for Factory Automation Inventions in AI
  74. FTC’s allegations of misuse of facial recognition
  75. FTC Settles with Fertility-Tracking App Developer Regarding Health Data Disclosures
  76. States Gear Up to Limit Use of Biometrics and Biological Data
  77. Valve loses controller patent case, must pay $4m in damages
  78. Valve on the hook for $4 million over Steam Controller patent infringement
  79. Level Up: 33 Legal Tips for Game Developers and Publishers
  80. Amazon Can Make Just About Anything—Except a Good Video Game: The company produces successful movies, TV shows, e-readers and speakers, but gaming has proven difficult to crack.
  81. Report: Mismanagement plagues Amazon’s struggling push into video games
  82. Amazon is reportedly spending nearly $500 million a year on its video game division
  83. Activision bans 60,000 Call of Duty: Warzone cheaters
  84. Goldeneye 007’s lost Xbox 360 remaster has leaked—as a full-game speedrun
  85. Scalpers aren’t the main reason you can’t find a new console
  86. Activision Patent Seeks to Improve Esport Footage Sharing For Future Titles: A patent filed by Activision looks at ways to improve the esports experience with detailed data that could enhance the way broadcasts look.
  87. How to protect your intellectual property in the games industry
  88. Tabletop Simulator devs face criticism for Google Translate-sourced translations
  89. Piracy: Does it matter? – People will try to steal your game in huge numbers, says Butterscotch Shenanigans’ Adam Coster — treat it as a design constraint
  90. EA signs multi-year license extension with UEFA to continue FIFA collaboration
  91. Star Wars has made $3bn for EA
  92. EA has made $3 billion in net bookings from just Star Wars games
  93. EA Sports revives college football games, but without NCAA involvement
  94. EA is getting back into college football without NCAA, player licenses
  95. Animal Crossing: New Horizons sold over 31 million copies in nine months
  96. Super Nintendo World Recreated in Minecraft: A Minecraft player is currently building an authentic replica of the upcoming Super Nintendo World theme park, complete with its rides and shops.
  97. Modded Game Boy looks like an Apple product, works as Apple TV Remote
  98. 25 years later, Midway’s lost “MLB Jam” arcade game has been found
  99. AppOnboard nets $20 million to support ‘no-code’ mobile dev platform Buildbox
  100. Utility Patents – What Game Developers Should Know

Jon

News of the Week; January 27, 2021

INTELLECTUAL PROPERTY

  1.  Software-Generated “Infringement Report” Supports $262,931 in Remedies For Copyright Infringement
  2. Securing Copyright and Trademark Rights for Broadcasts and Promotions Related to NFL Championship Games and Super Bowl LV (55)
  3. Sony Music Entertainment v. Cox Communications (USDC, Virginia: January 12, 2021): Denies ISP’s post-trial motion to reduce $1 billion statutory damages award in copyright infringement action.
  4. The Tricky Issue of Joint Authorship in Copyright Works
  5. BMG, Aggressive Champion Of Copyright Enforcement, Accused Of Copyright Infringement By Jehovah’s Witnesses
  6. CASE-ing the Joint: The Copyright Alternative in Small-Claims Enforcement Act
  7. Turns Out That Brexit Means Rotting Pigs’ Heads, And Losing An EU Copyright Exception
  8. Finds Alleged Parody Fails on Copyright Fair Use Factors but Passes Rogers Test to Avoid Trademark Liability
  9. Sports data rights in 2021: the outlook
  10. Trademarks in 2020: Notable Canadian trademark cases and developments 
  11. Are Trademark Injunctions Continuing their Awakening from Hibernation?
  12. Top 5 trademark considerations every cleantech entrepreneur should know 
  13. Pearl Jam v Pearl Jamm
  14. Proud to Be an American, God Bless The USA, But Not Functioning as A Trademark 
  15. What’s Cookin’? No Likelihood of Confusion Between Two KITCHEN Marks 
  16. Tommy Hilfiger invalidates trademark piggybacking on its iconic flag logo 
  17. Brizzy v. Vizzy: Molson Coors Obtains Cheers-Worthy Trademark Ruling at Fifth Circuit 
  18. “Lettuce Turnip the Beet” Pun on T-Shirts Not Trademark Use, Ninth Circuit Affirms 
  19. Trademarks and Expressive Works 
  20. Stay A Lot More Than Six Feet From The NFL’s Trademarks! 2021 Update on Super Bowl Advertising and Promotions 
  21. Laches and Acquiescence in Trademark Proceedings
  22. More ‘failure to function’ refusals in 2020
  23. Generic.com Terms are Not Ineligible for Registration 
  24. Trademark Law Updates – Fees, Fraud and Injunction Presumptions
  25. January 2021 Trademark Update 
  26. US Trademark Amendment Act Will Provide New Procedures for Challenging Use Claims
  27. UDRP on Gameroom.com: Facebook keeps its domain name
  28. How does Brexit affect European Trademark Rights?
  29. Can I keep my .eu domain name?
  30. Who’s on the Line?: Protecting Your Trade Secrets on Zoom Calls
  31. Pepper Spray Manufacturer’s Successful Self-Defense Reinforces Best Practices for Design Patents
  32. Rothy’s v Giesswein – English Court leaves a lasting mark on EU Community design rights 
  33. Federal Court of Appeal Cautions Against Use of Foreign Prosecution History 
  34. Federal Court of Appeal affirms summary judgment in patent prosecutions: Court also upholds interpretation of file wrapper estoppel in precedent-setting case
  35. Federal Court continues trend of granting summary judgment in appropriate patent proceedings
  36. Federal Court upholds validity of two patents pertaining to ELIQUIS
  37. Non-practicing entity’s allegations of patent infringement against oil sands producer /operator dismissed
  38. Choueifaty patent application found to possess patentable subject-matter
  39. Federal Court finds silodosin formulation patent valid but not infringed
  40. Patent Appeal Board Allows Dosage Regimen Claims – No Physician Skill Needed
  41. PMPRB proposes to modify Guidelines definition of “gap medicine” to include medicines sold by July 1, 2021
  42. Patentee’s Success Story in a Hatch-Waxman Litigation Case
  43. A New Application of an Abstract Idea Is Still Abstract: Court Affirms Dismissal Under § 101
  44. Patentee Cannot Cure Lack of Written Description by Reference To Matter Present Only Foreign Priority Application
  45. Happiest Baby’s SNOO patent Rocks Baby Automatically
  46. Illuminating insufficiency: the English Patents Court examines “Regeneron ranges”
  47. Regeneron Recast – Mr Justice Birss provides illuminating insight into the law of sufficiency
  48. UKIPO “Green Channel” – can the patent system encourage more innovation in green technologies?
  49. Cannabis: Patents in Europe
  50. Senate Passed New Legislation to Punish Foreign Individuals and Corporations for IP Theft
  51. Biden administration promises hard stance against Chinese IP abuses  
  52. Intellectual Property Issues for Foreign Enterprises Acquiring Chinese Companies
  53. Critical and curious terms from the world of Intellectual Property
  54. Top Enforcement Issues to watch in 2021
  55. Report calls for powerful new federal body to regulate social media 
  56. YouTube Suspends Donald Trump Indefinitely, Demonetizes Rudy Giuliani
  57. This site posted every face from Parler’s Capitol Hill insurrection videos
  58. Insights: The Donald’s Digital Death Penalty—Deplatforming, Politics, And The Future Of Social Media
  59. California Appeals Court Says Section 230 Immunizes Twitter From Banned User’s Lawsuit
  60. Dozens Of Human Rights Group Tell Congress: Do Not Gut Section 230 On Our Behalf; It’ll Do More Harm Than Good
  61. Twitter is opening up its full tweet archive to academic researchers for free
  62. Have Social Media Companies Become Too Powerful?
  63. Planning to Sue Twitter Over an Account Suspension? YOU WILL LOSE–Murphy v. Twitter (Eric Goldman)
  64. EFF Tells Louisiana Court Satire Is Still Protected Speech Even If The Government Doesn’t Get The Joke
  65. Unfiltered: How YouTube’s Content ID Discourages Fair Use and Dictates What We See Online (EFF)
  66. Big Tech worldwide nerulation: not if, but how
  67. Google agrees to pay French news sites to send them traffic
  68. Google: We’ll shut down Australian search before we pay news sites for links
  69. Google Threatens To Pull Out Of Australia Entirely; Australians Demand That It Both Stay And Pay News Orgs For Giving Them Traffic
  70. Google takes Tilt Brush open source as official development comes to an end
  71. Why Red Hat killed CentOS—a CentOS board member speaks
  72. Antitrust and the Tech Industry
  73. House Republicans Have A Big Tech Plan… That Is Both Unconstitutional And Ridiculous
  74. How Can Conservatives Fight Back Against Big Tech? For A Start, Just Be Sane Again.
  75. FOSTA Survives Constitutional Challenge–US v. Martono (Eric Goldman)
  76. Comments on the “Protecting Constitutional Rights from Online Platform Censorship Act” (Eric Goldman)
  77. Content Moderation Case Study: Facebook Targets Misinformation Spread By The Philippines Government (2020)
  78. Content Moderation Case Study: Social Media Upstart Parler Struggles To Moderate Pornography (2020)
  79. Mirroring Qualifies for Section 230–Monsarrat v. Newman (Eric Goldman)
  80. The Number Of Channels Monetizing Via YouTube’s Partner Program Doubled In 2020, CEO Says
  81. TikTok Helps Push 17-Year-Old Olivia Rodrigo’s “Drivers License” To No. 1 Billboard Debut
  82. Valve’s Gabe Newell imagines “editing” personalities with future headsets: “Remember when Bob got hacked by Russian malware [and] ran naked through forests?”
  83. Research and analysis – Algorithms: How they can reduce competition and harm consumers (Competition & Markets Authority, U.K.)
  84. A short primer on patenting AI and machine learning inventions at the European Patent Office
  85. New Yorkers Receive Postmortem Rights and Protection Against Digitization of Sexually Manipulated Content in New Right of Publicity Statute
  86. Québec law firm files latest Nintendo Switch Joy-Con drift lawsuit: Lambert Avocat seeking compensation for all Québec consumers who bought Switch controllers since August 2017
  87. European Commission called to investigate into Joy-Con drift
  88. BEUC calls for Joy-Con Drift investigation after receiving 25,000 complaints
  89. Valve on trial for allegedly infringing controller patents: The Steam Controller is accused of being based on a patent belonging to SCUF
  90. US Court dismisses Wargaming lawsuit against former employees
  91. Jagex disputes Plutos Sama’s claims of ownership: RuneScape dev calls RICO lawsuit against former owner “meritless,” says it was fully acquired by Carlyle Group
  92. Epic’s Fortnite v Apple dispute arrives in the UK
  93. The Pokémon Company takes measures against Sword and Shield hackers
  94. The Pokemon Company is clamping down on Sword, Shield, and Home hackers
  95. Rovio quietly shutters game streaming service Hatch
  96. Games projects raised $23m on Kickstarter in 2020

