193 countries adopt first-ever global agreement on the Ethics of Artificial Intelligence; UN News, November 25, 2021

UN News; 193 countries adopt first-ever global agreement on the Ethics of Artificial Intelligence

"Artificial intelligence is present in everyday life, from booking flights and applying for loans to steering driverless cars. It is also used in specialized fields such as cancer screening or to help create inclusive environments for the disabled.

According to UNESCO, AI is also supporting the decision-making of governments and the private sector, as well as helping combat global problems such as climate change and world hunger.

However, the agency warns that the technology ‘is bringing unprecedented challenges’.

“We see increased gender and ethnic bias, significant threats to privacy, dignity and agency, dangers of mass surveillance, and increased use of unreliable Articificial Intellegence technologies in law enforcement, to name a few. Until now, there were no universal standards to provide an answer to these issues”, UNESCO explained in a statement.

Considering this, the adopted text aims to guide the construction of the necessary legal infrastructure to ensure the ethical development of this technology.

“The world needs rules for artificial intelligence to benefit humanity. The Recommendation on the ethics of AI is a major answer. It sets the first global normative framework while giving States the responsibility to apply it at their level. UNESCO will support its 193 Member states in its implementation and ask them to report regularly on their progress and practices”, said UNESCO chief Audrey Azoulay."

Scientific Publishing Is a Joke; The Atlantic, May 6, 2021

 BENJAMIN MAZER, The Atlantic; Scientific Publishing Is a Joke

An XKCD comic—and its many remixes—perfectly captures the absurdity of academic research.

"“The meme hits the right nerve,” says Vinay Prasad, an associate epidemiology professor and a prominent critic of medical research. “Many papers serve no purpose, advance no agenda, may not be correct, make no sense, and are poorly read. But they are required for promotion.” The scholarly literature in many fields is riddled with extraneous work; indeed, I’ve always been intrigued by the idea that this sorry outcome was more or less inevitable, given the incentives at play. Take a bunch of clever, ambitious people and tell them to get as many papers published as possible while still technically passing muster through peer review … and what do you think is going to happen? Of course the system gets gamed: The results from one experiment get sliced up into a dozen papers, statistics are massaged to produce more interesting results, and conclusions become exaggerated. The most prolific authors have found a way to publish more than one scientific paper a week. Those who can’t keep up might hire a paper mill to do (or fake) the work on their behalf...

A staggering 200,000 COVID-19 papers have already been published, of which just a tiny proportion will ever be read or put into practice. To be fair, it’s hard to know in advance which data will prove most useful during an unprecedented health crisis. But pandemic publishing has only served to exacerbate some well-established bad habits, Michael Johansen, a family-medicine physician and researcher who has criticized many studies as being of minimal value, told me. “COVID publications appear to be representative of the literature at large: a few really important papers and a whole bunch of stuff that isn’t or shouldn’t be read,” he said."

Explainer: who owns the copyright to your tattoo?; The Conversation, August 10, 2020

Marie Hadley, The Conversation; Explainer: who owns the copyright to your tattoo?

"So, why don’t tattooists sue over copying?

In some art industries, there can be a big gap between holding rights and exercising them. 

To tattooists, appropriation is mostly seen as a matter of ethics or manners rather than law...

These norms aside, copyright law does apply to tattoos. Whether or not more tattoo enthusiasts will seek an appropriate licence, as occurred in the case of Jarrangini (buffalo), or a copyright owner will sue for a rights violation, is another matter."

Montana seeks balancing act with wildlife location data, hunting ethics; Independent Record, February 6, 2020

Tom Kuglin, Independent Record; Montana seeks balancing act with wildlife location data, hunting ethics


"While GPS collars are invaluable to researchers and wildlife managers, the data they produce are the subject of debate about who should have access to the information and why. Some hunters have requested and received the exact latitude and longitude of collared animals, and that has conservation groups and lawmakers concerned about violating the edict of fair chase hunting or the potential to monetize the data."

Faculty Council discusses intellectual property rights; The Ithacan, April 3, 2019

Ashley Stalnecker, The Ithacan; Faculty Council discusses intellectual property rights

"Costa said the current policy on student work at the college differs from the typical policies of higher-education institutions. Currently, the college deems any work created by a student in a class under the jurisdiction of a professor to be the property of the faculty member or the college. Costa said this means that if the faculty memberearned any royalties, they would be required to share it with the college but not with the student who created it.

