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Students Sue Anti-Plagiarism Service

jazzbazzfazz writes "It seems that some students in Virginia are not happy with the anti-plagiarism service Turnitin. The company checks prose submitted by its customers for signs that it has been copied in whole or part by comparing it to a large database of works that it maintains. Trouble is, it also adds the submitted prose to its files and stores it for use by the company in future scans, which the students feel is illegal use of their copyrighted materials. I think they've got an excellent case, especially since they seem to have prepared for this eventuality: they're A-students, never been accused of plagiarism, and they formally copyrighted their papers prior to their submission to Turnitin."

713 comments

  1. First Post by Anonymous Coward · · Score: 5, Funny

    First post! Oh shit, I plagiarized this.

    1. Re:First Post by Anonymous Coward · · Score: 5, Funny

      First post! Oh shit, I plagiarized this.

      (c) Anonymous Coward 2007. All rights reserved.

    2. Re:First Post by 'nother+poster · · Score: 5, Funny

      No, you didn't! It's obviously fair use.

      And that is what the company will claim, or the school will claim copyright since the schoolwork was OBVIOUSLY a work for hire.

    3. Re:First Post by Anonymous Coward · · Score: 1, Insightful
      the schoolwork was OBVIOUSLY a work for hire.

      What college pays you to go there?

    4. Re:First Post by Maxo-Texas · · Score: 1

      Are you sure you didn't independently come up with the idea of first post?

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    5. Re:First Post by 'nother+poster · · Score: 0, Offtopic

      Next time I will include the joke and sarcasm tags just for you. At least you were too embarrassed to post as yourself since you OBVIOUSLY lost your sense of humor. I'd look under the bed and behind the sofa if I was you. That's where I usually find mine after I've lost it.

    6. Re:First Post by packeteer · · Score: 1

      "All trademarks and copyrights on this page are owned by their respective owners. Comments are owned by the Poster. The Rest © 1997-2007 OSTG."

      --
      unzip; strip; touch; finger; mount; fsck; more; yes; unmount; sleep
    7. Re:First Post by LordEd · · Score: 1

      Actually, i think you have to cite it, not copyright it.

      Coward, Anonymous (2007): First Post. Slashdot.org. Retrieved March 29, 2006 from "http://yro.slashdot.org/comments.pl?sid=228657&ci d=18534579"

    8. Re:First Post by Anonymous Coward · · Score: 0, Offtopic

      Jokes are funny, sarcasm is clever and usually involves a twist on the actual truth. What you said was stupid, cliched and had no basis in fact. Don't blame the recipient for your poor skills as a humorist.

    9. Re:First Post by djh101010 · · Score: 0, Offtopic

      Lighten up, Francis...

    10. Re:First Post by Anonymous Coward · · Score: 0

      Now Bill Murray was funny, especially in the 70's and 80's. The OP could learn from that.

    11. Re:First Post by Anonymous Coward · · Score: 0

      Sorry[TM] but[TM]:
      "First post! Oh shit, I plagiarized this."[TM]


      Is[TM] trademarked[TM] by[TM] Leo[TM] Stoller[TM].

    12. Re:First Post by Lijemo · · Score: 1

      "...work for hire."

      Wait-- I was supposed to get PAID for writing papers in college? Why didn't anyone tell me this before!? What's the statute of limitations on that-- is it too late for me to claim back wages?

    13. Re:First Post by BootNinja · · Score: 1, Informative

      actually, the joke was probably referencing the fact that there are some schools out there who claim ownership of any work you do for the program. For example, some architectural schools require you to abdicate ownership of any architectural plans you create on assignment. I could see this being the case in some english or Computer science or many different disciplines in Engineering as well, although I have only ever seen it in architecture. So the OP was indeed based in fact and I laughed at the joke.

    14. Re:First Post by NeilTheStupidHead · · Score: 2, Informative

      Most colleges and universitiesdo claim that any work you submit becomes the intellectual property of the university. I don't know how well it would hold up in court, but it would likely be a horrific mess.

      --
      Lose: misplace or fail || Loose: not bound together
    15. Re:First Post by mikael · · Score: 2, Funny

      Most colleges and universitiesdo claim that any work you submit becomes the intellectual property of the university. I don't know how well it would hold up in court, but it would likely be a horrific mess.

      Look's like SCO have a new business opportunity ...

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    16. Re:First Post by Canadian_Daemon · · Score: 1

      They are highschool students

      --
      This sig is definitive. Reality is frequently inaccurate.
    17. Re:First Post by Bastard+of+Subhumani · · Score: 1

      What college pays you to go there?
      Any, if you're good at basketball.
      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    18. Re:First Post by garylian · · Score: 1

      You are quite correct. My wife is a student working on her Master's degree in elementary education, and she had to sign a half dozen papers for many of her classes, giving up the rights of the papers she would turn in.

      I can see the need for that, for some classes, since the universities will often need those papers for research data, since it's all about getting stuff published.

      I know that when I get my lazy butt back to school, there are some classes I would flat out refuse to sign such a document for. A creative writing class, or an art class, and I won't sign it.

      The hard part is that I could see how an architectual student could get burnt. Imagine having a brillant phase while in school, and having done some truly inspired work. You graduate, and you can't use those drawings for any buildings you wish to do, even though they were your own creations. Ouch!

  2. Sue the pants off them!!!! by D+iz+a+n+k+Meister · · Score: 1

    Then sell them pants!!!

    --

    He painted a unicorn in outer space. I'm askin' ya, what's it breathin'?
    1. Re:Sue the pants off them!!!! by Anonymous Coward · · Score: 0

      I think they've got an excellent case

      All the school has to do is put a "all your content is belong to us"-smallprint onte admission-applications, which it probably already has, and their "case" is done.

    2. Re:Sue the pants off them!!!! by dosius · · Score: 1

      Yes, I would think that schoolwork is "work for hire" and would be property of the school...

      -uso.

      --
      What you hear in the ear, preach from the rooftop Matthew 10.27b
    3. Re:Sue the pants off them!!!! by bubkus_jones · · Score: 1

      When they start paying me for it, or giving tuition credit/refunds for projects turned in, sure. Don't give me that "They're 'paying' us with our grades," crap, as I can't buy groceries with grades.

    4. Re:Sue the pants off them!!!! by Phisbut · · Score: 4, Insightful

      Yes, I would think that schoolwork is "work for hire" and would be property of the school...

      The student pays to go to school, not the other way around. Students hire teachers to teach them. I don't see how turning in a paper becomes "work for hire".

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    5. Re:Sue the pants off them!!!! by Luyseyal · · Score: 1

      If anything, the students own the professors' works! :)

      -l

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    6. Re:Sue the pants off them!!!! by Phisbut · · Score: 1

      If anything, the students own the professors' works! :)

      Although I know the clause isn't valid, it says somewhere on my employment contract that I can't use anything I learned at the company outside of the company, so that if I go work for someone else, I don't "steal the company's technology" or something like that.

      How weird would it be if students were considered "work for hire" and therefore they wouldn't be allowed to use anything they learn in school...

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
  3. I predict by maxume · · Score: 1

    I predict that instructors will, in the end, still be able to withhold grades if students want to belly ache. It kind of sucks that trust gets tossed out the window so quickly though.

    --
    Nerd rage is the funniest rage.
    1. Re:I predict by rainman_bc · · Score: 3, Interesting

      . It kind of sucks that trust gets tossed out the window so quickly though.

      I know people who've made most of their way through their undergrad plagiarizing papers. Not only does that mean my work is all for not, it also sets the bar higher when a prof has read 20 or 30 plagiarized papers. Not that my work's been terrible, but some of those papers are really great, and it makes it harder for me to get a good grade.

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    2. Re:I predict by CRCulver · · Score: 2, Interesting

      Not that my work's been terrible, but some of those papers are really great, and it makes it harder for me to get a good grade.

      Grade inflation in American universities is insane. Any cause to grade more strictly would only help even it out.

    3. Re:I predict by Anonymous Coward · · Score: 1, Interesting

      More like the students will be required to sign an agreement granting the instructor a non-exclusive license to the instructor and turnitin.com to use the works to catch plagiarism. No signature = no credit.

      It's ridiculous that this is necessary. Course syllabi are already like five pages long to account for whatever legalistic maneuvers a previous student used to avoid a course requirement.

      And as an editorial comment (I am a university instructor) -- SCREW these students. It is already too easy to plagiarize and too difficult to make charges stick, to the extent that many instructors decline to punishing suspected plagiarism -- it's a huge waste of their valuable time. These students are cheapening the value of their own degrees by making plagiarism even more rampant than it already is.

    4. Re:I predict by geek · · Score: 2, Interesting

      If you knew they were cheating why didn't you turn them in? Most school have an honor code and if it bothered you so much you should have talked to the professors. Personally I don't know anyone that cheats on papers, I'm an English major and that's pretty much all we do in my classes. If people were cheating I'd have encountered it at least once by now, and I haven't.

    5. Re:I predict by mrchaotica · · Score: 4, Insightful

      I'm an English major and that's pretty much all we do in my classes. If people were cheating I'd have encountered it at least once by now, and I haven't.

      Anybody who's an English major presumably wants to be one because they enjoy writing (due to the "do you want fries with that?" job prospects). Therefore, they wouldn't want to cheat anyway. In contrast, the types of majors that people who care about money rather than the subject go into, like management, probably have a much higher incidence of cheating.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    6. Re:I predict by Anonymous Coward · · Score: 4, Funny

      Hopefully in your "really great" papers you used the correct phrase, "all for naught." Keep up the good work.

    7. Re:I predict by jedidiah · · Score: 1

      We need to enforce the rules because they are being broken, therefore we need to steal from the students.

      Great logic there...

      --
      A Pirate and a Puritan look the same on a balance sheet.
    8. Re:I predict by geek · · Score: 2, Interesting

      Between my 5 English courses this semester I've written 16 papers in 10 weeks. Thats a little lower than last semester and my experience isn't unique. If you think English majors aren't tempted to cheat with a load like that you're kidding yourself, and by sheer odds, even if they were less likely too, the increased volume of work would still bring some out of the wood work. Fact of the matter is, far fewer people cheat than these people claim. Which still doesn't address my point to the OP, if the OP knew there was cheating, why wasn't the professor informed?

    9. Re:I predict by rainman_bc · · Score: 1

      If you knew they were cheating why didn't you turn them in?

      Because life gets people like this in the end. They'll get into the real world and not be able to put together coherent sentences or cogent arguments. For me, getting a B+ instead of an A isn't going to kill me...

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    10. Re:I predict by HomelessInLaJolla · · Score: 1

      I've long suspected that the respective industries use college students for free research and development. Students rarely know the larger business implications of the theses or projects they are working on and, through business associate of an insurance rep for a prominent professor type relationship, it'd be pretty easy to funnel ideas from a west coast university to a corporation in New York which delegates the idea to a development group in Switzerland. It works out even more in the favor of the industry if the best students are further saddled with student loans and cannot invest the time necessary to track their own ideas.

      --
      the NPG electrode was replaced with carbon blac
    11. Re:I predict by geek · · Score: 1

      Yet you posted here saying exactly the opposite in the original post. I call shenanigans.

    12. Re:I predict by billsoxs · · Score: 2, Insightful

      I have had students tell me that they suspect someone.... I have then gone and looked for evidence. I have caught students sometimes and sometimes I don't. I do however ask students to let me know - in class. Pointing out that it is in the student's best interest to get rid of cheaters. Cheaters only hurt a school's reputation which in turn hurts a student's BS. Go figure. (I also have a board with 'kills' on it - not unlike a pilot in the air force. The students know what it represents. It does work.)

      --
      This message was brought to you by "Lack of Sleep."
    13. Re:I predict by Anonymous Coward · · Score: 0

      The papers were formally copyrighted, entitling the students to the statutory $150,000 per infringement, in addition to any actual damages.

      The teachers won't withhold grades if they don't want to be named as respondents/co-defendents in the suits. Also, if found guilty, they could lose tenure. It won't be a case of "explaining" it - many universities have a policy of firing people who get them into major lawsuits.

    14. Re:I predict by maxume · · Score: 1

      I sort of meant in general. The students here can go ahead and win, and then in the future, instructors can go ahead and say(and they will get the backing of their institutions), "Grading will only be done when permission for submittal to turnitin has been granted". Blah, blah, blah, students wouldn't attend such a horrible place; well, yes they will, because that's the way it will end up everywhere in the long run.

      --
      Nerd rage is the funniest rage.
    15. Re:I predict by fahrbot-bot · · Score: 1
      Anybody who's an English major presumably wants to be one because they enjoy writing (due to the "do you want fries with that?" job prospects).

      Actually, my wife had a BA and MA in English. A degree in your field was required (and an advanced degree encouraged) to be a high-school teacher in the state of New York (where she grew up). Such is not the case on other states (like Virginia) which only require an Education degree, with coursework in your intended field, though this is now changing.

      Susan eventually taught every grade level from 5th through college. One high school here offered dual enrollment with a community college, but required the teacher to have a Masters in English. Only two people in the school qualified to teach it, my wife and the principal.

      She ended up teaching Gifted students here in Virginia Beach (5-15 to a class) and her salary was about 70k.

      --
      It must have been something you assimilated. . . .
    16. Re:I predict by mrbooze · · Score: 4, Insightful

      My wife is an adjunct professor at a university, and she pretty routinely nails at least 1 or 2 students for blatant plagiarism per class.

      She doesn't use any special software or tools though, it's almost always obvious, such as when a student suddenly starts spelling words correctly they have never spelled right all semester, or using coherent sentence structures, etc, and usually googling a few snippets of the questionable paper turns up the plagiarized sources. (Yes, people just copy/paste from wikipedia and other sources without citing it and try to turn it in as their own.)

      So, basically, this tool kind of sounds like it's more for professors that are too lazy, unobservant, or overworked to actually recognize their own students writing after a whole semester. And I guess for busting the genuinely clever plagiarists who are buying papers all semester long that they know haven't been published elsewhere online.

    17. Re:I predict by Anonymous Coward · · Score: 0

      I used to work in a university in the UK [which might be different], and there, the professors didn't want to know, unless you had absolutely cast iron proof. And even then ... To demonstrate plagiarism, you had to find it. Then you had to have a hearing at the department level. This would involve a staggering amount of paperwork. Then you would have a hearing at the university level, with a similar amount of paperwork. The people at the university level really didn't want to have to deal with an external hearing (which is what would happen if the student appealed again, and why wouldn't they?). So the student would get a slap on the wrist and be told not to do it again. I would often grade work that I (and others) were fairly sure was plagiarised. But we couldn't find it, and when we did find it, it made no difference. I'm sure the folks at turnitin have thought about this anyway. It's going to be a minor distraction, not a major problem.

    18. Re:I predict by TheGreatHegemon · · Score: 4, Interesting

      I once got into a discussion about Turnitin with a good college professor of mine. The specific program she was teaching required use of Turnitin - but she didn't use it. She told the entire class, directly, that Turnitin isn't how they find cheaters - it's by reading the students paper and _seeing_ obvious changes in style/diction. Some students still do "cut & paste" plagiarism, though it's a lot rarer now. "Cut, reword, & paste" plagiarism is still not noticed by Turnitin. People must always remember that "cut & paste" plagiarism is only *one* form of plagiarism. Technically, it's illegal to take a fact without citing it. Turnitin fails here as well. Most importantly, however, are that you can have false positives, or just plain database glitches. There was one fellow who was brought in because Turnitin red flagged his paper. Thankfully, he realized it wasn't even his paper - there had been a database glitch. A less observant student & less comprehending staff could have *ruined* that student. These students aren't suing out of want for money (well, they might be for a bit), it's because the system shouldn't be required and, frankly, can cause harm. No system of courts, be it in school or in life, should find even one innocent guilty - even if it means a hundred guilty go free (I should cite this, but I fail to recall who said it).

    19. Re:I predict by mrscorpio · · Score: 1

      "All for not"

      Are you SURE you did your own work in college?

    20. Re:I predict by Score+Whore · · Score: 5, Funny

      My wife is an adjunct professor at a university, and she pretty routinely nails at least 1 or 2 students for blatant plagiarism per class.


      Don't take this wrong, but I think I want to be in your wife's class. I can plagiarize with the best of them and if my punishment is to be nailed by the teacher....
    21. Re:I predict by FatAlb3rt · · Score: 1

      An English major with a 4-digit ID? When did you join /., when you were 12?! Now for my troll comment - apparently you have someone else proof your papers for grammar. ;)

    22. Re:I predict by Anonymous Coward · · Score: 0

      therefore we need to steal from the students

      Can you point to anywhere in the parent post where it was suggested to deprive the student of intellectual property rights concerning his or her work? The proposed license is non-exclusive, and nobody is proposing to make the work publicly available -- just to store it in a private database.

    23. Re:I predict by treeves · · Score: 1
      IIRC, Slashdot had a story within the last year reporting on a survey that indicated rates of cheating among various disciplines and all had significant amounts of cheaters.

      OK, I googled it and it said that business students cheat more but 56% vs. 40% is not like night and day, IMO.

      --
      ...the future crusty old bastards are already drinking the Kool-Aid.
    24. Re:I predict by geek · · Score: 1

      I took a few years off from school during the dot com craze. I made a decent living and now I'm back doing what I actually like, writing. You would be surprised but the majority of my grammar is passable. As an author we're allowed a great deal of flexibility in the interest of "style." Grammar itself isn't the strict set of rules people often think. There's a lot involved, including slang, accent and an array of other things. Plus it's a forum post, a degree of laziness is acceptable.

    25. Re:I predict by Anonymous Coward · · Score: 0

      That is so different from my Canadian experience that I'm having trouble believing you.

      We were told we'd be hunted to the ends of the earth and employers would be cold-called with tails of our indiscretion should we ever be caught cheating. And then examples were shown of people who had just that happen to them.

    26. Re:I predict by digitig · · Score: 1

      Well, I'm an English major (in the academic, not military, sense), and although I have a high ID I am over 50. It's called adult learning (and yes, I am doing it for the fun of it; my electronics and computing degrees pay the bills).

      --
      Quidnam Latine loqui modo coepi?
    27. Re:I predict by porcupine8 · · Score: 1
      trust gets tossed out the window so quickly

      No kidding. And on such shaky grounds. I mean, how many three-page essays on imagery in Hamlet or the three branches of the US government can possibly go into this database before it starts throwing out a ton of false positives? I guess at least if it gets questioned too many times, teachers will stop using it.

      --
      Warning: Apple/Nintendo fangirl. Likes her electronics cute & cuddly. May be rabid.
    28. Re:I predict by Anonymous Coward · · Score: 0

      GP may not be able to write, but you can't read. *The plagiarized papers* were the ones that were "really great".

    29. Re:I predict by toadlife · · Score: 1

      As an author we're allowed a great deal of flexibility in the interest of "style." Grammar itself isn't the strict set of rules people often think. I take it you're in the MFA department. ;)

      My wife is a MA student working on her Masters in English.
      --
      I don't always use unix-like operating systems; but when I do, I prefer FreeBSD.
    30. Re:I predict by VisceralLogic · · Score: 1

      Actually, I think he said the other papers were really great. But keep up the great reading!

      --
      Stop! Dremel time!
    31. Re:I predict by geek · · Score: 1

      I'm not quite there yet. Just delved into the theory classes a couple semesters ago.

    32. Re:I predict by tmarthal · · Score: 1

      I gave a paper in college to a friend of a friend in 1998. I had taken the same class as her 1.5 years prior with the same exact professor. I assumed that the girl was going to use my paper as a reference, but instead that crazy bitch just re-typed the thing in and submitted it. That could be why I didn't want to turn her plagarism in, I assumed the grey area of 'reference', but when she submitted it that way I felt that I could not turn her in without one of two things happening 1) ruining my own repuation or (more important at the time) 2) having all of her _hot_ friends hate me as well. It was an impasse, so I just let her go even though I felt that I violated some principles.

      The most fucked up thing: I got a 95 on the paper and she received a 97.

    33. Re:I predict by rainman_bc · · Score: 1

      Totally OT, but here in Canada, teaching is such a cutthroat profession that it's almost impossible to get a teaching job unless you are a Sciences teacher. My wife has a BA in Geography with an English Minor and a B.Ed, and she can't get into a school to save her life... She caught in the paradox of experience. And worse yet she can't go for her masters because she can pretty much kiss her teaching career good-bye because of the pay hike you get. No one gives an inexperienced teacher jobs here it seems. You either need math or science. Good on your wife.

      Any jobs in her state? Here in Canada the message boards are rife with out of work teachers grumbling over the lack of teaching jobs...

      --
      09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    34. Re:I predict by Achromatic1978 · · Score: 1

      Wouldn't fly in Australia. Truth is not an absolute defense in libel/slander, particularly where the only reasonable intent of your action was to damage character.

    35. Re:I predict by Anonymous Coward · · Score: 0
      Not only does that mean my work is all for not,....

      It sure does, especially if you're an English major who should be familiar with the English phrase "all for naught".

    36. Re:I predict by Bonewalker · · Score: 0, Offtopic

      It is hoped in your "really great" replies, you remember that "hopefully" in the manner in which you used it, is incorrect.

      http://www.englishchick.com/grammar/grcomm.htm#hop e

      P.S. Don't even bother proof-reading the blog-o-novel in my sig...I'll readily admit it has copious errors. :)

    37. Re:I predict by Yartrebo · · Score: 1

      "Technically, it's illegal to take a fact without citing it."

      Most certainly not, and how do you cite a fact. g is about 9.8 m/s^2 because it is so, not because Newton says so. Now written material, like a paragraph taken from one of Newton's books, must be cited to avoid plagiarism, though AFAIK that is just a University rule and a moral rule, not a legal requirement.

    38. Re:I predict by numatrix · · Score: 2, Insightful

      While I generally agree with what you wrote, I think you either misspoke or have a misunderstanding of copyright.

      Technically, it's illegal to take a fact without citing it

      Facts can't be copyrighted. For my citation, see any commonly accepted explanation of copyright ever written. Given that, I have no idea how you can conclude that it's illegal to take a fact without citing it.

      Maybe you're not talking about copyright, but rather common courtesy and the standards of research that most professions self-police themselves with? If so, it's got nothing to do with law.

    39. Re:I predict by Etherwalk · · Score: 1

      Um... No.

      English is often one of those "default" majors that students choose when they really don't know what they want to do. More than half of all students switch majors once coming to college, remember, and most people coming out would have taken different courses if they were going for the first time. A lot of people don't know what they want to do, and sometimes those people happen to like English.

      Also, English majors tend to do reading more than writing, and discussion and analysis of reading. Writing is actually a very small component of an english major, most of the time. (You write papers in almost any field. Though you might do it a little earlier in English.)

      At my school, Economics was the strong default major for men, and Psychology, with English as a second, was the strong default major for women.

    40. Re:I predict by gripen40k · · Score: 1

      Grade inflation in American universities is insane. Any evidence to back this up, or are you just saying this 'cause you've experienced it firsthand?
      --
      Har?
    41. Re:I predict by RM6f9 · · Score: 1

      Benjamin Franklin thought "that it is better [one hundred] guilty Persons should escape than that one innocent Person should suffer."

      http://www.law.ucla.edu/volokh/guilty.htm

      --
      Take the 90-Day Challenge! http://rwmurker.bodybyvi.com/
    42. Re:I predict by ect5150 · · Score: 2, Insightful

      Why is it I see just as many Comp Sci students copying code from a site online as I do in the business classes? Cheating is across the board and is not dependent upon a given 'major,' ... we're talking about a persons morals and values, not where their interests lie.

      --
      I have never let my schooling interfere with my education.
    43. Re:I predict by bluepinstripe · · Score: 1

      And I guess for busting the genuinely clever plagiarists who are buying papers all semester long that they know haven't been published elsewhere online.

      I'm curious, given the degree of grade inflation currently practiced in US universities, Why is buying a paper for you class any worse than the four years the student is spending buying their diploma? At least these papers are reasonably priced?

    44. Re:I predict by Anonymous Coward · · Score: 5, Funny

      You obviously haven't seen his wife.

    45. Re:I predict by unity · · Score: 1

      " it's almost always obvious, such as when a student suddenly starts spelling words correctly they have never spelled right all semester, or using coherent sentence structures, etc,"

      If students are turning in papers at the University level with incorrectly spelled words and incoherent sentence structures, then they don't belong there. You're whole post was so sad; it was almost insulting. :(

    46. Re:I predict by Internalist · · Score: 2, Insightful

      [...] the types of majors that people who care about money rather than the subject go into, like computer science probably have a much higher incidence of cheating. Fixed that for you.

      (For the record, I took Computer Science at McGill. It's a good program. Cheating was rampant)
      --
      Research is what I'm doing when I don't know what I'm doing. -- Wernher von Braun
    47. Re:I predict by shaitand · · Score: 2, Insightful

      'Grade inflation in American universities is insane. Any cause to grade more strictly would only help even it out.'

      That isn't my experience at all. My experience is that my grades on papers had little relation to the quality of the paper and a great deal of relation to whether or not what I wrote was what the professor wanted to hear. There were professors who had an unspoken list of criteria for a paper and you could have the most well-thought, insightful, creative, and firmly cited paper and it wouldn't matter. Only the criteria.

      In other cases I have seen brilliant papers thrashed for minor spelling and grammar errors. I am talking about papers submitted in Science and Philosophy courses not English and Literature related courses.

      My favorite are the Republican and Christian professors who give poor grades on papers that challenge their Christian teachings, the importance of Christian philosophy, etc.

      I am a very stubborn and uncompromising individual. When I encountered professors who exhibited these behaviors I'd just drop the class (warning, that isn't cheap especially if you don't catch on to the problem early) and take the same course under a different professor. Miraculously dodging these bunk academics left me with a 4.0 on a 4.0 scale.

    48. Re:I predict by Anonymous Coward · · Score: 0

      Personally I don't know anyone that cheats on papers, I'm an English major and that's pretty much all we do in my classes. If people were cheating I'd have encountered it at least once by now, and I haven't.

      You don't know who is and isn't cheating because the cheaters are smart enough to not let you find out. I used to kill people like you back in Vietnam. For your sake, I hope I don't cross paths with you in the near or distant future.
    49. Re:I predict by Anonymous Coward · · Score: 0

      In contrast, the types of majors that people who care about money rather than the subject go into, like management, probably have a much higher incidence of cheating.
      It is not cheating. It is delegation!
    50. Re:I predict by geminidomino · · Score: 1

      "Cheating" is a course in of itself on a business track.

    51. Re:I predict by Anonymous Coward · · Score: 0

      Damn. That's pretty stiff punishment for cheating.

    52. Re:I predict by mrchaotica · · Score: 1

      Nah, that was true during the dot-com bubble. Nowadays seems to be all about management (which is why you see all the ads for MBA programs).

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    53. Re:I predict by Anonymous Coward · · Score: 0

      I work as a staff member in the online education department at a university. We maintain the system faculty use to host their courses online.

      We once had an associate professor plagiarize from the internet to create online content for her entire *course*.

      I'd like to say she got more than a slap on the wrist, but she's still working there.

    54. Re:I predict by mrchaotica · · Score: 1

      I would say that those (poor, misguided) students still think it's the bubble, and that CS is a high-dollar major.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    55. Re:I predict by mr_matticus · · Score: 1

      Just to play devil's advocate for a bit...Turnitin is not an automatic system. Students with flagged papers are not automatically hauled in for questioning. Turnitin's algorithms also do detect a fairly high number of "cut reword and paste" plagiarism. It is far more than a simple search engine, and the reports it generates are merely tools to assist professors in pointing out potential problems.

      When the instructor receives the report, it must be reviewed for findings. The Turnitin report will flag quotes as a match (because they're verbatim copies of other works), since the database contains academic research papers along with a wide body of other academic materials as well. No one gets hung out to dry based on a database query.

      In an environment where you have dozens or hundreds of papers and little to no personal knowledge about your students themselves, relying on syntactic variation and style changes is not reliable.

      That said, I don't believe students should be forced to use the system without opt-out provisions, and I do believe that Turnitin does benefit from the "voluntary" submission of works to its databases (more papers means greater detection accuracy and therefore better performance and more money as a result). That said, Turnitin does have disclaimers, and being forced to use a service is the problem, not the existence of one.

    56. Re:I predict by Petrushka · · Score: 1

      Sorry to disillusion you, but I teach at a university and I can confirm the GP's depiction. Being incapable of reliably constructing a coherent sentence is par for the course. I'm teaching a language course at the moment and most 18-year-old students can't detect the verb in the sentence "Why is the sky blue?" (I kid you not, about a third of 18-year-olds will identify "blue" as the verb. Another third will claim there is no verb. But I digress.) I've taught at universities in three first-world anglophone countries and it's pretty much the same in all of them.