Jon

News of the Week; September 20, 2021

INTELLECTUAL PROPERTY

  1. Foreign Certificate of Registrations of Copyright may not suffice to prove ownership of copyright in Canada
  2. How one musician took on the world’s biggest TV network over copyright—and won
  3. Ninth Circuit Panel Adopts “Asserted Truths” Doctrine in Holding Jersey Boys Musical Does Not Infringe Copyright 
  4. INSTA-FRAUD Instagram ‘Copyright Infringement’
  5. Martin v Kogan: High Court re-writes script as Kogan succeeds in copyright co-authorship retrial
  6. Why Software Developers Should Provide Licensees With Software Escrow Services 
  7. Getting Your Website Ready for the New Library of Congress Copyright Claims Board
  8. A Short Summary of the CASE Act (Tyler Ochoa) 
  9. Mixed reactions as copyright owners ring in 2021 with CASE Act
  10. In CASE You Missed It: Significant New Dispute-Resolution Process for Copyright Claims 
  11. New Stimulus Bill Creates Small Claims Copyright Court 
  12. Pepe the Frog 
  13. Knobbe Practice Webinar Series – Protecting User Interface Technologies
  14. Celebrated graffiti artist Futura sues The North Face for its FUTURELIGHT apparel line alleging copyright and trademark infringement 
  15. A COVID-19 fast-track for Canadian trademark applications 
  16. Canadian Trademark Law: 2020 Year in review 
  17. Year in Review – Key Trademark Cases from 2020
  18. The Case of the ‘Missing S’
  19. A not so EASY task after all – UKIPO finds EASY mark devoid of distinctive character 
  20. SCOTUS Refuses To Hear Case Between Jack Daniels And VIP Products Over Doggy Chew Toy
  21. Are Commercial Parody Dog Toys Subject to the Heightened Rogers Test, and Do They Qualify As Non-Commercial Works under the Trademark Dilution Revision Act? 
  22. Everything Old is New Again: Presumption of Irreparable Harm Restored to Third Circuit Trademark Cases Seeking Injunctive Relief 
  23. TTAB KO’s Mayweather PAST PRESENT FUTURE Trademark Application
  24. Trademark Modernization Act Becomes Law: Establishes Procedures to Remove Deadwood Registrations, Restores Presumption of Irreparable Harm, and Protects the Independence of the Trademark Trial and Appeal Board
  25. Trade Mark Filings increase worldwide in 2019 
  26. A Trademark is Not a Copyright or a Patent 
  27. Manufacturers Must Not be Blind to Their Rights Against Counterfeiters
  28. Shoe design found valid and infringed in the UK Court’s last Community registered design case
  29. Case Study | Breach of Confidence by employees 
  30. Litigation finance helps companies keep their cool during trade secrets disputes 
  31. How Not to Build a Case of Trade Secret Misappropriation 
  32. Federal Court invalidates Janssen ZYTIGA® Patent
  33. Federal Court decision regarding glatiramer acetate finds one patent obvious and another valid and infringed
  34. PM(NOC) Invalidity Grounds May Extend Beyond NOA
  35. Federal Court continues recent trend of granting summary judgment in appropriate patent proceedings
  36. The new rules of Canadian patent litigation: Federal Court of Appeal affirms the viability of summary judgments in patent actions, upholds interpretation of file wrapper estoppel
  37. Recent Amendments to the Patented Medicines Regulations Declared Unconstitutional by Québec Superior Court
  38. Have any Patents Issued under the USPTO’s COVID-19 Prioritized Patent Examination Program?
  39. Patenting the 3D Bioprinting Innovations that Combat COVID-19
  40. Revenge of the Grammer Nerds: Grammatical Canons Overturn $8.6 Million Jury Infringement Verdict 
  41. No Reasonable Expectation of Success, No Obviousness 
  42. The China Pivot: Closing the “Back Door” to Trade Secret and IP Theft
  43. Rapid Rise in Blockchain Patent Filings in China
  44. Everyday IP – Brushing up: When were toothbrushes invented?
  45. UK-EU Trade Agreement and IP Rights
  46. Proposed University Technology Licensing Program Gets Nod from Justice Department
  47. Making the best of a bad year: Winning IP cases in 2020
  48. World Intellectual Property Indicators Report 2020
  49. 2020 Engineering & Technology Year in Review
  50. Importance of Protecting Intellectual Property in the Digital Age 
  51. 10 things every new IP counsel should do
  52. English Premier League wins latest round in battle over satellite decoder cards
  53. YouTube Extends Trump Ban For Another Week, Citing Concerns About “Ongoing Potential For Violence”
  54. YouTube Removes Onision From Partner Program, Demonetizes His Channels Over Child Safety Concerns
  55. Inside Twitter’s Decision to Cut Off Trump
  56. I’m a First Amendment scholar – and I think Big Tech should be left alone
  57. Trump pardons engineer who copped to stealing a Google secret for Uber: Peter Thiel, Palmer Luckey, and others asked Trump to pardon Levandowski.
  58. Chinese Ad for Make-Up Wipes Pulled Over Charges of Sexism and Victim-Blaming
  59. Applying Uber v. Heller – Ontario Superior Court of Justice applies unconscionability doctrine to standard form arbitration clause
  60. Jonathan Zittrain on the Great Deplatforming
  61. 2021 Is the Year the Internet Gets Rewritten: As Silicon Valley flails to combat an insurrection at home, Europe is marching ahead with a plan to revise the web’s basic rulebook.
  62. “Big Tech” under pressure – new Rules for Digital Platforms in the EU and UK
  63. UK government sets out final approach to regulating online harms
  64. Should my Will refer to Digital Assets
  65. Former FCC Boss Tom Wheeler Continues To Misunderstand And Misrepresent Section 230 And The Challenges Of Content Moderation
  66. Understanding the Controversy over Section 230
  67. Content Moderation Case Study: Dealing With Demands From Foreign Governments (January 2016)
  68. Content Moderation Case Study: Using Hashes And Scanning To Stop Cloud Storage From Being Used For Infringement (2014)
  69. The New Age of Content Moderation(?)
  70. Free Access To Academic Papers For Everyone In India: Government Proposes ‘One Nation, One Subscription’ Approach As Part Of Major Shift To Openness
  71. Netflix Soars Past 200 Million Subscribers, Clocked $25 Billion In Revenues Last Year
  72. Apple Looking To Monetize Podcasting Platform Via Subscription Service (Report)
  73. YouTube Adds Safety Feature Targeting Comments With External Links
  74. Zeros and Ones in 2021: Next Moves in the Digital Tax Debate
  75. Emoji Law Year-in-Review for 2020 (Eric Goldman)
  76. FDA Issues Artificial Intelligence/Machine Learning Action Plan
  77. Five highlights from FDA’s new AI device regulation Action Plan
  78. House of Lords liaison committee report on AI published
  79. “AI in the UK: No room for complacency” and no room for a separate AI regulation
  80. The AI Council calls for a National AI Strategy: building public trust
  81. Defunct Photo App Agrees to Erase Biometric Data in FTC Settlement
  82. FTC Settles Allegations of Deceptive Practices by Photo Storage App Provider
  83. FTC Takes Aim at Facial Recognition Claims in Latest Deception Settlement
  84. CD Projekt faces a second class-action lawsuit over Cyberpunk 2077
  85. CD Projekt Red exec disputes Cyberpunk 2077 demo were “almost entirely fake”
  86. CD Projekt vows ‘vigorous’ defense as investors launch second Cyberpunk class action
  87. Inside Cyberpunk 2077’s Disastrous Rollout
  88. Epic Games takes legal action against Apple and Google in UK
  89. Epic submits claims against Google and Apple to UK Competition Appeal Tribunal
  90. European Commission fines Valve, others $9.4 million for ‘geo-blocking’ games
  91. EU fines Valve and five publishers €7.8m for geo-blocking practices
  92. FTC Cracks Down on Mobile Gaming Middlemen Offering In-Game Rewards and Offers
  93. FTC reaches settlement over misleading mobile advertisements for in-game rewards, and warns of growing scrutiny towards today’s gaming gatekeepers
  94. FTC Pursues Advertising Network that Failed to Deliver In-Game Rewards in Exchange for Payment or Personal Information
  95. Planning a Super Bowl-themed Marketing Campaign? 5 Tips for Staying In Bounds
  96. Nintendo blocks videos by Game & Watch hacker
  97. Nintendo uses copyright claims to take down Game & Watch hacking videos
  98. Nintendo Hates You: Gaming Giant Lobs A DMCA Nuke At Hundreds Of Fan Games
  99. Studios and designers: Are you sure that you own the intellectual property rights to your video games?
  100. GAME details efforts to prevent PS5 scalpers
  101. Epic Games Store exclusivity muddles Hitman 3’s legacy DLC promise on PC
  102. IO Interactive assures Hitman 3 players will not have to repurchase previous entries
  103. Middle-earth: Shadow of Mordor has lost its online features, including Vendetta missions
  104. InvestGame: 2020 game deals hit value of $33.6 billion across 664 transactions
  105. 2020 sees record US games spending at $56.9bn | US Annual Report
  106. Indiana Jones and the Raiders of the Blockbuster IP
  107. PC fan port of early Sonic games lets you zoom the camera way, way out
  108. Don’t Miss: Building a ‘homebrew’ video game console

Jon

News of the Week; January 13, 2021

INTELLECTUAL PROPERTY

  1. Eleventh Circuit Says Netflix Series Does Not Infringe Copyrighted Memoir
  2. Ninth Circuit Holds Dr. Seuss-Star Trek Mashup an Infringement, Not a Parody
  3. This Mashup Is Not a Place You’ll Go – Seuss Copyright Will ‘Live Long and Prosper’
  4. Copyright Troll Richard Liebowitz Helps Protect Free Speech & Fair Use By Losing Yet Another Case
  5. Dickinson v. Ryan Seacrest Enterprises, Inc. (USCA, Ninth Circuit, Dec. 21, 2020): Dismissal of claims by Janice Dickinson over allegedly false portrayal of her in reality television series. 
  6. Copyright Royalty Board Announces SoundExchange Audits of Royalty Payments for Webcasters (Including Broadcast Simulcasts) and Other Digital Music Services
  7. Digital Collections: Reflections on copyright 
  8. Copyright Office Begins Review of Changes in Satellite Television Statutory License for Carriage of Local Television Stations
  9. Is 2021 the year for artists to sell their music catalogues? 
  10. Art law – Recent developments January 2021 
  11. Use My Likeness? Over My Dead Body! 
  12. Canadian Madrid Applications: Practice Note for Foreign Agents 
  13. Trademark litigation: a global guide 2021 – Canada 
  14. Louisville Courier-Journal Wins ‘Derby Pie’ Trademark Dispute
  15. USPTO v Booking.com: Whether a “.com” can transform a generic mark into a registrable trademark under the Lanham Act 
  16. The Trademark Modernization Act Establishes New Trademark Cancellation Procedures 
  17. United States: Key considerations in parallel criminal and civil trade secrets cases 
  18. Ten Trade Secret Resolutions to Keep for 2021 and Beyond 
  19. Court Rejects Attempt to “Stretch” Patent Claim Language 
  20. Watch What You Say! Prosecution History Estoppel in Canada 
  21. Election Ballot Verification – A Patent Subject Matter Eligibility Analysis 
  22. Patent Owner’s ex parte communications with members of Congress, the president, and PTAB APJs are sanctionable and the Board may craft its own reasonable sanctions 
  23. Patent protection in the time of COVID-19
  24. Why standard essential patents are now essential to you
  25. The Right to Repair in Massachusetts Rolls Forward 
  26. Not Patent Misuse to License U.S. Patents in Foreign Jurisdictions for “Administrative Convenience” 
  27. 10 Patent Prosecution, Litigation Practice Trends From 2020 
  28. What Was Old Is New Again In IP Litigation — Thanks To Suspected Russian State-Sponsored Hack
  29. What Were the Top Intellectual Property Stories in 2020? 
  30. Cloud computing: overview of IP issues
  31. The EU / UK Trade Agreement: Three myths busted – Intellectual property
  32. Ajit Pai offers mild criticism of Trump incitement, drops Section 230 plan
  33. In His Last Two Weeks, Ajit Pai Finally Finds A Backbone And Refuses To Move Forward With Trump’s Ridiculous 230 Attack
  34. Republican state lawmaker livestreamed himself in mob storming US Capitol
  35. Trump social media ban will feature in future antitrust hearings
  36. Facebook says it’s blocking posts with the phrase “stop the steal”
  37. More Plaintiffs (and Lawyers) Need To Be Reminded That YouTube Isn’t a State Actor–Divino v. Google (Eric Goldman)
  38. A New Year, a new approach to digital regulation: the DSA and Online Harms
  39. Quibi’s $1.75B experiment ends with Roku acquisition for “less than $100M”
  40. New proposals for regulation of online platforms in Europe
  41. Dear Section 230 Critics: When Senators Hawley And Cruz Are Your Biggest Allies, It’s Time To Rethink
  42. New Op-Ed: People Who Understand Section 230 Actually Love It (Eric Goldman)
  43. Section 230 Year-in-Review for 2020 (Eric Goldman)
  44. Content Moderation Case Study: SoundCloud Combats Piracy By Giving Universal Music The Power To Remove Uploads (2014)
  45. Content Moderation Case Study: Yelp Attempts To Tackle Racism On Its Platform (2020)
  46. The Slope Gets More Slippery As You Expect Content Moderation To Happen At The Infrastructure Layer
  47. Everything Pundits Are Getting Wrong About This Current Moment In Content Moderation
  48. YouTube Turns On Post-Roll Ads By Default On All 10-Minute, Monetizing Videos
  49. UKIPO patent guidance updated for DABUS judgment
  50. Landmark artificial intelligence legislation becomes law
  51. Eye on AI
  52. An interview with Covington & Burling discussing artificial intelligence in the United States
  53. Twitch removes popular emote after pro player’s support for Capitol Hill mob
  54. Twitch pulls Pogchamp emote over link to Capitol siege supporter
  55. Twitch removes PogChamp emote it says was “the face of… further violence”
  56. Riot and Bungie file lawsuit against Destiny 2 and Valorant cheat-maker 
  57. Riot Games and Bungie file joint lawsuit against cheatmakers
  58. Koei Tecmo says it will sue over bootleg Dead or Alive video
  59. Dangen Entertainment settles dispute with Protoculture Games
  60. Nintendo Appears To Be Using A Fan-Made Drawing Of Mario Without Artist’s Permission Or Credit
  61. EA’s hold over Star Wars games ends with Ubisoft’s open-world announcement
  62. Lucasfilm Games taps Ubisoft Massive to create new open-world Star Wars title
  63. Lucasfilm re-establishes Lucasfilm Games as home for all its gaming titles
  64. Star Wars games are now housed under a revived Lucasfilm Games brand
  65. Disney brings back the Lucasfilm Games brand for future Star Wars titles
  66. Bethesda lands Indiana Jones license
  67. Bethesda, Lucasfilm tease new Indiana Jones video game
  68. Lucasfilm and Ubisoft partner on Star Wars game
  69. Video games have replaced music as the most important aspect of youth culture