Costa said that normally among higher-education institutions, student-created work is the copyright of the student. In this case, the student would earn any royalties associated with the work. For commissioned work, the person who made the commission would own the copyright. Because the work was paid for, the person who paid for it owns the work."

The Role Of The Centre For Data Ethics And Innovation - What It Means For The UK; Mondaq, January 22, 2019

Jocelyn S. Paulley and David Brennan, Gowling WLG, Mondaq; The Role Of The Centre For Data Ethics And Innovation - What It Means For The UK

"What is the CDEI's role?

The CDEI will operate as an independent advisor to the government and will be led by an independent board of expert members with three core functions³:

• analysing and anticipating risks and opportunities such as gaps in governance and regulation that could impede the ethical and innovative deployment of data and AI;
• agreeing and articulating best practice such as codes of conduct and standards that can guide ethical and innovative uses of AI; and
• advising government on the need for action including specific policy or regulatory actions required to address or prevent barriers to innovative and ethical uses of data.

As part of providing these functions, the CDEI will operate under the following principles;

• appropriately balance objectives for ethical and innovative uses of data and AI to ensure they deliver the greatest benefit for society and the economy;
• take into account the economic implications of its advice, including the UK's attractiveness as a place to invest in the development of data-driven technologies;
• provide advice that is independent, impartial, proportionate and evidence-based; and
• work closely with existing regulators and other institutions to ensure clarity and consistency of guidance

The CDEI's first project will be exploring the use of data in shaping people's online experiences and investigating the potential for bias in decisions made using algorithms. It will also publish its first strategy document by spring 2019 where it will set out how it proposes to operate with other organisations and other institutions recently announced by the government, namely the AI Council and the Office for AI."

Trump’s bizarre statement on China dishonors us all; The Washington Post, January 11, 2019

Dana Milbank, The Washington Post; Trump’s bizarre statement on China dishonors us all

"Asked an unrelated question on the White House South Lawn on Thursday, Trump volunteered a comparison between Speaker Nancy Pelosi (D-Calif.) and Senate Minority Leader Charles E. Schumer (D-N.Y.) — and the leaders of the People’s Republic of China.

“I find China, frankly, in many ways, to be far more honorable than Cryin’ Chuck and Nancy. I really do,” he said. “I think that China is actually much easier to deal with than the opposition party.”

China, honorable?

China, which is holding a million members of religious minorities in concentration camps for “reeducation” by force?

China, which, according to Trump’s own FBI director, is, by far, the leading perpetrator of technology theft and espionage against the United States and is “using illegal methods” to “replace the U.S. as the world’s leading superpower”?

China, whose state-sponsored hackers were indicted just three weeks ago and accused of a 12-year campaign of cyberattacks on this and other countries?

China, whose ruling Communist Party has caused the extermination of tens of millions of people since the end of World War II, through government-induced famine, the ideological purges of the Cultural Revolution, and in mowing down reformers in Tiananmen Square?

Trump has a strange sense of honor. In April, he bestowed the same adjective on the world’s most oppressive leader, North Korea’s nuclear-armed dictator: “Kim Jong Un, he really has been very open and I think very honorable from everything we’re seeing.”

Now, the president is declaring that China’s dictatorship, by far the world’s biggest international criminal and abuser of human rights and operator of its most extensive police state, is more honorable than his political opponents in the United States.

In Trump’s view, your opponents are your enemies — and your actual enemies are your friends. How can you negotiate with a man who thinks like this?"

How Stan Lee Helped Bring Humanity to Superheroes; Comic Book Resources, November 13, 2018

Brian Cronin, Comic Book Resources; How Stan Lee Helped Bring Humanity to Superheroes

"Spider-Man's introduction in Amazing Fantasy #15 achieved two notable goals. One, it took the idea of Reed Richards' cosmic ray screw-up leading to the creation of the Fantastic Four to a whole other level, as now Peter Parker's selfishness almost directly led to the death of his beloved Uncle Ben, giving Spider-Man a painful reminder why he has to be a superhero and two, it took a teen hero and had him not as a sidekick or a younger version of an older hero, but as THE hero."

2018 National Trademark Exposition, July 27-28, 2018, Washington, D.C.

2018 National Trademark Exposition

The Smithsonian's National Museum of American History, in collaboration with the United States Patent and Trademark Office, will host the 2018 National Trademark Exposition.  The exposition is a free, family-friendly event where you can learn about trademarks.  It will feature educational workshops, exhibits and hands-on activities demonstrating the important role trademarks play in our economy and our lives. Children's activities, including scavenger hunts, interactive games, and trademark design workshops, will be offered both days.  Free continuing legal education (CLE) seminars will be offered for legal professionals.