      However, almost no university anywhere can afford to turn away students, no matter how poorly-educated they are.

    57. Re:I predict by Demiansmark · · Score: 1

      Too lazy, unobservant, or overworked? Many lower level courses consist of a professor and one or more TAs responsible for reading through hundreds of papers in a span of a couple days to a week, moreover the writing assignments in these basic classes (Think "Into to International Relations", "Intro to Ethics", etc) the paper assignments are pretty run of the mill and it is very unlikely that one would even recognize a particular student let alone their writing style.

      When I taught these kinds of courses, if a paper contained phrases that were a little too well constructed I would generally type part of the paper into Google and see if it was pulled from Wikipedia, a news story or from some other source, but using this method, each time I was suspicious of a paper would set me back 10 - 15 minutes, which quickly added up. I've never used an anti-plagiarism service but I think that there would be a lot of value in doing so as a first run to flag possible offenders for me to then investigate more fully.

      This was at the University of Florida and while I don't believe there to be much educational value in these classes with hundreds of students, classes of that size are common at most major universities. In these kinds of underclassmen classes plagiarism and all sorts of other methods of cheating is rampant. I agree that you would likely be able to tell a plagiarized paper in a upper division course with less than twenty students where papers are expected to be more original and nuanced but those types of courses only account for probably less than half of the courses at any large university.

    58. Re:I predict by icebrain · · Score: 1

      Depends on the university...

      --
      The meek may inherit the earth, but the strong shall take the stars.
    59. Re:I predict by JavaRob · · Score: 1

      However, almost no university anywhere can afford to turn away students, no matter how poorly-educated they are. Wait, what? You mean almost all universities have a 100% acceptance rate?
      Alas, no -- they are turning away plenty of students with writing skills that are even worse than what you see.
    60. Re:I predict by shutdown+-p+now · · Score: 1

      It's not illegal, of course, but it still falls under the academic definition of plagiarism. I think that's what was meant.

    61. Re:I predict by Anonymous Coward · · Score: 0

      You're whole post was so sad; it was almost insulting. Almost as sad as someone who doesn't know the difference between you're and your.
    62. Re:I predict by Anonymous Coward · · Score: 0
      OK, I googled it and it said that business students cheat more [slashdot.org] but 56% vs. 40% is not like night and day, IMO.

      Fuck, no, but Bush stole an election by far less than that. Now see what we have to deal with.

  4. Uh... no. by mark-t · · Score: 0
    In general, any content that you submit as part of a course becomes the intellectual property of the school, unless they explicitly say otherwise.

    So I expect these students will be S.O.L.

    1. Re:Uh... no. by fotbr · · Score: 3, Informative

      Not like that at any school I've been to.

      Now, around here it IS fairly common for clauses specifying ownership of IP to be present for faculty and research staff, but not for students.

    2. Re:Uh... no. by Anonymous Coward · · Score: 0

      In general, any content that you submit as part of a course becomes the intellectual property of the school, unless they explicitly say otherwise.

      Actually, in general, in my limited university experience (BSc, MSc, PhD) at 3 different schools that is not the case.

      Students retain copyright ownership. Patents are usually diffent - the school wants a percentage of the profits.

    3. Re:Uh... no. by jhfry · · Score: 1

      I don't believe that is entirely true. I don't think it necessarily becomes the schools property, especially if the authors specify alternate copyrights. In addition, I don't believe that the school can use your work for absolutely any purpose they wish, which tells me that they are granted limited rights (educational use?) however they are not made THE copyright holder.

      Of course I could be wrong.

      --
      Sometimes the best solution is to stop wasting time looking for an easy solution.
    4. Re:Uh... no. by stinerman · · Score: 4, Insightful

      Can you show me a cite that backs up your position or did you just pull that out of your ass? That might be the case in Canada (I noticed the .ca email address), but this is a case in the states.

      I signed no contract in primary or secondary school that said my work is the property of the school, and copyright law has no provision that makes such a theory true. The closest thing that comes to mind is works for hire. And I don't think any copyright attorney would argue such an asinine position.

    5. Re:Uh... no. by Eivind · · Score: 1
      Uhm, no. In general any creative work is copyrigthed by the person who created it. Unless some agreement is in effect to change this.

      So, the school would own the coprigths only if they had prior agreements with all students to this effect. Personally I'd consider that completely batshit insane, seeing as schools don't generally pay students, but I realize parts of the US school-system is somewhat different.

    6. Re:Uh... no. by Anonymous Coward · · Score: 0

      I believe it is similar to "work for hire", except your are granted credit for the class rather than pay. The school owns the copyright if you submit something to fulfill the requirements of the course.

    7. Re:Uh... no. by TheRaven64 · · Score: 2, Informative

      This is a dupe, and it was discussed in some length when it first appeared. For what it's worth, my university (in the UK) had a clause stating that the copyright on all submitted coursework was owned by the university. Your might have too; quite a few of my contemporaries didn't notice its existence.

      --
      I am TheRaven on Soylent News
    8. Re:Uh... no. by Joe+The+Dragon · · Score: 1

      more like you pay to work and they give a work review.

    9. Re:Uh... no. by pimpin+apollo · · Score: 1

      No. This is completely untrue in the U.S. I have no clue what Canada's law is.

      In the U.S., however, transfers of a copyright (which means assignments or exclusive licenses) must be made in writing and generally have to be explicit about it. Additionally, students are not employees and so they're not covered by work for hire.

      There is a good possibility though that students are, however, giving an implied license to the school. This means that the school can use their work non-exclusively in ways that the implied license would permit. This is a far cry from "any content that you submit as part of a course becomes the intellectual property of the school, unless they explicitly say otherwise."

    10. Re:Uh... no. by Anonymous Coward · · Score: 0
      Unless some agreement is in effect to change this.

      Buried in the fine print of all that paperwork you sign for college is usually a disclaimer to that effect, though most profs will secure permission in advance. I believe it does allow for exemptions if the student calls it out (and since they explicitly claim copyright, they might qulaify). But since the news report said they were high school students, I doubt they have signed such an agreement (colleges are much more aware of these issues and usually grab all the righst they can)

    11. Re:Uh... no. by mrchaotica · · Score: 3, Insightful

      Of course, all that's irrelevant because this case concerns public high schools, not universities.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    12. Re:Uh... no. by Idaho · · Score: 1

      In general, any content that you submit as part of a course becomes the intellectual property of the school, unless they explicitly say otherwise.


      Says who? I'm genuinely curious, because people at your school or university telling you this, doesn't necessarily make it so.

      This may depend on country, I don't know...can you point out any laws or precedents where this issue came up?

      Because I don't know of any. (admittedly this doesn't say much at all as IANAL).

      In principle you have copyright on everything you write, unless you do it as part of a (paid) job because in such cases you usually signed a contract that states any work you do [in company-paid time] becomes property of your employer. Also, you can explicitly transfer the copyright to someone else - this is what you usually (have to) do to get your work published in a journal, book or (scientific) proceedings. Because if you don't, they are not allowed to print/distribute it. I don't remember ever signing such a "contract" with schools or universities I attended in the past though...
      --
      Every expression is true, for a given value of 'true'
    13. Re:Uh... no. by drinkypoo · · Score: 2, Informative

      I signed no contract in primary or secondary school that said my work is the property of the school, and copyright law has no provision that makes such a theory true.

      You cannot even be party to a contract until you achieve majority.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    14. Re:Uh... no. by stinerman · · Score: 1

      Technically I believe you can, but minors can break contracts for any reason or some other such reason.

    15. Re:Uh... no. by drgonzo59 · · Score: 1

      Oh. so not only do the universities get a buttload of money from the students, they also can publish the best literature or history papers and exams and make a profit off of it (because that is what it means for them to have all the rights to your intellectual property).
      I, for one, don't remember ever signing my rights over to them, ever agreeing to it and I don't remember the professors wanting to keep my work after it has been graded.

    16. Re:Uh... no. by Anonymous Coward · · Score: 5, Interesting

      When I was at university, a fellow student was almost expelled for plaigarism, after turning in a copy of his own homework. Here's the deal:

      This was the second time he had taken the class, and he still had all his coursework from the prior semester. Instead of redoing one particular assignment, he simply turned in what he had done for the same assignment the prior semester (for which he had scored well). The professor gave him a failing grade and reported him for plaigarism.

      His argument: He had done the work himself, he should be able to turn it in.

      The school's argument: Per the contract, all work submitted by students becomes the intellectual property of the university. Upon first submission, the intellectual property rights were transferred to the university. Upon second submission, the work was now in violation of plaigarism rules, as it consisted entirely of intellectual property belonging to the university.

      In the end, the schoolboard decided on leniency, and allowed him a short period to repeat the assignment, but made it well-known that this would not be tolerated in the future.

    17. Re:Uh... no. by The+MAZZTer · · Score: 1

      IANAL, but the students knew that when they turned in their papers that they would be submitted to Turnitin. By turning in their papers it was an implicit agreement; they could have easily turned down the submission to Turnitin by not... turning it in! It seems like a simple, implicit terms of use by the school/college/whatever it is.

      Not sure if any of that has any basis in legal reality, but surely I'm at least close to something?

    18. Re:Uh... no. by StikyPad · · Score: 1

      Sleeping on librarians?

    19. Re:Uh... no. by neoform · · Score: 1

      i'm in canada and i've never heard of any such laws either.

      --
      MABASPLOOM!
    20. Re:Uh... no. by rucs_hack · · Score: 2, Interesting

      Two papers I wrote as a phd student are now behind pay for access portals, where they charge $30 for a single copy, or a subscription.

      Do I get a penny of this? Nope, and do I get free access as the Author? Nope.

      Did they ask for my permission? Nope.

      Its the standard way papers are distributed in the academic world. I think it's unfair as it stands, although I recognise they have some need to recoup their storage/indexing costs.

      Incidentally, I started my phd with the explicit requirement that all software instantiations of my research that I created were to be released under the GPL, and that no-one else had control over my findings. I had an understanding supervisor, and the prerequisites were accepted.

    21. Re:Uh... no. by Anonymous Coward · · Score: 0

      By turning in their papers it was an implicit agreement
      1) That will not fly. Think about the "click-through EULA" that have been deemed almost legally unenforceable, and you actually have to click something. 2) If they did not turn in the paper they could get an 'F', presumably. Hm, I do not think that constitutes a "fair and equitable agreement." To use a horrible analogy, I hold a gun to your head and have you sign a contract. Is that contract legally enforceable if you had to sign it under duress? No. I think the same could/should apply here.

    22. Re:Uh... no. by Bender0x7D1 · · Score: 1

      You may not have signed anything, but I bet your parents did. All sorts of things have to be signed in order to enroll a student into a primary or secondary school and you wouldn't have done it because you were still a minor. Now, since they were using the plagiarism service, it is likely that some clause regarding this company, and its use, were in there. IANAL, but I assume it was something like: "I agree that JOHNNY'S homework may be submitted to the Turnitin service for verification, and may be used in accordance with the agreement between OUR SCHOOL and Turnitin."

      Once a parent or guardian has signed the paperwork, there is no legal right to prevent Turnitin from using it. I can copyright it all I want, but the right to use it is already given. Just like I can't open source code and then "change my mind" and demand it back. Now, if this isn't the case, I have no objection to their ability to determine fair-use doesn't include Turnitin. I'm just pointing out that it is quite possible that some clause was in the paperwork and the parents signed it anyway because if they didn't, they couldn't enroll their child in the school.

      --
      Reading code is like reading the dictionary - you have to read half of it before you can go back and understand it.
    23. Re:Uh... no. by russotto · · Score: 4, Insightful

      If that was the school's argument, it was pretty weak. If the school was in the US, the work could not become the university's property without an explicit written transfer; university policy is not sufficient. Further, even if turning in his own work was technically copyright infringement, it would not be plaigerism. They aren't the same thing. Plaigerism is the use of another's work without giving credit for it. You can plaigerize work in the public domain, and you can infringe copyright while giving full credit.

      Of course, university disciplinary boards aren't known for their attention to fairness and justice, so I'm not surprised.

    24. Re:Uh... no. by hazem · · Score: 1

      I just started going back to school at Portland State University in Portland, Oregon.

      The current bulletin only mentions "ownership" in class descriptions and on the page about residency.

      "copyright" is mentioned on the doctoral thesis page:
      7. Microfilming of the dissertation is mandatory
      for doctoral candidates. An abstract, which may not
      exceed 350 words, must be submitted to the Office
      of Graduate Studies with the University Microfilms
      International agreement form. The charge for this
      service is $55, payable at the Cashier's Office, after
      picking up the necessary forms in the Office of
      Graduate Studies. Copyrighting of the dissertation
      is optional, at an additional charge of $45, payable
      at the Cashier's Office.


      And there are a couple more mentions of copyright for the dissertation (no explanation about what the $45 really gets you, as I thought once you put your creative work in tangible form it was automatically copyright-protected). There are also a couple class listings covering copyright.

      "intellectual property" only shows up in a class listings.

      "property" mentions buildings
      - submitted transcripts become the property of PSU, along with all other registration/application records
      - and appears in course listings

      Nothing about transferring ownership of assignments is in the application either.

      So, if the application (the document I signed) and the catalog are the binding legal documents for my work at the university, then at least at PSU, there is no indication that I'm required to hand over all of my work to the university in order to actually pass my classes.

    25. Re:Uh... no. by Anonymous Coward · · Score: 5, Interesting

      Lucky you. In a rather dull undergrad level archaeology course, I was required to submit a term project which basically needed to be a method/program/etc. for a "novel" invention/improvement for archaeologists.

      The professor passed out papers to be submitted with the final work which assigned rights to the University. I refused to sign. I made what I thought was an intelligent and calm case for my point -- immediately shot down, and received an automatic F (even though I submitted the work, and suspecting there to be a problem did so at the faculty office where I received signed proof it was submitted on time).

      While most ideas were probably stupid in the great scheme of things, this was obviously a fishing expedition by the professor to hope to get a great idea.

      Later, another professor wanted to use my idea from the paper. Lacking automatic license, we discussed it, discussed the other professor's actions, etc. The end result was the legal team for the school voiding all that professor's agreements under fear of liability for unjust enrichment and other abuse of power type of laws -- and his tenure was revoked. And, ta dah -- the Chair of the department adjusted my grade.

      But, I did happily sign a LIMITED license for the University to use my program free-of-charge on that specific project --- when I was asked, explained what it was to be used for, and treated with the respect that just because I was an undergrad doesn't mean they have everything and I have nothing.

      That being said -- clearly it's not automatic that the school gets rights to the work, nor can you be forced to assign rights unless the school exchanged something for them (or it was a condition of admission, etc.). But, obviously there needs to be SOME wiggle room to allow academic growth (should I be able to sue because my professor gave my paper to someone else because he thought it was either really good or really bad and it wasn't implied he would be sharing them?)

      It all comes down to respect and asking permission, if you ask me. Given the option of 1- using Turnitin and getting a grade quicker and not having to submit rough drafts, research, etc. -- or 2- Submitting 2 rough drafts and documentation of research with your paper --- most students would probably use Turnitin. But they've been given a fair choice in my example, and if they disagree with Turnitin's policies they are free to not use it.

    26. Re:Uh... no. by Anonymous Coward · · Score: 0

      I don't think any copyright attorney would argue such an asinine position. Take the word 'copyright' out of that sentence and hopefully you'll see how silly it is.
    27. Re:Uh... no. by Trailer+Trash · · Score: 1

      Now, around here it IS fairly common for clauses specifying ownership of IP to be present for faculty and research staff, but not for students.

      This seems to be confusing among academics, so let me simplify it for you. That's because "faculty and research staff" are glorified names for "employees", while "students" is a glorified name for "customers". Starting to make sense, yet?

      Imagine if I tried to claim ownership of my customers' work. I'm sure that would go over reallllll welllll. On the other hand, it's very common in pretty much 99% of the working world for the employer to own the products that its employees produce.

    28. Re:Uh... no. by Squirmy+McPhee · · Score: 2, Insightful

      Two papers I wrote as a phd student are now behind pay for access portals, where they charge $30 for a single copy, or a subscription.

      Do I get a penny of this? Nope, and do I get free access as the Author? Nope.

      Nor are you entitled to that, regardless of whether you hold the copyright. The copyright only applies to the text, tables, and figures you submitted, not the typeset and printed pages that the journal produces. Authors of books and magazine articles often retain the copyrights to their works, but many of them don't get free copies of their books or articles. That said, many academic journals provide authors with a certain number of reprints. Apparently not the one you were published in....

      Did they ask for my permission? Nope.

      Sure they did, and you granted it when you agreed to let them publish it. You did give them permission to publish it, didn't you? If you wanted to get paid for it, you should have submitted it to a publication that pays its authors. Academic publications generally don't do that, though, and I suspect you knew that when you chose to publish there. Presumably, the value you received from publishing without compensation was greater than the value you would have received from publishing elsewhere or not publishing at all -- otherwise, why did you let them publish it?

      Its the standard way papers are distributed in the academic world. I think it's unfair as it stands, although I recognise they have some need to recoup their storage/indexing costs.

      Why is it unfair? Academic journals have a small audience interested in reading their publications and ethical considerations that prohibit them from accepting advertising. Furthermore, they have an enormous pool of authors who are willing to provide them content without compensation (because for those authors, publishing is a means to an end, not a living unto itself). They have absolutely no incentive to pay you or give you anything for free, and a rather large disincentive to do so. I happen to think there are a lot of things wrong with academic publishing, but this is not one of them. The more they have to give to their authors, the fewer papers they can afford to publish and the harder it will be to get published. If your graduation is delayed because you're having a hard time getting published, that's going to cost you a whole lot more than you would ever get in compensation for your paper.

      As for the true scope of the permissions you granted them, if they published your article then I'm certain you and/or your co-author(s) signed something granting them permission to do so (or otherwise provided legally binding consent). If not, they had no right to publish the article in the first place. I also suspect that if you read the fine print wherever your consent is recorded that you granted them all rights to the article, as academic journals typically require. That means that not only did you give them permission to publish the article, but you also assigned the copyright on the article to the publisher. That means they can do with it as they wish, including publishing it elsewhere without your permission. It also means that if you ever want to re-publish the article elsewhere (even your own dissertation), you need to ask the original publisher for permission even though you are the author. Don't like it? Don't assign them all rights. Sure, that means they probably won't publish it, but when they've got 10 other people willing to take your place in the journal why should they care?

      By the way, it's not just academic authors who have to deal with this -- there are a fair number of mainstream publications that will only buy all rights. Of course, they buy them, meaning the authors are monetarily compensated, but then they're dealing with professional writers and attempting to attract an entirely different sort of author than academic journals are. Magazines with high-quality articles, of course, tend to pay well and agree to buy one-time publication rights only because that's what attracts the best writers, but the academic market is a completely different story.

    29. Re:Uh... no. by devilspgd · · Score: 1

      More importantly, he likely did give credit to the original author, himself. There wouldn't be much point in handling in the exercise otherwise.

      --
      Give a man a fish, he'll eat for a day, but teach a man to phish...
    30. Re:Uh... no. by Anonymous Coward · · Score: 0

      You cannot even be party to a contract until you achieve majority.

      That is one of those legal myths that keeps floating around.

      A ten year old child walks into a store and buys a coke for $1. That is a contract. Is any court going to throw out that contract? Not likely.

      A 17 year old child gets a part-time job working at McDonalds. Are the terms of the employment contract not valid? Of course they are.

    31. Re:Uh... no. by Anonymous Coward · · Score: 0
      Actually, just a minor correction - you have the concept right, but you misstated it. So you're above statement would be:

      Further, even if turning in his own work was technically plagiarism, it would not be copyright infringement
    32. Re:Uh... no. by rahvin112 · · Score: 3, Interesting

      Kinda, the contract exists at the sole discretion of the minor. The minor can void the contract at his will for any reason, for this reason it's usually called a void contract. But this doesn't go the other way, if the Minor wishes to enforce the conract they can.

    33. Re:Uh... no. by theckhd · · Score: 1
      As you stated, this is pretty standard protocol for peer-reviewed journals. However, I think you're wrong when you say:

      Did they ask for my permission? Nope.

      Most established journals make all authors sign a copyright agreement that gives the journal publication rights. For example, here is what Science says about copyright:

      Does Science require copyright transfer?
      No. Authors retain copyright of their work, but must grant an exclusive publication license to Science and AAAS for their paper to be accepted for publication. Further details on this license are available here.


      To even get your paper published, you probably had to sign a similar agreement, otherwise they will refuse to publish your paper. I know that I've had to sign one for each of my papers so far. So, yes, you probably did give them permission to charge people to view your paper.

      Note that you still retain the copyright on your paper, and the code you released under the GPL is still protected by the GPL. But they have a permanent license to publish that document, and charge for it, without owing you a cent.
    34. Re:Uh... no. by goldspider · · Score: 1

      Not to mention that unless the student was over the age of 18, any contract he/she signed would be utterly unenforceable.

      --
      "Ask not what your country can do for you." --John F. Kennedy
    35. Re:Uh... no. by theonetruekeebler · · Score: 1

      You cannot even be party to a contract until you achieve majority.

      Maybe not, but your parents or guardians can. If you think they got you a raw deal, wait until you're eighteen and sue them.
      --
      This is not my sandwich.
    36. Re:Uh... no. by RedWizzard · · Score: 2, Informative

      Actually, just a minor correction - you have the concept right, but you misstated it. So you're above statement would be:

      Further, even if turning in his own work was technically plagiarism, it would not be copyright infringement No, it was right as originally written. The university claimed to own the copyright to the work, but they did not author it. Thus, the original author may have been infringing the copyright by resubmitting it, but he could not have been guilty of plagiarism as it is impossible to plagiarise your own work by definition.
    37. Re:Uh... no. by mabhatter654 · · Score: 1

      plagiarism is turning in research work that is not original for the assignment. When you turn in your own paper again, it's not original work for THAT assignment. This petty thing about ownership has nothing to do with it. it's a ego-building power grab by school management.

    38. Re:Uh... no. by Saxophonist · · Score: 1

      Incidentally, I started my phd with the explicit requirement that all software instantiations of my research that I created were to be released under the GPL, and that no-one else had control over my findings. I had an understanding supervisor, and the prerequisites were accepted.

      If you release your work under the GPL, anyone can distribute your work according to the terms of the GPL, and they can charge for doing so. It's just that they have no right to prevent others from distributing your work for free or for profit.

      Now, if the pay-for-access portal tries to state that there are more stringent restrictions on distribution, I can see where you would have a problem with that insofar as the work was released to them under the GPL and that you did not agree to a different license. However, that issue is totally separate from whether they are charging for distribution.

    39. Re:Uh... no. by ZigMonty · · Score: 1

      Uh... that's called plagiarising yourself. The uni i go to has a clause that says submitting work that you have already submitted before will be considered plagiarism.

    40. Re:Uh... no. by jannesha · · Score: 1

      I doubt that the school's policy is about copyright vs. fair use. It's about academic credit.

      Most schools have a policy against receiving academic credit for the same work more than once. If you submit a paper for one class, and then submit the same paper for another class...it's not really doing any work the second time, and how much are you really learning?

      If the student already received academic credit, "he simply turned in what he had done for the same assignment the prior semester (for which he had scored well)" (grandparent, 2007), then he should not be entitled to credit for the same work a second time.

      ---jjj.

    41. Re:Uh... no. by Fred+Ferrigno · · Score: 1

      No it isn't. By definition, plagiarism is presenting someone else's work as your own. You fundamentally cannot plagiarize yourself.

      The school and the professor may have a point that repeating a class requires putting the same level of effort into the class, but the efficiency-seeking nerd in me doesn't like that argument.

    42. Re:Uh... no. by wirelessbuzzers · · Score: 1

      That's a weird argument. My undergrad school just has a policy that double-submission (either submitting previous work, or submitting the same new work for two classes) requires approval (from both instructors), and counts as cheating if you do it without approval.

      --
      I hereby place the above post in the public domain.
    43. Re:Uh... no. by geminidomino · · Score: 1

      Uh... that's called plagiarising yourself. The uni i go to has a clause that says submitting work that you have already submitted before will be considered plagiarism. They can call it "Performing Cunnilingus on the Queen" if they want to. That doesn't mean that's what it is.
    44. Re:Uh... no. by geminidomino · · Score: 1

      IANAL, but doesn't that just mean "You don't have to transfer copyright to us, but you have to give us permission to publish it so you can't sue us for infringement later?"

      Can I get a "Duh?"

    45. Re:Uh... no. by pimpin+apollo · · Score: 1

      Almost certainly the $45 is for registering the copyright. Last I heard, $45 was the going registration fee. Those numbers seem suspiciously similar :P

    46. Re:Uh... no. by Anonymous Coward · · Score: 0

      I did something similar my own way: I deliberately contaminated my master's project with existing GPL code (something like 1% of the total code) and made it nearly impossible to tell which code was which. I explained to one of the instructors exactly why.

    47. Re:Uh... no. by rucs_hack · · Score: 1

      Darn you and your calm and correct answers.

      Foiled again..

    48. Re:Uh... no. by aussie_a · · Score: 1

      As someone who is currently doing a course for a second time and almost had a similar opportunity (teacher changed the assignment instead), that is completely fucked up.

      By the way, based on the teacher's marking criteria I'm almost guaranteed (as in, I'd be very surprised if I don't get one) a distinction and I've spent 5-7 hours on it. An extra 2 hours and I may get a high distinction (more then that I have no idea what I could possibly do on this assignment). Which is ridiculous, but because I've already learnt this work, I can do it so easily that there has been no benefit in me doing this assignment. Therefore, I (and other people in my situation) should be able to hand in prior assignments we've done the work on.

      Besides, if universities don't want students handing in work they've already done, they should change the assignment (as mine was in this case).

    49. Re:Uh... no. by edgr · · Score: 1
      At my university (The University of Melbourne) students retain all copyrights to their work, unless they are working on a research project sponsored by a private company, in which case a special agreement has to be signed by the student assigning their IP to the University (who then license it to the sponsor as per their agreement). If the student makes an inventive contribution, the head of department may recomment the student share in any royalties the Uni gets out of the project.

      For staff, the policy is:

      The author of scholarly works created whilst the author is a member of academic staff or a student, honorary appointee or visitor of the University, is deemed to have granted to the University, unless otherwise agreed by the University, a non-exclusive, royalty-free, worldwide and irrevocable licence to use for educational, teaching and research purposes only, those scholarly works for the duration of the period in which the intellectual property rights subsist in the scholarly works, whether or not the relevant member of academic staff, honorary appointee or visitor is still employed or engaged by the University, or the student is still enrolled at the University.
      but any material that is not 'scholarly material' (teacing materials, lecture notes, etc) is owned by the University.
    50. Re:Uh... no. by fotbr · · Score: 1

      No shit sherlock. Thats the way it is at universities around here, which is what I wrote the first time. Perhaps you should have directed your explanation at someone who wasn't saying the same thing as you were.

    51. Re:Uh... no. by theckhd · · Score: 1
      It's more complicated than that. They outline the specifics in their license agreement form, which you must sign before they'll publish your paper. Here's the section pertaining to the rights you give AAAS:

      1. In consideration of publication in SCIENCE of the work currently titled _________________(the "Work") and authored by ___________ ("Author"), the sole and exclusive, irrevocable right is hereby granted to AAAS to publish, reproduce, distribute, transmit, display, store, translate, create derivative works from and otherwise use the Work in any form, manner, format, or medium, whether now known or hereafter developed, throughout the world and in any language, for the entire duration of any such right and any renewal or extension thereof and to permit/sublicense others to do any or all of the foregoing as well.

      As you see, you not only give them permission to publish, but also to distribute and create derivative works, for as long as the copyright is valid.

      The rest of the agreement goes on to outline the rights retained by the author, which includes reprinting it for using in a thesis, giving oral presentations at conferences, and the like. One notable exception is that you can distribute copies of the work, but only for non-commercial purposes. Another is that you can't publish the final version (as it appears in the magazine) on your own website, though you can publish the accepted version as long as you include a link to the paper on their site.