Jon

News of the Week; January 6, 2021

INTELLECTUAL PROPERTY

  1. The Copyright Board Begins 2021 with Less Transparency and More Potentially Dysfunctional Delays
  2. UK Music Rights Group Demands Payment From A Pub That Isn’t Playing Any Music Because It’s Closed Due To COVID
  3. U.S. Amends the Copyright Act to Establish Copyright Small Claims Tribunal 
  4. Why You Should Be Cautious of the New Copyright Small Claims Court
  5. Dr. Seuss Enterprises, L.P. v. ComicMix LLC (USCA, 9th, 12.18.20): Unauthorized Dr. Seuss & Star Trek mash-up “Oh, the Places You’ll Boldly Go!” was not fair use of copyrights because the book did not parody or critique
  6. A New CJEU Judgment on Copyright-Related Geoblocking – One Step Forward or One Step Back in the EU Commission’s Fight Against Geoblocking? (Eric Goldman)
  7. 1925 Was an Annus Mirabilis for Culture
  8. Ferrari‘s Testarossa passes the “Test of Genuine Use” before CJEU 
  9. Battle of the Bentleys: Bentley Motors loses trade mark appeal against Bentley Clothing
  10. USA: 25% Fee hike for Trademark Applications via Madrid Protocol 
  11. US Trademark Modernization Act Provides New Relief to Trademark Owners
  12. Trademark Modernization Act of 2020 – Use It or Lose It 
  13. What to Know About the Trademark Modernization Act of 2020
  14. 2H 2020 Quick Links, Part 3 (Trademarks) (Eric Goldman) 
  15. Battle of the ballet shoes: UK court finds infringement of registered community design
  16. Software and Business Method Patents – How to Improve Your Chances?
  17. Court Interprets Purported Contour Lines in Design Patent Drawings as Claimed Features 
  18. No Simulating Alice Requirements: Application of Abstract Ideas Alone Cannot Transform Patent Ineligible Subject Matter 
  19. Twelve Cannabis Plant Patents and Counting 
  20. Looking for a patent database? Need a little Inspire-ation?
  21. Patent Licensors Can Prevent Challenges to Patent Validity
  22. 2021 Intellectual Property Primer: Cases to Watch this Year 
  23. Pro-Trump reporter gloats over access to fleeing Hill staffer’s computer
  24. Court says Uber can’t hold users to terms they probably didn’t read
  25. Ticketmaster admits it hacked rival company before it went out of business
  26. Activist hedge fund advises Intel to outsource CPU manufacturing
  27. 60 Minutes Episode Is Pure Misleading Moral Panic About Section 230; Blames Unrelated Issues On It
  28. Parler, Desperate For Attention, Pretends It Doesn’t Need Section 230
  29. Content Moderation Case Study: Dealing With Controversial & Sexual Fan Fiction (May 2007)
  30. WhatsApp gives users an ultimatum: Share data with Facebook or stop using the app
  31. Google and Facebook Sued for Antitrust Violations in the U.S
  32. Too big not to fail? Google’s antitrust woes
  33. European Commission Unveils Sweeping Proposals to Regulate the Digital Sector
  34. Regulating the Internet, at Last? The Digital Markets Act and the Digital Services Act
  35. Use of fake identities found deceitful in commercial email — why not elsewhere on the Internet?
  36. Seven Years Ago, CERN Gave Open Access A Huge Boost; Now It’s Doing The Same For Open Data
  37. 2H 2020 Quick Links, Part 4 (FOSTA) (Eric Goldman)
  38. En Banc First Circuit Will Decide Whether Government Needs a Warrant to Put Pole Camera Outside Your Home
  39. The Sinking City returns to stores as legal dispute over publishing rights continues
  40. CD Projekt gearing up for ‘vigorous action’ against investor lawsuit
  41. Apple removes 39,000 games from the App Store in China
  42. Apple removes 39,000 games from China store in biggest single-day takedown
  43. Microsoft calls for Xbox drift lawsuit to be handled by arbitration
  44. Washington ALJ Rules Video Game Developer’s Attendance at Trade Show Created Substantial Nexus
  45. A closer look at Raw Fury’s publishing contract
  46. Minecraft Earth shutting down
  47. Minecraft Earth is going dark at the end of June
  48. Saving video gaming’s source code treasures before it’s too late
  49. The SpongeBob SquarePants effect: Why THQ Nordic is doubling down on licenses
  50. The SpongeBob SquarePants effect: Why THQ Nordic is doubling down on licenses
  51. Sony Pictures Developing 3 Movies, 7 TV Shows Based On PlayStation Games
  52. Tenet director Christopher Nolan is ‘definitely interested’ in adapting his films into games.

Jon

News of the Week; December 30, 2020

INTELLECTUAL PROPERTY

  1. Ninth Circuit Provides Holiday Win to Copyright Owners with Fair Use Decision
  2. Neoprene Tote Bags: Watertight Not Copyright
  3. Corellium notches partial victory in Apple iOS copyright case 
  4. The Man With The Tiger Tattoo Prances Forward*
  5. Copyright Claims Board To Be Established; Criminal Streaming Law 
  6. Substantial similarity in copyright: It matters where you sue
  7. EUIPO report on online copyright infringement of film, TV and music – so what’s popular?
  8. 2H 2020 Quick Links, Part 1 (Copyright) (Eric Goldman)
  9. US Trademark and Copyright Reforms Accompany COVID-19 Relief 
  10. A brand story: Santa and Coca-Cola 
  11. Girl Scouts Continuing To Fight Boy Scouts Of America Over Trademarks, Branding 
  12. Congress Passes the Trademark Modernization Act
  13. Avoid New Trademark Email Scams
  14. Brexit – Are you prepared? Pending UK Trade Mark proceedings: 3 key points to remember 
  15. UDRP: hydroquébec.com 
  16. Design disputes: combatting copycats with a collection of IP rights – Freddy SPA v Hugz Clothing Ltd 
  17. Snapshot: procedure for design registration in USA
  18. Quebec Court finds price and revenue calculation provisions of amended PMPRB Regulations unconstitutional 
  19. Federal Circuit Finds Video Signal Conversion Claims Patent Ineligible 
  20. Senators Tell The USPTO To Remove The Arbitrary Obstacles Preventing Inventors (Especially Women Inventors) From Getting Patents 
  21. Why Everyone Is Patenting Software Inventions 
  22. Inventions behind the music: From Eddie Van Halen to Michael Jackson and beyond 
  23. Towards a Better Patent System for Europe: The Unified Patent Court (UPC)
  24. Chinese Court Rules that It Can Set Patent License Terms outside China 
  25. The Wuhan Submarine surfaces at Christmas, to be met by a Texan TRO
  26. Lewis Hamilton’s IP struggles highlight some important issues
  27. Cloud computing: A brief overview of intellectual property issues “in the cloud” 
  28. Ninth Circuit Says Amazon Isn’t “Seller” of Marketplace Items–State Farm v. Amazon (Eric Goldman)
  29. Amazon still hasn’t fixed its problem with bait-and-switch reviews
  30. European Union Rules: Facebook Hopes Limits on Apple, Too
  31. Facebook Isn’t a Constructive Public Trust–Cameron Atkinson v. Facebook (Eric Goldman)
  32. Ushering in a new age of accountability for big tech- UK government response to Online Harms White Paper consultation
  33. EU turns the screw on Big Tech: The Digital Services Act Package
  34. Revamp image rights to fight deepfakes (Andres Guadamuz)
  35. When You Can’t Innovate, You Litigate: Oracle Gleefully Takes Credit For Attacks On Section 230 And Google
  36. House overrides Trump veto, defying demand to repeal Section 230
  37. McConnell introduces bill tying $2K stimulus checks to Section 230 repeal
  38. Mitch McConnell Using Section 230 Repeal As A Poison Pill To Avoid $2k Stimulus Checks
  39. Coalition Of Internet Companies Who Are Decidedly Not ‘Big Tech’ Raise Their Voices About The Importance Of Section 230
  40. Who’s responsible for content posted on the Internet? Section 230, explained
  41. Section 230 Isn’t A Subsidy; It’s A Rule Of Civil Procedure
  42. 2H 2020 Quick Links, Part 2 (Section 230) (Eric Goldman)
  43. Content Moderation Case Study: Profanity Filter Causes Problems At Paleontology Conference (October 2020)
  44. Content Moderation Case Study: Understanding Cultural Context To Detect Satire (2020)
  45. Elsevier Wants To Stop Indian Medics, Students And Academics Accessing Knowledge The Only Way Most Of Them Can Afford: Via Sci-Hub And Libgen
  46. TikTokers’ Collaborative ‘Ratatouille’ Musical To Star Wayne Brady, Tituss Burgess, Adam Lambert
  47. Apple reportedly warns devs of more app takedowns in Chinese App Store
  48. What makes for a good game publishing contract?
  49. Parents Who Gift Quest 2 to Kids Under 13 Years Old are in for an Unfortunate Surprise