Exhibitors

• 1000 Cranes, LLC
• American Intellectual Property Law Association (AIPLA)
• DC Rollergirls
• Edible IP, LLC (DBA Edible Arrangements)
• Girl Scouts Nation’s Capital
• Global Brand Council, U.S. Chamber of Commerce
• International Trademark Association (INTA)
• Looshes Labs LLC
• Microsoft
• NASA Goddard Space Flight Cente​

• National Park Service (United States Department of the Interior) and National Park Foundation
• NumbersAlive!
• Politics and Prose
• Safeway
• Segway Inc.
• Tenneco Automotive
• The National Institute on Deafness and Other Communication Disorders
• Under Armour, Inc.
• Velcro Companies 
• YMCA

My terrifying deep dive into one of Russia's largest hacking forums; The Guardian, July 24, 2018

Dylan Curran, The Guardian; 

My terrifying deep dive into one of Russia's largest hacking forums

[Kip Currier: I had a similar reaction to the author of this article when I attended a truly eye-opening 4/20/18 American Bar Association (ABA) IP Law Conference presentation, "DarkNet: Enter at Your Own Risk. Inside the Digital Underworld". One of the presenters, Krista Valenzuela with the New Jersey Cybersecurity and Communications Integration Cell in West Trenton, New Jersey, did a live foray into the Dark Web. The scope of illicit activities and goods witnessed in just that brief demo was staggering and evoked a feeling that scenes of "black market" contraband and "bad actors" endemic to dystopian sci-fi fare like Blade Runner 2049 and Netflix's Altered Carbon are already part of the present-day real-world.]

"It’s fascinating to see how this community works together to take down “western” systems and derive chaos and profit from it. Typically, hackers in first-world countries are terrified to work together due to the multiplicative risk of a group being caught. In Russia, however, the authorities don’t seem to care that these hackers are wreaking havoc on the west. They are left to their own devices, and most users on this forum have been regular members for over six years.

A lot of the information on this forum is incredibly worrying, even if a lot of it is harmless 15-year-olds trying to be edgy and hack their friend’s phones. In any case, it’s important to know these communities exist. The dark underbelly of the internet isn’t going anywhere."

When Scientists Develop Products From Personal Medical Data, Who Gets To Profit?; NPR, May 31, 2018

Richard Harris, NPR; When Scientists Develop Products From Personal Medical Data, Who Gets To Profit?

"If you go to the hospital for medical treatment and scientists there decide to use your medical information to create a commercial product, are you owed anything as part of the bargain?

That's one of the questions that is emerging as researchers and product developers eagerly delve into digital data such as CT scans and electronic medical records, making artificial-intelligence products that are helping doctors to manage information and even to help them diagnose disease.

This issue cropped up in 2016, when Google DeepMind decided to test an app that measures kidney health by gathering 1.6 million records from patients at the Royal Free Hospital in London. The British authorities found this broke patient privacy laws in the United Kingdom. (Update on June 1 at 9:30 a.m. ET: DeepMind says it was able to deploy its app despite the violation.)

But the rules are different in the United States."

Manhattan teen cartoonist prompts review of Scholastic awards’ copyright rules; amNewYork, March 5, 2018

Nicole Brown, amNewYork; Manhattan teen cartoonist prompts review of Scholastic awards’ copyright rules

"“How come the @Scholastic @artandwriting award requires kids to sign over ‘irrevocable copyright’ if they win?! And why is it hidden in the ‘Terms & Conditions’ link that no one reads? Is it weird that I think that’s wrong?” [Sasha Matthews] wrote in December...

...[T]he ability to display the work could be granted through a license, Harvard law professor Lawrence Lessig said.

“Once you enter into a license to promote the work, you have all the permissions you need,” he told amNewYork. “That’s exactly what they could have done here, but rather than entering a license, they just grabbed the copyright.”

Matthews wrote about the copyright issue for a school assignment and got it published in February on the blog Boing Boing."