      Speaking from experience, I didn't read this that thoroughly when I had to sign it, but I ended up looking more carefully at it later when I wanted to put the paper on my website. Since I couldn't put the paper itself on my website, I ended up simply including a link to the abstract and noted under it that anyone interested in a copy could e-mail me and I'd send them one, since that's one of the rights I retained.
    52. Re:Uh... no. by jshriverWVU · · Score: 1

      Curious by why would it be the property of the school? School isn't a job, it's a service. You pay them for a service and your papers are your own work based on a service you paid for that generally is public domain knowledge. It isnt like calculus or Shakespeare has change in the past hundred years. It's really the access to a teacher who can walk you through the info and fill in the gaps you're paying for.

    53. Re:Uh... no. by Anonymous Coward · · Score: 0

      Interesting. The wouldn't have needed to resort to such clever tactics here. The student code makes it quite clear that it is unacceptable to reuse work you do for one class in another class. I'm sure this covers re-taking the same class.

    54. Re:Uh... no. by RoloDMonkey · · Score: 1

      Why should I believe this?

      Um, like, I knew this guy that was fired from his job for stealing, you know, because he had brought in his own pencils, and one day he took a bunch of them home, right, but, um, the company said that he was taking home their property. It's true, my brother's girlfriend's sister knew him.

      This stinks of an urban legend: outrageous behavior posted anonymously without identifying any of the parties. Can anyone point to an actual school, that had an actual incident like this?

      --
      Long live the Speaker Bracelet
      Rolo D. Monkey
    55. Re:Uh... no. by bradediger · · Score: 1

      I believe that's called a voidable contract -- the minor has the option to void the contract. It becomes void when that option is exercised.

      This is as opposed to a void contract, such as one for an illegal purpose. These contracts cannot be judicially enforced even at the will of both parties.

    56. Re:Uh... no. by mabhatter654 · · Score: 1
      most universities interpret that "not putting the work" originally if you do the class/assignment again, or to reuse the work in a different class, is equal to plagiarism because you didn't do the work FOR the class... DOING the work is the requirement, not the results of doing the work. It's a weird difference between the real world and the academic world.

      as a side note, the GPL is designed with much the same idea in mind. Legally, the work is free to use, but the way the GPL is worded is designed to require academic style credit for any code you reuse as opposed to claiming the work as your own.

    57. Re:Uh... no. by Fred+Ferrigno · · Score: 1

      I think you meant "equivalent" to plagiarism in that the effects and repercussions are the same, but it's still not ''equal'' to plagiarism because plagiarism is a very specific thing. Even if they specify in the university policies that the use here constitutes "plagiarism", they can't really change the nature of the thing that people commonly refer to as plagiarism.

  5. Why woudn't they want their work cataloged by jhfry · · Score: 5, Insightful

    I realize that it does indeed violate their copyright, but as a student, wouldn't you want your paper in their catalog so that some lazy student can't make it through school by plagiarizing YOUR work?

    I don't know about these students, but when I was in school nothing bothered me more than students asking to see my answers, cheat off my tests, or read my essays for 'inspiration'.

    But then again, it is a violation all the same. I say if it bothers them, go for it the law is on their side.

    --
    Sometimes the best solution is to stop wasting time looking for an easy solution.
    1. Re:Why woudn't they want their work cataloged by raehl · · Score: 4, Funny

      I realize that it does indeed violate their copyright, but as a student, wouldn't you want your paper in their catalog so that some lazy student can't make it through school by plagiarizing YOUR work?

      I guess that would depend mainly on how much you were able to sell your paper for.

    2. Re:Why woudn't they want their work cataloged by bigtangringo · · Score: 1

      Personally, I wouldn't mind if someone else "plagiarized" my work in High School. I think the "busy work" assigned to students is a load of bunk, along with the system in general.

      *shrug*

      --
      Yes, I am a smart ass; it's better than the alternative.
    3. Re:Why woudn't they want their work cataloged by thebes · · Score: 2, Insightful

      They can't plagiarize your work if you don't give it to them. If someone asks for your solution/paper/answers, just tell them to screw off and figure it out for themselves.

    4. Re:Why woudn't they want their work cataloged by stinerman · · Score: 5, Insightful

      You're asking the wrong question. The question is not "why wouldn't you want to deter cheaters from using your work". The question is "why would you want to let other people make money off of deterring cheaters by using your work - without you seeing a penny of the profit".

      In essence, Turnitin is making a good deal of money by using other people's work. If those people want a cut of the proceeds, I don't see a problem with that.

    5. Re:Why woudn't they want their work cataloged by Rakshasa+Taisab · · Score: 0, Redundant

      Well then, why don't you check the box that says: ( ) Please include me in your database.

      And leave other people's papers alone, your feeling don't matter.

      Though, on a related note... How does this service compare to Google's book searching thing? Didn't google argue that since they just archive the books for indexing purposes, it was ok. Though might be slightly different as those books were published and part of a library.

      --
      - These characters were randomly selected.
    6. Re:Why woudn't they want their work cataloged by Pojut · · Score: 1

      I completely agree with this....unless it was an essay or a test, I never had a problem with someone copying from me.

    7. Re:Why woudn't they want their work cataloged by jhfry · · Score: 1

      I would have agreed in part then... now that I am in the working world however I feel differently. That guy who skated through school on other's coat tails is now my competition. And though I am confident I am the better candidate for any position I am competing against them for, there is always the potential that I don't get the job. Or worse, they are ruining the status, reputation, and marketability for those in my position.

      As an example, I have actually seen smallish companies fire their IT staff and hire consultants instead because they had a bad experience with one or two guys... had those guys not been TOTAL screw-ups I might have had a job there.

      Programmers are being outsourced in droves, not just because of lower wages, but because of better results per dollar. How much of that movement was caused by lazy programmers who didn't take the time to really learn their trade? I am sure I'm not the only person who would prefer to work with a local development house, or even hire developers internally, if I could get good quality people.

      So justifying cheating in school because they don't like the "busy work" is creating a group of people who will only hurt those they cheated off of.

      --
      Sometimes the best solution is to stop wasting time looking for an easy solution.
    8. Re:Why woudn't they want their work cataloged by jhfry · · Score: 1

      Though, on a related note... How does this service compare to Google's book searching thing? Didn't google argue that since they just archive the books for indexing purposes, it was ok. Though might be slightly different as those books were published and part of a library. Good question, and I suspect it has to do with profit. Though Google is making their money on this somehow.
      --
      Sometimes the best solution is to stop wasting time looking for an easy solution.
    9. Re:Why woudn't they want their work cataloged by jfengel · · Score: 1

      I wonder how much a "cut of the profit" is. The thing contains perhaps millions of papers, each worth an equal amount. They may be making a "good deal" of money, but amortized out over the total set of papers, each individual contribution is probably worth less than a penny per year.

    10. Re:Why woudn't they want their work cataloged by ditto999999999999999 · · Score: 1

      You are entirely correct, in my opinion.

      It is precisely because they are profiting off of my hard work that I block them in robots.txt. I also append a request to my works asking that turnitin not be used to index my manuscript.

    11. Re:Why woudn't they want their work cataloged by Anonymous Coward · · Score: 0

      I realize that it does indeed violate their copyright, but as a student, wouldn't you want your paper in their catalog so that some lazy student can't make it through school by plagiarizing YOUR work?

      Sure, I don't want other people plagarizing my work. That would be someone else getting academic credit for the work I did.

      But I also don't want a for-profit company making money off my work without paying me for it. That would be someone else getting paid for the work I did.

    12. Re:Why woudn't they want their work cataloged by jhfry · · Score: 1

      Good point... if I had mod points, you would get one.

      Then again, it could be turned around as though Turnitin is providing a free plagiarism protection service to the copyright holder, and charging those who want to search their database a fee to cover the cost of freely protecting your work.

      It's kinda like the RIAA saying, "hey record labels, we will prosecute your music pirates for free if you agree to let us keep X% of the judgments!" Sure the labels could pay someone to do this for them and keep the profit themselves, but it's cheaper and easier to let someone who specializes in raping the consumer do it. And it prevents the label from getting it's name drug through the mud.

      --
      Sometimes the best solution is to stop wasting time looking for an easy solution.
    13. Re:Why woudn't they want their work cataloged by MontyApollo · · Score: 2, Informative

      Kind of how Google uses everbody else's work (web pages) and makes a good deal of profit.

    14. Re:Why woudn't they want their work cataloged by bitkid · · Score: 1

      If their web-bot they have running in addition to their submission based system (google for "Turnitinbot") downloads papers I put on my webpage, but they won't allow me to search their database for free (like Google would), how would that be fair? Where's my gain from them using my work?

    15. Re:Why woudn't they want their work cataloged by Sparr0 · · Score: 1

      I realize that it does indeed violate their copyright
      Well, you start off with incorrect assumptions right there. The plagiarism checking service keeping a copy of the work does NOT violate the student's copyright. Dictating who can possess a copy of the work is not one of the author's exclusive rights. Once they have a copy, which you presumably consented to giving them, they can do whatever they want with it as long as they don't violate these rights. If they send out a copy of your paper when someone plagiarizes it, THEN they would be violating copyright, but just keeping the paper on file for comparison is the issue at hand here.

    16. Re:Why woudn't they want their work cataloged by honkycat · · Score: 1

      The amount of money is irrelevant. I'd be more concerned about a company I know is making profit off my (and other students) work than a hypothetical student who may make a better grade by using my work.

    17. Re:Why woudn't they want their work cataloged by stinerman · · Score: 1

      Google is similar, but different enough that I don't think they would be considered the same.

      Google indexes pages. That is they basically tell you where to go to get them. Turnitin keeps entire works on file in a database somewhere.

      Google also does cache pages. Arguably this is a non-commercial fair use. Even if it isn't, you can tell Google not to cache your pages. I cannot tell Turnitin to do the same (in fact their business model would crumble if they couldn't have these works on demand).

    18. Re:Why woudn't they want their work cataloged by Sancho · · Score: 1

      Actually, how much any given paper is worth is dependant entirely upon how much the student thinks it is worth. Turnitin doesn't get to decide--they can only decide how much it is worth TO THEM to keep that paper in their database.

      Ultimately, I doubt these students really want any money--they just want control of their own copyrighted works. Just like the RIAA--so many people promote the suggestion that piracy actually increases profits, but that's irrelevant to the larger issue of whether or not the RIAA is justified in going after infringers.

    19. Re:Why woudn't they want their work cataloged by Anonymous Coward · · Score: 0

      It is however very easy for me to prevent google from using my web page if I don't want them to

    20. Re:Why woudn't they want their work cataloged by MontyApollo · · Score: 1

      If somebody contracts me to design a webpage, even if I do not transfer the copyright to them, they still have licence to use the webpage, including the right to have it listed in Google's index and cache, unless I specifically indicate otherwise in the contract before hand. I am limited in my ability to opt out of Google in this case. I do believe Turnitin does haves some options for your paper not to be stored.

    21. Re:Why woudn't they want their work cataloged by honkycat · · Score: 1

      Except google.com will completely respect your robots.txt file if you prefer not to be indexed.

    22. Re:Why woudn't they want their work cataloged by Sancho · · Score: 1

      Except that it's being done without the copyright holder's permission. 3rd parties (teachers) are checking for plagiarism using turnitin, not the original copyright holder.

    23. Re:Why woudn't they want their work cataloged by munpfazy · · Score: 1

      "why would you want to let other people make money off of deterring cheaters by using your work - without you seeing a penny of the profit".


      In this case, one could make the question even stronger:

      "why would you let other people force you (as both taxpayer and school budget stakeholder) to pay them money in order to deter cheaters by using your work - without you seeing a penny of the profit."

      There's something perverse about a for profit company throwing a smattering of database code at a massive stack of ill-gotten IP and then charging public institutions for access.
    24. Re:Why woudn't they want their work cataloged by Anonymous Coward · · Score: 0

      Not to mention the fact that this hypothetical student would have to get your paper from somewhere anyway. I doubt either you or the teacher are going to give it to them, and if you're that worried about it being plagiarised who else are you showing it to?

    25. Re:Why woudn't they want their work cataloged by MontyApollo · · Score: 1

      If I design a website for somebody and retain the copyrights, they are still licensed to use the website, including deleting the robots.txt file if they want. Eventhough I am the copyright holder, I would not be able to stop Google from using and profiting off my work in this instance. This is very similar to Turnitin.

    26. Re:Why woudn't they want their work cataloged by Anonymous Coward · · Score: 0

      Actually... Many college and university courses DEMAND you submit your papers via this Turnitin service. If you do not then you do not get graded and/or are denied your grades. Therefore it is effectively the colleges/universities/educational institutions are blackmailing students into using this service.

      Ironically the word to type in for this was abusive :)

    27. Re:Why woudn't they want their work cataloged by ditto999999999999999 · · Score: 1

      Yeah, kind of like that... except that with Google I am allowed free access. So really, the two are completely disimilar.

    28. Re:Why woudn't they want their work cataloged by Anonymous Coward · · Score: 2, Insightful

      The plagiarism checking service keeping a copy of the work does NOT violate the student's copyright. Dictating who can possess a copy of the work is not one of the author's exclusive rights. Once they have a copy, which you presumably consented to giving them, they can do whatever they want with it as long as they don't violate these rights. If they send out a copy of your paper when someone plagiarizes it, THEN they would be violating copyright, but just keeping the paper on file for comparison is the issue at hand here.

      You're missing the point.

      I write the paper. Copyright belongs to me. I give the paper to my teacher. Teacher now has the physical paper, but not copyright. Copyright still belongs to me. Teacher then makes a copy and gives that copy to Turnitin. That is infringement. Turnitin now uses that infringing copy to make money. That can be criminal copyright infringement (in the US).

      If the teacher gave the physical paper to Turnitin, you might have a case.

    29. Re:Why woudn't they want their work cataloged by Anonymous Coward · · Score: 0

      Additionally... eventually people will use the same (or similar) words to describe things over and over again. After all you can only describe say... IP Addresses and Subnetting so many ways before an automated engine will stamp yours as plagiarized.

    30. Re:Why woudn't they want their work cataloged by MaelstromX · · Score: 0, Troll

      "why would you want to let other people make money off of deterring cheaters by using your work - without you seeing a penny of the profit".


      Because it's not evil for a company to make money? And without the added value that your paper receives by being in an easily searchable database of millions of texts, it is essentially worthless after you have been graded on it? And because by preventing plagiarism and upholding honesty in academics they are providing a public service, even if, GASP, they are profiting off of it, the same way countless other companies in various fields do?

      If the students are legally in the right, then kudos to them for their upcoming payday. But Slashdot is the last place where I would have expected to see everybody saying copyright owners inherently deserve god-like control of what anyone, anywhere does with their copyrighted works. (this isn't directed at the parent in particular, but at the discussion in general)
    31. Re:Why woudn't they want their work cataloged by lewp · · Score: 1

      Google indexes content that has been made publicly available. They don't guess passwords or "hack" their way into anything. They don't compel you to make your files available to them. They take content that you have freely put on the web, already accessible to anyone, and they index it. If, for some reason, you make content publicly available that you don't want the public to know about, then they give you an easy technical way of opting out.

      You could use the whole walking into a house because the door is open argument, but IMHO that doesn't hold water when you're talking about the web, which is explicitly designed as a broadcast medium, versus somebody's house, which is pretty obviously private.

      Turnitin takes content that you had to turn into your prof to get course credit, but quite possibly didn't want anyone else to access -- or maybe you don't care, the problem is they don't ask -- and uses that content to make their profit without your consent. You didn't put your content up in your university's quad or otherwise make it available to the world at large. You gave it to your professor specifically so you could be graded.

      Completely different situation.

      --
      Game... blouses.
    32. Re:Why woudn't they want their work cataloged by bigtangringo · · Score: 1

      Sure there are a lot of folks out there who never actually learned anything. But I think those people for the most part get weeded out and into their appropriate job category, serving up freedom fries. If these uneducated folk are successfully operating at a company, or a company fires it's entire staff because of one of guys, I don't want to work at that company anyway.

      As far as them being competition, they shouldn't be any serious competition; not for a job that you would want to have.

      Do a good job, let your reputation work for you. Then you can get jobs from recommendations instead of just being another name in the stack.

      --
      Yes, I am a smart ass; it's better than the alternative.
    33. Re:Why woudn't they want their work cataloged by MontyApollo · · Score: 1

      You are given free access so they can make a billion dollars a year off advertising. The argument was about a company making money off someone else's work.

    34. Re:Why woudn't they want their work cataloged by Sancho · · Score: 1

      Google makes money indirectly.

      What Google does is index webpages so that people can find what they're looking for on the web. They also serve advertisements based upon the terms entered in the search box. If I demand that my content be removed from Google's database, they can still serve ads based upon search terms.

      Turnitin makes money directly off of other people's works. They sell a comparison between works. If I demand that they remove my content from their database, the content that they serve (and make money off of) is directly affected.

      There are other differences, too. Google doesn't serve ads on their cached copy of the webpage, so they don't make money when they reproduce the work for other people to see. Turnitin always makes money if someone is using their service for any reason. Turnitin's business model requires that they store the entire work, whereas Google's doesn't--they merely have to store all of the words used in a given page and a URL (neither of which is likely to be copyrightable, but of course, I am generalizing, too).

      Nevertheless, people have demanded that Google remove their content from their various services, such as their USENET search or their caches. Can you do this with Turnitin? If you do demand that your work be removed, what proof can you have of this?

    35. Re:Why woudn't they want their work cataloged by honkycat · · Score: 1

      Then stipulate in your license with your client not to allow indexing. After all, you are granting them a license to use it so you are free to add such a term.

    36. Re:Why woudn't they want their work cataloged by jidar · · Score: 1

      It's a good thing everyone doesn't think like you or we wouldn't have open source.

      --
      Sigs are awesome huh?
    37. Re:Why woudn't they want their work cataloged by TheCarp · · Score: 1

      Hmmm and I support this, while I normally am against copyright holder silliness.

      I also admit this is silly, and the company is, in my eyes, doing nothing wrong.

      How do I reconcile these? Easy... Irony. I have a very healthy sense of it, and I LOVE the irony of this. I want to see these students succeede because this is no more silly than what I have seen the courts uphold in the past, and like the idea of how amazingly silly this one is.

      I want to see them succeede not because of their merits, but because of the message that this sends.... copyright law is weird and needs an overhaul.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    38. Re:Why woudn't they want their work cataloged by TheCarp · · Score: 1

      oh and the coup de grace....

      Turnitin takes the copy they got...and makes ANOTHER copy into their database. Thus again violating your copyright as they are making the copy specifically for for profit use and not a protected class of use at all.

      Remember, the "copying" that a computer needs to do when it loads a program into RAM got a specific exception in copyright... that would imply that such copying for other purposes does not have such an exception and is, in fact, a violation.

      -Steve

      --
      "I opened my eyes, and everything went dark again"
    39. Re:Why woudn't they want their work cataloged by mandelbr0t · · Score: 3, Insightful
      I simply don't trust these large collections of private information. Who knows what they will do with it? Privacy Policy?

      As we continue to develop our business, we might sell or buy businesses or assets, or Turnitin might be acquired by another company. In any of those circumstances, personal information in our databases may be included among the transferred assets. Sweet. There's the loophole. They just have to go out of business or get bought by someone who doesn't have the same privacy policy, and another company has a large sample of your creative work with which to do whatever they want, as long as they don't get caught infringing your copyright.

      I don't trust privacy policies. There's no laws that can be enforced if the company in question violates their own policy, and it's ridiculously hard to prove it even if they did. And, as you can see here, most privacy policies have a not-difficult-to-imagine scenario which would involve complete loss of control of the private information you did provide. I'd like to see more work done on making companies stick to their privacy policies, and large fines or jail time if they don't.
      --
      "Please describe the scientific nature of the 'whammy'" - Agent Scully
    40. Re:Why woudn't they want their work cataloged by DeadChobi · · Score: 1

      Whether or not you, or Turnitin, or Joe Schmoe, or any one of the 6+ billion people on the planet think my work is valuable is irrelevant. My decision that my work is valuable is the only relevant issue in copyright and piracy. Turnitin's paper piracy violates my right to decide how and when I use my work. The fact that they ignore written requests that a work not be posted is alone enough to tag them for piracy.

      Also, it's typically not a public service if you charge money for something. See: Public Service for further reference.

      Anyway, the very fact that Turnitin charges for access to this database would imply that there is some inherent value in a paper written for a course, which breaks your argument to the contrary.

      --
      SRSLY.
    41. Re:Why woudn't they want their work cataloged by Anonymous Coward · · Score: 0

      Except the company is making money off of it. If the students volunteered to have their papers put in their library of work, then that would be ok.

      In this case, the student has no say. Their papers are submitted to the company by teachers. Then the company takes their work and puts it in their library, without asking permission or giving them any kind of kick back.

    42. Re:Why woudn't they want their work cataloged by Score+Whore · · Score: 1

      No they won't. If you don't believe me go read about Google's use of robots.txt.

    43. Re:Why woudn't they want their work cataloged by Score+Whore · · Score: 1

      They don't compel you to make your files available to them.


      Unless you're a book publisher or author. Then they feel free to make copies of your work regardless.
    44. Re:Why woudn't they want their work cataloged by Anonymous Coward · · Score: 0

      If you're contracted to design a webpage it's a work for hire, and the property of the person you created it for, unless the contract says otherwise.

    45. Re:Why woudn't they want their work cataloged by mobby_6kl · · Score: 1

      >[..] you can tell Google not to cache your pages. I cannot tell Turnitin to do the same [...]

      Yes you can. You know, by not actually submitting the paper to the service? Google will index and store your pages by default. Turnitin will not touch your essay unless you yourself submit it there. If the teacher/professor forces you to do that, than that's where the problem is.

    46. Re:Why woudn't they want their work cataloged by Score+Whore · · Score: 1

      Perfect 10 asked Google to remove their content, Google said "oh, it's too hard." They went to court. So far Google doesn't have to avoid indexing illegally distributed copies of Perfect 10's material. If a professor illegally copies a paper and sends the copy to Turnitin, how is this Turnitin's problem?

    47. Re:Why woudn't they want their work cataloged by Score+Whore · · Score: 1

      There's something perverse about a for profit company throwing a smattering of database code at a massive stack of ill-gotten IP and then charging public institutions for access.


      Never heard of Lexis-Nexis? Westlaw? Google? I suspect that Turnitin will have a different opinion on how ill-gotten the papers that are submitted to them are. It'd be surprising if there wasn't a clause in the terms of use that specifically allows them to keep a copy of any paper that is submitted to them.
    48. Re:Why woudn't they want their work cataloged by Score+Whore · · Score: 1

      You put the blame on the wrong person. The teacher made the copy and distributed it. Turnitin received a copy, presumedly a legal copy. (You even stated exactly who made a copy: "Teacher then makes a copy...")

    49. Re:Why woudn't they want their work cataloged by staeiou · · Score: 1

      I realize that it does indeed violate their copyright, but as a student, wouldn't you want your paper in their catalog so that some lazy student can't make it through school by plagiarizing YOUR work?

      So you're saying you want a private company to violate your rights so that individuals can't?

    50. Re:Why woudn't they want their work cataloged by Feanturi · · Score: 1

      They are not making money off of your work. They are making money off of ensuring that your work remains unique in that only your name will ever be able to be attributed to it. Isn't that good?

    51. Re:Why woudn't they want their work cataloged by BryanL · · Score: 1

      Then why doesn't the RIAA have the right to sue Gracenote or FreeDB (maybe they do)? When you put a CD into your computer iTunes (or whatever you use) finds a unique identifier on the CD (based on song length, number of tracks and,presumably, other production information)and compares that to the tag information in their database. I am assuming that the recording companies have a right to not have another company profit off of information on their CDs. I am not defending the RIAA, nor am I saying these students don't have the right to defend their work, but your rephrasing the question made me think of some broader ramifications.

    52. Re:Why woudn't they want their work cataloged by rollingcalf · · Score: 1

      "I realize that it does indeed violate their copyright, but as a student, wouldn't you want your paper in their catalog so that some lazy student can't make it through school by plagiarizing YOUR work?"

      When I was in college I gave my paper to the professor, and the professor gave it back. Nobody got a chance to plagiarize my paper because I DIDN'T GIVE LET THEM SEE IT.

      --
      ---------
      There is inferior bacteria on the interior of your posterior.
    53. Re:Why woudn't they want their work cataloged by Have+Brain+Will+Rent · · Score: 1

      It seems to me that all the schools have to do is require the students to surrender their copyright rights - possibly just for this purpose alone - when they sign up for the course or perhaps when they enrol in the school.

      --
      The tyrant will always find a pretext for his tyranny - Aesop
    54. Re:Why woudn't they want their work cataloged by Feanturi · · Score: 1

      it's typically not a public service if you charge money for something

      So the database would be okay to exist if it could live on buttons and smiles then? How about the universities run it then, for 'no profit' and jack up everybody's tuition to pay for the needed infrastructure?

    55. Re:Why woudn't they want their work cataloged by MontyApollo · · Score: 1
      If you're contracted to design a webpage it's a work for hire, and the property of the person you created it for, unless the contract says otherwise.

      I believe in the US it is the exact opposite, or it was the last time I checked.

    56. Re:Why woudn't they want their work cataloged by honkycat · · Score: 1

      But without my work, they have no business. The value of their system isn't really the search engine so much as the database behind it. There's nothing wrong with doing it with permission and the actual monetary value of any individual, as pointed out, is really almost nothing. However, an author ought to be able to opt out. As others have said, the school could just require students to opt in -- that'd probably work for a private school/university, but I think it'd be a thorny requirement for a public one -- particularly a high school-level one. (I don't know if they're serving this market though, so don't try to "correct" me please...)

    57. Re:Why woudn't they want their work cataloged by dotoole · · Score: 1

      In essence, Turnitin is making a good deal of money by using other people's work. If those people want a cut of the proceeds, I don't see a problem with that.
      I better send Google my bill so.
    58. Re:Why woudn't they want their work cataloged by MontyApollo · · Score: 1

      In comparison to the situation with Turnitin, the teacher is working as a licensee or exercising fair use. If the student doesn't want it list in the database he too can "write it into the license"; Turnitin provides the option not to have it included. The whole point was that somebody asked why do the students even care, and somebody said something about Turnitin making money. I just pointed out that it was a similar situation to Google. Personally I don't care if Google or Turnitin makes money, and I don't know why the students care.

    59. Re:Why woudn't they want their work cataloged by Yartrebo · · Score: 1

      What if I wish my work to be used as widely and broadly as possible? Heck, what if I just want to resubmit something I did for another class again? In my book, that's perfectly moral.

    60. Re:Why woudn't they want their work cataloged by Anonymous Coward · · Score: 0
      I wonder how much a "cut of the profit" is. The thing contains perhaps millions of papers, each worth an equal amount. They may be making a "good deal" of money, but amortized out over the total set of papers, each individual contribution is probably worth less than a penny per year.

      Typical business bullshit argument. They always make billions off little things, which they then declare to be beneath valuation. The first example I ever saw of this was the airline that claimed to have made something like $25 million a year by eliminating one of the three olives in each passenger's salad.

      Somehow it wasn't seen as kosher in the case of the alleged programmer who dumped into his own account the rounded-off partial cents from depositors' interest calculations.

      Obviously a value can be assigned to each paper, no matter how short. If they're of no value, the company shouldn't retain them without permission. If they're of some value, the company should be forced to cough up the value, possibly as a result of a class action suit.

      As for value, there was a case some years back where a company offered one "free" share of some stock whenever someone gave them some personal information for marketing purposes. The SEC stepped in and made them quit, on the basis that the shares were not really "free". Since there was some value attached to each person's information, the shares were, in effect, being sold. This required registration with and oversight/control by the SEC as the company was therefore engaged in dealing securities. So much for that plan.

      The presumption is that, had the shares been handed out anonymously at the entrance to an exhibition or the like, there would have been no exchange of value, therefore making the shares truly "free".

    61. Re:Why woudn't they want their work cataloged by MontyApollo · · Score: 1

      Google makes it easy to opt-out for the website operator, but the content and design of the website is often licensed from the actual copyright holder. For example, a photographer might license a photo to somebody, but as the copyright holder he cannot control whether the license indexes his webpage with the included photo, unless he gets it writing. Google makes money, and copyright holder does not necessarily have direct control, just like in Turnitin's case. Turnitin doesn't give "open access"; nobody will ever read the student's work on Turnitin unless plagiarism is detected. I think it is fair use by the professor to test the document to see if it contains plagiarism and to retain a copy of the document to make sure nobody else plagiarizes it. Turnitin is just providing a convenient means of retaining documents solely for the purposes of detecting plagiarism. I personally I don't care whether Google or Slashdot makes money, and I don't know why the students REALLY care. It is funny to see which side of IP issues Slashdot favors on a case by case basis.