Jon

News of the Week; December 23, 2020

INTELLECTUAL PROPERTY

  1. Fair Use Permits Newspaper to Republish Photo Taken By Drone–Castle v. Kingsport Publishing (Eric Goldman)
  2. Dr. Seuss/Star Trek Mash-Up Not Fair Use, Ninth Circuit Rules
  3. The Mystery Of The Copyright On Sherlock Holmes’ Emotions Goes Unsolved Due To Settlement 
  4. The Copyright Office Will Not Weigh in on Philadelphia Phillies’ Copyright Dispute
  5. US COVID-19 relief bill would punish streaming of copyrighted content
  6. Congress (Once Again) Sells Out To Hollywood: Sneaks CASE Act And Felony Streaming Bill Into Government Funding Omnibus
  7. Senator Tillis Releases Massive Unconstitutional Plan To Reshape The Internet In Hollywood’s Image
  8. Congress creates new copyright court that could make trolling easier
  9. States can invoke sovereign immunity against claims of copyright infringement 
  10. To Die For – New York Recognizes Publicity Rights of Deceased Performers. 
  11. ‘Imagine’ This: John Lennon Would Have Received Post-Mortem Right to Publicity in New York
  12. Jackson v. Netflix, Inc. (California Central District, December 9, 2020): Dismissal of trademark & copyright claims. “Tiger King” marks in popular Tiger King series is protected by First Amendment.
  13. Fifth Circuit Says No Preliminary Injunction in Boozy Beverage Trademark Fight
  14. Cerverceria Modelo SA de CV v Marcon.
  15. Lemonade Beats Deutsche Telekom In French Court Over Use Of The Color Magenta
  16. The Court of Appeal Adds a Few More Shades to Canada’s Grey Market
  17. Brand protection: A comparison of U.S. and Canadian trademark systems 
  18. New Year, New Trademark Fees 
  19. US trade mark costs rise and Madrid Protocol grows
  20. Domain Name Lawsuits Are Stupid (and the Initial Interest Confusion Doctrine Is Too)–Wooster Floral v. Green Thumb (Eric Goldman)
  21. A Tale of Two Cookies: Third Circuit Dunks Cookie Stick Trade Dress Claims
  22. 4 Mass. Trade Secret Litigation Tips From Facebook Ruling
  23. Court Battle Between India’s SaaS Industry Leaders Being Fought in California 
  24. What to expect from Canada’s new examination guidelines for patentable subject matter – interview 
  25. Secret prior art: a trap for the unwary?
  26. US Courts Can Compel Parties to Transfer Ownership of Foreign Patents
  27. BILL C-10: An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
  28. The Broadcasting Act Blunder, Day 19: The Misleading Comparison to the European Union (Michael Geist)
  29. The Broadcasting Act Blunder, Day 20: The Case Against Bill C-10 (Michael Geist)
  30. We Had To Pass A Law To Stop Telecom Monopolies From Charging You ‘Rental Fees’ For Things You Already Own 
  31. FCC Commissioner Brendan Carr Again Misrepresents The Debate Over Section 230 
  32. AT&T Pisses Off Everybody (Especially Christopher Nolan) For Launching Movies Straight To Streaming
  33. EU Publishes Proposal For Digital Services Act
  34. Google committed “antitrust evils,” colluded with Facebook, new lawsuit says
  35. Embarrassing: New Antitrust Suit Against Google Confuses WhatsApp Encrypted Backup Option With Giving Google A Backdoor
  36. Another Day, Another Antitrust Lawsuit For Google:
  37. Czech Search Engine Seznam Joins In the ‘Let’s Sue Google’ Fun, Seeks $417 Million in Damages
  38. Google, Facebook reportedly agreed to work together to fight antitrust probes
  39. CDT Lacks Standing to Challenge Trump’s Anti-230 Executive Order (Eric Goldman)
  40. Americans For Prosperity Sue Commerce Department To Find Out Who Was Influencing NTIA’s Attack On Section 230
  41. Trump vetoes $740B defense bill, citing “failure to terminate” Section 230
  42. Apparently Trump Refuses To Allow The Government To Do Anything At All Until The Open Internet Is Destroyed
  43. Once Again, Section 230’s Authors Feel The Need To Tell Everyone That Section 230 Is Not The Evil You Think It Is
  44. Content Moderation Case Studies: Copyright Claims On White Noise (2018)
  45. Content Moderation Case Study: Using Copyright To Take Down A Transformative Criticism Video (2019)
  46. Art, Technology and the Law: Capture by Paolo Cirio
  47. Copyright and Privacy Legal Issues Resulting from the Rising Popularity of Artificial Intelligence Use
  48. Where Things Stand: Update on the Digital Charter Implementation Act, 2020
  49. A New Antitrust Class Action Threat: Anticompetitive Invasion of Privacy
  50. Cyber litigation will be the new battleground in 2021
  51. Games Are Now Making More Than Movies And Sports Combined: Gaming sales are up to almost $180 billion per year.
  52. Gearbox reaches settlement with Bobby Prince over Duke Nukem music
  53. Jury Will Decide If Videogame Character Infringes a Wrestling Persona–GI Bro v. Call of Duty (Eric Goldman)
  54. Raw Fury publicly shares publishing agreement
  55. Read Raw Fury’s publishing terms (without signing your soul away first)
  56. IP licensing for games: How to profit from brand injections
  57. Rebecca Zamolo Launches $8 Video Subscription Service Inside Of Her Mobile Game

J0n

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

News of the Week; December 9, 2020

INTELLECTUAL PROPERTY

  1. Linking and Copyright Law in the European Union – Where do we go from here?
  2. Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. United Sports (Eric Goldman)
  3. 576 German Artists Want EU Copyright Directive Made Worse, With No Exceptions For Memes Or Mashups
  4. Nancy Pelosi Sells Out The Public: Agrees To Put Massive Copyright Reform In ‘Must Pass’ Spending Bill
  5. ACLU Tells Congress: Do Not Add Copyright Trolling Bill To Government Funding Bill
  6. Legendary MC5 Guitarist Wayne Kramer Doesn’t Like the Smell of Proctor & Gamble’s “Guitar Solo” Body Wash 
  7. Taking down copycat websites and defending against cybersquatting
  8. GSK v Teva – The Federal Circuit’s First Look at Skinny Labels and 35 U.S.C. 271(b)
  9. Deus ex Machina Motorcycles Pty. Ltd. v. Metro-Goldwyn-Mayer Inc. (Cal., 10.23.20): Dismissal of trademark claims of Australian motorcycle brand against MGM for use of mark in The Sun Is Also a Star.
  10. The Bentley Clothing and Bentley Motors trade mark dispute: Take 2
  11. Can a Company Own ‘Enby’? Sex Toy Company Sues Black/Trans-Owned Company for Trademark Infringement 
  12. “Too many cooks… ‘Fit Kitchen’ trade mark infringed”
  13. “Naked” at the Federal Circuit 
  14. General Liability Insurer Must Defend Trademark and Other IP Claims 
  15. Tips When Using the Madrid Protocol to Register a Trademark in Canada
  16. Global brand expansion: Why Canadian trademark owners should consider whether international registration is right for them
  17. First Circuit Reversal Highlights Importance of Satisfying Trade Secret Definition
  18. Protecting trade secrets in the era of remote working 
  19. Patent Term Extension in Canada: an Overview of Certificates of Supplemental Protection
  20. 2020: A year of clarity for Canadian life sciences and software patents
  21. Canadian Intellectual Property Office issues new guidelines for reviewing patent applications
  22. Federal Court of Appeal clarifies standard for granting leave in NOC cases
  23. Employment Law and Patent Law Collide: Federal Circuit Rules that California’s Non-Compete Restrictions Also Limit the Scope of Patent and Invention Assignment Clauses
  24. Patent-Eligible Subject Matter in Biotech Should Recite More Than a “Telescope”
  25. Deciding Whether Your Software Is Patentable
  26. The UK Retains the Doctrine of Exhaustion of IP Rights After the Transition Period
  27. IP Litigation Quarterly Update: Q3 2020
  28. The Broadcasting Act Blunder, Day 11: The “Regulate Everything” Approach – Licence or Registration Required (Michael Geist)
  29. The Broadcasting Act Blunder, Day 12: The “Regulate Everything” Approach – The CRTC Conditions (Michael Geist)
  30. The Broadcasting Act Blunder, Day 13: The “Regulate Everything” Approach – Targeting Individual Services (Michael Geist)
  31. The Broadcasting Act Blunder, Day 14: The Risk to Canadian Ownership of Intellectual Property (Michael Geist)
  32. Benton Study Again Shows How ‘Open Access’ Broadband Networks Can Drive Competition, Improve Service
  33. The FTC, 48 Attorneys General File Antitrust Lawsuits Against Facebook
  34. FTC, 47 states file suits to break up Instagram and WhatsApp from Facebook
  35. Feds say Facebook broke US law offering permanent jobs to H-1B workers
  36. Open Season: FTC & 48 Attorneys General File Separate Antitrust Lawsuits Against Facebook
  37. The tech industry needs regulation for its systemically important companies
  38. Senator Tillis Is Mad That Twitter Won’t Testify About Copyright Infringement; Since When Is Twitter A Piracy Problem?
  39. Dead Celebrities and Digital Doppelgangers: New York Expands Its Right of Publicity Statute and Tackles Sexually Explicit Deepfakes
  40. It’s Meshugenah to Operate a Streaming Mixtape Site–Atlantic v. Spinrilla (Eric Goldman)
  41. Section 230 Protects Amazon from Manufacturer’s Ad Copy–Brodie v. Amazon (Eric Goldman)
  42. CRM Software Vendor Didn’t Qualify for Section 230–Tan v. Konnektive (Eric Goldman)
  43. Biden’s Top Tech Advisor Trots Out Dangerous Ideas For ‘Reforming’ Section 230
  44. Reform The DMCA? OK, But Only If It’s Done Really, Really Carefully
  45. 2021 predictions: increased regulation of online platforms
  46. Amazon Sues Social Media Influencers for Promoting Counterfeit Goods
  47. Amazon and U.S. IPR Center announce “Operation Fulfilled Action”
  48. AT&T, HBO Put Another Bullet In Antiquated Theatrical Release Windows
  49. Warner Bros. will release entire 2021 film slate in theaters and on HBO Max
  50. Georgia Court Streams Ridiculous ‘Kraken’ Lawsuit Hearing On YouTube; Then Tells People They Can’t Repost Recordings
  51. Federal Court System Pushes Back Against Free Access To Court Documents
  52. Apple’s Failure To Ensure Backwards Compatibility In Big Sur Leaves Developers Quite Sour
  53. Is Canada on the Brink of AI and Diagnostics Patent Rush?
  54. Use of patents in artificial intelligence: What does the new CIPO report say?
  55. Intellectual property rights to AI works: The EP proposal
  56. Artificial Intelligence and Creativity: Why We’re Against Copyright Protection for AI-Generated Output (Creative Commons)
  57. Settlement with App Developers Requires Limits on Collection and Use of Children’s Personal Information
  58. Bale and Ibrahimovic’s responses to FIFA 21 echoes the complications of sports person’s image rights
  59. Newsflash: Update on Epic Games’ dispute with Apple
  60. Facebook launches Black Gaming Creator Program
  61. Manticore bolsters Core platform with ‘creator-friendly’ Perks monetization
  62. Manticore announces a 50% revenue share for users of its Core game creation platform
  63. Facebook Launches ‘Black Gaming Creator Program’ With Monthly Pay, Other Perks
  64. More Than 350 Gaming Creators Hit 10 Million Subscribers In 2020, YouTube Says

