YouTube Rolls Out Updates to Improve Copyright Claims Process

27 03 2020

LexBlog
Mike Willee
January 16, 2020

There’s been much written about the manifold issues facing YouTube as it comes to copyright complaints — not only the inevitable problem of copyright violation but the manner in which the tools offered to try and address the problem are weaponized by bad-faith actors or overzealous entities in an attempt to simply remove videos and creators from the site, regardless of the merit or severity of the alleged violation. Users compiling enough strikes for copyright violation, as reported by other users, faced the possibility of having their account suspended, and even in cases where the complaint was proven unwarranted, there was still the time and hassle of having to deal with the complaint. It was an outcome as concerning as it was predictable, seemingly another case where tech companies shunting off responsibilities to users simply created a new problem while not fully addressing the old one.

Perhaps we were underestimating YouTube, at least in this one instance, because they have introduced a somewhat elegant solution to the problem, even if the finer points still need to be worked out. According to The Verge, YouTube in introducing an “Assisted Trim” feature that allows creators to simply cut out the offending material from their video in order to resolve the claim against it. According to the same article, the feature doesn’t yet allow for manual adjustments that would make for perhaps more cohesive and logical cuts, but that remains in the works.

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The content in this post was found at https://www.lexblog.com/2020/01/16/youtube-rolls-out-updates-to-improve-copyright-claims-process/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Trade Secrets Review: Key 2019 Decisions and Trends (Part I)

27 03 2020
IP Watchdog
Peter J. Toren
January 21, 2020
In general, a trade secret is any information used in business if the owner has taken reasonable measures to keep such information secret, and the information derives independent economic value, from not being generally known to, and not being readily ascertainable through proper means by the public. Almost every state has adopted some form of the Uniform Trade Secrets Act. In addition, with the enactment of the Defend Trade Secrets Act of 2016 (DTSA), trade secrets are also protected under civil and criminal federal law. See 18 U.S.C. § 1831, et seq. Due to the enactment of this Act and the weakening of patent protection in the United States, trade secrets are becoming an increasingly important means for companies to protect their intellectual property. This article provides a summary of important 2019 trade secret decisions and trends.
The content in this post was found at https://www.ipwatchdog.com/2020/01/21/trade-secrets-review-key-2019-decisions-and-trends-part-i/id=118018/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Nintendo Dodges $10.1 Million Jury Verdict in Texas Order Invalidating iLife Patent Under Alice

27 03 2020
IP Watchdog
IPWatchdog
January 22, 2020
The U.S. District court for the Northern District of Texas, Dallas Division, overturned a $10.1 million jury verdict on January 17 against Japanese gaming giant Nintendo under the Supreme Court’s Alice test, which the High Court recently declined to clarify amidst confusion. In August of 2017, a Texas jury entered a verdict against Nintendo, finding that the company had infringed upon a patent asserted by Texas-based medical tech firm iLife Technologies Inc. The jury agreed that iLife proved that it was owed $10.1 million in a lump sum royalty for the sales of a series of games for Nintendo’s Wii U console. The jury also found that Nintendo didn’t prove invalidity of the asserted patent. In its analysis overturning the jury verdict, the district court reasoned that “[a]t its core, Claim 1 is directed to the abstract idea of ‘gathering, processing and transmitting…information.’”
The content in this post was found at https://www.ipwatchdog.com/2020/01/23/trademark-litigation-review-happened-2019-watch-year/id=118137/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Trademark Litigation Review—What Happened in 2019 and What to Watch This Year

27 03 2020
IP Watchdog
Nicholas Hawkins
January 23, 2020
Two things are true about the world of trademarks—it is rarely boring, and something is always on the horizon. The following are some of the significant trademark decisions of 2019, as well as two critical cases to watch as 2020 begins: 1. The Supreme Court’s ruling in Iancu v. Brunetti rejected the Lanham Act’s ban on offensive marks on the grounds that such a ban violates the First Amendment Right of Free Speech. The case involved clothing brand FUCT, which stands for “Friends You Can’t Trust,” and its founder, Erik Brunetti, who sought to register the brand’s name with the U.S. Patent and Trademark Office (USPTO). The USPTO refused to register the name, determining it was immoral and scandalous. Brunetti argued to the Trademark Trial and Appeal Board (TTAB) that the mark was not vulgar, and that Section 2(a) of the Lanham Act was unconstitutional because it violated the First Amendment. However, the TTAB affirmed the USPTO’s refusal and Brunetti appealed to the U.S. Court of Appeals for the Federal Circuit (CAFC).
The content in this post was found at https://www.ipwatchdog.com/2020/01/23/trademark-litigation-review-happened-2019-watch-year/id=118137/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Protecting Creative Works After Fourth Estate v. Wall-Street.com

27 03 2020
IP Watchdog
Candace Lynn Bell & Christina Frangiosa
January 23, 2020
In a landmark ruling, the Supreme Court finally unequivocally answered the question about whether copyright owners need to receive a Registration Certificate from the Copyright Office before filing suit for infringement and thus resolved a difference of opinion among various regional circuit courts.[ed: yes they do] (Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC. Since this decision was issued, federal district courts have cited it in at least 63 decisions. What should artists, writers, and businesses do now to protect their creative work? How should attorneys alter the standard advice they give their clients? Let’s start with a review of what the ruling actually says.
The content in this post was found at https://www.ipwatchdog.com/2020/01/23/protecting-creative-works-fourth-estate-v-wall-street/id=118175/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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RIAA Realizes It Sued Charter Over A Bunch Of Songs It Doesn’t Hold The Copyrights For

27 03 2020

Tech Dirt
Mike Masnick
Mar 26th 2020

It’s been a year since the RIAA sued Charter Communications, using the same strategy it had used against smaller ISPs Cox and Grande Communications — that the DMCA actually requires internet access providers to completely kick users off upon the receipt of multiple (unproven) claims of copyright infringement. The RIAA has been plotting out this strategy for the better part of a decade.