    62. Re:Why woudn't they want their work cataloged by MontyApollo · · Score: 1

      I don't think removing indiviual high school term papers hurts their bottom line. I would assume they legitamely purchase all the papers sold by the term paper services and store those in the database. That is where Turnitin's value comes from - a database of term papers known to be for sale and for a database of published works that are routinely plagiarized.

    63. Re:Why woudn't they want their work cataloged by DeadChobi · · Score: 1

      Actually, you missed the bigger mistake I made, because the definitions I provided had electricity, which is commonly billed for(in my neck of the woods), as an example of a public service.

      And I was referring to the idea that the database exists as a public service. Clearly it's not essential to our survival in a modern society. Therefore, it's not a public service. The idea put forth by the GP that we should accept it because the people who provide it do so as a public service to the schools that use it doesn't fly with me because of that reason along with the others I mentioned.

      --
      SRSLY.
    64. Re:Why woudn't they want their work cataloged by studog-slashdot · · Score: 1
      I realize that it does indeed violate their copyright, but as a student, wouldn't you want your paper in their catalog so that some lazy student can't make it through school by plagiarizing YOUR work?

      No. I find it much easier to simply not let others read my paper.

      ...Stu

    65. Re:Why woudn't they want their work cataloged by stinerman · · Score: 1
      Is there a way to tell Turnitin to just check your paper against the database without adding that paper to the database? That would give a professor what they wanted as well as respect the rights of the creator.

      If the teacher/professor forces you to do that, than that's where the problem is.
      Indeed. That would seem to be the real problem. I wonder how that would play out in court. The school would effectively be forcing a student to give up his/her rights under copyright to a private company.
    66. Re:Why woudn't they want their work cataloged by IKnwThePiecesFt · · Score: 1

      Turnitin provides the option not to have it included.

      RTFA

      It was submitted to Turnitin with instructions that it not be archived, but it was, the lawsuit says.

    67. Re:Why woudn't they want their work cataloged by MontyApollo · · Score: 1

      From what I understood, opting out was an option, it just did not work correctly in this particular case. As others have pointed out, opting out of Google does not necessarily work all the time either.

    68. Re:Why woudn't they want their work cataloged by Sancho · · Score: 1

      You would assume incorrectly. They explicitly state that they store papers which are sent in by professors for future comparisons.

    69. Re:Why woudn't they want their work cataloged by Sparr0 · · Score: 1

      Try again. The students are giving the papers directly to Turnitin, who then passes it on (with the student's implicit permission at worst, explicit most likely) to the teacher with/without plagiarism notices.

    70. Re:Why woudn't they want their work cataloged by lewp · · Score: 1

      The situation in which design and content are licensed rather than published directly is no different. In both cases the copyright holder has elected to allow the publishing of that media in a public broadcast medium with no access controls, which has nothing to do with the Turnitin situation, wherein papers are given directly to professors with no agreement for distribution beyond the professor to occur.

      As far as Turnitin not giving "open access", there's really no way to guarantee that will never happen, including in the worst case: they go bankrupt and sell that huge database of papers to some even less scrupulous entity. If they have some sort of legal guarantee in place to prevent that from happening, I'll stand corrected.

      --
      Game... blouses.
    71. Re:Why woudn't they want their work cataloged by MontyApollo · · Score: 1

      I did not say they did not. I said that was not where most of their value was derived. They have millions of papers submitted, but only a very few of these would ever be plagiarised. They also state that they use content found on the internet, published papers, etc...

      My point is that removing individual papers submitted by particular high school students has a neglible effect on their profitability, just as removing particular websites from Google search has neglible effect on their profitability. On the other hand, if every website with the word "poker" stopped allowing Google to index it and only allowed Yahoo, Google would lose value because everybody would stop searching for poker on Google and they could not sell any ads (I spent around $20K on poker ads one year.)

      In reality, the individual papers have no bearing on Turnitin unless they were particular papers that were plagiarized. If the student plans to sells his paper to others, then removing that paper from Turnitin does hurt Turnitin's effectiveness. Ultimately I don't see why the student cares unless he was planning on committing plagiarism to begin with (selling your paper to others so they can copy it is academic dishonesty.) The argument that it matters because Turnitin is making money rings hollow to me because the situation is very analagous to Google, which most people around Slashdot feel compelled to drop to their knees and worship/blow. Personally I don't care if Google or Turnitin makes money, but it is interesting how in terms of copyright or IP law, Slashdot's only consistancy is "anti-establishment, unless it is Google...and excuse me while I wipe the Google from my cheek..."

    72. Re:Why woudn't they want their work cataloged by MontyApollo · · Score: 1

      Someone stated in another post that the students, not the teacher, submit the papers directly to Turnitin...I don't know how it normally works. I think legally the argument is that it is "fair use" for the professor to check the paper for plagiarism and to retain the paper to check for future plagiarism attempts, even if the university does not retain the copyright (which others have claimed it does). I believe the students have the ability to opt-out of Turnitin, but it did not work correctly in the lawsuit test case.

      I just thought it was interesting how Slashdot turned into the champion of narrowly defined copyright law in this particular case, but always defends Google no matter what, even thought the situations are very similar, if not exactly the same. I don't see why the students really care, and the argument is that somebody is making money is kind of a knee-jerk, anti-establishment Slashdot response.

    73. Re:Why woudn't they want their work cataloged by lewp · · Score: 1

      I just thought it was interesting how Slashdot turned into the champion of narrowly defined copyright law in this particular case

      The GPL is built on copyright law, and that's about the most sacred thing going around here. Slashdot as a whole seems to be all for copyright law as long as it's not being used as a bludgeon to prevent folks from doing completely reasonable things. Seems like a pragmatic nerd stance to me, and in keeping with the general audience of the site.

      As far as Google being similar to this case, I just flat-out disagree with you there. I think Google takes copyright holders for a ride sometimes, claiming Fair Use when they shouldn't, but I don't think their web search is an example of that at all. Book search? Yeah, maybe.

      --
      Game... blouses.
    74. Re:Why woudn't they want their work cataloged by Knetzar · · Score: 1

      Turnitin probablably has a license agreement that has to be accepted when submitting a paper. They probably also force people to agree that the paper submitted can be used in Turnitin's database. So chances are it's really the professors that are giving Turnitin permission that they do not have the authority to give, therefore the students should be sueing their own professors and not Turnitin.

    75. Re:Why woudn't they want their work cataloged by Anonymous Coward · · Score: 0
      Then again, it could be turned around as though Turnitin is providing a free plagiarism protection service to the copyright holder, and charging those who want to search their database a fee to cover the cost of freely protecting your work.

      That doesn't hold water any more than a guy I know who says he can sing copyrighted songs for profit because he's providing free advertising to the copyright holder.

      I have no contract with Turn-a-Profit to provide me any protection. They however are making use of my (by definition) copyrighted work to make money for themselves, with no payment to me.

    76. Re:Why woudn't they want their work cataloged by Moridin42 · · Score: 1

      Not really. If I publish a webpage, I probably want people to view it. Google helps make that happen. I benefit through the exposure Google provides. Google benefits and so do I, either through a potential sale or just from having my ideas distributed.

      Turnitin, on the other hand, provides a benefit to themselves and to the professor. Not to me. In fact, Turnitin may harm me. If I write a paper for one class, and then want to use, in whole or in part, the same paper in another class it will get flagged as plagiarized.

      If some student wants his or her paper to be included in Turnitin's database, by all means let that student opt-in. Either they are indifferent or they derive some value from knowing they won't be copied.

      --
      I don't expect morality, equality, consistency, or justice from the law. I expect only legality.
    77. Re:Why woudn't they want their work cataloged by berzerke · · Score: 1

      Do a good job, let your reputation work for you. Then you can get jobs from recommendations instead of just being another name in the stack.

      Not always. I've seen really good, competent people get bad reviews/recommendations and bad people get good ones. Some bosses will resort to dirty tricks to keep good people, and get rid of bad ones. With bad recommendations, the good people can't leave, and with a good recommendation, the bad become someone else's problem.

    78. Re:Why woudn't they want their work cataloged by darth_fishy · · Score: 1

      A lot of Universities do do this. I know the University I studied at and now work at does this. Hence the copyright of the paper/essay/assignment you hand in does not in fact belong to you anymore.

    79. Re:Why woudn't they want their work cataloged by mpe · · Score: 1

      I don't trust privacy policies. There's no laws that can be enforced if the company in question violates their own policy, and it's ridiculously hard to prove it even if they did. And, as you can see here, most privacy policies have a not-difficult-to-imagine scenario which would involve complete loss of control of the private information you did provide.

      The most obvious loophole is to add a clause to the effect of "this policy can be changed any time we feel like it".

      I'd like to see more work done on making companies stick to their privacy policies, and large fines or jail time if they don't.

      Or maybe North America could catch up with Europe when it comes to data protection laws, which render "privacy policies" completly irrelevent.

    80. Re:Why woudn't they want their work cataloged by mpe · · Score: 1

      The plagiarism checking service keeping a copy of the work does NOT violate the student's copyright.

      They can't both keep a copy and pass a copy on to some other party without making a copy. What they are doing is little different from you making a copy of something you have borrowed from a library.

    81. Re:Why woudn't they want their work cataloged by bkr1_2k · · Score: 1

      In order for other students to see my paper, they would have had to have access to it, which would mean that I gave them access to it for one reason or another.

      The point is it was my choice to give, not someone elses.

      --
      "Growing old is inevitable; growing up is optional."
    82. Re:Why woudn't they want their work cataloged by Anonymous Coward · · Score: 0

      Posted as AC because if any recognizes me they'll know who I'm talking about. But anyways...

      My better half has been denied many promotions because it would take her out of the position she's in, and it's a department with only two people. The other person is completely incapable of running the department or training another person, so because of it she gets the shaft. Fortunately a new boss just stepped in and seems to realize this and is attempting to make changes so that she can be kept in that department, but at a higher level (maybe even a local manager to train people. As her counterpart in the department isn't able to do the work.) Why does he keep his job? Because he's skated by 15 years there now, and that's about it.

  6. Terms of Service by Lockejaw · · Score: 5, Interesting

    Do the terms of service say anything about assigning the copyright to Turnitin? Or perhaps expressly allowing this use? If so, is that enforceable given that the school (probably) required students to use Turnitin?
    If not, does this constitute fair use? I would argue that it doesn't, since Turnitin is doing it for commercial gain.

    --
    (IANAL)
    1. Re:Terms of Service by t0rkm3 · · Score: 5, Insightful

      And the greater question is... Is it an undo burden by the school on the student? Can the school legally force the student to consign their work to the intellectual property of a non-public third party?

    2. Re:Terms of Service by Anonymous Coward · · Score: 0

      So does this mean you are against Google books?

      I'd actually be curious to see if Google weighs in on this one. Google has claimed that they have a legal right to index any book and let people search those books under copyright (even though Google is making a complete copy of each book that they store on their server without owning the original work) . Turnitin is basically the same idea, but you are submitting papers and looking for collisions.

    3. Re:Terms of Service by gurps_npc · · Score: 4, Interesting
      The Terms of Service are irrelevant.

      Normal use of this service is by the TEACHER, not the writer. The teacher does NOT have the legal authority to assign the copyright to Turnitin.

      I am sure that the kids took the precaution of having Student A write the paper and Student B submit it, so that there particular law test case will work.

      --
      excitingthingstodo.blogspot.com
    4. Re:Terms of Service by ukyoCE · · Score: 5, Interesting

      Wish I had mod points...parent and grandparent are hitting at the real issue here. As has been pointed out elsewhere, the site has covered its own ass already by having the EULA/TOS say "ALL YOUR PAPERS ARE BELONG TO US".

      The real questions involve the fact that teachers are submitting papers which are not their own IP to the site. Perhaps the teachers or school system can be held liable for copyright infringement, or some sort of fraud for claiming ownership of the copyrighted work of others?

    5. Re:Terms of Service by sinclair44 · · Score: 4, Informative

      Have you ever actually used the service, or are you talking out of your ass?! As a high-school Senior who's been required to use this since my Sophomore year, I know how it works, and it's nothing like that: the teacher only checks the marked paper (e.g. what sections TurnItIn thinks are plagarized); the student is the one that submits the paper, through their account, to the service. Usually, said submitting is a requirement to actually receive any credit for the paper. (To see one of your papers marked up like that is actually really cool, though quite infuriating that they're using my work for massive profit. Not sure if it's illegal, or even if it should be, but annoying nonetheless.)

      --
      Omnes stulti sunt.
    6. Re:Terms of Service by Kadin2048 · · Score: 3, Interesting

      If that's how it's typically used (and it's not clear in TFA's case whether the teachers/professor submitted the papers, or if the students were required to do it themselves), then the question is whether students at a public highschool can be required to surrender their rights to their own intellectual property in order to receive a grade in a required course.

      This is a sketchier argument; in general, most courts in the U.S. have given public schools fairly broad powers to compel students to do anything they want out of them, except where there's a straightforward Constitutional issue (school prayer, vaccinations, etc.).

      In order to make that into a tryable case, some student might have to be willing to really sacrifice themselves; write nothing but grade-A papers, but refuse to submit them to Turnitin and wait for the teacher/school to fail them in a required course and prevent them from graduating. That ought to be actionable, since it's easier to see what the damages are; when the damages are just the loss of exclusive rights to your 11th grade English paper on Hamlet, it's not as compelling.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    7. Re:Terms of Service by Shrubbman · · Score: 1

      Actually at my university I've had a couple classes where we the students had to submit our papers to the site, and in the printed cover sheet for the hard copy we submitted we'd have to include the ID code TurnItIn assigned to our submission for the TA to then check. No code, no mark.

    8. Re:Terms of Service by Anonymous Coward · · Score: 0

      No. It's between the college and turnitin. The teacher is an agent of the college.

      Where I come from (in the UK), students assign the copyright in all the work they produce while they are a student to the University as a condition of entry. Just to make sure, the document in which they agree to that also makes it explicit that the University can lodge copies of their work with services like turnitin.

      If the college in the OP don't have similar terms in place, their lawyers aren't doing their job.

    9. Re:Terms of Service by Jherek+Carnelian · · Score: 1

      In order to make that into a tryable case, some student might have to be willing to really sacrifice themselves; write nothing but grade-A papers, but refuse to submit them to Turnitin and wait for the teacher/school to fail them in a required course and prevent them from graduating.

      I don't think it is terribly 'out of the box' for a kid to do that and see it as a benefit, not a sacrifice.

      Presuming, of course, that universities really are looking for free thinkers and people of principle, then such a "sacrifice" should be worth big points on any college application.
    10. Re:Terms of Service by cmburns69 · · Score: 1

      ...though quite infuriating that they're using my work for massive profit...


      It wouldn't be a viable business model if we never submitted plagiarized works. That this service is in use by some many institutions is a telling indicator of where our society is headed.

      --
      Online Starcraft RPG? At
      Dietary fiber is like asynchronous IO-- Non-blocking!
    11. Re:Terms of Service by Firehed · · Score: 2, Interesting

      Well not necessarily - my school makes me submit my own papers (presumably to get around this issue), but it doesn't change the fact that if I don't do it, I get a zero on the paper. Which I'm sure is equally illegal, but probably under racketeering or blackmail laws rather than copyright infringement.

      --
      How are sites slashdotted when nobody reads TFAs?
    12. Re:Terms of Service by socalmtb · · Score: 1

      A student can be requrired to use such as service without surrenduring ownership. If a student has his/her own account with the service s/he has probably agreed to terms of service. Those terms of service don't have to require that copyright be surrendered.

      The service may request a license to catalog the work for future research purposes only without obtaining ownership. In this case, they would be prevented from reselling the work (comparing other works to the licensed work wouldn't necessarily involve "selling" it. If the service had ownership, a nice way to double dip would be to sell A papers to other students while removing it from the comparison database guaranteeing an original result.

      Anyway, this is similar to the software license I use in my consulting business. I retain ownership of my work. My clients have a lifetime license to use/modify my work as they see fit regardless of whether or not I'm making the modifications. They just can't resell or distribute my work.

    13. Re:Terms of Service by Score+Whore · · Score: 1

      What rights are they surrendering? The right to distribute? Nope, turnitin isn't publishing these things. The right to make duplicates? Nope, turnitin isn't making duplicates.

    14. Re:Terms of Service by YoJ · · Score: 2, Informative

      I'm an instructor for a university. The general principle that universities use is that anything you turn in, you assign copyright to the university. This means the instructor can use turnitin without violating copyright law. Is it right to require students to give up copyright over their own work? I don't agree with it, but it's not unreasonable. Most assignments are similar to "work for hire", written to a specification of someone else for a particular purpose (in this case, grading).

      For public school, you can't choose whether to attend or compare policies between schools. In this case it is the government stealing intellectual property of its citizens. I applaud the kids for standing up to it.

    15. Re:Terms of Service by 5c11 · · Score: 1

      Is it an undo burden by the school on the student?

      That depends on if the school wants something to be undone. Of course, if they want too much undone then it may be an undue undo burden.
    16. Re:Terms of Service by CodeBuster · · Score: 1

      As a high-school Senior who's been required to use this since my Sophomore year, I know how it works, and it's nothing like that: the teacher only checks the marked paper (e.g. what sections TurnItIn thinks are plagarized); the student is the one that submits the paper, through their account, to the service. Usually, said submitting is a requirement to actually receive any credit for the paper.

      It may be the case that you have a more enlightened instructor, but one can certainly imagine that some instructors, once they see that Turnitin has flagged the paper, will automatically fail the student for plagiarism simply because Turnitin says so. The onus is then upon the student to *prove* that their paper was not plagiarized, but the process that Turnitin uses to mark ones' paper is proprietary and not open to review. This would be the equivalent of being charged with a crime in a secret court where you are not allowed to see the evidence or hear the witness testimony against you and are presumed to be guilty until proven innocent. Also, it is possible, once the database is large enough, that just about every possible way to write a paper, especially on common academic subjects (which come up all the time in lower division humanities and writing courses), is covered and that *everyone* must therefore be plagiarizing (at least according to Turnitin that is). The fact that the student submits the paper does not in any way enhance the fairness of the system, it all depends upon the instructor and how they apply the tool.

    17. Re:Terms of Service by oliphaunt · · Score: 1

      It's not "illegal," in the sense that they can be arrested for it. But unless you license your writing to them, they're violating your copyright if they store your paper in their database. And if you're under 18, you can't enter into a binding contract anyhow- your parents have to sign for you. It's generally up to the copyright owner to enforce her copyright, which you would do in this case by filing a lawsuit in federal court. If you're under 18, again, your parents might even have a persuasive claim that the copyright in your papers belong to them, therefore they can sue in their own interest.

      You should sue them. I hear the going rate is $150,000. Better get on that bus fast, becuase once word gets out, everyone is going to do it- and it's going to put these shitheels out of business. You might even be able to find an attorney to take this on contingency. If they go under before they pay out, it's too late for you.

      I had about 2000 students in my high school at any given time. $150k per student, for every student in school, works out to $300,000,000. Three hundred MILLION dollars, for one year's worth of students, at one high school. How many high schools are there in the US? Hell, make the per-paper damages $1000 and I would still sign up to take the case for a 20% cut of the winnings, if I could sign up enough plaintiffs. And the problem for Turnitin is, if the students win one of these cases, they win all of them- for every public school in the country that is using the service.

      I find it bitterly ironic that a company which provides a service to punish people for copying other people's work is only able to operate their business because... they are copying other people's work. Their whole business plan is "do as I say, not as I do." I don't think the courts will be persuaded by that argument.

      --




      Humpty Dumpty was pushed.
    18. Re:Terms of Service by zCyl · · Score: 3, Insightful

      The general principle that universities use is that anything you turn in, you assign copyright to the university.

      By "general principle" I think you mean someone in a university legal department made this up. Since there is no student salary, this is clearly not a work done for hire. So show me a legally enforceable document that students sign which actually transfers this ownership.
    19. Re:Terms of Service by gr8_phk · · Score: 4, Insightful

      The general principle that universities use is that anything you turn in, you assign copyright to the university.
      Bullshit. I never heard of a uni require a student to sign a copyright assignment agreement. nor did I sign one.

      This means the instructor can use turnitin without violating copyright law.
      Um no. Not without a signed legal document.

      Is it right to require students to give up copyright over their own work?
      No.

      I don't agree with it, but it's not unreasonable.
      Glad you don't agree, but it IS unreasonable. Imagine a "writer" teaching a literature class and snaging ideas from a few good students papers. Is that right? Aside from this potential abuse, is there ANY legitimate reason to require a student to assign copyright to the school? Just remember that the school doesn't have a place where they archive all these exciting papers they get. The prof normally grades then and gives them back.

      Most assignments are similar to "work for hire", written to a specification of someone else for a particular purpose (in this case, grading).
      Back to Bullshit again. No one is paying the student. In fact, the student is paying for an education.
    20. Re:Terms of Service by GWBasic · · Score: 1

      The Terms of Service are irrelevant. Normal use of this service is by the TEACHER, not the writer. The teacher does NOT have the legal authority to assign the copyright to Turnitin.

      The college that I graduated from claimed that it owned all IP generated from any academic work generated by its students. Thus, the college owned the copyright to all of my papers.

      I think the same will apply to schoolwork; the school, not the student, owns the IP.

    21. Re:Terms of Service by Anonymous Coward · · Score: 1, Insightful

      Most assignments are similar to "work for hire", written to a specification of someone else for a particular purpose

      Except for, you know, actually being paid to do the work.

    22. Re:Terms of Service by Score+Whore · · Score: 0, Flamebait

      Wow. You're a total idiot. End to end idiot. Idiot from the inside out. In one ear and out the other ear idiot. But maybe in your world turnitin is breaking into these student's homes, creeping up the stairs and stealing their homework out from under lock and key. Unlike in our world, where the teacher or *GASP* the student, send a copy to turnitin. Turnitin accepts submissions you zero. Stupid. Not expletive stupid. Just stupid. Dumb. Ignorant. Stupid. So stupid you try and connect completely unrelated facts. You do not even know the law. Stupid enough to think that doing exactly what is expected, ie. notify the teacher of suspected plagiarism, is publication. If this was my website, I'd ban your entire /8 because you, personally, are so stupid that averaging in IQs of the other twenty-four million people on that network segment still results in an IQ less than a houseplant. You are an idiot wrapped in a moron inside a retard.

      (Mods, go ahead, mod me flamebait. I'm used to it.)

    23. Re:Terms of Service by kisielk · · Score: 1

      At my university, the papers weren't submitted to Turnitin.com by the instructor, students had to upload them themselves. I guess that's one way of avoiding this particular issue.

    24. Re:Terms of Service by sjames · · Score: 1

      Most assignments are similar to "work for hire", written to a specification of someone else for a particular purpose (in this case, grading).

      The only reason a work for hire reasonably transfers rights is the payment. Since the student pays the school, that doesn't really work. In the case of public high school, the payment is made by the public at large, but still the student is not paid (that is hired) to produce the work. The case against a work for hire is even stronger if the student's attendance is compulsory.

    25. Re:Terms of Service by sjames · · Score: 1

      just the loss of exclusive rights to your 11th grade English paper on Hamlet, it's not as compelling.

      Plenty of 11th grade papers are at least as compelling as the crap the RIAA sues over :-)

    26. Re:Terms of Service by Phrogz · · Score: 1

      Is it an undo burden by the school on the student?

      What is an "undo" burden? When the school requires the student to remember what the last 10 edits s/he made to the paper were, so on command they can revise it?

      I think you meant an undue burden. :)

    27. Re:Terms of Service by Coraon · · Score: 1

      Can they, yes they can, universities at their heart are just corps, and corps have been forcing people to sign over IP for years. Should they? no. I think this is nuts, I wront essays for sale a few years back, I have to tell you I dont want someone else profiting of something I alriady made a profit on.

      --
      -Ours is the wisdom of Solomon, the magic of Merlyn, the fall of Icaris.
    28. Re:Terms of Service by pimpin+apollo · · Score: 1

      The parent is mostly correct, in all of these regards. But more generally, there is way too much FUD going on in this discussion.

      First off, assignment and license are different. VERY generally: Assignment is like selling. Licensing is like renting.

      Exclusive licenses and assignments MUST be in writing, and very explicit. Non-exclusive licenses do not, and can be implied -- likely what's happening here. For non-exclusive licenses, a "signed document" is not required.

      Works for hire only applies to employees (and independent contractors, but they require it to be in writing). And not in this high school legal theorizing kind of way, but actually employees. Students are not employees.

      I won't get into the normative arguments here, other than to say that "snagging ideas" for a paper is itself not covered by copyright law, nor should it be, nor should someone who likes the free-culture/copyleft/constitution be comfortable with the idea that copyright should govern "ideas." You may find it morally problematic--that's fine; it's not copyright though. Notably, that doesn't seem to be what's going on here either.

    29. Re:Terms of Service by Builder · · Score: 1

      You probably did sign such a document... You would have signed something that said you agreed to abide by the student handbook and some other docs. Any of those could contain the IP clause.

    30. Re:Terms of Service by darth_fishy · · Score: 1
      From http://www.turnitin.com/static/usage.html

      Your License to Us: Unless otherwise indicated in this Site, including our Privacy Policy or in connection with one of our services, any communications or material of any kind that you e-mail, post, or transmit through the Site (excluding personally identifiable information of students and any papers submitted to the Site), including, questions, comments, suggestions, and other data and information (your "Communications") will be treated as non-confidential and non-proprietary. You grant iParadigms a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications.
      My emphasis.
    31. Re:Terms of Service by Bastard+of+Subhumani · · Score: 1

      The case against a work for hire is even stronger if the student's attendance is compulsory.
      Attendance, yes. Handing in the paper under whatever conditions apply, no. Passing the course, no.
      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    32. Re:Terms of Service by KnowledgeKeeper · · Score: 0

      I feel like I've got to ask this - in the university, who works for whom? Do the students work for university (where they get paid for this work) or do the students pay for being taught? And if they pay for being taught do they give away for free to the university their homework/test results? That is, do students pay for working? :)

      Ah, questions, questions...

      --
      It is always better to be a first grade version of yourself than a second grade version of someone else.
    33. Re:Terms of Service by Anonymous Coward · · Score: 0
      I'm an instructor for a university. The general principle that universities use is that anything you turn in, you assign copyright to the university. This means the instructor can use turnitin without violating copyright law. Is it right to require students to give up copyright over their own work? I don't agree with it, but it's not unreasonable. Most assignments are similar to "work for hire", written to a specification of someone else for a particular purpose (in this case, grading).

      Fuck you in the mouth, you sniveling, lickspittle pawn of the business/university cartel. If the paper is "written to a specification" then write it your sucking self, you whore.

    34. Re:Terms of Service by sjames · · Score: 1

      Attendance, yes. Handing in the paper under whatever conditions apply, no. Passing the course, no.

      A student who habitually refuses to do his assignments is generally subject to disciplinary action beyond a failing grade, but you knew that.

      As you probably also know, an adult who is asked to produce a work for hire without compensation is free to laugh in the person's face. While an attempt to detain the adult would result in criminal and civil penelties, the STUDENT and/or his parents will eventually face criminal sanctions for refusing the detainment.

    35. Re:Terms of Service by t0rkm3 · · Score: 1

      Thanksalot. That's what I get for not previewing... [;-P

  7. that system is pretty flawed. by jessecurry · · Score: 5, Informative

    Last year a big group of people submitted rough drafts to our instructor, they were all run through the system. Then, we submitted our final papers, they were run through the system too, but the second time the class had 30 students that were shown to plagiarize. It really needs work, I understand what they are doing, but the implementation steps on a lot of toes.

    --
    Those who know, do not speak. Those who speak, do not know. ~Lao Tzu
    1. Re:that system is pretty flawed. by Anonymous Coward · · Score: 1, Insightful

      So wait...

      All the rough drafts were ran through the system.
      Then later, the final drafts were ran through the system and came up with collisions.

      Isn't that working as intended? Or was it a class of 500 and only 30 had hits? After all, it wouldn't be a shock that Alice wrote a paper that looked a lot like Alice's rough draft, and Bob wrote a paper that looked a lot like Bob's rough draft and so on.

      I must be missing something!

    2. Re:that system is pretty flawed. by Anonymous Coward · · Score: 0

      The more papers a single writer enters into the system, the more precise hits. I sure re-use the same phrases "over and over" (like this one). So, first-drafts add to the chance a person has plagerized, from oneself!