Jon

News of the Week; December 2, 2020

INTELLECTUAL PROPERTY

  1.  Nicki Minaj Safeguards the Right for Artists to Experiment with Unlicensed Work
  2. Skateboard Graphic Artist Sues Jack Black, Tony Hawk, and The Berrics for Copyright Infringement of Skateboard Graphic Design
  3. PewDiePie’s “My Heart Will Go On”: A Case Study in the DMCA and YouTube’s Copyright Dispute Process (Part I)
  4. Peace does not get a chance
  5. Supermodel Sues for Alleged Unauthorized Use of Her Likeness 
  6. The EU Commission better get its skates on when it comes to copyright
  7. World’s Worst Copyright Troll, Richard Liebowitz, Suspended From Practicing Law
  8. ‘Tis The Season: Congress Looks To Sneak In Unconstitutional Copyright Reform Bill Into ‘Must Pass’ Spending Bill
  9. Circumventing technological protection measures and website blocking orders: An EU perspective
  10. Ferrari Wins Legal Case Against Designer Philipp Plein’s Use Of Its Supercars, But He Says It’s Not Over
  11. Philipp Plein Loses Court Battle Against Ferrari Over Illegal Use of Its Brand
  12. How the Freddy copycat fashion case opens up new options for designers
  13. Nevermind: Who Really Owns Nirvana’s Iconic Smiley Face Design? 
  14. From football stadiums to railway stations…covering the bigger picture with registered designs
  15. When Trademarks Get Messi: Likelihood of Confusion and Leo Messi’s Big European Trademark Win 
  16. Deus ex Machina Motorcycles Pty. Ltd. v. Metro-Goldwyn-Mayer Inc.
  17. AMERICAN EAGLE found to infringe EAGLE RARE trade mark in the UK
  18. EUIPO: What’s in the name…………… Hamilton!
  19. A Butler cannot be Royal!
  20. Minimalist trademarks: trend to follow or end of the road for uniqueness?
  21. The Burberry case: influencers, rappers and VIPs, watch out for improper use and associations to reputed brands
  22. A guide to trade mark revocation for legacy brands
  23. Snap Removal in Trade Secret Cases
  24. Risks and rewards of trade secrets in Europe
  25. Patenting antibody-based biologics in Canada
  26. Federal Circuit Confirms That “Magnetic Fuzz” Is Too Fuzzy for a Patent Claim 
  27. Working from home — does it affect patent ownership for employee inventions?
  28. It’s a Date – Twitter Reply Proves Prior Art Publication Date 
  29. Effectively using experts in IP litigation part two: practice 
  30. (S)he´s making a list, (S)he´s checking it twice: An IP due diligence checklist for the holidays – or any time 
  31. The Broadcasting Act Blunder, Day Six: The Beginning of the End of Canadian Broadcast Ownership and Control Requirements (Michael Geist)
  32. The Broadcasting Act Blunder, Day Seven: Beware Bill C-10’s Unintended Consequences (Michael Geist)
  33. The Broadcasting Act Blunder, Day 8: The Unnecessary Discoverability Requirements (Michael Geist)
  34. The Broadcasting Act Blunder, Day 9: Why Use Cross-Subsidies When the Government is Rolling Out Tech Tax Policies? (Michael Geist)
  35. The Broadcasting Act Blunder, Day 10: Downgrading the Role of Canadians in their Own Programming (Michael Geist)
  36. In the Conversion to NextGen TV, Who is Responsible for the Content of the Simulcast Streams?
  37. Increased Web Page Accessibility Requirements for Private and Non-Profit Organizations in Ontario Come into Effect in 2021 and AODA Accessibility Report Due Date Extended
  38. Just As #DiaperDon Starts Trending, Trump Claims That Twitter Uses ‘Fake’ Trends, Calls For ‘Termination’ Of Section 230
  39. Trump Promises To Defund The Entire Military, If Congress Won’t Let Him Punish The Internet For Being Mean To Him
  40. Trump to Congress: Repeal Section 230 or I’ll veto military funding
  41. White House Still Pushing To Slip Section 230 Repeal Into ‘Must Pass’ Military Spending Bill
  42. Congress Decides To Ignore Trump’s Ridiculous Veto Threat If Military Authorization Doesn’t Wipe Out Section 230
  43. New Ebook on Zeran v. AOL, the Most Important Section 230 Case (Eric Goldman)
  44. Cases against Facebook are reportedly coming… when FTC decides how
  45. The Material Conditions of Platforms: Monopolization Through Decentralization
  46. Content Moderation Case Study: Reclaiming A Hashtag (2020)
  47. As a Service | Selling to consumers using a subscription model
  48. Platform Regulation Should Focus on Transparency, Not Content
  49. New Tech Regulation for the UK? Sounds familiEUr…
  50. New York Passes Wide-Ranging Automatic Renewal (Subscription Model) Law
  51. As organizations accelerate their digital transformation initiatives, they are increasingly embracing the power, affordability and versatility of open source software.
  52. Choose your movies and also their endings!
  53. A robot’s muse: when AI creates art
  54. AI inventors? Why should we care?
  55. French Gov’t Walks Back Proposal To Make Publishing Images Of Police Officers Illegal After Massive Protests Erupt Across The Nation
  56. Nicalis issues DMCA against free Cave Story games
  57. Supercell cancels Hay Day Pop
  58. Supercell shutting down Hay Day Pop after less than a year 
  59. Fortnite’s Nexus War event could expose Twitch streamers to DMCA problems
  60. Travis Scott reportedly grossed roughly $20m for Fortnite concert appearance
  61. Uri Geller retracts 20-year ban on Kadabra Pokémon trading cards
  62. CDPR will take down Cyberpunk 2077 streams & let’s plays aired before launch
  63. Video: Lessons from Sony Interactive Entertainment’s localization process

Jon

News of the Week; November 25, 2020

INTELLECTUAL PROPERTY

  1.  Using music in your business? Copyright fees proposed to increase
  2. Disney (Disney!) Accused Of Trying To Lawyer Its Way Out Of Paying Royalties To Alan Dean Foster
  3. Who Owns Vacation Photos of You? Probably Not You–Hubay v. Mendez (Eric Goldman)
  4. Hyperlinking: more control for copyright owners
  5. “Cultural misinterpretation” or designer’s freedom?
  6. Due diligence of copyright is key when purchasing a record label business
  7. Poland’s Bid To Get Upload Filters Taken Out Of The EU Copyright Directive Suddenly Looks Much More Hopeful
  8. Brexit and copyright: 6 key things to know
  9. Good News: Academics Can Make Their Articles Published In Top Journal Nature Freely Available As Open Access. Bad News: They Must Pay $11,000 For Each One 
  10. Bricks and mortar or is online in order? Federal Court of Appeal checks in to trademark use and hotel services
  11. UK High Court finds EAGLE RARE infringed by AMERICAN EAGLE
  12. Puma v Nike Footwear brands dispute FOOTWARE
  13. The Lord Chamberlain v Grant Harrold – British Queen blocks Royal Butler trade mark 
  14. Taiwanese Semiconductor Pleads Guilty, To Pay $60 Million Fine for Criminal Trade Secret Theft 
  15. Understanding compulsory licensing: a global overview 
  16. Recent Patent Developments in the Autonomous Vehicle Market 
  17. Common Patent Misconceptions – Myth #5 – Provisional Applications
  18. Printed Matter Is Patentable If It’s Functional, Not Just Communicative 
  19. Facebook Could See Antitrust Charges From Nearly 40 States Over Acquisitions Of Instagram, WhatsApp
  20. Advertisers Challenge Facebook’s Representations on Audience Targeting and Fraudulent Traffic
  21. Disappointing: Netflix Decides To Settle With Chooseco LLC Over ‘Bandersnatch’ Lawsuit
  22. White House Offers To Allow Renaming Confederate Bases… In Exchange For Getting Rid Of Section 230
  23. Content Moderation Case Study: Facebook Attracts International Attention When It Removes A Historic Vietnam War Photo Posted By The Editor-in-Chief Of Norway’s Biggest Newspaper (2016)
  24. Snapchat Giving $1 Million Per Day To “Top” Creators With New Short Video Platform ‘Spotlight’
  25. USPTO Releases Public Comments on AI
  26. Artificial Intelligence and Intellectual Property: Transatlantic Approaches
  27. Intellectual property strategies for data and artificial intelligence – ThinkHouse
  28. Attention, mall shoppers: your data is being collected!
  29. US Military Is Buying Location Data From Data Brokers, Including Data Pulled From US App Users
  30. Zlatan Ibrahimovic and Gareth Bale question use of likeness in FIFA
  31. Mine, Mine, Mine! Nintendo Neuters The Cool Ways People, Groups Are Using ‘Animal Crossing’
  32. Nintendo axes fan-run Smash tournament over online play mod
  33. Nintendo orders cancellation of Smash Bros tournament over mod use: The Big House’s first online competition scrapped due to modified Melee that enables smoother online play
  34. Nintendo lawsuit takes aim at yet another Nintendo Switch hack seller
  35. Nintendo suing yet another Switch hack reseller: Amazon seller taken to court in platform holder’s ongoing fight against “serious, worsening international problem” of piracy
  36. Nintendo issues new Animal Crossing guidelines to keep politics out of the game
  37. Nintendo publishes Animal Crossing guidelines for businesses: The platform holder asked organisations to “refrain from bringing politics” into New Horizons
  38. Next-gen consoles have few answers to Argentina’s longstanding reliance on piracy: Argentina’s gamers approach next-gen with uncertainty, due to rising prices and the difficulty of turning to the black market
  39. Does Apple’s 15% platform cut change the game?
  40. Tim Sweeney on Apple’s 15% cut: “We’re not fighting for a lower commission” – Epic Games CEO says 30% commission “is not wrongful, it’s just a bad deal”
  41. Epic adds a subscription service to Fortnite
  42. Epic Games launches ‘Fortnite Crew’ monthly subscription plan
  43. Epic Games’ MegaGrants program surpasses $60m in financial support
  44. Twitch’s No Good, Very Bad Time Continues: Part 2
  45. Twitch Co-Founder Kevin Lin Departs Company After 12 Years: “I Will Build Again”
  46. The New York Times Is Broadcasting Collaborative Crosswords On Twitch
  47. Hitman developer IO Interactive teases Project 007: James Bond licence emerges from stealth and will be used to tell a brand new origin story
  48. Aiming to curb DMCAs, CDPR builds copyrighted music toggle into Cyberpunk 2077
  49. ‘Cyberpunk 2077’ Has A Built-In Mode For Content Creators That Disables Copyrighted Music
  50. Ridiculous: ‘Cyberpunk 2077’ Will Ship With A Mode Just To Help Streamers Avoid DMCA Notices
  51. Nvidia sidesteps the App Store to bring GeForce Now game streaming to iOS
  52. Analysis: Nvidia GeForce Now cloud gaming service comes to iOS
  53. Stadia plans to bypass App Store with web app iOS launch
  54. Google Stadia begins public iOS test in a few weeks: With Apple blocking games streaming via apps, Google moves Stadia to Safari as a web app
  55. GeForce Now arrives on iOS via Safari: Nvidia gets around App Store’s game streaming policies with a beta version of browser-based offering, will soon add support for GOG storefront titles
  56. The Winner of the Console Wars is…Light Beer?
  57. Blog: Is Apple’s platform fee reduction a PR move or sound investment?
  58. Patenting video games in Europe – The EPO’s Board of Appeal decide in favour of Nintendo (T1504/17)
  59. U.S. Patent No. 10,532,290: Sharing recorded gameplay to a social graph
  60. Canadian Government introduces legislation that would fundamentally transform the broadcasting ‎system
  61. The Broadcasting Act Blunder, Day One: Why There is No Canadian Content Crisis (Michael Geist)
  62. The Broadcasting Act Blunder, Day Two: What the Government Doesn’t Say About Creating a “Level Playing Field” (Michael Geist)
  63. The Broadcasting Act Blunder, Day Three: Minister Guilbeault Says Bill C-10 Contains Economic Thresholds That Limit Internet Regulation. It Doesn’t. (Michael Geist)
  64. The Broadcasting Act Blunder, Day Four: Why Many News Sites Are Captured by Bill C-10 (Michael Geist)
  65. The Broadcasting Act Blunder, Day Five: The Narrow Exclusion of User Generated Content Services (Michael Geist)
  66. Trump’s FCC Nominee Asked Fox News To Help Destroy Section 230 To Help Elect More Republicans
  67. Comcast raising TV and Internet prices, including a big hike to hidden fees