Professor Tells UN, Governments Of Coming “Tsunami” Of Data And Artificial Intelligence; Intellectual Property Watch, February 21, 2018

William New, Intellectual Property Watch; Professor Tells UN, Governments Of Coming “Tsunami” Of Data And Artificial Intelligence

"[Prof. Shmuel (Mooly) Eden of the University of Haifa, Israel] said this fourth revolution in human history is made up of four factors. First, computing power is at levels that were unimaginable. This power is what makes artificial intelligence now possible. The smartphone in your hand has 1,000 times the components of the first rocket to the moon, he said, which led to a chorus of “wows” from the audience.

Second is big data. Every time you speak on the phone or go on the internet, someone records it, he said. The amount of data is unlimited. Eden said he would be surprised if we use 2 percent of the data we generate, but in the future “we will.”

Third is artificial intelligence (AI). No one could analyse all of that data, so AI came into play.

Fourth is robots. He noted that they don’t always look like human forms. Most robots are just software doing some function...

 Eden ended by quoting a hero of his, former Israeli Prime Minister Shimon Peres, who told him: “Technology without ethics is evil. Ethics without technology is poverty. That’s why we have to combine the two.”

Eden challenged the governments, the UN and all others to think about how to address this rapid change and come up with ideas.

He challenged the governments, the UN and all others to think about how to address this rapid change and come up with ideas. Exponentially."

Artist Says Kendrick Lamar Video for ‘Black Panther’ Song Stole Her Work; New York Times, February 11, 2018

Robin Pogrebin, New York Times; Artist Says Kendrick Lamar Video for ‘Black Panther’ Song Stole Her Work

"In detailing the infringement, the letter says the video contains a 19-second segment (starting at the 2:59 mark) “that incorporates not just the immediately-identifiable and unique look of her work, but also many of the specific copyrightable elements in the ‘Constellations’ series of paintings, including stylized motifs of mythical animals, gilded geometric forms on a black background, and distinctively textured areas and patterns, arrayed in a grid-like arrangement of forms.”

Nancy E. Wolff, a copyright lawyer who currently serves as the president of the Copyright Society of the USA, said that the video’s directors are likely to argue that the images in the video are not exact copies. But because the gold-on-black aesthetic of Ms. Viktor’s work “is so strong,” Ms. Wolff said, “it’s just going to look like it’s the same.”

“It’s really tricky because style is not protected,” Ms. Wolff added, “but I can see why everyone assumed this artist was involved.”"

Second Internet of Things National Institute; American Bar Association, Washington, DC, May 10-11, 2017

Second Internet of Things National Institute

"A game-changer has emerged for businesses, policymakers, and lawyers, and it's called the "Internet of Things" (IoT). It's one of the most transformative and fast-paced technology developments in recent years. Billions of vehicles, buildings, process control devices, wearables, medical devices, drones, consumer/business products, mobile phones, tablets, and other "smart" objects are wirelessly connecting to, and communicating with, each other - and raising unprecedented legal and liability issues.

Recognized as a top new law practice area, and with global spending projected to hit $1.7 trillion by 2020, IoT will require businesses, policymakers, and lawyers (M&A, IP, competition, litigation, health law, IT/outsourcing, and privacy/cybersecurity) to identify and address the escalating legal risks of doing business in a connected world. Join us in Washington, D.C., on May 10 - 11, 2017, for our second IoT National Institute, which will feature:

Overviews and demos of the powerful technology driving the legal and liability issues

Practical guidance and the latest insights on the product liability, mass tort, big data, privacy, data security, intellectual property, cloud, and regulatory issues raised by IoT

Dynamic new additions: a mock trial, a tabletop exercise, a corporate counsel roundtable, and niche issue mini-updates.

Two full days of CLE credit (including ethics credit), plus two breakfasts, two lunches (with keynote speakers), and a cocktail reception.

Our distinguished faculty includes prominent legal and technical experts and thought-leaders from companies, government entities, universities, think-tanks, advocacy organizations, and private practice. Organized by the American Bar Association's Section of Science & Technology Law, the IoT National Institute offers an unparalleled learning and networking opportunity. With billions of devices and trillions of dollars in spending, IoT is a rapidly growing market that everyone wants to get in on."

Sci-Hub Controversy Triggers Publishers’ Critique of Librarian; Library Journal, 8/25/16

Lisa Peet, Library Journal; Sci-Hub Controversy Triggers Publishers’ Critique of Librarian:

"“I was surprised that AAP would take the tactic of trying to say ‘don’t talk about Sci-Hub,’ as if ignoring the problem, or not shining light on it, would make it go away,” Joseph told LJ. “That seems kind of a backwards way to approach this issue to me, because what we’re seeing, frankly, is Sci-Hub really growing in popularity.”