      The system can't check for "idea" plagerisim, the one that counts. Two sentences can mean exactly the same thing without any words in common. It's possible to re-write whole paragraphs. What system can tell that these example sentences match?
      "Genes form the basic instructions for all life."
      "DNA mark plans to every oranism."

      In general, all Cheating Detection sites have the same problems as any other pattern-match system. If it's too broad, then it matches everything. If it's too precise, it matches a piece "exactly" without context.

      I graduated college in 1995, before internet cheating detection sites. So, I can't claim any first-hand knowledge, here.

    3. Re:that system is pretty flawed. by Marlow+the+Irelander · · Score: 1

      I imagine that the issue is that the system doesn't recognise (perhaps by having the student's name entered? or by having a database opt-out for the rough drafts?) that Alice's final draft isn't plagarised from Alice's rough draft.

    4. Re:that system is pretty flawed. by Lijemo · · Score: 1

      Last year a big group of people submitted rough drafts to our instructor, they were all run through the system. Then, we submitted our final papers, they were run through the system too, but the second time the class had 30 students that were shown to plagiarize.

      So, what was the outcome of that? Did those 30 students face any penalties (grades, disciplinary, etc) for having a final draft that "plagerized" the rough draft for the same paper?

      Also, did the teacher learn from that snafubar, or does s/he still have students submit multiple versions of the same paper to the service?

    5. Re:that system is pretty flawed. by jessecurry · · Score: 1

      30 students were failed.


      j/k... but the first few people who turned in their assignment early were held after class the following day and asked to bring in copies of all of their sources to show where they got the info from.

      --
      Those who know, do not speak. Those who speak, do not know. ~Lao Tzu
    6. Re:that system is pretty flawed. by RoloDMonkey · · Score: 1

      I used Turnitin when I was a teacher years ago, and I'm pretty sure that you can set up your account so that it doesn't flag work done by the same person. The way I understand your complaint, if 500 students submitted rough drafts and a similar number submitted final drafts then all of them should have been flagged. The fact that there was only 30 suggests that the service didn't recognize the returning student, or that the service identified a plagiarism that wasn't there before, either the student added something or there was something new in the database.

      --
      Long live the Speaker Bracelet
      Rolo D. Monkey
  8. Clear case of Fair Use by lakeland · · Score: 4, Interesting

    This is identical to Google Book search. You may copy text for all sorts of protected purposes.
    I hope it is thrown out while leaving plenty of egg on the students' faces.

    1. Re:Clear case of Fair Use by Adambomb · · Score: 1

      so, since the students works are the primary resource for TurnItIn to remain viable, how much of a cut should the clean students get for their work? or should turnitin be making a profit off others materials with no recompense for those who supply them with the means to do so?

      And why should the students have egg on their face for not wanting others to profit from their works with no compensation?

      Just curious since the tone of your post seems to assume that the students are in the wrong in some way.

      --
      Ice Cream has no bones.
    2. Re:Clear case of Fair Use by metlin · · Score: 4, Insightful

      While I won't repeat what others have said, bear in mind that one of the essays had an explicit notice forbidding them from archiving it, but Turnitin went ahead and did it anyway.

      And secondly, the company is making money using the content from the students.

      How is any of that fair use?

      Not to mention that these systems are used by people assuming that all students cheat, which is bad to begin with. So much for morale.

    3. Re:Clear case of Fair Use by Otter · · Score: 1
      Just curious since the tone of your post seems to assume that the students are in the wrong in some way.

      He's not saying they're "in the wrong in some way", just that (and I think he's correct) there's not a copyright violation on Turnitin's part. If the company were distributing the body of text in some way, it'd be different, but their current model seems OK.

    4. Re:Clear case of Fair Use by bigbigbison · · Score: 4, Insightful

      First off, there have been a lot of legal rumblings about google's book search. Google has modified it so that they no longer have the whole book online unless the publisher allows it or it is out of print. If you want your book out of it, there is a way to do so http://books.google.com/support/bin/answer.py?answ er=43756&topic=9011 Turnitin has no such opt out process.
      Secondly Google offers this as a free service. Although it has ads, there are also links to several book sellers which would allow the person who wrote the book and the publisher to get a sale from it. Turnitin is not a free service. They are directly profiting from the work of college students who do not and cannot see any monetary reward from their work being forcefully included in the turnitin database.
      It doesn't sound the same at all to me.

      --
      http://www.popularculturegaming.com -- my blog about the culture of videogame players
    5. Re:Clear case of Fair Use by Jeremi · · Score: 1
      should turnitin be making a profit off others materials with no recompense for those who supply them with the means to do so?


      Ah, but the students are getting some recompense ... they benefit in that they no longer have to compete against cheaters. A level playing field is a nice thing to have.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    6. Re:Clear case of Fair Use by lakeland · · Score: 1

      s/Students/Publishers/gi, s/TurnItIn/Google Book Search/gi
      --
      so, since the publishers works are the primary resource for Google Book Search to remain viable, how much of a cut should the publishers get for their work? or should Google Book Search be making a profit off others materials with no recompense for those who supply them with the means to do so? And why should the publishers have egg on their face for not wanting others to profit from their works with no compensation?
      --
      See for example: http://www.lessig.org/blog/archives/003292.shtml

      Yes, the student's work provides that backbone of TurnItIn's service, but provided TurnItIn stays within Fair Use, the students are entitled to nothing. To pick another example, I recently generated a thesaurus using (copyright) text by quite a number of authors. I did not pay any of them anything even though my product is essentially useless without their work. Incidentially, I also implemented something almost identical to TurnItIn, but I only applied it to the student's work I was marking. I didn't go the extra step of generalising it and making it work for everyone.

      As for egg, my point is the students are being just as greedy as the publishers. A certain amount of greed encourages innovation - if you didn't want more you wouldn't bother to work hard. But excessive greed stifles innovation (such as preventing Google Book Search or TurnItIn).

    7. Re:Clear case of Fair Use by bigbigbison · · Score: 1

      No they are getting the illusion that they are no longer competing against cheaters. If someone for example were to have someone who was an expert in the field write the paper for them there would be no way of catching that person. The system may catch a plagiarist, but not a cheater.

      Also, I've taught college for a few years and catching people who plagiarize is typically easy. Plagiarists typically plagiarize because they are lazy. I've caught more than one plagiarist by putting the title of the paper into Google. I've also caught a few others because the paper has little or nothing to do with the assignment.

      If anything catching all these types of plagiarists would make the class average higher and not lower.

      Finally, while I can't speak for all teachers, my classes aren't competitions. They aren't competing against anyone. It isn't as if I or any of my fellow teachers say "only 10% of the class can get an A" or anything.

      --
      http://www.popularculturegaming.com -- my blog about the culture of videogame players
    8. Re:Clear case of Fair Use by Anonymous Coward · · Score: 0

      You being a teacher is what is wrong with the current education system.

    9. Re:Clear case of Fair Use by dubl-u · · Score: 1

      so, since the students works are the primary resource for TurnItIn to remain viable, how much of a cut should the clean students get for their work?

      Exactly as much as they can make selling their paper on the open market to another service like TurnItIn. That is, zero.

      The basic point of copyright is to give authors an incentive to create and publish their works. That incentive is not diminished, because TurnItIn is not sellling the papers on or making additional copies. The universities have given them a copy, and they keep it. The students have experienced no harm, and so have no grounds to sue.

    10. Re:Clear case of Fair Use by Score+Whore · · Score: 1

      Finally, while I can't speak for all teachers, my classes aren't competitions.


      Tell that to the salutatorian.
    11. Re:Clear case of Fair Use by Pollardito · · Score: 1

      And secondly, the company is making money using the content from the students. are they redistributing the work though? it seems like all they're really doing with your paper after it's submitted is using it as a body-of-evidence for future fraud, which is only accessed if someone copies it (or a false positive) and not as some sort of mass-republishing service. but i guess i don't really know how they spotlight suspected fraud (in the future paper that they think infringes on your work), do they transmit your entire saved paper to the professor as evidence?

      just making money using content isn't enough of a test for copyright violations either. if i open a book in the bookstore and read the first page and use that knowledge to make money (not to resell the text of that page), i've made money off that content right?
    12. Re:Clear case of Fair Use by _Sprocket_ · · Score: 1

      While I won't repeat what others have said, bear in mind that one of the essays had an explicit notice forbidding them from archiving it, but Turnitin went ahead and did it anyway.

      And secondly, the company is making money using the content from the students.


      Keep in mind that the copyright holder does not determine fair use. The student's statement, at best, establishes copyright.

      Secondly, monetary gain is not a litmus test for fair use. Consider that not making money from violating copyright does not shield you from copyright laws. And some of the biggest proponents and benefactors of fair use are commercial publishers.

    13. Re:Clear case of Fair Use by jessecurry · · Score: 1

      If a student were to create a work, and license that work to other students with terms in the license that state that when the work is incorporated into any original work no citation is to be given, would it still be considered plagiarism to use it in a work without attribution to the original author?

      If not, can a student sue turnitin for falsely reporting plagiarism?

      --
      Those who know, do not speak. Those who speak, do not know. ~Lao Tzu
    14. Re:Clear case of Fair Use by dubl-u · · Score: 1

      If a student were to create a work, and license that work to other students with terms in the license that state that when the work is incorporated into any original work no citation is to be given, would it still be considered plagiarism to use it in a work without attribution to the original author?

      Basically, yes. When you hand in your paper with your name on it, you are representing your work as your own. They might call it "academic fraud" rather than "plagiarism", but either way it's both forbidden and wrong.

  9. Totally agree by ocdude · · Score: 4, Informative

    This really pisses me off. I did all that work and it gets submitted, without prior consent sometimes, to a database for a company to make a profit off of while I get nothing in return? Of course, it all depends on the university as well. For example, I'm doing a year abroad. It shocked me that before coming to this university, we had to basically sign over copyright to the university for anything we created while students here. Essentially, every single project or paper I have turned in for a grade to this university now belongs to them. I raised the issue with the director of the program and she looked at me as if I was some sort of freak because I actually like retaining the rights to any content I create, giving it out as I see fit.

    1. Re:Totally agree by virtualsobriety · · Score: 1

      As a recipient of a degree in programming, I know first hand that anything you do at any college becomes the property of that institution. Do a ground breaking medical study, write the greatest OS of all time, it is the property of the University, so don't be so appauled at a university claiming ownership of something you turn in.
                          As for the turnitin issue, the idea is a bit scary from the big brother stand point, and if the paper was submitted in a public k-12 situation it should absolutly be the students right to stand against this. As for Private schools or Universities, you have the issue that when you turn something in it becomes the property of the institution to do what they please with, so this should be fine. Plus I think it potentially protects the writer, because I found that handing in papers in college became extremly difficult because professors decided that no one could come up with a similar thought to something written somewhere, and often made me go out and hunt for a source that had an idea that I came up with independently. I handed in a paper in which I cited every letter of every word and quoted my 1st grade teacher as the source...The professor was not ammused.

    2. Re:Totally agree by nate+nice · · Score: 1

      Get a life. I'm sure the content you made in school is so valuable.

      You people need to get over yourselves. No one is selling anything. What's the problem with keeping a database of known papers so as to catch would be cheats?

      So they're making money off of it. Should have thought of it first.

      But homework assignments are exercises and just that. This system gives universities the ability to enforce plagerisim and PROTECT your original work. You still hold copyright and no one is publishing anything. They are simply using yorr paper to compare against others to make sure no one is coying your work. They don't sell or even make available your paper.

      This is akin to every teacher on Earth making a copy of any paper they've graded and allowing the others to compare them to make sure they aren't copied. What's the problem with that?

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
  10. Where is your homework ? by Anonymous Coward · · Score: 2, Funny

    My homework is finished, it is not yet copyrighted and you haven't returned the nondisclosure form to my attorney. Deduct points and I'll sue ya.

    1. Re:Where is your homework ? by davidwr · · Score: 4, Informative

      It was copyrighted the day you fixed it to a tangible medium.

      --
      Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    2. Re:Where is your homework ? by Himring · · Score: 2, Interesting

      My systematics professor told the story of a student who turned in a term paper one year, and as the professor began flipping pages, there on the page were his photo-copied marks that he made on the original paper the year before.

      IOW, the guy had taken some other guy's paper from a previous year, photo-copied it, and turned it in as his own. I guess he had changed the title page or something, but didn't even take the time to _look_ at the rest of the pages to even see the markings.

      Professor calls the guy in and says, "do you need to tell me anything about this paper?" And the kid is like, "I really enjoyed doing it." Professor is like, "anything else?" The kid catches on and says, "are you gonna give me an f on the paper?" The professor is like, "you're going to flunk the class and luck for you I'm not going to get you expelled from the school...."

      --
      "All great things are simple & expressed in a single word: freedom, justice, honor, duty, mercy, hope." --Churchill
    3. Re:Where is your homework ? by 'nother+poster · · Score: 2, Informative

      But, it IS copyrighted. It is copyrighed as you create it. The registration only raises the limits on damages.

    4. Re:Where is your homework ? by zippthorne · · Score: 2, Insightful

      Yeah we had this problem at my university, too. No professor wants to be responsible for a student actually being expelled, and for some reason they often assume that the act of plagiarism is limited to solely his own class, so they just fail the student on that assignment or for the class, and it never makes it into the "permanent" record. The school had a grace limit: you wouldn't get expelled on the first (and IIRC, even the second) offense, but that was defeated by all the professors who simply did not report the incident.

      --
      Can you be Even More Awesome?!
    5. Re:Where is your homework ? by Al+Dimond · · Score: 1

      In my high school something nearly as bad happened. During my junior year some of the honors English students were caught copying from SparkNotes on a paper. Not only did some of them copy the same excerpts from the website, but some of them had just copy-pasted from their browsers and had "hyperlinks" (words that shows up blue and underlined) and font changes in the papers they turned in.

      I had the same teacher for my (lower) English class. The episode made her a little bit paranoid about cheating. I was regrettably slacking off a bit in the class, but I actually did a good job on one of the papers. The teacher called me in after class, suspicious that I'd cheated because the writing style seemed too mature to be mine.

  11. Well.... this is interesting by LordPhantom · · Score: 1

    Preface: I am not a lawyer, I can't even play one on TV. So.... I would have assumed that when they sign up to use TurnItIn they agree to some sort of legal terms.... perhaps that's not the case?

    If they did, I would assume the appropriate lawsuit would be against the schools that are forcing them to attend (truancy laws) and submit copyrighted works.

    That, in turn, would never work for (American, at least) University students, as from what I know (the few I've attended) they have students sign agreements about the works they produce while in class, etc.

  12. New rules for incoming students by davidwr · · Score: 3, Insightful

    AnyUniversity, USA

    New Student Application

    The undersigned hereby agrees to allow AnyUniversity, henceforth known as "The Univeristy," its employees, officers, and agents, a non-exclusive, perpetual right to store or publish copies of all work submitted for course credit.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:New rules for incoming students by gurps_npc · · Score: 2, Insightful

      They may have that right, they may not. But I bet you $10 that right is not TRANSFERABLE to other people, and Turnitin is demanding they transfer that right.

      --
      excitingthingstodo.blogspot.com
    2. Re:New rules for incoming students by Anonymous Coward · · Score: 0

      WITHOUT PREJUDICE UCC 1-207,
      Anonymous Coward

  13. Formally copyrighted? by sdo1 · · Score: 2, Insightful

    ...and they formally copyrighted their papers prior to their submission to Turnitin. What exactly does that mean? I was under the impression that the mere act of creating the work rendered it "copyrighted".

    -S
    --
    --- What parts of "shall make no law", "shall not be infringed", and "shall not be violated" don't you understand?
    1. Re:Formally copyrighted? by georgewilliamherbert · · Score: 4, Informative

      It ususally means having registered it with the government. The usual terminology is "registered copyright" rather than "formally", but other coverage makes it clear what they did.

    2. Re:Formally copyrighted? by the_doctor_23 · · Score: 5, Informative

      ...and they formally copyrighted their papers prior to their submission to Turnitin. What exactly does that mean? I was under the impression that the mere act of creating the work rendered it "copyrighted".
      From http://www.copyright.gov/circs/circ1.html#cr:
      If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
      --
      "Extraordinary claims require extraordinary evidence" - Carl Sagan
    3. Re:Formally copyrighted? by Anonymous Coward · · Score: 1, Informative

      In the USA, it means sending a copy to the Library of Congress

    4. Re:Formally copyrighted? by MobyDisk · · Score: 2, Informative

      It ususally means having registered it with the government. That is not correct. In the United States, as of 1978, you do not have to register something for it to be copyrighted. It is very very very rarely done.

      Excerpt from Copyright office basics:

      A work that was created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death.
    5. Re:Formally copyrighted? by xigxag · · Score: 3, Informative

      But follow your own link. You DO have to register your copyright to sue, and in order to receive statutory (as opposed to compensatory) damages, the registration must be within three months of publication, or prior to the infringement of the work.

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    6. Re:Formally copyrighted? by rnelsonee · · Score: 1

      Well, the poster is still correct. While it's true anything you write (even if it's jotted on the back of a napkin) is copyrighted, it's not *registered* with the gov't, which means they never get a copy of it, and as such, it may be a little harder to prove that you wrote such-and-such and whatever date.

  14. Turnitin for research? by sBox · · Score: 1

    I'm not sure of the law regarding the service, but wouldn't seem too far out if they began offering their repository as a student research tool. The product may not be professional quality, but it would sure give one a lot of ideas when writing yet-another-paper on Biblical symbolism in Moby Dick. Everything should be footnoted, so you could go back to the sources too.

  15. Are tax dollars are paying for this service? by ajenteks · · Score: 1

    If so, here's a better idea. Take the money spent and apply it to hiring more teachers to get smaller class sizes. This way, teachers can get a good idea of their students' voices and be able to tell if something seems plagiarized. Hey, this might even have other benefits for the kids too.

    1. Re:Are tax dollars are paying for this service? by Rakishi · · Score: 1

      More teachers don't do much when you don't have space for extra classrooms. My elementary school turned the auditorium into classrooms before I got there and did the same to the library while I was there. I'm sure they'd have done the same to the outside cement yard area if the historic status of the building didn't prevent most external modifications. A high school near where I lived had those mobile classrooms outside the building for a decade or so now.

      Not to mention that given the quality (or rather lack there of) of teachers I've seen during my school years the less students interact closely with them the less school shootings we'll have. Quantity does not equal quality and shitty teachers are much worse than overcrowded classrooms imho.

      One teacher for example never read homeworks, apparently it took her 9 months to realize one kid's homeworks consisted entirely of "You're a bitch" (and similar phrases). Another one had three petitions started to get her fired but none had any impact despite large numbers of signatures (thank you union). I still remember one time having to explain something in chemistry to the class because the teacher was too incompetent to do so, keep in mind that this was one of the rare moments that I wasn't sleep in that class. Hell, my middle school math teacher was so utterly bad (and the school so utterly unhelpful) that I learned calculus (and passed the AP exam) mostly so I'd never have to deal with her kind ever again.

  16. I hate that fucking bot... by garcia · · Score: 4, Interesting

    I didn't want that god damn bot spidering me anymore so I went to the URL they offer during the crawl: http://www.turnitin.com/robot/crawlerinfo.html

    Right there it tells you how to turn the fucking thing off.

    User-agent: TurnitinBot
    Disallow: /

    One of the McLean High plaintiffs wrote a paper titled "What Lies Beyond the Horizon." It was submitted to Turnitin with instructions that it not be archived, but it was, the lawsuit says.

    So, instead of suing first, I assume that these students sent a certified letter demanding the content be removed from the database? The article doesn't specifically say, but I have a feeling that's not what happened.

    1. Re:I hate that fucking bot... by drinkypoo · · Score: 1

      So, instead of suing first, I assume that these students sent a certified letter demanding the content be removed from the database? The article doesn't specifically say, but I have a feeling that's not what happened.

      Since turnitin is not eligible for protection under the safe harbor portion of the DMCA, they have every right to sue first and ask questions later.

      Copyright infringement is one of those things that is illegal regardless of intent (as has been explained forcefully to me in the past) and if it's being done for financial gain it carries pretty stiff penalties on top of any civil suit that might be brought against you. If the civil suit succeeds you can expect turnitin to be fined. The feds love cash.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:I hate that fucking bot... by Anonymous Coward · · Score: 0

      Someone already did, and went through a several-months-long process before they (Turnitin) relented. The back-and-forth emails can be read here: http://www.mikesmit.com/page.php?id=24

      The author of that page has a bunch more material about Turnitin and their less-than-ideal business practices on his site; it's worth reading.

    3. Re:I hate that fucking bot... by mikelieman · · Score: 1

      Hey, why not just issue a DMCA Takedown Notice on their ISP?

      --
      Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
  17. Going nowhere fast? by Old+Man+Kensey · · Score: 1, Informative

    Here's the relevant section of the Turnitin usage terms:

    "Your License to Us: Unless otherwise indicated in this Site, including our Privacy Policy or in connection with one of our services, any communications or material of any kind that you e-mail, post, or transmit through the Site (excluding personally identifiable information of students and any papers submitted to the Site), including, questions, comments, suggestions, and other data and information (your "Communications") will be treated as non-confidential and non-proprietary. You grant iParadigms a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications. [bold & italic emphasis mine]

    The bold part is what will kill the suit (assuming it predates the filing of the suit), but the italic part is pretty scary too: if your submission is something involving an invention, you just granted Turnitin an unlimited license to use your idea for any purpose.

    --
    -- Old Man Kensey
    1. Re:Going nowhere fast? by Anonymous Coward · · Score: 5, Informative

      Huh? The bold part is irrelevant to the lawsuit. The students are protesting the use of their papers not random communication with iParadigms. As such, the terms of service seem to clearly exclude student papers from the all-encompassing rights grab of the rest of the paragraph.

    2. Re:Going nowhere fast? by Joe+The+Dragon · · Score: 1

      You just say that you paper for the invention was part of a forced class that you took and you owned the rights to it before you turned it in.

    3. Re:Going nowhere fast? by jaxom_01 · · Score: 5, Insightful

      The problem is that the teachers/staff have no rights to give to Turnitin. The students hold all rights to their own works and the students were never asked to agree to those clauses. I think that it is a clear violation of copyright.

      --
      The post made with 100% recycled electrons
    4. Re:Going nowhere fast? by Shimmer · · Score: 1

      MOD PARENT UP for reading the TOS correctly.

      --
      The most rabid believers in American Exceptionalism are the exact same people whose policies are destroying it.
    5. Re:Going nowhere fast? by SashaMan · · Score: 1

      But read the section you posted more carefully:

      Unless otherwise indicated in this Site, including our Privacy Policy or in connection with one of our services, any communications or material of any kind that you e-mail, post, or transmit through the Site...

      The issue is when the "you" in this case is the teacher, posting works that are written by the students. The teacher cannot just waive the rights of the students.

      Regardless, I agree with a previous poster that this sounds like a fine example of fair use, similar to Google Books.

    6. Re:Going nowhere fast? by gurps_npc · · Score: 1
      1.Turnitin service is used by the teachers, not the students. The teacher/school does not have the legal authority to give Turnitin the rights they demand on the STUDENT'S work. It would be like me selling someone else the right to somethign you wrote.

      2. They can say anything they want to, but a judge may declare their contract in bad faith and throw it out.

      3. The italicized part is why the students are unhappy and are suing.

      --
      excitingthingstodo.blogspot.com
    7. Re:Going nowhere fast? by Zenaku · · Score: 2, Interesting

      Did you even read what you quoted?

      "Your License to Us: Unless otherwise indicated in this Site, including our Privacy Policy or in connection with one of our services, any communications or material of any kind that you e-mail, post, or transmit through the Site (excluding personally identifiable information of students and any papers submitted to the Site), including, questions, comments, suggestions, and other data and information (your "Communications") will be treated as non-confidential and non-proprietary. You grant iParadigms a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications."

      --
      If fate makes you a motorcycle, you become a motorcycle.
    8. Re:Going nowhere fast? by corran__horn · · Score: 1

      That section of the TOS seems to be about comments (communications), not papers. There still is significant questions as to the validity of that style of copyright assignments. I would also wonder what problems this being a mandated program will be. It will be more interesting as details come out (think if the teacher had submitted without a written assignment of copyright).

      --

      If people can connect to one another even the smallest of voices will grow loud.
      --Serial Experiments Lain
    9. Re:Going nowhere fast? by Mattsson · · Score: 1

      We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications. So, If I've written a paper and it includes a really great idea or design I've come up with, I automatically grant them the right to use my that for creating a product based on it if my school forces me to submit my paper to Turnitin?
      That's just idiotic. Who in their right mind would agree to such terms?
      --
      /.Mattsson - My native language is not English, so please don't whine over linguistic errors. (That's lame anyway...)
    10. Re:Going nowhere fast? by frenchs · · Score: 1

      As with nearly everybody else here... I'm not a lawyer.

      So lets say the judge rules on this passage in the absolute worst light possible, stating that when you submit, you give them perpetual license to use your content at they see fit.

      Now, if your a student and it's required by the instructor that you turn in through this application, does that constitute duress? And if so, is this contract enforceable since it was entered into under duress?

      http://en.wikipedia.org/wiki/Contracts#Duress_and_ undue_influence

    11. Re:Going nowhere fast? by PsychoSlashDot · · Score: 5, Insightful

      I am SO confused. I thought information wanted to be free? I thought we don't mind other people "sharing" data. I thought the person who puts their hands on the digital data is the one who decides what the creator should, or shouldn't be entitled to. I thought the copyright infringer is the one who gets to determine what sort of distribution methods are, or are not viable.

      These students should be plenty happy. They get what they're "entitled" to out of their work: (good) grades. It's just greedy to be concerning yourself with the idea that some commercial entity which enables professors to MORE AFFORDABLY provide you your education (by way of spending less time simply checking for plagiarism) should be forking over some portion of their profits.

      I know this'll be an unpopular viewpoint. Whatever side of copyright infringement a group of young student-types are on at the moment is the "right" one. My mistake.

      When you hit grad-student levels and someone "steals" papers you'd otherwise publish, thereby depriving you of your livelihood, we'll talk. Otherwise hand in your damned homework, get your grades, pass you class, get your degree and go get a job.

      --
      "Oh no... he found the .sig setting."
    12. Re:Going nowhere fast? by BlackRookSix · · Score: 1

      Recommend you read the TurnItIn site before you run off with this opinion. As has been stated by students required to use the service, THEY are the submitters to the site, and yes, they have to click through a EULA when registering.

    13. Re:Going nowhere fast? by Hrvat · · Score: 1

      NOT.

      Read the parenthesis right before the bold section.

      "EXCLUDING personally identifiable information of students and ANY PAPERS SUBMITTED TO THE SITE."

      --
      TANSTAAFL
    14. Re:Going nowhere fast? by Anonymous Coward · · Score: 0

      But, how may of these students are under 18 and are not able to legally SIGN a contract?

    15. Re:Going nowhere fast? by TubeSteak · · Score: 2, Insightful

      These students should be plenty happy. They get what they're "entitled" to out of their work: (good) grades.
      They're entitled to be the sole owner of the copyright on any and all of their work that are not created for hire.

      When you hit grad-student levels and someone "steals" papers you'd otherwise publish, thereby depriving you of your livelihood, we'll talk. Otherwise hand in your damned homework, get your grades, pass you class, get your degree and go get a job.
      When you hit adulthood and someone "steals" rights you'd otherwise use, thereby depriving you of your livelihood, we'll talk.

      I'm not going to bother kludging together something for the second sentance.

      Suffice it to say that your argument is based on a premise along the lines of "it's not like you were using those rights anyways." Personally, I find that argument fallacious and take offense when people use it.

      What if every student submitted every paper they wrote to the Copyright Office?
      Would you also tell them to stfu and gbtw?
      --
      [Fuck Beta]
      o0t!
    16. Re:Going nowhere fast? by Old+Man+Kensey · · Score: 1

      Well damn if you aren't right -- that's what I get for skimming legalese. But I did find a definitive statement from iParadigm on the issue in which they basically assert that fair use protects them even more so than more ordinary uses like parody. I'm not sure I buy it -- they'd be in better shape legally if their user agreement explicitly granted them a license. Then students would have no case against iParadigm, though they might have one against a third party who submitted their work without their consent.

      --
      -- Old Man Kensey
    17. Re:Going nowhere fast? by wirelessbuzzers · · Score: 1

      I thought the person who puts their hands on the digital data is the one who decides what the creator should, or shouldn't be entitled to. I thought the copyright infringer is the one who gets to determine what sort of distribution methods are, or are not viable. Allow me to add another pinch of cynicism, this one slightly less bitter.