Jon

News of the Week; November 18, 2020

INTELLECTUAL PROPERTY

  1. Boesen v. United Sports Publications, Ltd.: Court dismisses copyright claim, holding that publisher’s article that “embedded” Caroline Wozniacki’s Instagram post featuring plaintiff’s photograph constituted fair use. 
  2. Flo & Eddie, Inc. v. Pandora Media, Inc.: Court denies anti-SLAPP motion by owners of pre-1972 sound recordings created by The Turtles, holding Pandora’s failure to pay for use of recordings was not a speech right
  3. Artistic license and use of copyright in creative pursuits
  4. The Pose Is Prologue
  5. Despite RIAA’s Claim That YouTube-dl Is Infringing, Journalists Use It All The Time
  6. GitHub, EFF Push Back Against RIAA, Reinstate Youtube-dl Repository
  7. YouTube Seeks To Crack Down On COVID-19 Vaccine Conspiracies In Fact-Check Panels
  8. Donald Trump Argues That Use Of ‘Electric Avenue’ In Campaign Video Was Transformative
  9. Montgomery v. Holland: Second Circuit affirms dismissal of copyright infringement claim targeting 2014 television miniseries Rosemary’s Baby, holding it was not substantially similar to plaintiff’s short stories.
  10. Is Software Patentable?
  11. Scientific publishers propose installing spyware in university libraries to protect copyrights: The hypothetical plan to combat digital piracy called for the use of software to monitor those accessing academic material
  12. Proctorio used DMCA to take down a student’s critical tweets: “This is really a textbook example of fair use”
  13. Copyright rides to the rescue: Brompton Bicycle is protected by copyright
  14. Copyright: Online platform operators’ liability for users illegally uploading copyright material
  15. No Future for Copyright or Trade Dress Protection for Personal Planner Layout
  16. The First Step to Protecting Your Brand in Canada 
  17. EMPOWER-ing trademark infringement claims against public authorities
  18. Four Seasons Total Landscaping: trademark lessons from a bizarre political event 
  19. In a Galaxy Not So Far, Far Away: Millennial Falcon v. Millennium Falcon
  20. Can Clickbait Cause Confusion? Purchasing AdWord Did Not Constitute Trademark Infringement or an Unfair Trade Practice
  21. Will the growing second-hand market for fashion fuel trademark disputes?
  22. Hugo Boss And Art Teacher Reach ‘Amicable Solution’ Over ‘Be Boss, Be Kind’ Trademark Application
  23. Trademark everything: The not-so-secret world of celebrity IP
  24. Why Don’t Conservatives Care About Copyright?
  25. Food Industry Insight – The Trade Dress of a Cookie is Held to be Functional
  26. Ninth Circuit Rules That the Identification of a Trade Secret May Be Developed Through Discovery 
  27. Patent eligibility in Canada clarified with new Examination Guidelines
  28. CIPO’s new guidelines on patentable subject matter explained
  29. Presumed essential: CIPO clarifies its approach toward eligibility analysis following Federal Court decision 
  30. Canadian Patent Office Issues Guidance to “Cooperate” With Inventors of Computer-Based Inventions 
  31. Supreme Court to Decide Constitutionality of Patent Board 
  32. Moderna’s covid vaccine is promising news, but IP issues may mean the financial windfall it enjoys are limited
  33. Working with known materials in life sciences: Key patent considerations
  34. Canadian courts show trend of awarding higher costs in IP litigation
  35. Five things to know about protecting IP rights on Amazon 
  36. Law Bytes Episode 69: Bram Abramson on the Government’s Plan to Regulate Internet Streaming Services (Michael Geist)
  37. Amazon Sues Two TikTok, Instagram Influencers For Alleged Scheme To Sell Knockoff Designer Goods
  38. The Case Against Holding Amazon Liable for Third-Party Merchants’ Sales in its Marketplace (Eric Goldman)
  39. Facebook Expands Access To ‘Rights Manager’ Video Copyright Tool, Rolls Out In-Stream Ads To 4 More Countries
  40. Facebook Can Block Scraper (For Now)–Facebook v. BrandTotal (Eric Goldman)
  41. Trump admin puts a hold on TikTok ban it seems to have forgotten about
  42. Trumpland Apparently Just Forgot About Its Manufactured TikTok Hysteria
  43. Commerce Department Remembers It Was Supposed To Ban TikTok; Says It Won’t Enforce For Now
  44. Alphabet CEO: Plan to target EU commissioner was not “sanctioned” by me
  45. Upload Filters And The Internet Architecture: What’s There To Like?
  46. Content Moderation Case Study: GoFundMe Addresses Controversial Fundraising Efforts (2020)
  47. Counterfeit Merch Is A Big Problem For Creators, And It’s Even Worse Than You Think.
  48. YouTube Will Now Serve Ads On Channels That Aren’t Eligible For Its Partner Program — Though Creators Won’t Earn A Cut
  49. GitHub agrees RIAA claim is bunk, restores popular YouTube download tool
  50. Audiovisual Media Services Directive – European Commission adopts guidelines on video-sharing platforms and the promotion of European works
  51. IP Rights and AI-Generated Works
  52. Video: Using AI to create interactive digital actors
  53. The dance-off ends: a (partial) resolution to Fortnite’s slurry of copyright
  54. Court Upholds Gaming App’s Clickthrough TOS–Ball v. Skillz (Eric Goldman)
  55. Judge dismisses Apple’s “theft” claims in Epic Games lawsuit
  56. Apple will halve App Store platform fees for smaller developers in 2021
  57. Apple drops its cut of App Store revenues from 30% to 15% for some developers
  58. Apple to cut down App Store share to 15% for small developers: The company’s new App Store Small Business Program means studios earning less than $1m a year in proceeds will benefit from a reduced commission
  59. Epic CEO: App Store changes offer ‘no relief to customers’ from ‘Apple Tax’
  60. Streamers protest Twitch DMCA policy with homemade video game noises: Beep beep beep. Pow! Schooooo… po-pow!
  61. Twitch eyes new tools, licensing deals after ‘understandably frustrating’ DMCA takedowns
  62. Twitch streamers report DMCA takedowns for in-game sound effects: Content creators report flags on sounds such as clock chimes, police sirens, bird noises, and wind
  63. Twitch Continues To Trip Over Itself In Response To DMCA Apocalypse
  64. Twitch’s No Good, Very Bad Time Continues: Part 1
  65. Is a Tattoo Protected by Copyright? Is it Infringed if it Appears in a Computer Game? 
  66. Star Trek’s Space-Traveling Tardigrades Live Long and Prosper After Second Circuit Affirms Non-Infringement of Video Game Copyright
  67. Epic releases thousands of What Remains of Edith Finch assets for free
  68. Happy 20th Birthday To ‘No One Lives Forever’, The Classic PC Game That Can’t Be Sold Today Thanks To IP
  69. Why are there no James Bond games?: In the absence of new film No Time To Die, we explore 007’s ongoing absence from video games and the challenge of developing with a licenc
  70. New League of Legends character not based on real person, says Riot
  71. U.S. Patent No. 10,471,357: Systems and methods for simulating a particular user in an interactive computer system

Jon

News of the Week; November 11, 2020

INTELLECTUAL PROPERTY

  1. Game, set, match: Sometimes the photo is the story
  2. Federal Judge Rules Embedding of Instagram Post Containing Copyrighted Photo is Fair Use
  3. Embedding in a State of Flux: New York Courts Challenge Decade Old Reasoning from the Ninth Circuit
  4. Vallejo v. Narcos Productions LLC (USCA, Oct.27, 2020): Held that portions Netflix’s Narcos series are not substantially similar to journalist’s memoir regarding romantic relationship with Pablo Escobar
  5. Capote Charity Claims Copyright
  6. Anti-Cheat Student Software Proctorio Issuing DMCA Takedowns Of Fair Use Critiques Over Its Code
  7. Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯\_(ツ)_/¯ (Eric Goldman)
  8. Canada’s Forever Register: Newfoundland Trademark Registrations
  9. Anita White Strikes Back With Second Trademark Suit
  10. He May be Undefeated in the Ring, but Floyd Mayweather Got Knocked Out at the Trademark Office.
  11. Augusta National Blazes a Trail to Registration of its Iconic Green Jacket
  12. “I sense a disturbance in the force” When Star Wars universe meets Trademark law: Millennial Falcon v Millennium Falcon
  13. Glossier’s Pink Pouch TM Registration Could Mean a Rosy Future for Non-Traditional Marks
  14. Alleged bait-and-switch selling found not to constitute trade mark infringement
  15. Aussie Brewer Keeps Digging Holes With Trademark Lawsuits, Now Owes Court Costs
  16. Trademark protection on e-commerce platforms
  17. Seeing Green – Post-Election Day 2020: State Trademarks for Cannabis Goods & Services
  18. TTAB Refuses Registration of .SUCKS 
  19. Trade Secret Strategies: Using Standstill Agreements to Resolve Disputes Out of Court
  20. Sedona Conference Publishes Commentary on Proper Trade Secret Identification
  21. Federal Court finds that discoverability principle applies to limitation periods under Section 55.01 of Patent Act
  22. The Impact of CIPO’s New Guidance on the Prosecution of Patent Applications Directed to Diagnostic Methods
  23. Canadian Intellectual Property Office issues Practice Notice regarding patentable subject matter
  24. 2020 Brings Growing Trend of Patent Cases Decided by way of Summary Trial
  25. Is the new toilet on the International Space Station patentable?
  26. Augmented Reality/Virtual Reality Patent Prosecution Update: 2020 Q3 Prosecution Statistics
  27. How to protect a user interface with a patent 
  28. Massachusetts Voters Overwhelmingly Support Expanded ‘Right To Repair’ Law 
  29. Proactive Protection: Intellectual Property Audits
  30. Under President Biden, IP evolution is much more likely than revolution
  31. WIPO Launches “WIPO Lex-Judgments” Database
  32.  Cultural Uncertainty: A Closer Look at Heritage Minister Steven Guilbeault’s Timeline For Internet Regulation (Michael Geist)
  33. No Chips? No Worries. Ninth Circuit Rejects FTC’s Petition for En Banc Review of Decision Holding that Qualcomm Has No Antitrust Duty to Deal with Rivals
  34. Your Slingbox Will Be A Useless Brick In A Few Years 
  35. QAnon Conspiracy Theorists Can’t Force YouTube to Carry Their Videos–Doe v. Google (Eric Goldman)
  36. United States v Google: A Re-Found Willingness to Regulate Technology Monopolies?
  37. Google Photos is the latest “Unlimited” plan to impose hard limits
  38. Google Photos will end its free unlimited storage on June 1st, 2021: After 15 gigs, you’ll need to pony up for Google One
  39. Netflix files copyright claims against tweets criticizing movie, trailer
  40. Netflix Targets Critical ‘Cuties’ Tweets With Copyright Takedown Requests
  41. Netflix Gets Cute Using DMCA Notices To Take Down Tweets Critical Of ‘Cuties’
  42. Netflix Testing Pre-Programmed, Linear TV-Style Channel Called ‘Direct’ In France
  43. FCC General Counsel Issues Guidance on the Agency’s Section 230 Authority
  44. Section 230 Faces the Heat
  45. Content Moderation Case Study: Google Refuses A Law Enforcement Agency Demand To Remove A Video Depicting Police Brutality (2011)
  46. Emojis & The Law: An Interview with Professor Eric Goldman
  47. Spotify May Be Eyeing Podcast-Only Subscription Tiers
  48. In Biggest Podcast Purchase Yet, Spotify Acquires Ad And Publishing Platform ‘Megaphone’ For $235 Million
  49. Patreon, Acast Partner To Help Podcasters Distribute Paywalled Content More Broadly
  50. Apple, Sony Reportedly Eyeing $300-$400 Million Acquisition Of Podcast Network Wondery
  51.  Patenting Artificial Intelligence in Canada, the UK and Europe: A Primer
  52. AI Application Examination: 5 Key trends
  53. Understanding the AI Patent Landscape
  54. Plans for new AI legal framework gather pace
  55. A global legal standard for Artificial Intelligence? The European Parliament proposes legislation
  56. Mall real estate company collected 5 million images of shoppers, say privacy watchdogs
  57. Gun-Toting Couple Sues Photographer For Privacy Violation Over Photo They Used As Christmas Cards, After He Billed Them
  58. Judge dismisses Apple’s claim of theft in Epic case: Court says ongoing legal battle should focus on breach of contract and anti-trust claims
  59. Judge says Apple isn’t entitled to extra monetary damages over Fortnite lawsuit
  60. SAG-AFTRA extends video game voice acting contract to November 2022
  61. Tommy Tallarico, Roblox come to agreement over “oof” sound effect: Popular death sound effect to be replaced in game, asset will be sold via Roblox store going forward
  62. Ubisoft removing UK journalist from Watch Dogs over “controversial remarks”: The Atlantic writer Helen Lewis voiced a character on an in-game podcast
  63. EA renews UFC, NHL, NHLPA partnerships with fresh ‘multi-year’ deals
  64. EA extends UFC, NHL licensing deals: Publisher will have exclusive rights to MMA league’s games through 2030 while hockey deal is a “multi-year renewal”
  65. EA Play crosses 6.5 million paying subscribers
  66. EA Play reaches 6.5 million paid subscribers, EA aims to double that within a year
  67. Sorry, you can’t move your discontinued copy of PT to the PS5
  68. Google Is Giving YouTube Premium Subscribers A Free Stadia Controller, Chromecast Ultra
  69. Steam adds frictionless playtesting feature: The new tool will make playtests accessible directly from a title’s store page
  70. BioWare confirms Mass Effect remaster in 2021, new Mass Effect later
  71. Final Fantasy 7 Remake, Avengers push Square Enix H1 sales up 43%: Publisher’s HD Games division posts profits for the six-month period, but last quarter was in the red
  72. FIFA 21 and Star Wars: Squadrons come out top in October | EMEAA Charts: Nintendo Switch console sales up 77% in October 2020 vs 2019
  73. Watch Dogs: Legion knocks down FIFA 21 | UK Digital Charts: Ni No Kuni Wrath of the White Witch on Switch makes No.3
  74. Epic is gauging interest in a Fortnite monthly subscription plan
  75. Epic Games gauging interest in monthly Fortnite subscription: If implemented, subscribers would receive Battle Pass, early access to free skins and regular V-Bucks
  76. Which publishers are the game subscription believers?
  77. Twitch Apologizes To Creators Hit By Mass DMCAs And Content Deletions, Says It’s In Talks With Record Labels
  78. Twitch explains confusing copyright crackdown, urges users to delete videos
  79. Twitch apologizes for handling of mass copyright claims: Streaming platform apologizes for giving streamers unhelpful warnings, little notice in face of avalanche of DMCA claims from record labels
  80. It Took Just 5 Minutes Of Movement Data To Identify ‘Anonymous’ VR Users
  81. U.S. Patent No. 10,478,735: Video game system with spectator mode hud
  82. U.S. Patent No. 10,509,461: Augmented reality video game systems

