Zapier and Zoom In Trademark Scuffle Over Zaps

chris-montgomery-smgTvepind4-unsplashAt the risk of sounding glib, has any company fared better during the pandemic relative to its prospects otherwise than Zoom? Amazon has done well, sure, but Amazon will always do well. Zoom, on the other hand, has gone from useful to vital in a period of months, and probably more accurately in a period of a few weeks in the spring when every meeting became a virtual one. I can’t attest to Zoom’s outlook pre-COVID, but undoubtedly this period has led to the type of success that spurs thoughts of exponential growth and, inevitably, brings lawsuits.

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Online Anti-Cheating Tool Proctorio Uses DMCA TO Silence Critics

burst-kUqqaRjJuw0-unsplashIf you’ll forgive visiting once more with a frequent topic of this blog, we have to talk yet again about the DMCA. Specifically, about the ability of seemingly any company to use the DMCA for other than what it was ostensibly created, which is to protect copyright on the internet. We’ve seen the fruits of the maximalist position that most corporations have taken: every video that even makes mention of a product ends up flagged, regardless of the dictates of fair use. It’s rote at this point to say that the implementation of the DMCA has been manipulated to the point of near-uselessness, but it’s worth saying over and over again, in the hopes something might change.

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Oatly Misses Out On Trademark for Obvious Claim

engin-akyurt-2rlleYcpvtI-unsplashMost people intuit that advertising is some mix of fact and fiction; not lies per se, but perhaps a burnished version of the truth. Rare is the product that actually changes our life (although, fingers crossed) and that knowledge is baked into our reading or viewing of advertisements. We look past the embellishment to try and discern if the product in question will do what we want, at a price we can live with. Everything else is about rising above the noise to grab our attention in the first place.

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St. Louis Gun Couple In Copyright Fight With Photographer

alexander-wang-KjyrxSHwqTg-unsplashYou could be forgiven if you’ve forgotten the names Mark and Patricia McCloskey — indeed, you could be counted lucky in that regard. But likely you recall the gun-waving couple that caught national headlines earlier this summer during the Black Lives Matter protests in St. Louis, even if the names attached to those figures failed to stick. They seemed likely candidates for a mere fifteen minutes of fame, but alas, it would appear that the pair that took to their front yard armed with guns might be somewhat confrontational! Who might have guessed?

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Copyright Reform Slated To Be Added to Spending Bill

louis-velazquez-XWW746i6WoM-unsplash-1If you’re exhausted of politics (and at this point, who isn’t) rest easy; this isn’t a post on politics, or at least not politics as we’ve come to think of it in 2020. The issue at hand harkens back to a simpler time, or at least a time more familiar to those of us who chose to watch how the proverbial sausage was made at a time when there was a choice to look away and go about your life.

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Copyright Issues Keep Chrysler Building Out Of Spider-Man Game

luca-bravo-JstDl1mhzxY-unsplashWe cover video games here from time to time, in part because, well, I enjoy video games, but also because they provide a fascinating window into copyright issues as they approach greater degrees of photorealism. Just as LeBron’s tattoos would never have even been a consideration, much less a problem, a decade ago, the depiction of a city and all its component architecture in a game wouldn’t have been conceivable not that long ago. And yet here they are, and with copyright issues in tow.

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Frank Sinatra, Come On! AI Bot Song Covers Get Copyright Complaint From YouTube

possessed-photography-U3sOwViXhkY-unsplashCopyright concerns probably don’t rate as even a second-order issue when it comes to artificial intelligence, but it is an interesting topic if you’re inclined to think of such advances esoterically. What does it mean about us, about our creativity, if a machine is able to replicate it in some manner? Is the idea of creation somewhat diminished, even though the existence of AI requires in and of itself creativity? Will there come a time when human creativity is rendered unnecessary by this AI, and all of our content is generated by machines designed to optimize your enjoyment of it?

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New Proposed Law Would Make Copyright Violations a Felony

louis-velazquez-XWW746i6WoM-unsplash-1I wrote just last week about efforts to place some measure of copyright reform, along with other dull or unpalatable legislation, inside the new spending bill that is grinding through Congress at a pace that can be considered less-than-glacial, given the effects of global warming. To recap: the CASE Act is a flawed attempt at improving existing copyright law with what would be a copyright small claims court, likely opening it up to more abuse on the part of bad-faith actors rather than less, and the danger presented in this anodyne, pro-forma bit of bundling is that no one will care enough about something like IP law to hold up overdue COVID-19 relief.

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Streaming Site Liable For Copyright Infringement of Users

neonbrand-plrlb68XPqI-unsplashGiven what we’ve seen of how people can behave online, it’s probably good and almost certainly necessary that some protections exist for platforms and internet service providers. That’s not to absolve the likes of, say, Facebook from moderating what’s posted on their site, or taking steps to prevent the violation of laws on the part of users to a reasonable degree; it’s simply to note that even with the best efforts of these companies (which, to be clear, we almost certainly aren’t seeing) there’s not much to be done should people decide to do whatever they want, rules be damned.

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F1 Driver Lewis Hamilton Loses Trademark Appeal in EU Court

carl-jorgensen-Bx-dKrVq-oM-unsplashYou could be forgiven for thinking that the biggest thing going for the surname Hamilton is the Lin-Manuel Miranda-penned musical, a blockbuster of both stage (back when theaters were open) and screen (via a release on Disney+). But that would be a myopic view of both the world and pop culture, one that excludes the larger world of culture and sport. And in the interest in broadening all of our horizons, we’re heading across the pond and into the cockpit for today’s IP news.

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