      The RIAA are the big players in the game, and they're widely (and mostly correctly) regarded as jerks. They're known for screwing over their own artists, for filing shotgun-style lawsuits, for crippling their products with DRM, and for lobbying heavily to the government for draconian, abusable, innovation-chilling laws. Therefore, people can justify infringing their copyright, because they don't like "vicious bastard" as a business model. Similarly for Microsoft, MPAA and BSA. To a large degree, piracy is about free stuff, and justification of piracy is about Sticking It To The Man.

      But here TurnItIn.com is The Man, as well as the infringer. The cheaters don't like them because they make it harder to cheat. The non-cheaters don't like them because they're treated as potential cheaters, because it makes it more annoying to turn in assignments, and because of the annoyance/risk of false positives. Half the professors don't like TurnItIn either. Mostly it's favored by the administrations, which are also The Man. And the students and professors have no choice but to use TurnItIn, because the administration controls university policy. So Slashdot (by which I mean the prevailing opinion in these threads) is happy, because The Man is Getting It Stuck To Him.

      I thought information wanted to be free? I thought we don't mind other people "sharing" data. A lot of that rhetoric is actually justified, and consistent with this article. For many purposes, many Slashdotters choose (or feel that it is morally correct to choose) to license their work under permissive licenses, because if the work turns out to be useful, this maximizes social value. It might even help out the coder or artist, at least in the early stages of his career: it's easier to gain recognition for work if it's freely available, and good proprietary work is sometimes prejudicially ignored (this is particularly the case in my field, cryptography). Also, Slashdotters favor the GPL, which keeps derivative works Free, but TurnItIn.com is not Free (for pretty much any reasonable definition of that term).

      Furthermore, the "information wants to be free" rhetoric does not mean what you think it means. At least originally, it was not a moral statement. The original rhetoric was that "information wants to be free" in the same way that "water wants to flow downhill". That is, it takes a lot of effort to stop useful information from being copied everywhere. It's best not to base your business model (or your society?) on restricting the flow of information, because this state will be hard to maintain. Of course, people now use it to mean that "information should be free", which is a stronger statement. In particular, the original meaning does not justify copyright infringement. It only says that copyright infringement is to be expected.

      So, have I been trolled?
      --
      I hereby place the above post in the public domain.
    18. Re:Going nowhere fast? by KnowledgeKeeper · · Score: 0

      I am SO confused. I thought information wanted to be free?

      Sure. Use my work. But don't sign your name over mine.

      --
      It is always better to be a first grade version of yourself than a second grade version of someone else.
    19. Re:Going nowhere fast? by Anonymous Coward · · Score: 0

      I used to TA a course where students submitted quite a few essays. Due to the number of students, each TA only graded a portion of the essays. Before Turnitin, we had to read every single essay (hundreds!) for each assignment in order to catch cheaters. Catching students who copied essays from previous years was extremely difficult. Turnitin fixes this. It is unfortunate, but students cheat (and are quite ballsy about it, sometimes copying directly from Wikipedia). It would be unfortunate if we weren't able to use Turnitin anymore.

  18. I don't know about this by edbob · · Score: 1

    It seems to me that eventually every paper submitted to such a service would come up flagged as plagiarized. Since it keeps collecting papers, eventually two of them will match. How many different reports can a kid write on, for example, nuclear power? Isn't plagiarism supposed to be the direct copying of a work? How can such a system prove that the work was copied rather than just coincidently similar?

  19. This will be interesting by corran__horn · · Score: 1

    Going though their terms of use, it would seem they do not try to claim copyright (which is surprising, as many others try to landgrab user copyright). This really could land them in hot water, as they then don't even have a contract to rest on. Does anyone have their clickthrough for students? I am curious what the legal ramifications of being used in a public school are, as it would be a legally enforced (you have to go to school) theft of copyright. I am also curious what their storage was like, as if they didn't respect a request not to archive a paper they are in hotter water then if they never asked. It would be interesting to have tried sending DMCA notices, as this would force them into a even more sticky situation.

    --

    If people can connect to one another even the smallest of voices will grow loud.
    --Serial Experiments Lain
  20. Business plan... by alexhs · · Score: 1

    According to the lawsuit, each of the students obtained a copyright registration for papers they submitted to Turnitin. The lawsuit filed against Turnitin's parent company, iParadigms LLC, seeks $150,000 for each of six papers written by the students.

    "My son's major objection is that he does not cheat, and this assumes he does. This case is not about money, and we don't expect to get that." Yeah, right ! I always register what I write, of course !
    --
    I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    1. Re:Business plan... by karmatic · · Score: 1

      While it could be about the money, it's also quite possible that this is, in fact, a negotiation technique similar to those used by the RIAA.

      Statutory damages are a pain (up to $150,000 per offense), and Turnitin isn't going to want to pay them, and especially isn't going to want to have precedent like that with their huge database.

      The people brining the lawsuit can use the potential (though unlikely to be applied in full) damages as a bargaining chip - forcing Turnitin to either settle, or risk $900,000 worth of damages for these 6 papers, and a whole lot more for the database itself.

    2. Re:Business plan... by alexhs · · Score: 1

      The registration part annoys me. I would say it's more similar to the RIAA somewhat giving away illegal copies then suing.

      I can't see any reason why these students would have registered their documents, except for the purpose of getting somewhat solid grounds in a provoked lawsuit for copyright violation...

      --
      I have discovered a truly marvelous proof of killer sig, which this margin is too narrow to contain.
    3. Re:Business plan... by Ritchie70 · · Score: 1

      Remember being in high school?

      They're probably idealistic kids who are hoping to actually change the world in some small way, make it better. The money is a nice perk, but it really may not be the prime motivation.

      --
      The preferred solution is to not have a problem.
    4. Re:Business plan... by karmatic · · Score: 1

      Turnitin is doing something these students feel is unethical. They feel that they should have more control over their work. The law that covers what control authors have over their work is copyright law, and the only way they can get a court to do anything about Turnitin is to sue.

      So, given that:

      a) without the law, they have no recourse against Turnitin
      b) the section of the law that deals with this sort of thing is copyright (i.e. the right to make copies)
      c) the only way to get the courts to rule on it is to sue
      d) their suit is potentially strengthened by registering the document with the copyright office

      What other reasonable action can they take? It's not like they can boycott Turnitin and let the "free market" sort it out - they aren't Turnitin's customers. Why would they deliberately weaken their chances in a lawsuit, and what alternative to a lawsuit do they have?

  21. Not for most undergrads in the USA by davidwr · · Score: 1

    Grad students are a different story, particularly for students on research fellowships.

    The rules are usually spelled out in the University Catalog or other published policies.

    I expect either the students or the university will have an "instant win" by pointing to the policies and the Catalog.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
    1. Re:Not for most undergrads in the USA by Anonymous Coward · · Score: 0

      Where I was in grad school, the results of any required coursework belonged to the student in question, both for undergrads and grad students, even those on fellowships. Likewise, all lesson plans belonged to the teacher who prepared them, not the school. This was all spelled out explicitly in the official school literature. (The results of grad student research, on the other hand, belonged to the school and perhaps other parties, depending on funding agreements.)

  22. If you don't like it... by Anonymous Coward · · Score: 0

    Don't Turnitin!

  23. Term Papers Want to Be Free by CohibaVancouver · · Score: 1

    ...or so Slashdot has tried to convince me.

  24. Schools don't get unlimited rights to your work by csoto · · Score: 1

    Submitting work to your instructor typically conveys certain non-exclusive perpetual rights to the materials upon the school. It does not, however, strip your rights to the materials. Unless you signed an agreement, it most certainly does NOT allow the school to transfer those rights to a third party. This is a good fight and I hope it sets precedent.

    --
    There exists no way of exchanging information without making judgments. --Bene Gesserit Axiom
  25. This is very clever by Qwerpafw · · Score: 2, Interesting

    I hope they win. All too often copyright is being used as the tool of large corporations against the little man. It's time the individual fought back against the big companies.

    Turnitin.com plays on the rampant fears of plagiarism to sell a service students really don't have any choice of using. The teacher submits the papers, and the students have no control over their copyrighted material. You essay, your intellectual property, disappears into the black hole of turnitin.com and never comes out.

    1. Re:This is very clever by pimpin+apollo · · Score: 1

      I agree, this seems wrong, and it feels good for copyright to be used against these kinds of people, but let's be logical about this. We want a broad fair use right. If they weren't copying papers, but were copying books so that you could search them, would you feel the same way? Many of the same arguments we'd make about why this is ok for Google -- it doesn't decrease the value of the student's work, it doesn't cut into a secondary market for the student's work, it is in a sense different use of the student's work than for what the student could claim value from -- apply here.

      Now, if it's a case between big company gets to do it but no one else does, then I understand your point, but if we're trying to establish a consistent position here, then we need to be rational about this and not give into our distaste for the litigants.

    2. Re:This is very clever by russotto · · Score: 1

      It won't work. The case misses one of the most important parts of the legal system: the relative importance of the plaintiff and the defendant to the powers that be.

      There's no way a (long-out-of-high-school) judge is going to look at this as anything but a bunch of sniveling high school students whining about a service with the lofty goal of preventing cheating. He'll go out of his way to find a loophole through which Turnitin can slip.

  26. Let's get some legal framework down first by pimpin+apollo · · Score: 2, Interesting

    For the ensuing discussion, let's get some legal concepts down first. If the case ever gets to the merits, will come down to the issue of licenses and fair use.

    Some points then:
    * There is no "formally copyrighted" process. There is registration. Registration helps with damages, proof, and some other things, but it is not necessary. Fixing a creative work in a tangible form is about all that's needed for a copyright.

    * The students, writing for a school, are not employees and they were not making works for hire. They are not employees. Even if they are independent contractors, there is nothing in writing.

    * The students, going to a school, necessarily permit some uses of their copyrighted work. This is particularly clear if it was known that this sort of copying was going on in the first place.

    * This case might involve fair use. I know what the company is doing feels a little slimy, but for those of us that care about free culture/constitution/whatever you want to call it, we ought to advocate for a version of fair use that is expansive enough to cover this activity. If Google should be able to copy books so that we can search them (as google should), then this company should be able to do something similar with term papers. Remember, these rules apply to everyone, not just the companies we feel good about.

    Alright, now have at it.

    1. Re:Let's get some legal framework down first by Evets · · Score: 1

      Actually, registration changes the potential damages from actual damages, to the greater of statutory damages or actual damages - which is a pretty significant difference in this particular case because if not formally registered, the students would be limited in obtaining a dollar amount equal to the actual commercial value of their work, which wouldn't be much.

      Fair use is arguable, but it's not a very strong one IMO.

      The terms of service are not always enforceable, and they certainly place some liability on the educational institution if they require coursework ownership be assigned to a third party company for explicit and direct profitable use. They terms certainly do not consider the point that the works submitted may be submitted by someone other than the copyright owner, which given their business model is a very large point to not address. While they are under no legal obligation to explore it, the fact that they obviously chose not to tells the whole story.

    2. Re:Let's get some legal framework down first by Wordplay · · Score: 1

      A free culture implies allowing them to perform the service, but not at a huge profit. Alternately, it might imply forcing them to give access to the term paper repository so others can index them similarly, if you put the value proposition in the indexing and not the hoarding. What it doesn't imply is allowing them to hoard the papers all for themselves and profit hugely without paying the people who provided the source material for their pattern-matching database.

    3. Re:Let's get some legal framework down first by pimpin+apollo · · Score: 1

      Of course others should be able to do the same.

      If the only right they have to using the papers is a fair use defense then that would mean they didn't have ownership of the copyright in the first place. No ownership means they don't have standing to sue for infringement. If someone else could come across the same papers and assert a similar fair use defense, they could do the same.

      As to the first part, I understand the sentiment you're getting at, but there's the difficult problem of defining what a "huge profit" is. Even more, is that the standard we ought to be using? If someone takes menial copyrighted work, adds massive amounts of value, then why should the copyright holder recoup the added work by the other party? Perhaps huge added value should permit huge profits. There wouldn't be capital to do these great value adding things if people didn't expect great value adding profits in the end. I'm not sure we should attack "profits."

  27. Discussed before, but this is a new development by ptbarnett · · Score: 3, Interesting
    Students Protest Turnitin.com

    This time, it looks like someone purposely set up a test case at the same high school (in McLean, VA), by submitting a paper and specifying that it not be archived -- then found that it was.

    Last time, I wondered if it was appropriate for a public high school to require students to contribute their papers to Turnitin.com's database. You might be able to make a compelling argument that private schools and public/private universities could do so as a condition of admission. But, how do you reconcile truancy laws and forced contributions to a privately owned-and-operated company?

    1. Re:Discussed before, but this is a new development by gurps_npc · · Score: 1

      The rather draconic rights turnitin demand (they basically demand the right to do anything they want with it, even print it in a book and sell it), make it unreasonable for a school to be capable of demanding the rights.

      --
      excitingthingstodo.blogspot.com
    2. Re:Discussed before, but this is a new development by DerekLyons · · Score: 1

      This time, it looks like someone purposely set up a test case at the same high school (in McLean, VA), by submitting a paper and specifying that it not be archived -- then found that it was.

      Given that someone under 18 cannot enter into a binding contract - it seems likely that Turnitin.Com is not bound by such a specification.
    3. Re:Discussed before, but this is a new development by AK+Marc · · Score: 1

      Given that someone under 18 cannot enter into a binding contract - it seems likely that Turnitin.Com is not bound by such a specification.

      Given that someone under 18 cannot enter into a binding contract, they may own a copyright but (regardless of EULAs, clickthroughs, etc.) cannot transfer that copyright to someone else, right? So, they either have the rights to it and can assert noone else does, or they can't control who does at all, including even if they wanted to give it away. Either way, Turnitin is on the wrong side of the law.

  28. Say what?! by Anonymous+Brave+Guy · · Score: 4, Insightful

    A "clear case" of fair use? It's copying the entire work, and it's doing it for commercial purposes. That's the worst possible result on two of the four criteria, before we even start on the others.

    And how is this at all the same as Google's book search?

    --
    If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    1. Re:Say what?! by heinousjay · · Score: 1

      Well, in your words, Google is "copying the entire work, and it's doing it for commercial purposes."

      --
      Slashdot - where whining about luck is the new way to make the world you want.
    2. Re:Say what?! by mrchaotica · · Score: 4, Insightful

      It's copying the entire work, and it's doing it for commercial purposes.... And how is this at all the same as Google's book search?

      Google book search also copies the entire work, and does it for commercial (advertising) purposes.

      I'm not sure why I had different initial opinions in the two cases (for Google but against Turnitin), but I have to admit the cases are pretty damn similar.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    3. Re:Say what?! by Kalriath · · Score: 2, Informative

      But Google Book Search allows publishers to contact them to opt out. This service does not. Correlation failed.

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    4. Re:Say what?! by ari_j · · Score: 1

      Here's an important difference: Google Books takes the entire work and makes it available for reading, and with many of those it only makes part of the work available for reading as far as I am aware. Turnitin, by contrast, takes the entire work and does not make any part of it available for others to read, but uses it purely to check against other incoming works. Google's use is more fair because it gives the work a wider audience. Turnitin's use is less fair because its use has no benefits outside its own profits.

    5. Re:Say what?! by jedidiah · · Score: 1

      Google is creating a search facility to better enable access to the "violated" works in question. There are already precedents of this sort of thing in dead tree form. They're simply doing something that's already being done. They are just being more sophisticated about it.

      OTOH, this plagarism service is taking works that were never even meant to be published.

      This isn't even really a copyright case. Or rather it shouldn't since these works should not have any copyright assigned to them. They've never been published and never will be.

      Basically, this service should be shut down because they are attempting to exploit unpublished works.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    6. Re:Say what?! by Anonymous Coward · · Score: 1, Insightful

      On the other hand, Google redistributes the contents to others, while Turnitin does not. Because of this, Turnitin's use of the content does not decrease the potential monetary value of the work, while Google's use might well hurt the author if someone decides to read selected passages online rather than buying a book. Since monetary damages is one aspect of fair use, Turnitin's use of content might be considered more "fair" in this respect.

    7. Re:Say what?! by gclef · · Score: 1

      Copyright does not depend on publication. Once you write something, it's automatically copyrighted. These days, there's no such thing as an original work that "should not have copyright assigned" to it.

    8. Re:Say what?! by Anonymous Coward · · Score: 0

      Or rather it shouldn't since these works should not have any copyright assigned to them.
      Everything is copyrighted the moment it's created, by default, published or not. And in this case, the kids took it further and formally registered their copyrights.

      Publishing has nothing to do with it.

    9. Re:Say what?! by Thuktun · · Score: 1

      You can opt out of Turnitin by not submitting your work to them.

      However, the submission of your work to that service may be a requirement to get a grade on that work in your class.

    10. Re:Say what?! by pclminion · · Score: 1

      But Google Book Search allows publishers to contact them to opt out. This service does not. Correlation failed.

      Well then, I guess I'll just keep distributing my pirated MP3 files. The RIAA hasn't yet written to me to opt out of my "program."
    11. Re:Say what?! by MobyDisk · · Score: 1

      That doesn't make sense. Just because I give you the option to "opt-out" of having a crime committed against you doesn't mean that what I am doing isn't a crime. If it does, than I would like anyone who does not want to have their house broken into and robbed blind, please reply to this post. Anyone else is automatically consenting.

    12. Re:Say what?! by Score+Whore · · Score: 1

      Don't forget that opt out notices are only accepted on cashier's checks for amounts larger than $50,000.00.

    13. Re:Say what?! by ari_j · · Score: 1

      The same can be said of bookstores, except that some will let you read the entire book without buying it. Especially given that the works in question are high school papers, I think that the reduced profit from distribution factor is less important here.

    14. Re:Say what?! by RedWizzard · · Score: 2, Insightful

      But Google Book Search allows publishers to contact them to opt out. This service does not. Irrelevant. Saying "you could have told us not to" or "you could have asked us to cease and desist" is not a defense against copyright infringement. Otherwise I could copy DVDs to my hearts content and defend myself from prosecution by simply giving the publishers a chance to opt out. That is not going to hold up in court.
    15. Re:Say what?! by KingKiki217 · · Score: 1

      Please don't break into my house.
      thanks!

    16. Re:Say what?! by Kalriath · · Score: 1

      Though you're right, I'm just pointing out that the two examples don't really relate - as although both are technically illegal, TurnItIn goes one step further by not offering a way to stop the offending behaviour either before or after the fact. Google's brand of evil is a little different in that they say "hey, we don't respect your copyrights, but we'll take down your content if you ask us" (counting on the DMCA safe harbour provisions to protect them, presumably). TurnItIn just says "hey, we don't respect your copyrights, piss off".

      --
      For a site about things like basic rights, Slashdot users sure do like to censor "dissent".
    17. Re:Say what?! by RedWizzard · · Score: 1

      I'm just pointing out that the two examples don't really relate - as although both are technically illegal, TurnItIn goes one step further by not offering a way to stop the offending behaviour either before or after the fact. Legally I doubt that would make any difference. Either both services breach copyright or neither does. Google may be able to make the argument that at least their service drives business for the publishers, but again I doubt that would legally change their use of the works from infringing to non-infringing.

      But I completely agree that TurnItIn are on much shakier moral ground.

    18. Re:Say what?! by SquareVoid · · Score: 1

      I thought google only is scanning books that are already in the public domain. Is this not the case?

    19. Re:Say what?! by Deliveranc3 · · Score: 1

      I agree, reading these comments it felt like people were turning against the open use of information.

      Turnitin is using information (which is not in the public space but their method of use could be [I.E. meta-data of essays]) for a purpose apparently beneficial to academia.

      I think there is very little dangerous information and support most information being free so this doesn't immediately contradict what I feel many /. ers feel about information. That the works of others are being exploited for the financial profit of this company is problematic, but their application doesn't really examine the contents of the works themselves (nor make those contents available as GBS does) and the meta data that is being used is likely useful ONLY for this type of application.

      I think the schools are at fault for allowing their staff to make a compromise which may increase marking efficiency (Big classes can now be marked by several markers with no concerns surrounding plagarism etc.) while violating their students rights in several ways.

      I'm anti corporation myself but I feel that this knee jerk reaction is at least partially to blame for IP freedom advocates not being taken seriously.

  29. Horrible system by geek · · Score: 4, Informative

    As an English major (I type poorly so excuse typos) I can tell you first hand that Turnitin is horrid. Previous posts have talked about how submitting a draft and then your final shows your final as being plagiarized. But it's worse than that. It hits on common word usage, simple three word statements, hell even cliche statements that may be 2 words long, it marks them.

    To make matters worse a large number of professors are starting to use this and treat it like the gospel. I know several students accused now of plagiarism, falsely, because of this system.

    I am lucky this semester and have 2 professors who realize this and in a move to stop plagiarism have taken other actions, such as asking us to turn in all of our rough drafts and print/copy out our sources and attach it all to our final work, something you can still cheat on but are much less likely too.

    Personally I don't know anyone who has ever cheated on a paper. I suppose with some of the fluff classes and electives some may have because those classes are a low priority, but by and large plagiarism is no where near as big a problem as these people make it out to be. High school maybe, but not in higher education.

    1. Re:Horrible system by Beardo+the+Bearded · · Score: 1

      No, this happens all the time.

      (Remember, the plural of anecdote is NOT data.)

      One guy at my alma mater was in his last term of Engineering, plagiarized a report, and got expelled.

      I went to college (and then University) with different guy who wrote notes on his hands and read them during tests.

      When I was in my 2nd year, I worked in groups to solve homework problems. There was too much to do to get it done individually. Technically, this was against the rules. I also used the old exams extensively. (Which is better than cheating, IMO. I'd rather have the old exams than the answer key.)

      So cheating, as defined and strictly enforced, does happen.

      But it's not like cheating has consequences in real life anyway. My project manager's been stealing my work for a year and getting credit for it.

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    2. Re:Horrible system by geek · · Score: 1

      So because you knew a guy that knows a guy that cheated one time we should all force every student to subject themselves to Turnitin.com? I'm sorry but even if I believed what you said (which by the way had nothing to do with the topic as you were talking about tests and not papers) I still wouldn't be able to take the leap into believing we need a big brother babysitting students, especially one as horribly flawed as Turnitin.com.

    3. Re:Horrible system by CheshireCatCO · · Score: 1

      I hate to tell you this, but while YOU may not know of anyone who has cheated, it happens All. The. Time. More than 80% of students admit to cheating at some point in their college careers in most studies I've seen reported. I've had people try it on me several times (and I tend to implement counter-measures before the students even start on assignments) and I know many instructors who have had a lot more cheating occur in their classes than I have.

      People are cheating, they are just not telling *you*.

    4. Re:Horrible system by Chryana · · Score: 1

      Nice straw man. All the GP said was that cheating was fairly common. He said nothing for or against Turnitin, and certainly not that "we should all force every student to subject themselves to Turnitin.com". I would expect an English major to try to avoid making logical fallacies. Don't blame your poor typing for that! Also, all the counter evidence you offer is that you "don't know anyone who has ever cheated on a paper", and that "plagiarism is no where near as big a problem as these people make it out to be". I don't know how your first post got moderated so high, but it didn't deserve it. It seems unlikely at best that a text would be recognized as plagiarized because of two or three words statements. I will concede, though, that any false positive rate on such an important issue as plagiarism is unacceptable, given the possible consequences for the falsely accused. The burden of that proof still lies on you and on those who want Turnitin to be shut down though, and I am not convinced yet.

    5. Re:Horrible system by geek · · Score: 1

      Prove it. My Uni kicked 4 people out last semester for plagiarism, that's 4 out of almost 30 thousand. If it was 80% as you state I think the statistics would be higher. I don't believe you.

    6. Re:Horrible system by Beardo+the+Bearded · · Score: 1

      Sorry, that's not what I meant.

      I meant to reply to the point of "cheating only happens in high school". That's just not true. As for papers vs tests, I only wrote about a dozen essays when I was getting my degree. (Tip: Pictures will bulk up your essay and make it look like it deserves more marks.)

      The turnitin system is beautiful - from their perspective. They get paid for collecting their data, then get paid for using the same data.

      Wait a minute...distributing copyright works of others over the internet without permission. I think I've heard this before somewhere. I thought the consensus on /. was that that was perfectly acceptable, and attempts to make it more difficult are to be flamed mercilessly until the poster abandons their username.

      Anyway, when you profit from the works of others, then you should be paying them. The fact is they are getting paid by using the works of unpaid students. It's not a fair practice. We agree on this point.

      The professors are simply using the same medium used for cheating to make their jobs easier. Yes, the tool is faulty. It's not like all software that's ever been written is perfectly flawless. It's just the only tool that's available.

      What else would you suggest? Have the profs search for those essays online? Why not automate a tedious task?

      --

      ---
      ECHELON is a government program to find words like bomb, jihad, plutonium, assassinate, and anarchy.
    7. Re:Horrible system by eli+pabst · · Score: 1

      I haven't personally used it, but I had a course in graduate school where a prof went into detail about it. When it flags a paper for plagiarizing, it gives it a relative score and shows the plagiarized passages. So it should be pretty clear to anyone using it whether it's a simple 3-word string or an entire paraagraph/page that's verbatim. OT: He actually caught someone plagiarizing the previous semester...best part was that it was an ethics class.

    8. Re:Horrible system by Anonymous Coward · · Score: 0

      >Personally I don't know anyone who has ever cheated on a paper. I suppose with some of the
      >fluff classes and electives some may have because those classes are a low priority, but by
      >and large plagiarism is no where near as big a problem as these people make it out to be.
      >High school maybe, but not in higher education.

      You are lucky, then, not to have seen it. My own projects have been copied verbatim and turned in by other people. Concretly, I had written some A* stuff that used to be at http://hkn.eecs.berkeley.edu/~dyoo/python/index.ht ml, and later a professor reported that they'd caught their students just taking my code and pretending it was theirs. Ugly, and pretty stupid.

      I think plagerism and academic dishonesty happens much more frequently in higher education than one might suppose.

    9. Re:Horrible system by geek · · Score: 1

      There are a lot of ways to prevent, there are no ways to stop. For example forcing students to submit thesis 3 weeks before it's due, weekly rough draft submissions, work groups, etc. These are all standard practices anyway for most professors to make sure students are 1) learning as they work and 2) show an active involvement in their education. In lower division courses I can see a problem as they are often taught in auditoriums with 300 students and hour long lectures with little to no discourse, but even in these situations I don't see an automated system such as Turnitin.com helping as that professor still won't look through 300+ submissions, even with an aid to help.

      With all the hype over electronic voting getting it wrong and all the horror stories (perhaps a dramatic way to phrase it), I don't understand how people can be so flippant over Turnitin.com which works on a very similar level only with much less scrutiny. All the tool does is allow some professors to be lazy while telling every single student they have they aren't trusted, will never be trusted and their work will be subject to an automated nanny.

    10. Re:Horrible system by CheshireCatCO · · Score: 1

      And does your university kick out every person they catch cheating? If not, your statistics are bogus.

      I'll try to find the reports in my teaching books when I get home from work today. In the mean time, if you actually care, use Google. It'll report a lot of studies with cheating rates ranging between 50% and 90%. It's an open question which are the more reliable, though.

    11. Re:Horrible system by pruss · · Score: 2, Informative

      First of all, no professor who knows anything about what they're doing is going to make a plagiarism accusation based on turnitin.com's score. For one, by default, embedded quotations are usually flagged as copied (which of course they are, but it's an acceptable form copying if duly acknowledged). Rather, the professor would, presumably, look at the source of each of the flagged portions, check if the amount copied seems too large to be chance, see whether perhaps there is some innocent mistake, and so on. And if the student is revising a draft that was earlier submitted for the same course, after looking at the source--which is hyperlinked in the report--the professor should see that it is a draft by the same author. When I use turnitin.com and get a suspected plagiarist, I write a long report to our Honor Council, carefully detailing the evidence for and against innocence, considering alternate hypotheses (e.g., if the student's text matches text by some professional scholar, I check the dates to make sure that there is no possibility that the scholar plagiarized from the student), etc. Typically, I'll also have met with the student by this point (and in every case where I've met with the student, the student admitted the wrongdoing as soon as he or she saw the turnitin.com report).

      Of course, like every tool, turnitin.com can be used incorrectly. But likewise mistakes can be made without turnitin.com. It happens sometimes that a student gets accused of plagiarism because the paper looks too good. For instance, if the student was slacking on earlier papers--or just less good at that part of the course--and then hands in a really good paper, the professor is likely to be quite suspicious. If the professor relies more on turnitin.com, then there may be fewer accusations based simply on the paper looking too good. (The downside of that is that some plagiarized papers well get through.)