Jon

News of the Week; November 4, 2020

INTELLECTUAL PROPERTY

  1.  Use Your Illusion: Rights in posthumous holographic performance
  2. Intellectual Property & Architecture – Copyright Protection in Focus
  3. Tenth Circuit Breathes New Life into a Spooky Skeleton Copyright Dispute 
  4. Protect Your Posts: New Group Copyright Registration Option for Online Blogs and Articles 
  5. The US election: a vote on IP?
  6. New Working Paper – Memes and Parasites: A discourse analysis of the Copyright in the Digital Single Market Directive 
  7. Canada: Official marks can lead to damages for infringement of regular trademarks, according to Canada’s Federal Court of Appeal 
  8. Procedures and strategies for anti-counterfeiting: Canada
  9. Ninth Circuit: Likelihood of Confusion Required to Sustain TM Counterfeiting Claim 
  10. Hallmark Win in Greeting Card Trademark Dispute: Court Finds Unauthorized Sale of Cards Meant for Destruction Infringing
  11. Neat infringement claim leaves whiskey competitor’s trade mark on the rocks
  12. Counterfeit luxury goods 
  13. Brand protection in the digital world 
  14. Distilling the value of corporate trademarks 
  15. Descriptive Use of a Registered Trademark is not Infringement
  16. Slogans as marks: when does a slogan function as a mark 
  17. Trademark Cancellation Is Appropriate Sanction for Misconduct
  18. Cookie Trade Dress Infringement Case Crumbles in Face of Functionality Challenge
  19. A Clear Need: To Allege Misappropriation, Identify Trade Secret 
  20. CIPO’s Patentable Subject-Matter Guidance – Same Code, Different Syntax 
  21. The Canadian Patent Office Releases New Guidelines: The Diagnostic’s Industry Should Be Cautiously Optimistic 
  22. Canadian Patents: What to Keep in Mind One Year After the Coming into Force of the New Rules? 
  23. The Intersection between Drop-Shipping and Patent Infringement 
  24. The Changing Patent Landscape in the Semiconductor Space 
  25. Size Matters in Obviousness Analysis 
  26. Marathon musings – Patenting running watch algorithms in Europe
  27. Five Patents You Should Know About for Halloween 2020
  28. Courtrooms and the America’s Cup – Patent infringement set to be the latest out-of-water battle 
  29. A “Bitterly Divided” Federal Circuit Declines to Stay Decision Invalidating Car Driveshaft Patent
  30. Clearing the 5G Patent Forest! 
  31. People With Silly Patents Would Really Like It If It Was Harder To Cancel Them
  32. Final PMPRB guidelines released 
  33. “Zombie” Privacy & IP Rights: Protecting the Rights to an Individual’s Image after Death: Part 1 of 2
  34. “Zombie” Privacy & IP Rights: Protecting the Rights to an Individual’s Image after Death: Part 2 of 2
  35. How Might New Supreme Court Justice Barrett Rule on IP Cases?
  36. Altering the broadcasting landscape – Canada’s Broadcasting Act to be amended
  37. Feds propose changes to Broadcasting Act that may raise $800 million from streamers: New regulations would ensure streaming platforms face same rules as traditional broadcasters
  38. Broadcasting Act Amendments
  39. The Government’s Internet Regulation Bill: Why Bill C-10 Will Mean a CRTC-Approved Netflix Service, Reduced Consumer Choice, and Less Investment in Canadian Culture (Michael Geist)
  40. Heritage Minister Steven Guilbeault’s “Get Money from Web Giants” Internet Regulation Bill: An Unauthorized Backgrounder (Michael Geist)
  41. What’s Another Way Supporters of Mandated Facebook Media Payments Promote Their Position? Paid Facebook Advertising (Michael Geist)
  42. Cable TV Execs Move Past Denial Stage, Now Fully Expect A ‘Cord Cutting’ Bloodbath
  43. Judge: Trump Admin‘s TikTok ban would cause “irreparable harm” to creators
  44. Three TikTok Influencers Influenced A Judge To Block Trump’s TikTok Ban
  45. TikTok Countersues Triller, Says Its Tech Doesn’t Violate Patent
  46. U.S. Department of Justice Sues Google for Antitrust Violations
  47. A Digital Tech New Deal to break up Big Tech: Antitrust efforts in the US are not enough to counter the global power of Big Tech.
  48. Constitutional Challenge to Trump’s Anti-230 EO Fails–Rock the Vote v. Trump (Eric Goldman)
  49. Free Market Advocate Switches Sides, Calls For Direct Government Interference In Online Moderation Decisions
  50. Changing Section 230 Won’t Fix Politicians’ Issues With Section 230
  51. Twitter, Facebook, Google Heads Testify on Section 230 and Local Journalism
  52. Your Problem Is Not With Section 230, But The 1st Amendment
  53. Snapchat Isn’t Liable for Its Speed Filter (Even if Section 230 Doesn’t Apply)–Maynard v. Snapchat (Eric Goldman)
  54. Facebook’s Handy Identity Crisis: Publisher or bulletin board? Can it really give up news sharing? Why the tech giant works hard to resist definition.
  55. Facebook Takes Aim at NYU Web Scrapers
  56. This microscopic 3D-printed Star Trek Voyager can move on its own
  57. YouTube Hits $5 Billion In Ad Revenue, 30 Million Premium And Music Subscribers In Q3
  58. YouTube Soundtracking Service Epidemic Sound Launches ‘Music Recommender’ Tool For Creators
  59. “Baby Shark” Overtakes “Despacito” To Become YouTube’s Most-Watched Video Of All Time
  60. Acknowledging AI as an Inventor of IP – A Slippery Slope to Giving AI the Same Rights as Humans?
  61. Patent protection of machine learning and artificial intelligence inventions in Europe
  62. To Prevent Free, Frictionless Access To Human Knowledge, Publishers Want Librarians To Be Afraid, Very Afraid
  63. Bandai Namco, AtGames resolve legal dispute: Judge dismisses lawsuit over Ms. Pac-Man rights, clearing way for re-release of AtGames’ Namco arcade microconsole
  64. Sony legal threat compels PS5 faceplate company to cancel all orders: CustomizeMyPlates also had to rebrand from PlateStation5 following complaints from platform holder
  65. Judge rejects Google’s attempt to push Epic case to October 2022: Fortnite firm has suggested February 2021 as judge tells both companies to “get moving”
  66. Ubisoft investigating after ransomware group claims to have leaked Watch Dogs source code: 560GB code for Legion reportedly available online, could endanger anti-piracy measures
  67. Reports of Watch Dogs Legion source code leak prompts Ubisoft investigation 
  68. Take-Two Finds Less Success with Second Take on Copyright and Tattoos
  69. Randy Orton’s Tattoos Divide Courts as Gamers Prepare for PS5 and Xbox Series X
  70. Biden/Harris Campaign Deploys Custom ‘Fortnite’ Map To Teach Voters About Key Policies
  71. Twitch Marketing Promo Over Golden Emoji Goes Horribly Wrong After DMCA Nuclear Strike
  72. Frostpunk board game raises over €2m on Kickstarter
  73. Does PlayStation need to buy more games studios? | Opinion: With Microsoft snapping up major studios and publishers in recent years, we consider the implications for Sony
  74. Sony reportedly puts a stop to third-party PS5 faceplate plans
  75. Some current-gen Ubisoft games are forward compatible on Xbox but not PlayStation
  76. Friday the 13th: The Game winds down with final patch, end of dedicated servers
  77. Thanks To Fair Use, One Man Is Trying To Preserve Old School Video Game Manuals