For years, we’ve pointed out a number of problems with this, starting (most importantly) with the fact that accusations are not actual proof of infringement. And to kick people off of their sole access to the internet based solely on accusations would represent a real problem. As first noted by TorrentFreak, Charter has finally filed its answer, defenses, and counterclaims to the complaint. There’s a lot of interesting stuff in there, but a key part: the RIAA and its labels and publishing partners quietly admitted that they were suing over songs they did not hold the rights to. That’s kind of a big deal. Indeed, it reminds me of the revelation in the infamous Viacom/YouTube lawsuit that Viacom was suing over songs it had uploaded itself for marketing purposes.

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The content in this post was found at https://www.techdirt.com/articles/20200323/11190544150/riaa-realizes-it-sued-charter-over-bunch-songs-it-doesnt-hold-copyrights.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Review of Key 2019 Trade Secret Decisions and Trends (Part II)

26 03 2020
IP Watchdog
Peter J. Toren
January 26, 2020
Part I of this series covered (1) Food Marketing Institute v. Argus Leader Media, 139  S.Ct. 2356 (2020) in which the Supreme Court held that commercial or financial information that is customarily and actually treated as private by its owner and provided to the government under an assurance of privacy is “confidential” under exemption 4 to the Freedom of Information Act and is therefore shielded from disclosure; (2) trade secret cases dismissed on the statute of limitations; (3) improper acts for unclean hands doctrine must be related to the misappropriation claim; (4) the Department of Justice’s continued and increasing focus on theft of trade secrets involving a Chinese connection; and (5) award of “head start” damages. In Part II, we will look at some additional important 2019 trade secret decisions and trends.
The content in this post was found at https://www.ipwatchdog.com/2020/01/26/review-of-key-2019-trade-secret-decisions-and-trends-part-ii/id=118215/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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How the Artist Community Can Go Beyond Social Media for Copyright Policing & Enforcement

26 03 2020

LexBlog
Peggy Keene
January 28, 2020

Artist Jonas Jödicke recently found himself in a social media firestorm after confronting musical artist Aaron Carter on Twitter over Carter’s alleged unauthorized use of his artwork.

In this blog we have written at length about the struggles between artists and copyright infringement, such as an artist’s struggle against copyright infringers that recreated her work in other mediums. [View “Cease-and-Desist Letters are Important Tools in an Artist’s Arsenal”.] This post will discuss the part social media plays, why inaction can be detrimental, and the legal options artists have against copyright infringement of their works.

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The content in this post was found at https://www.lexblog.com/2020/01/28/how-the-artist-community-can-go-beyond-social-media-for-copyright-policing-enforcement/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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Caltech wins $1.1 billion patent award against Apple and Broadcom

26 03 2020

ars technica
Timothy B. Lee
January 1, 2020

The nine-person jury in the US District Court for the Central District of California reached its verdict after a two-week trial, the Los Angeles Times and Law360 report. Apple and Broadcom plan to appeal the decision.

The patents claim irregular repeat-accumulate codes, a mathematical technique for encoding data that allows it to be reconstructed if some bits are scrambled during transmission. Error-correcting codes have been used in communications networks for decades, but IRA codes offered a better tradeoff between robustness and decoding time than previous techniques. Researchers at Caltech published a paper about the technique in 2000 and filed several patent applications around the same time.

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The content in this post was found at https://arstechnica.com/tech-policy/2020/01/caltech-wins-1-1-billion-patent-award-against-apple-and-broadcom/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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YouTube Takes Down Live Stream Over Copyright Claim…Before Stream Even Starts

26 03 2020

Tech Dirt
Timothy Geigner
Jan 30th 2020

It seems that the concern over how YouTube is handling its platform when it comes to enforcing copyright claims is reaching something of a fever pitch. Hell, in just the last couple of weeks we’ve seen a YouTuber have his videos demonitized over copyright claims to the numbers “36” and “50”, rampant abuse of ContentID even as the EU edges closer to making that platform a requirement through Article 17, and wider concerns about YouTube’s inability to enforce moderation at scale in a way that makes even a modicum of sense. The point is that it’s becoming all the more clear that YouTube’s efforts at content moderation and copyright enforcement on its site are becoming a nightmare.

And perhaps there is no better version of that nightmare than when one YouTube streamer found his live stream taken down when Warner Bros. claimed copyright on it… before that live stream had even begun. Matt Binder hosts the political podcast “DOOMED with Matt Binder.” He also livestreams the show on YouTube. The night of the last Democratic Presidential debate, he scheduled a livestream to discuss the debate with a guest.

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The content in this post was found at https://www.techdirt.com/articles/20200129/13563143825/youtube-takes-down-live-stream-over-copyright-claimbefore-stream-even-starts.shtml Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com

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