      As for frequency, I catch about one plagiarist per one hundred students. I suspect there are probably one or two there that I don't catch.

    12. Re:Horrible system by geek · · Score: 1

      I really don't see how the studies can possibly prove anything. We'd have to look at who sponsored them, which institutions they studied, what grade levels, the degree to which the cheating happened. It's all bogus IMO. By 80% are you saying that 80% did it at least once in their academic career? One time in 18+ years still doesn't warrant to me telling every student they aren't trust worthy and subjecting them to Turnitin.com.

      I suspect you're the type of educator I had serious issues with in high school. Lazy to the point of showing no real interest in your students, if you did you would know beyond a shadow of a doubt who was cheating rather than making blanket statements about how 80% of them are cheaters and punishing them all universally instead of addressing the real problem of making the assignments interesting and challenging enough for them to actually care.

      I'm pretty much done with this nonsense but post whatever "studies" you like. I'm sure they'll reinforce your points very well.

    13. Re:Horrible system by Anonymous Coward · · Score: 1, Insightful

      > asking us to turn in all of our rough drafts

      What is this thing of which you speak, "rough draft"? Back when papers were written on typewriters, there were discrete drafts that were marked up with a red marker, corrected and re-typed. But how do you divide the hundred thousand edits to a Word document into drafts? Is the difference between one draft and the next just that you decided to change one punctuation mark, or change a header's font size?

    14. Re:Horrible system by CheshireCatCO · · Score: 1

      Ah, you've gotten to the denying of data point in your argument. That was quick.

      No matter, you've just trashed what little credibility you had with me with the ad hominem attacks and the unwillingness to accept facts. I think you've made a better argument against yourself than I will be able to, so I'm happy to let this drop right here. (I'm betting you won't, in spite of your promise to do so, but knock yourself out anyway.)

    15. Re:Horrible system by coredog64 · · Score: 1

      but by and large plagiarism

      I could tell you were an English major because you used "by and large" instead of "by enlarge".

    16. Re:Horrible system by Anonymous Coward · · Score: 0

      Turnitin is used extensively at my present university, and we have instituted similar policies. While Turnitin does yield a fair number of false positives, in my experience these are easily recognized upon inspection. No serious action is taken unless a preponderance of evidence suggests that plagarism occured. Of course, all of our students sign a contract to give Turnitin the right to analyze and store submitted papers.

      In skimming through the responses to this post, I was a bit disappointed with the negative attitude toward Turnitin and, more generally, efforts to identity instances of plagarism. In particular, there is a common thread of anti-authoritarian sentiment in which these students are marked as champions warring against an unnamed oppressor. I think that this is gross misrepresentation of the nature of things. Plagarism has a far more negative impact on honest students than it does on the instructor or the university. All of the courses that I teach are curved, such that students who successfully plagarize work will depress the grades of students who have completed assignments honestly. Granted, the effect is small provided few students do plagarize work but I would argue first that this fraction would increase were plagarism not recognized and handled appropriately, and second that students are ever weary of even minor determinants of their grade (as almost all instructors, I have had countless discussions with students regarding half-points and bits of partial credit). The effect of plagarism on the university is at most a marred reputation, but this is improbable given that the prevalence of plagarism is always difficult to assess and thus unlikely to become public knowledge. Instructors seek to recognize and arrest plagarism only to create an environment in which learning is rewarded. So, who then is the oppressor and whom does he, she, or it oppress?

    17. Re:Horrible system by toddestan · · Score: 1

      The same way programs work. The rough draft is like an alpha or beta version of some piece of software. At some point during the writing of your software/paper, you deem it good enough to let others take a look at it, and you give them an alpha/beta/draft copy.

  30. No, it isn't by winkydink · · Score: 1

    You can use portions of copyrighted works for all sorts of purposes without permission.

    Now if Turnitin is deriving their methods from the copyrighted works instead of just doing fancy diffs on the entire work itself, they might have a defensible position. This should be interesting to watch develop as more details unfold.

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

  31. Submissions need to be usable by the school by EmbeddedJanitor · · Score: 1
    Even if you can retain copyright (ie not give it to the school), you need to be able to allow the school fair access and use of that material so that the school can do their job. Part of that job is to check against plagiarism. If the conditions you place on the assignment restrict this use, then the school can just say that you failed to submit an acceptable assignment.

    If you don't like this, then I suggest you encrypt your next assignment so that the school cannot read it. That will show them!

    --
    Engineering is the art of compromise.
    1. Re:Submissions need to be usable by the school by Secrity · · Score: 1

      Giving the copyrighted work to a third party that retains the work goes far beyond "fair access and use of that material so that the school can do their job."

    2. Re:Submissions need to be usable by the school by Kamots · · Score: 1

      And if the school wants to run your paper through a 3rd party database to check for plagarism, that's fine.

      It's when that third party retains a copy of your paper that things aren't so fine.

    3. Re:Submissions need to be usable by the school by FLEB · · Score: 1

      The catch is that they can't check for plagarism without a database of current papers.

      There may be some useful room in there if the service scanned a privately held and compiled collection of that school's students' own past work, combined with a Web crawl of publicly-available documents, although the system would end up being much less robust.

      Still, though, it does fall under the "A problem with your business model does not constitute and emergency on my part." idea.

      --
      Information wants to be free.
      Entertainment wants to be paid.
      You just want to be cheap.
  32. The door swings both ways... by gillbates · · Score: 1, Insightful

    So I wonder if these same students consider the "cataloging" and sharing of copyrighted music just as infringing?

    If it isn't infringing to share music via P2P, then why would it be infringing for school staff to share papers? Especially when in the latter case, they are doing it with the explicit purpose of preventing copying of the students work? Presumably, a student who finds his hard work copied by another student would have a copyright infringement case against the other student, provided that it was indeed copied without permission. After all, high school students would never stoop so low as to allow others to copy their work.

    I'm thinking that more than a few of them have downloaded and shared music under the justification of "Maybe I'll buy it later... if I like it." But for some reason, it's only considered copyright infringement when it is their work being copied.

    After all, if it isn't your work being copied, it's sharing, right?

    --
    The society for a thought-free internet welcomes you.
    1. Re:The door swings both ways... by Spazntwich · · Score: 1

      Obvious red herring logical fallacy.

      The students attitudes towards and activities involving copyright infringement have absolutely no bearing on their legal right to sue to protect their own copyrighted work.

    2. Re:The door swings both ways... by shutdown+-p+now · · Score: 1

      If it isn't infringing to share music via P2P, then why would it be infringing for school staff to share papers?
      It goes both ways, indeed. It is infringing to share music via P2P at the moment, therefore, the students should have their rights protected as well. If they aren't protected, why should the RIAA be?

      I wonder if it is, in fact, just a veiled attempt to swing the door the other way?

  33. Idiots by Anonymous Coward · · Score: 1, Insightful
    In order to use Turnitin, you need to have an account. It's impossible to create an account without being in a Turnitin run class, but I would assume that as part of the account creation you agree to the terms of usage given at http://turnitin.com/static/usage.html, which includes

    You grant iParadigms a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for our business purposes. If they have an objection to the system, they should take it up with their school.
    1. Re:Idiots by Anonymous Coward · · Score: 0

      The problem is that the professors are the ones creating the Turnitin accounts and using the service, not the students. And the professors don't have the copyrights to the student-written papers that they are submitting to Turnitin, meaning that their grant of license is invalid.

    2. Re:Idiots by random+coward · · Score: 2, Insightful

      Furthermore the children were minors; The license for their works may not be enforceable.

  34. Google parallel by Jon+Luckey · · Score: 1

    IANAL, but I don't see turnitin making copies, but they are using a copy given to them.

    Google's main product is searching web sites. Therefore it has to read in sites and construct a search database for them. It doesn't have to distribute copies (leave aside that they sort of do by having an option for you to get the cached copy from them). Their product is basically a search against a database they have stored internally. Certainly the 'fair use'-ish extracts help the user quickly prune the resulting data, But thats not the main part of the search.

    Turnitin may not even expose the cache they search from even to the extent Google does, so they are not making copies. They are using copies. Who made thos copies? The teachers submitting the papers to Turnitin, by the act of transmitting them to Turnitin. Perhaps that copying gets a pass under 'Educational Use'.

    But if Turnitin get tagged for this, It may set a precident that could be used against google.

    --
    -- 3 events that reshaped the world in the 20th century: WW1, WW2, and WWW
    1. Re:Google parallel by Joe+The+Dragon · · Score: 1

      you can say no to google but Turnitin still keeps your work when you say no.

    2. Re:Google parallel by Anonymous Coward · · Score: 0

      The difference is that the web pages Google indexes are published on the publically-viewable WWW. A paper handed in to a professor is a private matter.

  35. Probably not fair use. by Kadin2048 · · Score: 5, Insightful

    I don't think the fair use defense is going to hold water. The situations in which you can claim fair use are pretty slim; a for-profit service, who is obviously deriving some economic benefit by using somebody else's copyrighted paper (by adding it to their database) is probably not going to qualify. I'm not sure what harm the students can claim, but if they have any decent lawyers at all, they'll find some way of doing it.

    I actually wouldn't mind if it was covered under Fair Use, because I think that's something we could really do with broadening, but the law as written today wouldn't cover it.

    Now, what I think will happen, is that Turnitin will advise its clients (schools, universities, etc.) that in order to use the service, they must obtain a release from students that includes permission to upload the files. This way, they'll just offload the responsibility for copyright infringement off on the schools, who will just force students to release their work, or refuse to give them a grade.

    I don't think it'll be very long before, when you apply to a college or university, you also sign away all rights to everything you think, say, or do while you're there, in perpetuity, in any medium whatsoever. They'll just make it part of the admissions contract, and that will be it -- at least for private schools and colleges. I'm not sure what legal grounds you would get into with public schools, and whether they could force students to do that or not.

    But I think the students in the Turnitin case, have just as much if not more grounds than the plaintiffs in the similar cases of book publishers vs. Google. (Actually, I think Google has a much better Fair Use defense than Turnitin does.)

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Probably not fair use. by msblack · · Score: 4, Insightful

      Now, what I think will happen, is that Turnitin will advise its clients (schools, universities, etc.) that in order to use the service, they must obtain a release from students that includes permission to upload the files. This way, they'll just offload the responsibility for copyright infringement off on the schools, who will just force students to release their work, or refuse to give them a grade. What you state is already the case. Professors will refuse term papers
      unless submitted through Turn-it-In which provides ample disclaimers.
      Students should be complaining to the school district for forcing them
      to give up rights to their paper. However, this is unlikely to succeed.
      At the University, only faculty own their research. Students and employees
      get no rights. Even student thesis papers belong to the University, not
      the student.

      --
      signature pending slashdot approval
    2. Re:Probably not fair use. by Barny · · Score: 1

      I am not personally familiar with the site in question, but all they really need is to have a waiver prior to submission stating what they are going to do with the submitted work and that by submitting it you agree to licence it to them (and that you are allowed to licence it to them) for this use.

      Now if they didn't have any such click-through before submission, well, they are likely screwed.

      They could maybe claim that by the student sending their work over the unencrypted internet they are effectively making it a public domain work, but that likely wouldn't hold water since there is a big differance in letting someone read something and letting them archive it and use it internally.

      --
      ...
      /me sighs
    3. Re:Probably not fair use. by thpr · · Score: 4, Informative
      I'm not sure what harm the students can claim, but if they have any decent lawyers at all, they'll find some way of doing it.

      The 'harm' is violation of 17 USC 106(1) - their exclusive right to copy their works. You don't have to hurt the owner financially to violate copyright law - financial impact is part of damages, not part of guilt.

      As far as damages, copyright violation doesn't have to involve actual monetary damages, there are also statutory damages for where the actual damages are not significant (see 17 USC 504(c)).

    4. Re:Probably not fair use. by CodeBuster · · Score: 4, Insightful

      I don't think the fair use defense is going to hold water.

      I agree...The courts have ruled in several different cases (not a legal scholar so unable to site the specific cases) that copying of an original work (article, essay, book, etc...), or even a critical portion thereof (as demonstrated with Gerald Ford's book concerning the Nixon Pardon), exactly as it was presented in the original work, even for purposes of subsequent commentary, still constitutes infringement of copyright and is not protected under fair use. In addition, due to the efforts of the RIAA over the years, it does not matter if one intends to "redistribute" the work or not (i.e. a copy made to share with your friends for free or even one made for personal use, as in the mixed tape for example), it is *still* copyright infringement. It should be noted that the courts have left it purposefully ambiguous so that each case is decided separately by a judge, but the precedents are strongly against Turnitin for maintaining whole copies of student papers, if indeed that is what they do (cryptographic hashing may be an interesting question if that is also going on), in their database and it doesn't matter if they show those papers to anyone or not, the very fact that there are copies in the database is enough to trigger copyright.

      a for-profit service, who is obviously deriving some economic benefit by using somebody else's copyrighted paper (by adding it to their database) is probably not going to qualify.

      Absolutely...this only adds to the prejudice that any reasonable judge would have against their fair use defense, especially in light of the reasons stated above.

      I actually wouldn't mind if it was covered under Fair Use, because I think that's something we could really do with broadening, but the law as written today wouldn't cover it.

      Perhaps the RIAA will actually write a "friend of the court" brief in support of the students to prevent that from happening (they wouldn't want that type of fair use precedent established in the common law). They say that litigation often makes for some strange bedfellows after all.

      Now, what I think will happen, is that Turnitin will advise its clients (schools, universities, etc.) that in order to use the service, they must obtain a release from students that includes permission to upload the files. This way, they'll just offload the responsibility for copyright infringement off on the schools, who will just force students to release their work, or refuse to give them a grade.

      I am not sure if the students can be compelled to do that since it could be argued that they entered into the contract under duress of not getting a grade and thus a degree. Even if this is effective, it would only prevent future claims, but the ones currently working their way through the system would still be valid and thanks to the RIAA the price per infringement is quite high, on the order of hundreds of thousands of dollars per infringement which could make for a fairly spectacular judgment or at least a hefty settlement (bye bye student loans).

      I don't think it'll be very long before, when you apply to a college or university, you also sign away all rights to everything you think, say, or do while you're there, in perpetuity, in any medium whatsoever.

      Contract law is not omnipotent, if they make the contract overly broad then the contract can be dissolved by the courts or at the very least, assuming the contract is well written, the offending parts could be severed from the agreement (the court decides which language is struck) and dissolved while leaving the remainder of the contract, if anything does remain, intact.

      But I think the students in the Turnitin case, have just as much if not more grounds than the plaintiffs in the similar cases of book publishers vs. Google. (Actually, I think Google has a much better Fair Use defense than Turnitin does.)

      The students do indeed have a stron

    5. Re:Probably not fair use. by tksh · · Score: 2, Interesting

      Now, what I think will happen, is that Turnitin will advise its clients (schools, universities, etc.) that in order to use the service, they must obtain a release from students that includes permission to upload the files. This way, they'll just offload the responsibility for copyright infringement off on the schools, who will just force students to release their work, or refuse to give them a grade.

      When I was in university, we had to sign an agreement that whatever we submit to them can be used without my permission, for distribution, for profit, etc. Anything I produce using university resources also fell under this 'agreement' except for maybe one or two special cases. I'm under the impression that this is pretty standard across universities now.

      But actually, for courses where we had to use TurnItIn, we had to sign a release. IIRC, it was to the effect that I gave up my copyright and they become the owner of my work. We did have the option to not submit through TurnItIn provided that we talked with the professor and explain our concerns. My sister who's in high school now is not as fortunate. She has to sign the release or no credit will be given. No alternatives at all. Any objection is met with the "if you have nothing to hide..." argument and laughs if you talk about copyright and ownership.

      This is Canada too, not the US.

    6. Re:Probably not fair use. by deblau · · Score: 1

      I'm not sure what harm the students can claim, but if they have any decent lawyers at all, they'll find some way of doing it.
      "[T]he copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits ... [for each work] ... a sum of not less than $750 or more than $30,000 as the court considers just." 17 U.S.C. 504(c)(1). In addition, they can ask the judge for an injunction preventing Turnitin from ever using their work, and force them to delete the work from their database. That's in section 502.
      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    7. Re:Probably not fair use. by Anonymous Coward · · Score: 5, Informative

      Maybe where you live, but not in the US. Go here for a collection of University policies on ownership of copyrights. You'll find few, if any, claim student works.

    8. Re:Probably not fair use. by ShieldW0lf · · Score: 0, Troll

      The moral of the story?

      Don't waste your time and money on university.

      If you're under the age of 50 and weren't born to someone who makes 7 figures a year while playing golf all day, the system is gamed to fuck you from birth to death.

      Don't participate. Start a new game.

      --
      -1 Uncomfortable Truth
    9. Re:Probably not fair use. by Tanktalus · · Score: 1

      Can you actually give up your rights legally when under duress? If your professor is threatening to fail you for not giving up your copyright to your paper, is that not duress? IANAL, but it seems like a reasonable defense to me.

    10. Re:Probably not fair use. by tres3 · · Score: 3, Insightful

      Now where this will get interesting is that as high school students they are still underage and as such cannot enter into a legal agreement without the consent of their parents (or guardian but that is usually the parents) so the school can try to force this on the students but it wouldn't be binding. Now what happens if the student is a ward of the state? If the state forces them to sign away their rights to personal property that can be considered a taking and subject to eminent domain or reimbursement by the government. In fact that argument could probably be extended to any public school or university that demands that you sign it over to get a grade. the government simply cannot take private property without reimbursement.

    11. Re:Probably not fair use. by mdmkolbe · · Score: 0

      But under U.S. law you can't claim statutory damages for copyright infringement unless you had previously registered the work that is being infringed. If you haven't registered your work, you have to show actual damages which can be quite hard. Since these students probably didn't register their papers (I think it costs money to do that, at least the postage), they are going to have a hard time winning this case unless they can show actual damages. Which is the point I think the the GP was trying to make.

      --
      "That's not a misspelling; that's creativity."

    12. Re:Probably not fair use. by cheater512 · · Score: 1

      Now, what I think will happen, is that Turnitin will advise its clients (schools, universities, etc.) that in order to use the service, they must obtain a release from students that includes permission to upload the files. This way, they'll just offload the responsibility for copyright infringement off on the schools, who will just force students to release their work, or refuse to give them a grade. I really cant wait to see a school being sued for refusing to grade papers.

    13. Re:Probably not fair use. by DoofusOfDeath · · Score: 2, Informative

      I don't think it'll be very long before, when you apply to a college or university, you also sign away all rights to everything you think, say, or do while you're there, in perpetuity, in any medium whatsoever.


      I know that some universities put a claim on most of your school-related IP creation hidden in the recesses of a document that you never sign. I'll be interested to see that challenged, since when you join a university you're typically agreeing to abide by their student handbook, but you DON'T typically see the IP statement.

    14. Re:Probably not fair use. by bhsx · · Score: 4, Informative
      If you can't be bothered to read the article, at least read the summary.

      they're A-students, never been accused of plagiarism, and they formally copyrighted their papers prior to their submission to Turnitin. So they apparently did "register their papers."
      --
      put the what in the where?
    15. Re:Probably not fair use. by FuzzyDaddy · · Score: 1
      Since these students probably didn't register their papers

      Read the article... they did. That was the whole point.

      --
      It's not wasting time, I'm educating myself.
    16. Re:Probably not fair use. by xeoron · · Score: 2, Insightful

      My few cents: This still would not cover them storing copies of papers and other content from their webcrawlers. I have no problem search-engines storing my work in a search-cache, but I do not like turnitin holding copies of my work, and so far their webcrawlers still do not comply with a my sites htaccess, nor offer a easy way to contact them to stop indexing a site and purge copies they stored within their database via their own website. I suppose I could configure a webserver to ban their spiders, but I really should not have to do that.

    17. Re:Probably not fair use. by DerekLyons · · Score: 1

      If you're under the age of 50 and weren't born to someone who makes 7 figures a year while playing golf all day, the system is gamed to fuck you from birth to death.

      The reality is plenty of people of people born in worse circumtances are doing quite well - if you aren't, the problem is either a) bad luck _or_ b) you.
    18. Re:Probably not fair use. by Anonymous Coward · · Score: 0

      Ha Ha! You are poor AND a loser. That's funny.

    19. Re:Probably not fair use. by BootNinja · · Score: 1

      have you tried creating a robots.txt file? that seems to be the industry standard.

    20. Re:Probably not fair use. by sam_handelman · · Score: 1

      As was discussed elsewhere, they'd require you to sign away copyright to whatever you turned in as a condition of taking the course - no-one is forcing you to enroll, thus no duress.

        Yeah, *if* they required you to sign anything after enrolling, it'd count as signing under duress.

      --
      The good and new comes from no quarter where it is looked for, and is always something different from what is expected.
    21. Re:Probably not fair use. by Fulcrum+of+Evil · · Score: 1

      why not detect their client string and feed them gigs of autogenerated crap?

      --
      "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
    22. Re:Probably not fair use. by Augmento · · Score: 1

      Now where this will get interesting is that as high school students they are still underage and as such cannot enter into a legal agreement without the consent of their parents (or guardian but that is usually the parents) so the school can try to force this on the students but it wouldn't be binding. Now what happens if the student is a ward of the state? If the state forces them to sign away their rights to personal property that can be considered a taking and subject to eminent domain or reimbursement by the government. In fact that argument could probably be extended to any public school or university that demands that you sign it over to get a grade. the government simply cannot take private property without reimbursement. Aren't most seniors in high school 18 years old and legally adults in the US or did they change that to 21 as part of gaming the whole system against upward mobility? In any case there is very little procedural or functional difference between having the parents sign on behalf of the students or the students signing themselves?
    23. Re:Probably not fair use. by MvD_Moscow · · Score: 5, Insightful

      Your taking a slightly one sided view, no?

      The point isn't about whether it subverts the educational process or not (I would agree with you that in this particular case, the students (the ones that don't cheat) have nothing to benefit from by shutting down turnitin), it's about how you apply copyrights. If a government implements a copyright system it should work for everyone, not just RIAA and the corporations. This means that the same rules apply to "pot-smoking communist students" as they do our corporate overlords.

      If you are willing to make the benefits of copyright applicable only to one set of people/organizations, then there is nothing morally wrong with pillaging the seas for mp3s.

      Your statement about value is even more stupid. I could argue that Britney Spears' shit (that corporations try to present as music) has no inherent value and it no way satisfies the requirement that copyrights were created for. To function (both in a legal and moral sense) copyrights have to be universal, it doesn't matter if I write a poem about how great pot is or compose a piece of music that changes the world, both these products have the exact same rights when it comes to getting copyrights.

      If anything, you're just underlining how artificial and pointless copyrights (especially in their current form and with the development of digital technologies) are. They are not real, like corporations they are an artificial construct that were initiated in hope that it would benefit society overall.

      You statements about inspiration from discussions is also lame. You would not be able to copyright the vast majority of mainstream music. After all, most of "gangsta rap" is represented by identical carbon copies. Add "bitches/bentlies" to the videos and "cash, money" and " Ima G" lyrics. What about the black cop/white cop formula used by many cop movies?

      Copyright is not sustainable in it's current form and the fact that there is an issue around turnitin underlines this fact.

    24. Re:Probably not fair use. by CelticWhisper · · Score: 1

      Problem is you don't have to respect robots.txt. It's optional, and while it's considered good form to comply a crawler can still say "nope."

      Hate to break it to the GP poster, but it probably is a matter of configuring a server to out-and-out block them. Can't say "no" to iptables.

      --
      Help protect civil rights from abuse by the TSA - visit TSA News Blog.
      http://www.tsanewsblog.com
    25. Re:Probably not fair use. by Frumious+Wombat · · Score: 1

      Ummm, Actually we only own our research until we try to publish it, at which point the Journal publisher owns our research. Nothing gets accepted until a transfer of copyright form is completed.

      --
      the more accurate the calculations became, the more the concepts tended to vanish into thin air. R. S. Mulliken
    26. Re:Probably not fair use. by tres3 · · Score: 1

      I was one of the oldest in my class and I turned 18 just short of 1/2 through the year.

    27. Re:Probably not fair use. by sweetooth · · Score: 1

      A significant percentage of high school seniors are not 18 years old. During my senior year I turned 18 in February, a little over half way through the year, and most of my friends didn't turn 18 until after graduation. As such none of them would have been able to enter into a legally binding contract with turn it in.

    28. Re:Probably not fair use. by trentblase · · Score: 2, Insightful

      I doubt these students are actually the ones who would plagiarize. Nothing in copyright law prevents the service from checking their papers against others for plagiarism. But it does (or should) prevent the service from STORING copies of the papers submitted without permission. And the key here is permission. If the service wants to make money off these papers, they can BUY permission from the students. It doesn't even have to be monetary compensation: you'd be surprised how many students would let the service keep their papers for a few "points" per paper, which gets them a t-shirt with X points. The point here, is that the students are given the choice. And there is economic value in their papers, because the service is using it to sell a product. This company is not "the only possible way" to make money on papers, either. For example, the student could sell (or license) his paper to a lower classman. This may be immoral, or violate an honor code, even get the student expelled, but it is generally not illegal. And therefore it's a viable alternate source of revenue. With regard to teacher input, they are already getting paid to help the students write the papers. They have a union, and would be free to renegotiate the terms of their employment if they actually want rights to these papers. Either way, it's a separate issue.

    29. Re:Probably not fair use. by bmwm3nut · · Score: 3, Funny

      Unless the research is from government funding. All of my funding comes from the NSF or NIST, and since the money is taxpayer's money research that comes from it cannot be copywritten. So in addition to giving the Journal the transfer-of-copyright form, I also send them a form that says technically I have no copyright to transfer to them.

    30. Re:Probably not fair use. by mindtriggerz · · Score: 2, Insightful

      Before I signed up for a TurnItIn.com account, I read the Terms of Service and all other disclaimers, and NONE of them stated that I was giving them a license to use or archive my work beyond that of fair use.
      Seems pretty cut and dry to me: They didn't ask for a license, I did not grant them a license, thus they are infringing.

    31. Re:Probably not fair use. by junior.kun · · Score: 1
      I don't think the fair use defense is going to hold water. The situations in which you can claim fair use are pretty slim; a for-profit service, who is obviously deriving some economic benefit by using somebody else's copyrighted paper (by adding it to their database) is probably not going to qualify. I'm not sure what harm the students can claim, but if they have any decent lawyers at all, they'll find some way of doing it."

      I love that this is rated 5- insightful, as we just did a problem VERY similar in my law school copyright class on this very day, and my copyright professor certainly didn't say anything like the above, which seems to be uninformed at best.

      There are four criteria to determine fair use in the copyright statute section 107:

      1) the purpose and character of use, including whether its commercial.

      2) the nature of the copyrighted work

      3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole

      and

      4) the effect of the use on the potential market of the copyrighted work.

      Its a balancing test, the court thinks about it and makes up an answer. Everyone's free to speculate how these four tiers will weigh, but its clearly not an open and shut case. Economic benefit is not that important, only a factor, considering the purpose and character is to prevent plagiarism, which can be seen as a legitimate purpose.

    32. Re:Probably not fair use. by Anonymous Coward · · Score: 2, Interesting

      The reality is there is more people born in worse circumstances, who have continued in those worse circumstances, than there are that actually managed to get out. It's actually even worse if your a caucasian male specifically, since we are unable to participate in things like, equal opportunity employment standards (Secret of My Success anyone?), many many scholarships (even illegal immigrants can get a free college education), and we can't claim the race card, just to name a few.
      The system is skewed to keep the lower and middle class inline. Like paying that AMT if you and/or your spouse manage to hit middle class status? Like have a dubious credit rating system? Like enormous insurance cost for subpar treatment (they actually deducted $64,000 from my father's hospital bill when he needed surgery simply because he HAD insurance, tell me that's not a scam)? Etc Etc. So just keep your head in the sand, you'll be fine.
      Like myself for instance, I'm working my ass off, literally, two jobs and college, I've applied for multiple scholarships time and time again, never got a one. Now that I've got my associates, simply because that is all I can afford out of pocket at this time; if they think as an Alumni I'll ever donate scholarship money, they are out of their minds.

      LOL, I always get such odd words in my little anti-bot box, this one was "inferior"

    33. Re:Probably not fair use. by Anonymous Coward · · Score: 0

      Unless they've changed how their bots behave since I blocked them at my firewall, their bots make an extra effort to crawl pages you've requested not be crawled via robots.txt.