Sci-Hub’s various clashes with the world of scholarly publishing, Joseph noted, is helping to raise awareness of the issues surrounding journal access outside the library walls. “It’s not just a library problem…. When researchers are going to the lengths of using an illegal resource to get access, I think it’s really showing institutions that it’s not a departmental problem. It’s an institutional problem.”

And the problem doesn’t only lie within academia, Gardner added. As a member of ALA, he said, it would be unethical for him to promote Sci-Hub’s use given the constraints of the legal system. “But I do think that copyright is far too strong, and that the system is in need of reform. The reason why services like Sci-Hub exist is because we have a copyright system which is too draconian.”

“This is an area where tempers run high, and I think that reasonable people can disagree,” he said. “There are a lot of people, scholars and librarians, who think that using Sci-Hub is civil disobedience and I’m personally very sympathetic to that argument. But it’s also obvious to me that under the current legal system, this is totally illegal.”

Gardner is working on research that he will present at ACRL’s 2017 conference, again using data from the Science survey to examine Sci-Hub’s potential impact on inter-library loan practices."

The Difference between Copyright Infringement and Plagiarism—and Why It Matters; Library Journal, 8/17/16

Rick Anderson, Library Journal; The Difference between Copyright Infringement and Plagiarism—and Why It Matters:

"TELLING THE DIFFERENCE

If you were to take Alice’s Adventures in Wonderland, change the title and the characters’ names, and pass it off as your original work, that would be plagiarism. However, there would be no copyright infringement, because Alice’s Adventures in Wonderland is in the public domain and therefore no longer subject to copyright.

On the other hand, if you were to take 50 Shades of Grey—a work currently in copyright—change the title and the characters’ names, and pass it off as your original work, that would constitute both plagiarism and copyright infringement. Stealing the author’s work in this way and selling an unauthorized derivative of it would not only be unethical; it would also be illegal.

Under U.S. law, it might be an example of stealing that rises to the level of a felony punishable by imprisonment, depending on its demonstrable financial impact on the legitimate rights holder."

31st Annual Intellectual Property Law Conference; American Bar Association (ABA), Bethesda, Maryland, April 6-8, 2016

American Bar Association (ABA); 31st Annual Intellectual Property Law Conference:

"The 31st Annual Intellectual Property Law Conference from the American Bar Association Section of Intellectual Property Law is recognized as the world's premier IP conference.

These three packed days of learning enable you to earn a year's worth of CLE credit from expert sessions presented by the leaders in every area of the profession. We offer what you need to know along with multiple opportunities to mingle with those who should be part of your network."

The Fat Jew, Plagiarism and Copyright Law; Forbes, 8/24/15

Oliver Herzfeld, Forbes; The Fat Jew, Plagiarism and Copyright Law:

"What are the differences between plagiarism and copyright infringement?

First, plagiarism is a violation of ethics and industry norms that involves the failure to properly attribute the authorship of copied material, whereas copyright infringement is a violation of law that involves the copying of “original works of authorship fixed in any tangible medium of expression,” without a license or a so-called “fair use” exemption. So claims of plagiarism would apply to any joke even if it is only conveyed in a live performance that is not recorded, while copyright infringement would not apply to any such jokes that are never recorded or published in any way. Exposure to claims of copyright infringement would only apply to jokes that are written down, captured on film or memorialized in some other physical medium, whether paper, video or computer server.

Second, plagiarism applies to the copying of both ideas and the expression of ideas, while copyright law only protects the expression of ideas but not the ideas themselves. The copyright law’s so-called “idea/expression dichotomy” can lead to a lot of thorny issues. For example, if a comedian changes the words of another’s joke and puts it into her own words, is that a copying of only the “idea” which would not constitute a copyright infringement or a “substantially similar” copying that would constitute a copyright infringement? This has led to an informal standard in the world of comedy, namely, claims of joke copying must be based on material that is highly original, not simply topical, obvious or based on common denominator topics such as mothers-in-law, bosses or airline food. In this case, however, Ostrovsky is accused of copying others’ works lock, stock and barrel. For example, in one instance, Ostrovsky copied another comedian’s image of a daily planner with time blocked off for “drugs and alcohol” and other humorous scheduled items. Ostrovsky deleted the name, social media handle and face of the author from the image but made no effort to recreate it, rephrase the wording or otherwise alter the expression of the original idea in any manner."