Jon

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

News of the Week; October 21, 2020

INTELLECTUAL PROPERTY

  1. Supreme Court of Canada to Hear York University/Access Copyright Appeals
  2. Justice Luc Martineau is new chair of Copyright Board of Canada
  3. Google gets mixed reception in Supreme Court clash with Oracle: Justices held a low-tech telephone session in one of the biggest software fights in American history on Wednesday
  4. Google’s Supreme Court faceoff with Oracle was a disaster for Google 
  5. IP Alert | Supreme Court Hears Arguments in “Copyright Case of the Century”
  6. Supremes won’t review the morality of whitewashing graffiti art
  7. Denial of Certiorari Leaves in Place Ninth Circuit En Banc Decision Finding No Infringement in “Stairway to Heaven”
  8. hiQ Labs v. LinkedIn Corp., the Web Scraping Saga Continues
  9. Music in Podcasts – As Podcasts Shut Down Following Infringement Notices, Looking at the Required Music Rights
  10. 512(f) Claim Survives Motion to Dismiss–Brandyn Love v. Nuclear Blast America (Eric Goldman)
  11. By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection
  12. Nicki Minaj’s Experimentation with Tracy Chapman’s Classic “Baby Can I Hold You” Qualifies as a Fair Use Under Copyright 
  13. NY Art Disputes Highlight Fame’s Role In Copyright Suits 
  14. “Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit
  15. We Interrupt This Hellscape With A Bit Of Good News On The Copyright Front 
  16. DMCA Takedown Notices: A New Opponent for Twitch Streamers 
  17. Twitch blasts streamers with vague, unhelpful DMCA takedown emails
  18. Lessons from a pandemic: long-term impacts on Canadian trademark practice 
  19. The Cousteau Society, Inc. v. Cousteau: Court holds granddaughter of Jacques-Yves Cousteau cannot escape trademark infringement based on unauthorized use of Cousteau’s trademarks in film projects and materials.
  20. Microsoft Wields Its IP For Good, Cripples Botnet Via Trademark Litigation 
  21. Will Disney’s newest Toy Story 4 character go ‘caboom’?
  22. Boston University students launch “F*ck It Won’t Cut It” campaign, University files a Trademark application
  23. Lehman Brothers is Gone but Not Abandoned 
  24. EU: What does Brexit mean for EU trade marks and designs?
  25. Comparative aspects of trademark dilution between the United States and China
  26. Versace ripped off the Canucks’ spaghetti-skate logo 
  27. Depreciation of goodwill with cannabis trademarks 
  28. Determined not to tumble: British Gymnastics’ trade mark dispute and IP protections for sports properties
  29. The Third Circuit Shares Some Food for Thought on the Bounds of Trade Dress Protection 
  30. Court of Appeal Upholds Interim Injunction in Trade Secrets Case
  31. How to Keep Trade Secrets Secret
  32. New Trade Secret Protections in China
  33. Protection of store layout under IP law
  34. Protecting Recipes and Food as Intellectual Property
  35. $644-million award for patent infringement upheld on appeal; Accounting of profits remedy removes “economic incentive to infringe”
  36. IP monitor: Quebec Superior Court dismisses application for disavowal of a IP monitor – Quebec Superior Court dismisses application for disavowal of admissions of patent invalidity
  37. Federal Court Freezes Out Motion to Vary Injunction in Patent Case
  38. US Patent Boss Says No Evidence Of Patents Holding Back COVID Treatments, Days Before Pharma Firms Prove He’s Wrong
  39. Federal Circuit Restores Induced Infringement Verdict Against Teva
  40. Watch Out: The Patent Maximalists Are On The Warpath To Destroy Innovation And Empower Patent Trolls 
  41. Applying the Broadest Reasonable Interpretation of the Claim in Light of the Specification, Federal Circuit Revives Claims in Heart Valve Patent
  42. Why Is My Company Being Sued For Patent Infringement In Waco, Texas?
  43. Beyond borders: Extraterritorial reach of Australian patents
  44. Inadequate Translation of a Non-English Application Leads to US Patent Invalidation
  45. Skinny Label Does Not Prevent Finding of Induced Infringement 
  46. Expert Testimony Stricken Where Expert Did Not Show Non-Infringing Alternatives Were Available in the United States 
  47. Worried about being sued for patent infringement in multiple jurisdictions? Three ways to gain control 
  48. New Grape Varieties – Raisin Awareness of Plant Patents 
  49. High Stakes: Protecting Your Cannabis Intellectual Property 
  50. Nobel Prize 2020: A Chemistry Patent Attorney’s View 
  51. Key IP Agreements for Startups
  52. Blowing away the competition: design evolution, and what it’s like to be Head of IP at Dyson
  53.  How Can Linking to an Article be Immoral When the Media Source Itself Does the Posting? (Michael Geist)
  54. How Can Linking to an Article be Immoral When the Media Source Itself Does the Posting, Part 2: A Day in the Life of the Toronto Star on Facebook (Michael Geist)
  55. Forget Link Licensing and Cross-Subsidies: When it Comes to Tech, Canada Should be Focused on Competition Law and Tax Policy (Michael Geist) 
  56. Five Bar Owners Arrested In France For Not Logging Internet Use By Patrons Using Bars’ WiFi Connections
  57. Trademark Genericide And One Big Way The DOJ Admits That Its Antitrust Lawsuit Against Google Is Utter Garbage
  58. AOC makes explosive Twitch debut with over 435,000 Among Us viewers
  59. Facebook Abuses Trademark To Give New Prominence To Group Of Facebook Critics Who Are Trying To Shame Company Into More Moderation
  60. Global competition and the emerging challenge to open data
  61. WeChat and TikTok Win Preliminary Injunctions Against Trump Administration’s Efforts to Ban the Apps
  62. While Trump Continues To Complain About 230, It’s Copyright Law That Once Again Actually Gets His Content Removed
  63. League Of California Cities Want Congress To Change Section 230… To Let Cops Spy On Everyone Using Social Media
  64. Section 230 Liability Shield Continues to Receive Scrutiny
  65. Section 230 Basics: There Is No Such Thing As A Publisher-Or-Platform Distinction
  66. Another Anti-Section 230 Bill? Sure, Why Not?
  67. Justice Thomas Writes a Misguided Anti-Section 230 Statement “Without the Benefit of Briefing”–Enigma v. Malwarebytes (Eric Goldman)
  68. Blatant Hypocrite Ajit Pai Decides To Move Forward With Bogus, Unconstitutional Rulemaking On Section 230
  69. FCC Announces Section 230 Rulemaking
  70. Chairman Pai: FCC to Address Social Media Immunity Under Section 230
  71. Jeffrey Toobin’s Zoom Dick Incident Is The Perfect Example Of Why We Need Section 230
  72. Insights: With Zoom And Its Many Competitors, We’re All Livestreamers Now
  73. Content Moderation Case Study: Apple Removes Games Containing Confederate Flags (June 2015)
  74. France Passes Law Giving Child Influencers Same Protections As Young Actors, Models
  75. Snapchat Launches ‘Sounds’, Enabling Users To Orchestrate Snaps, Stories With Licensed Music
  76. Teespring Will Now Let Creators Vend ‘Digital Products’, Like Photo Presets And Ebooks
  77. Spotify Now Lets Podcasters Use Its Entire Music Library In Their Shows
  78. Brooklyn-Based Startup MSCHF Wants To Pay Influencers To Take Down “Evil” Brands
  79. Insights: Could The Streaming Services Killing Movie Theaters Save Them Instead?
  80. Microsoft thumbs its nose at Apple with new “app fairness” policy
  81. A giant cat picture was just discovered among the Nazca Lines: Archaeologists haven’t yet located an accompanying giant meme caption.
  82. Artificial Intelligence Licensing: What You Need to Know
  83. AI and the fight for inventorship – DABUS patent knocked out in UK High Court
  84. USPTO Releases Report on Artificial Intelligence and Intellectual Property Policy
  85. The Right to be Forgotten
  86. Rune 2 lawsuit alleges deliberate sabotage from Bethesda, ZeniMax
  87. ZeniMax, Bethesda, Roundhouse added to lawsuit over Rune 2: Ragnarok accuses companies involved in Human Head demise and Roundhouse formation of sabotaging Rune 2 and a game based on the Oblivion Song comic
  88. Alexandria Ocasio-Cortez is running an Among Us stream to drive voter turnout
  89. AOC makes explosive Twitch debut with over 435,000 Among Us viewers
  90. AOC’s debut Twitch stream is one of the biggest ever: And she’s genuinely pretty good at Among Us
  91. 439,000 People Watched Alexandria Ocasio-Cortez Take On Top Content Creators In ‘Among Us’
  92. Alexandria Ocasio-Cortez Storms Twitch: More than 400,000 people tuned into AOC’s stream of a marathon Among Us session with representative Ilhan Omar and Twitch luminaries.
  93. US Rep Alexandra Ocasio-Cortez’s Twitch stream drew 439k peak viewers: Among Us stream with fellow Representative Ilhan Omar and popular Twitch streamers saw highest peak of any politician on Twitch
  94. AOC’s record-breaking Twitch stream is the future of politics: Young, tech-savvy, meme-literate, and accessible
  95. Twitch purges videos after “thousands” of requests from music labels: Streaming site offers content creators the ability to delete all videos as it issues “a one-time warning to learn about copyright law”
  96. Epic vs. Apple is losing PR steam | Opinion: Sensible rulings in Epic’s legal dispute with Apple have pared the case back to its core question — and shown just how disruptive Epic’s demand really is
  97. Take-Two Opposes Trademark For An Entertainment Company Running An Axe-Throwing Facility
  98. NBA 2K21 adds unskippable ads to loading screens: 2K Sports introduces new monetization method to latest basketball title weeks after launch
  99. Players slam 2K after publisher inserts unskippable ads into NBA 2K21
  100. Bungie cease and desist pulls Destiny 2 cheat tool offline
  101. GameStop’s Microsoft partnership reportedly lands it a cut of digital Xbox revenue
  102. Microsoft will give GameStop a share of Xbox’s digital revenues
  103. Xbox’s GameStop deal: lifeline or table scraps?
  104. Microsoft will share digital revenues with GameStop on every Xbox it sells: Investment advisor says retailer will even get a share of DLC sales if physical game was purchased from another company
  105. FIFA download launch sales spike 31% over last year | UK Digital Charts: Overall sales down only slightly over last year’s entry
  106. New non-profit Hit Save! wants to help preserve video games and their history
  107. The Video Game History Foundation is working to save our source code
  108. U.S. Patent no. 9,492,740: Remote and/or distributed equipping of video game characters
  109. U.S. Patent No. 10,625,156: Method and system for sharing video game content

Jon

News of the Week; October 14, 2020

INTELLECTUAL PROPERTY

  1. Google gets mixed reception in Supreme Court clash with Oracle: Justices held a low-tech telephone session in one of the biggest software fights in American history on Wednesday
  2. Google’s Supreme Court faceoff with Oracle was a disaster for Google 
  3. IP Alert | Supreme Court Hears Arguments in “Copyright Case of the Century” 
  4. hiQ Labs v. LinkedIn Corp., the Web Scraping Saga Continues
  5. 512(f) Claim Survives Motion to Dismiss–Brandyn Love v. Nuclear Blast America (Eric Goldman) 
  6. By the Book: Unauthorized Material Doesn’t Forfeit Training Guide’s Copyright Protection 
  7. Graffiti artists see victory under Visual Artists Rights Act claim 
  8. Nicki Minaj’s Experimentation with Tracy Chapman’s Classic “Baby Can I Hold You” Qualifies as a Fair Use Under Copyright 
  9. “Can’t Hold Us” Liable: Macklemore & Ryan Lewis Win Affirmance in Copyright Suit
  10. Obtaining Copyright Registrations for Blogs and Social Media Posts Just Got Easier 
  11. Kanye’s Twitter Rant Flags Issues with Copyright Ownership in Music Deals 
  12. Lehman Brothers is Gone but Not Abandoned
  13. EU: What does Brexit mean for EU trade marks and designs? 
  14. Versace ripped off the Canucks’ spaghetti-skate logo
  15. Depreciation of goodwill with cannabis trademarks 
  16. Dior loses PRETTY SAVAGE trade mark dispute in the United Kingdom
  17. If Something Is Advertised As A Knockoff Product… Is It No Longer Counterfeiting?
  18. Court of Appeal Upholds Interim Injunction in Trade Secrets Case
  19. How to Keep Trade Secrets Secret 
  20. Court Finds that Trade “Secrets” Aren’t Secret on Zoom Call 
  21. $644-million award for patent infringement upheld on appeal; Accounting of profits remedy removes “economic incentive to infringe”
  22. IP monitor: Quebec Superior Court dismisses application for disavowal of a IP monitor – Quebec Superior Court dismisses application for disavowal of admissions of patent invalidity 
  23. Federal Court Freezes Out Motion to Vary Injunction in Patent Case
  24. US Patent Boss Says No Evidence Of Patents Holding Back COVID Treatments, Days Before Pharma Firms Prove He’s Wrong
  25. Beyond borders: Extraterritorial reach of Australian patents
  26. Skinny Label Does Not Prevent Finding of Induced Infringement 
  27. New Grape Varieties – Raisin Awareness of Plant Patents 
  28. In Memory of Guitarist Eddie Van Halen; 10 Musical Patents You Should Know: The Saxophone, Electric Guitar, Electric Double Bass, Concertina and “Band in a Box” – Who Invented These Musical Instruments? 
  29. Promoting the Progress of Science: Written Description and Enablement 
  30. High Stakes: Protecting Your Cannabis Intellectual Property 
  31. 2020 Supreme Court Intellectual Property Case Review
  32. The Guilbeault Internet Plan: Leave it to the CRTC and Copyright Board of Canada to Get Money from Web Giants (Michael Geist)
  33. Facebook Abuses Trademark To Give New Prominence To Group Of Facebook Critics Who Are Trying To Shame Company Into More Moderation
  34. While Trump Continues To Complain About 230, It’s Copyright Law That Once Again Actually Gets His Content Removed
  35. France Passes Law Giving Child Influencers Same Protections As Young Actors, Models
  36. Spotify Now Lets Podcasters Use Its Entire Music Library In Their Shows
  37. Brooklyn-Based Startup MSCHF Wants To Pay Influencers To Take Down “Evil” Brands
  38. Insights: Could The Streaming Services Killing Movie Theaters Save Them Instead?
  39. Microsoft thumbs its nose at Apple with new “app fairness” policy
  40. Console hackers are shocked after DOJ arrests prominent mod-chip makers
  41. Nintendo forces rebranding for adult entertainer “Pokeprincxss”
  42. Nintendo issues cease and desist against influencer and adult entertainer Pokeprincxss: Social media personality rebrands after trademarking her name and selling merchandise bearing Pokémon characters
  43. Judge denies request to force Fortnite back on iOS App Store pending trial
  44. Apple Does Not Need to Return Fortnite to App Store, Judge Rules: Fortnite’s parent company, Epic Games, had broken its contract with Apple, a federal judge found. The case goes to trial next year.
  45. Epic Games vs Apple trial set for May 2021: It’s uncertain at this stage whether the trial will be conducted in person or virtually
  46. Epic vs. Apple judge warns of ‘serious ramifications’ for console makers
  47. Epic vs Apple case may have “serious ramifications” for Nintendo, PlayStation and Xbox: Court order prevents Apple from blocking Unreal Engine until dispute is settled but Fortnite remains banned on iOS
  48. Game Over With Hefty Fine in Gaming Patent Clash
  49. Hyper casual developer Voodoo wins copycat case against Zynga’s Rollic Games
  50. Here’s how backwards compatible titles will look on the Xbox Series S and X
  51. New Microsoft Store principles take a dig at Apple: Company also explains why it will not apply these app fairness principles to Xbox store
  52. PlayStation 5 will only leave 10 old PS4 games in the back-compat dust
  53. Sony details limits of PS5 backward compatibility: 10 PS4 titles including Hitman Go and Afro Samurai 2 will not play on PS5, while new PS5 HD Camera won’t work in place of PS4’s PlayStation Camera
  54. Celebrity endorsement? How did Burger King’s sponsorship of Stevenage F.C. lead to Lionel Messi appearing in a Burger King-branded football shirt?
  55. Video: Game art remastered – From Crash, to Kerrigan, to Corley Motors

Jon