Posts Tagged: "opinion"

Battle Between Newspaper Giant and Generative AI Boils Down to Definition of Fair Use

The training of artificial intelligence models using copyrighted material continues to stir debate and prompt litigation. In the latest salvo, the New York Times Company sued Microsoft and OpenAI – the creator of ChatGPT – for infringement under the federal Copyright Act. As often is the case with claims like these, the merits will center on the fair-use doctrine, a well-recognized legal principle in copyright law that aims to balance the interests of copyright holders with the public benefit of free speech and creative works. Fair use is a defense to a claim of copyright infringement that must be affirmatively invoked by the accused infringer.

Setting the Record Straight: The Truth about Patents in the Biopharmaceutical Sector

The only thing that moves quicker, disseminates further, and is repeated more often than the truth is misinformation. The more misinformation is repeated, the more challenging it becomes to distinguish truth from falsehood. A groundbreaking 1977 study termed this the “illusory truth effect”. According to the study, if “people are told something often enough, they’ll believe it.”  Simply repeating a statement makes it more likely to appear to be truthful. The impact of the illusory truth effect can be particularly harmful when those responsible for setting policy are unable to differentiate fact from fiction.

Passing PERA Assures Patent Eligibility for All Useful Inventions

Confusion and misunderstanding among some independent inventors might slow or stall progress of the excellent eligibility reform bill recently introduced by Senators Chris Coons (D-DE) and Thom Tillis (R-NC). Titled the Patent Eligibility Restoration Act (PERA), the legislation would overturn Supreme Court and Federal Circuit decisions that scrambled settled law, excluding many worthy classes of inventions, such as medical diagnostic methods and advanced computer applications.

The Fatal Attraction of Medical Device ‘Right to Repair’

The contentious issues surrounding Right to Repair are getting super-heated as the U.S. Copyright Office concludes its triennial rulemaking review of exemptions to section 1201 of the Digital Millennium Copyright Act (DMCA). Exemptions granted would be in force for three years beginning October 2024.  When is an exemption not an exemption? When it’s an exemption from common sense.

The PTAB: China’s Silent but Deadly Weapon in Its Economic War Against America

Of the many ways that the Patent Trial and Appeal Board (PTAB) works to the detriment of the U.S. innovation economy, one of the most nefarious is the Chinese government’s use of patent validity review to advance its national interests. Recent briefing filed at the PTAB suggests that the Board is quietly helping China win the war for technological supremacy during the 21st century, mainly by destroying the economic interests of American small businesses innovating in industrial sectors critical to American national security.