      --
      Gina

    34. Re:Probably not fair use. by shaitand · · Score: 1

      c) There are millions of people doing all the right things to better themselves and a couple 10's of thousands of jobs for them to fill.

      Lets not forget the fact that most places expect a degree now, what they are interested in is how prestigious the school was. All the prestigious schools are expensive enough to exclude all but a couple charity cases.

    35. Re:Probably not fair use. by Anonymous Coward · · Score: 0

      One crucial question that the students should be asked is how exactly they justify the assumption that their work is actually worth money in the first place?

      Ignoring the fact that you don't have to prove anything about worth to assert your copyright rights, and answering your question: Their work is worth money because without it Turnitin would have no business. Turnitin are profiting directly by having copied their work.

    36. Re:Probably not fair use. by Anonymous Coward · · Score: 0

      I don't think the fair use defense is going to hold water. The situations in which you can claim fair use are pretty slim; a for-profit service, who is obviously deriving some economic benefit by using somebody else's copyrighted paper (by adding it to their database) is probably not going to qualify

      Replace Turnitin (a company) with Google (_the_ company) and students (broke, think of the children) with Viacom (rich bastards). What do you think now?

    37. Re:Probably not fair use. by rriven · · Score: 1
      I don't know about you but I try and reuse as much of my English papers as possible. I hate writing papers.

      This would flag my own work as plagiarism. I would get an F in a class because I used the same paragraph in two different papers. Seems jacked up to me.

      Even if I never used my own work twice on purpose it would eventually get enough of my work to notice the same types of sentences and would if flag it as plagiarism?

      --
      Dan
    38. Re:Probably not fair use. by RG1985 · · Score: 1

      On the contrary, a law lecturer at my university informed me that I and only I own the copyright to any work that I produce as part of my studies. The exception may be any project work you undertake as part of some industry related commercial project as a contractor.

      And I must say, as a student, I would be fairly upset if my work was being used by a company to make a profit without my permission, though given the circumstances, if asked there is every chance I would agree to allow them to in order to prevent my work being plagiarized.

    39. Re:Probably not fair use. by happyemoticon · · Score: 3, Insightful

      At the University of California, the same applies. A work is not the property of the University unless they sponsor, commission, or contract it: http://www.ucop.edu/ucophome/coordrev/policy/8-19- 92att.html .

      And just to riff off of the general subject, I think it's absurd to demand that students' papers be put in some company's database. Colleges and corporations alike have not hereto proven the most responsible or effective guardians of people's valuable personal information. These policies also take a stance which tacitly assumes that students are cheaters. And just like any good witch hunt, if you have a problem with it, people start wondering what you have to hide.

    40. Re:Probably not fair use. by whmac33 · · Score: 1

      Reusing your own work is self plagiarism, as odd as that sounds.

    41. Re:Probably not fair use. by whmac33 · · Score: 1

      I turned 18 at the beginning of my senior year. I tried signing a few of my own permissions slips, but the school wouldn't accept them. I didn't really fight it. Just trying to be cool back then.

      I wonder if my sports waivers that my parents signed were legally binding as I was over 18 in the spring. I'm betting I had to sign it too so it probably was binding.

      Who knows. Well, I guess the lawyers and judges do.

    42. Re:Probably not fair use. by sweetooth · · Score: 1

      That's interesting that you mention the permission slips. I never actually had to sign a permission slip after I turned 18. There was a form I filled out with the records office that stated I had turned 18 and was assuming responsibility for myself and that my parents were no longer responsible for my showing up at school (essentially that's what it said). From that point forward I excused my own absences as well. There was supposed to be more monitoring of the number of absences but no one ever called me on not showing up for classes after that point.

    43. Re:Probably not fair use. by julesh · · Score: 1

      I don't think it'll be very long before, when you apply to a college or university, you also sign away all rights to everything you think, say, or do while you're there, in perpetuity, in any medium whatsoever.

      My University's regulations, which you were require to agree to before you could begin studying, contained a prominent notice that any work performed at the University's request (e.g. assignments, etc.) would be the University's copyright due to it being a work for hire. That was in 1994, so this is hardly a new trend.

    44. Re:Probably not fair use. by julesh · · Score: 2, Interesting

      But under U.S. law you can't claim statutory damages for copyright infringement unless you had previously registered the work that is being infringed.

      Previously to issuing the suit. You have (IIRC) 6 months from date of first publication (which date has arguably not even occurred in this case) to register before you lose the right to the additional damages. Unless that deadline has expired, you do not have to register prior to the infringment taking place.

    45. Re:Probably not fair use. by berzerke · · Score: 1

      They could maybe claim that by the student sending their work over the unencrypted internet they are effectively making it a public domain work, but that likely wouldn't hold water...

      If I were a lawyer representing the students, I wouldn't just welcome such a claim, I'd encourage it. It would guarantee virtually unlimited help and money. Think about it. The MPAA, the RIAA, and many newspapers (and that's just for starters) would jump in and help. Theres no way in hell they would let such a legal precedent happen. If necessary, they would buy a law from Congress blocking that ruling.

    46. Re:Probably not fair use. by berzerke · · Score: 1

      My University's regulations, ..., contained a prominent notice that any work performed at the University's request (e.g. assignments, etc.) would be the University's copyright due to it being a work for hire.

      I really wonder if that's truly enforceable if push came to shove. Work for hire implies you get paid. Funny, when I went to college, I paid them, quite handsomely, for my "education". They didn't pay me anything. Now some will argue, "You get college credit, and/or a degree as your payment for the copyright (and the tuition)."

      My response is, "Funny how an A+ paper seems to be just as valuable as a D, or even an F paper. If the papers are all equally valuable, then the grade doesn't matter does it? It's also funny how some courses don't have papers, others have lots of them. Obviously then the courses are not of equal value, yet they have the same number of credits. Further, what about the courses, if any, that I dropped or even failed. I don't get credit, and they don't count toward my degree, so where is the payment for a work for hire."

    47. Re:Probably not fair use. by julesh · · Score: 1

      I really wonder if that's truly enforceable if push came to shove.

      All I know is that if you pushed my university, they *always* caved in and gave you a transfer of the copyright back to you. Whether this is just because they didn't care or because they knew it was unenforceable I don't know.

    48. Re:Probably not fair use. by Bastard+of+Subhumani · · Score: 1

      Nothing in copyright law prevents the service from checking their papers against others for plagiarism. But it does (or should) prevent the service from STORING copies
      If it doesn't store big brother Bill's term paper from 2006, how is it going to be able to compare it to his little brother Larry's in 2010?
      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    49. Re:Probably not fair use. by QMO · · Score: 1

      As far as I understand plagarism, It's not plagarism if there's not some kind of deception involved.

      If I photocopy a page of the encyclopedia, slap on a cover sheet pointing out that the paper is not my own work and include the name(s) of the author(s), it isn't plagarism, though probably IS copyright violation.

      If I write a paper for history, and use it for english the next semester, it is only plagarism if there is some claim (or implication) that I wrote the paper specifically for the english class (which implication is not uncommon).

      --
      Exam 4/C again. Maybe I'll do better this time.
    50. Re:Probably not fair use. by mpe · · Score: 1

      On the contrary, a law lecturer at my university informed me that I and only I own the copyright to any work that I produce as part of my studies. The exception may be any project work you undertake as part of some industry related commercial project as a contractor.

      Since such circumstances could qualify as "work for hire".

      And I must say, as a student, I would be fairly upset if my work was being used by a company to make a profit without my permission,

      It would be hard to find a clearer case of copyright infringment.

    51. Re:Probably not fair use. by trentblase · · Score: 1

      You missed the end of that sentence "without permission". The service is free to try and purchase the rights to these papers if it sees economic value in having them. On another note, if I don't take money out of your wallet, how am I going to pay for my carefree lifestyle?

    52. Re:Probably not fair use. by mdwh2 · · Score: 1

      They could maybe claim that by the student sending their work over the unencrypted internet they are effectively making it a public domain work

      Given how many things are transferred unencrypted, not to mention being available to download, that clearly aren't in the public domain, no that argument isn't going to hold at all.

    53. Re:Probably not fair use. by bkr1_2k · · Score: 1

      No school owns your research unless they're paying you for it. At least not in the US. Especially thesis work.

      --
      "Growing old is inevitable; growing up is optional."
    54. Re:Probably not fair use. by CF4L · · Score: 1

      The 'harm' is violation of 17 USC 106(1) - their exclusive right to copy their works.

      Oh yeah? Well, according to paragraph 7, sentence 3, word 8 of the Geneva Convention..."the".

    55. Re:Probably not fair use. by bkr1_2k · · Score: 1

      Your sister's the reason this will go to court. This is all about her rights to a fair education and the right to her own work.

      --
      "Growing old is inevitable; growing up is optional."
    56. Re:Probably not fair use. by bkr1_2k · · Score: 1

      I didn't turn 18 until several months after I graduated high school. I do believe "most" of my classmates were 18 before graduation, but that's fairly irrelevant as most are not 18 when the start their senior year, which implies they were minors when they would (likely) enter into said contract.

      --
      "Growing old is inevitable; growing up is optional."
    57. Re:Probably not fair use. by cayenne8 · · Score: 1
      "My University's regulations, which you were require to agree to before you could begin studying, contained a prominent notice that any work performed at the University's request (e.g. assignments, etc.) would be the University's copyright due to it being a work for hire. That was in 1994, so this is hardly a new trend."

      I'm guessing this university you reference, is not in the US?

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    58. Re:Probably not fair use. by Liberaltarian · · Score: 0

      You had me agreeing with you up until the point where you claimed that being a Caucasian male is a disadvantage in today's society. A person is not the sum of his/her scholarships. It's also about the kind of socialization you get and the neighborhood and school system you're born into, and how much income your parent(s) make(s) and what those in authority around you tell you you're capable of.

      Let's drop the racism, shall we? We should fight the real enemy -- those at the top of the economic ladder -- instead of those around us who are also trying to scrape by. Otherwise we're just more crabs in a bucket.

      --
      The Fight for Student Power on Campus: www.forstudentpower.org.
    59. Re:Probably not fair use. by Jaysyn · · Score: 1

      Your school should have accepted the permission slips. I had no problems doing this (or signing myself out) at my high school.

      --
      There is a war going on for your mind.
    60. Re:Probably not fair use. by RalphTheWonderLlama · · Score: 1

      Woohoo, University of Illinois:
      "Unless subject to any of the exceptions specified below or in Section 4(c), creators retain all rights to traditional academic copyrightable works as defined in Section 2(b) above."

      --
      simple, fast homepage with your links: http://www.ngumbi.com/
    61. Re:Probably not fair use. by gonzo67 · · Score: 1

      If you feel you are being denied EEO standards, then you have not researched it very well, and possibly are the problem. If you wish to get a scholarship on the basis of being a "minority" student, apply at a Historically Black University such as Florida A&M or Morehouse. They are looking for diversity and seek more White students. As far as EEO laws go.....they are written neutrally with regard to protected categories. I have investigated (and confirmed) discrimination against a White male in the past. It just that usually White males claim to be discriminated against when the truth is they are finally being treated equally.

    62. Re:Probably not fair use. by kalirion · · Score: 1

      I recently got a nasty surprise while googling myself. Seems someone uploaded my undergrad research paper to an online repository of technical papers. Now I don't remember whether or not I signed a release for the paper, but this is one aspect of my past that I do NOT want my future prospective employers finding while researching me. I'm really not proud of that paper....

    63. Re:Probably not fair use. by BadPuddle · · Score: 1

      What you say isnt true, no matter what your status. There are no laws giving someone's work to someone else. Universities do not OWN students work. There is no special status given to Professors which unvalidates the work of others or forfeits ownership. Infact, research funded by universities and/or specific departments within the structure own the research and rights to such research done by Professors who perform research under grants given to those Universities. Researchers under such conditions have no ownership to the results. The research is the sole property of the University. Research (by anyone) that is not funded in whole or part by an outside party is the sole property of the people conducting such research or written works. The laws in any case do not forfeit written work or research from one party to another on the basis or wealth or stature.

    64. Re:Probably not fair use. by SillySlashdotName · · Score: 1

      When I see "they are still underage and as such cannot enter into a legal agreement ..." I stop reading as you are arguing from incorrect assumptions.

      Being 'underage' does not prevent a person from entering into a contract or legal agreement, it only prevents ENFORCEMENT of that contract or legal agreement AGAINST THE MINOR.

      The fact that most will not enter into an agreement or contract with a minor is due to the UNENFORCEABILITY issue, not any legal reason against the contract itself.

      You may have had a good point you were trying to make. To bad the lack of confidence in your stance engendered by this false statement caused me to not continue reading your posting...

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    65. Re:Probably not fair use. by Casualposter · · Score: 1

      If you closely imitate the writing and thoughts of another and pass them off as your own ideas, then it is plagiarism. If you reuse your own work, even verbatim, it is not plagiarism. Nor is it cheating. I wrote a long paper for a high school English Class. Later, in college, I had to write another long English paper, and I found that I could re-use the old high school paper. I spruced up the old paper with some new citations, and polished it up a bit, but it was pretty much the same paper.

      I would have a serious problem with a company keeping a copy of my high school paper and later using that copy to accuse me of plagiarism. That is the situation where actual economic damages from the copyright infringement occur. I'm not familiar with the workings of turnitin, but I can see how this could lead to trouble for students years down the road.

      --
      Creative Spelling Copyright (2002). May use without Persimmons
    66. Re:Probably not fair use. by happyemoticon · · Score: 1

      Heh. I'd send them a DMCA takedown notice!

    67. Re:Probably not fair use. by rriven · · Score: 1

      I would have a serious problem with a company keeping a copy of my high school paper and later using that copy to accuse me of plagiarism. That is the situation where actual economic damages from the copyright infringement occur. I'm not familiar with the workings of turnitin, but I can see how this could lead to trouble for students years down the road.
      That is what I am talking about. To get my CS degree I had to take ENG 111 and Eng 112
      I found that a few essays I did in 111 I could take parts from and use in 112.
      It would call me a cheater for using MY OWN WORK! If that is self plagiarism and I get kicked out of a class and/or college that is jacked up
      --
      Dan
    68. Re:Probably not fair use. by toddestan · · Score: 1

      If it doesn't store big brother Bill's term paper from 2006, how is it going to be able to compare it to his little brother Larry's in 2010?

      It's not our problem if they don't have a valid, working business model.

    69. Re:Probably not fair use. by Tassach · · Score: 1

      Professors will refuse term papers unless submitted through Turn-it-In which provides ample disclaimers
      This almost make me wish I were back in college, just so I could confront an asshat professor over this. Oh, you're not going to accept my assignment, in hardcopy, with copyright notice attached? Let's see what the dean has to say about that. And the student newspaper. And the faculty ethics board. And the board of regents. Etc.
      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
    70. Re:Probably not fair use. by Bastard+of+Subhumani · · Score: 1

      If you take money out of my wallet, I don't have the money any more; if Turnitin have a copy of your essay they haven't deprived you of anything. Are you one of the students behind the lawsuit? Your logic is certainly the level I'd expect at a highschool debating club.

      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    71. Re:Probably not fair use. by trentblase · · Score: 1

      And petty insults are more at the level of elementary school. Either way, you have successfully sidestepped the fact that Turnitin is making money off the student's labor without any recompense. Neither the observation that term papers are non-rivalrous goods, nor a claim of necessity makes this practice either moral or lawful.

    72. Re:Probably not fair use. by Bastard+of+Subhumani · · Score: 1

      And petty insults are more at the level of elementary school.
      I know you are but what am I?

      Turnitin is making money off the student's labor without any recompense.
      If I win a bet on a football game, do I owe the team a cut? If I'm one of the data points an actuary uses to calculate insurance rates, does he owe me anything? And before anyone responds that those aren't cvopytright cases, neither is this. In fact the second is pretty close, if you think about it.

      Neither the observation that term papers are non-rivalrous goods, nor a claim of necessity makes this practice either moral or lawful.
      I never said it did. What it does is to shoot your wallet stealing analogy down in flames.
      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
  36. geez, he couldn't even be bothered to retype it... by Anonymous Coward · · Score: 0

    Shuda got an f for being that lazy a bastard...

  37. Re:I hate that fucking bot... Big difference... by Fallen+Kell · · Score: 1

    There is a difference here. The papers in question were printed works, much like a book, in other words a single edition. The school was given a single edition for use in terms of grading the paper. However, it was not given the rights to further distribute the work, and most definitely not give the right for use by Turnitin, in fact that was explicitly stated on the works in question.

    When dealing with the internet, if the creator of the work published it for distribution, it is giving an implicit right for it to be read by other parties, and potentially even copied for the party to archive and read later, unless otherwise stated. For bots, stating this is to configure the user-agent strings in the appropriate config files.

    The difference here is in the medium. For all intents and purposes, publishing on the web itself is just like owning your own printing press and printing an edition of the paper for everyone who wants one. That is not how a physical work is treated. It is treated as its own single piece of property.

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
  38. That's fine, but... by Hamster+Lover · · Score: 1

    That's fine, but the school is the one responsible for making a determination of plagiarism, not a third party that then retains the material in contravention of copyright.

  39. School, not students, signed up by JLavezzo · · Score: 1

    The school signed up for TurnItIn, but the students did not. The students are arguing that the school cannot assign the copyright for their work to a third party without their consent. They expressly denied their consent in a cover sheet to their papers.

  40. But unis are where the real value is. by Kadin2048 · · Score: 1

    Actually, I think the universities are still worth discussing, because many places do not have blanket IP surrender clauses, and there's a lot more valuable IP generated at higher educational institutions than there is at highschools.

    Which is not to say that highschool papers are lacking in merit or value, but just that they tend not to be quite as marketable as college ones (and I don't mean just English papers here; think of the amount of research or other IP that comes out of an engineering or business school -- there's a lot of skilled man-hours there).

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  41. Hmmm.... by MarcoAtWork · · Score: 4, Insightful

    Given that many, many teachers give out broadly similar assignments all over the country, how many years it will be until most possible ways of talking, say, of what Dante meant in a certain canto in the Inferno, will be in the database and will make it impossible to write a paper without being suspected of plagiarizing? Especially if the system runs with a very low threshold (say, 3-4 words in a row that are the same = plagiarizing)

    It would really be interesting if all the published books on one particular subject (again, say, the Divine Comedy) were submitted to this service and a check was run about just how much 'plagiarizing' and 'original thinking' there is going around...

    --
    -- the cake is a lie
    1. Re:Hmmm.... by cdrguru · · Score: 1

      Sure, and there is no more originality in anything because it has all been tried before in the last few hundred years. It's all just a remix mashup, right?

      Well, let's take your vocabulary and extrapolate from that. Since you seem to be able to use the word "canto" I am going to guess that you have a vocabulary exceeding 5,000 words. That means a sentence of seven words could be composed at most 35,000**7 ways, or 64,339,296,875,000,000,000,000,000,000,000. There is a lot of slop in that calculation, so I would roughly estimate that it is too large by a factor of at least 10,000.

      Let's say that your neighbor has only a 600 word vocabulary and is having real trouble in high school. He might only have 27,993,600,000,000,000,000 to assemble that seven-word sentance. Assuming that is also 10,000 times too large, we're still left with quite a lot of ways to say the same thing even with a reduced vocabulary.

      The Sun will have burned out long before people run out of creative ways to say things. Even the same things will have new ways to express them. The important point is that creativity isn't as bounded as you might like to think. Sorry, people are better than that.

    2. Re:Hmmm.... by coleridge78 · · Score: 1

      This is moronic. The very large majority of those permutations will be nonsensical, and a vanishingly small percentage will have any coherent bearing on a given subject.

      Seriously. What are you talking about?

    3. Re:Hmmm.... by pruss · · Score: 1

      3-4 words in a row will be highlighted. But it's up to the professor's judgment whether to count that as evidence of cheating (and that judgment typically can either be appealed or else only serves as as the basis for a disciplinary hearing which might go in either direction). If the professor knows what she's doing, she's going to think about how natural the choice of words was (a natural choice of words may occur in several texts independently), how likely it was to be random, etc. Before turnitin.com, a lot of graders would take distinctive sample phrases and search the web for them. That had a much higher false negative rate, and a correspondingly lower false positive rate, but even there there was the possibility of a false positive.

      In practice, 90% of the papers I get have some turnitin.com highlighting. Most of that is embedded quotes, or bibliographic entries. Obviously, I disregard those. After that, there are short strings taken from my topic question or from my own class notes, and I disregard these. Then there are a few short phrases that will naturally occur in many papers on the subject, such as natural paraphrases of the author. Again, I disregard these. There may also be combinations of three words that do not at all look like likely candidates for copying (e.g., if in this sentence, turnitin.com highlighted "do not at all", I would have a quick look at the original source to make sure there was nothing more that turnitin.com didn't notice, and if there was nothing more I'd ignore it). Typically, there is nothing left in a paper.

      But sometimes there is something more. And then a time-consuming investigation is needed. The original sources given by turnitin.com need to be compared against carefully. The length of matches has to be thought about. Alternate hypotheses (such as of the copying going in the other direction, or of an innocent mistake, or of randomness) need to be considered and discounted. This is a lot of work. And of course the student needs to be met with, given a chance to give an alternate explanation.

    4. Re:Hmmm.... by drgonzo59 · · Score: 1
      35,000**7 ways, or 64,339,296,875,000,000,000,000,000,000,000.

      ...

      The Sun will have burned out long before people run out of creative ways to say things

      Ah, yes, throw some big meaningless numbers at people and they'll think your post contains experimental data and will take your word as authority because they don't know any better. That usually works well in the academia, especially psychology, sociology and other "ologies"...

      Except that people don't randomly choose words from their vocabulary when they talk (maybe you do, I don't know...). For example there aren't that many ways to say that "Poe's The Fall of the House of Usher is a allegory" it contains 10 words (ok, 6 could be stopwords). That is a phrase that will probably be written hundreds, if not thousands of times by students because Poe is studied very often in American highschools and in colleges. Does it mean that all of those students plagiarized? Maybe... I don't know. There is no way to tell just by spotting that one phrase. Actually if someone was copying the paper and they have more than half a brain, they 'll paraphrase the text ( a thesaurus will work nicely as a tool). Until Turnitin's software actually extracts meaning from text and uses it effectively it will be easy to bypass their checks and there will be loads of false positives.

    5. Re:Hmmm.... by Tran · · Score: 1

      So, is this service really providing a service when the teachers spend so much time trying to detrmine plagiarism rather than reading what the student is writing?

      I suppose it all relates to class size. If you only have 20 students in a class, and 4 classes to teach it still would be pretty obvious if something might be amiss in the paper vis-a-vis a particular student's ability.

      When classes are in the 50s and 100s such discrepancies may not be apparent, but it sounds one would still spend an inordinate amount of time checking through turnitin.coms comments.

      In either case, it seems to me that the way the turnitin.com functions now is very inefficient.

    6. Re:Hmmm.... by pruss · · Score: 1

      With practice, it takes me about 20-30 seconds to evaluate the typical turnitin.com report. Of course, if there is something suspicious, it will take longer but that is only a small minority of cases, and if there is something very suspicious the process will take hours (meeting with student, filing a report, etc.). Overall, it tends to take me about half an hour to evaluate about fifty papers if no credible plagiarism case is there.

      Thus, with practice, I think evaluating a turnitin.com report is about 3-6% of total grading time for a typical paper.

  42. Earlier steps took place at McGill university by Anonymous Coward · · Score: 0

    An early precursor to this unfolded at McGill University (Montreal, Canada) a few months ago. In that case, a student was successful in getting the university to back off on its use of Turnitin for reasons similar to the case mentioned today. In the end, his professor had to mark the paper himself (gasp!) and judge whether any parts of it were plagiarized. Personally (full disclosure: I'm a prof), I think the objections to turnitin on the ground of copyright are a misuse of the latter so long as turnitin doesn't turn around and use the submissions for other purposes.

  43. shouldn't the school be sued? by bravo369 · · Score: 1

    If I wrote a short story for a class and the school turned around and published it and started giving it out to people, wouldn't the school be liable moreso than the business that accepts the publishing? I guess you can't really sue your professor for checking your essay for plagiarism. However, I do think there is a case against the company because they are retaining the records. It would be one thing to just check a paper against known sources and if it checks out OK, it then clears it and releases it from the database. If this case goes anywhere then that might be what the company will have to start doing.

    1. Re:shouldn't the school be sued? by LOTHAR,+of+the+Hill · · Score: 1

      nope, by both school policy and in many cases, education law, all work performed for the school is property of the school. This includes homework, term papers, senior projects and postgraduate reasearch/thesis.

      I heard of cases of students getting sued by their alma mater for infringement of thier own work.

    2. Re:shouldn't the school be sued? by russotto · · Score: 1

      There is no way in copyright law that work performed by a student for the school is property of the school, without an explicit written assignment. It can't be a work for hire, because the student does not work for the school. And 17 USC 204 requires any copyright transfer to be in writing.

  44. Wrong by ari_j · · Score: 3, Informative

    The problem with that is that the students aren't submitting anything to Turnitin - they aren't the "you" in the Turnitin usage terms and they are not party to those terms. The school and teachers are doing that. The students probably didn't give the school or teachers a license to do that, I'm guessing.

    As to the bit in the story blurb about them formally copyrighting their papers prior to submission to Turnitin, that isn't at all clear to me from scanning the article. What is much more probable is that the students formally registered their copyrights prior to filing the lawsuit, which is a requirement for suing on a copyright in the U.S. (Your work is automatically protected by copyright law, even without a copyright notice these days, but in order to sue for infringement you have to register your copyright.)

    1. Re:Wrong by Anonymous Coward · · Score: 0

      (Your work is automatically protected by copyright law, even without a copyright notice these days, but in order to sue for infringement you have to register your copyright.)
      No. You can sue regardless, but the damages you can recover are sharply limited if the copyright is unregistered. That, and it's a tougher case to win.
  45. Your teacher is a retard. by Anonymous Coward · · Score: 0

    Why the hell would you check a rough-draft for plagiarism? What are you going to do, plagiarize your rough draft but not your final? And if it turns out you plagiarized your rough draft, what then? Do you have to write another rough draft, or do they just assume you'll write the whole paper over?

    Maybe instead of criticizing TurnItIn.com you should be criticizing your school for being run by morons, or yourself for attending such a ridiculous school.

    1. Re:Your teacher is a retard. by RogueyWon · · Score: 1

      Hmm... it's not entirely without value to check a rough draft. The simple and sad fact is that with standards in high schools and universities having slipped as far as they have, an increasing number of students don't actually have a firm idea of what plagiarism actually constitutes, the harm it does and the consequences it can bring.

      It's much better to pick up accidental or unwitting plagiarism at any early stage than when the final paper is submitted. Pick it up early enough and often a quiet (or not so quiet, if you want to go for shock value) word with the student in question can fix the problem, educate the student and avoid any severe consequences. By contrast, plagiarism in a final, submitted paper is always (rightly) going to bring extremely harsh sanctions.

      If the system were working properly, it would be capable of excluding a student's own earlier work from the check.

    2. Re:Your teacher is a retard. by Shajenko42 · · Score: 1

      Hmm... it's not entirely without value to check a rough draft. The simple and sad fact is that with standards in high schools and universities having slipped as far as they have, an increasing number of students don't actually have a firm idea of what plagiarism actually constitutes, the harm it does and the consequences it can bring.
      Very very true.

      I recently had my students (first year community college class) submit a rough draft of their research paper so that I could check it.

      Only five or so of them even had any form of Works Cited page. Several of them thought that they could simply include the URL of the source they used as a citation (often in inappropriate places).

      The very first paper I graded was text from two web pages pasted together in succession, with the URL following each section - and nothing else. No original writing on the student's part at all.

      If you're trying to cheat, you don't include the URL of the web page you're completely ripping off.
  46. But the students didn't agree to this... by Radon360 · · Score: 2, Insightful

    ...the professors did, prior to submitting the students' work for cross referencing. How does Turnitin get released when the people suing never consented, or even saw those usage terms?

    What this might end up doing is having a similar type suit brought against the professors and/or University. When the first one gets burned at the stake, the other schools that are taking note will quickly enact policies that would allow them to do this as a condition of attending their institution.

  47. The ToS of turnitin.com... by Anonymous Coward · · Score: 0

    States that by submitting, you give them rights, non-exclusively, to use what you submit for whatever purpose.

    So, here's how it goes.

    1) Kids submit copyrighted papers
    2) the Tos they agree to by submitting, states that Turnitin can use them as they see fir
    3) The kids sue, saying that Turnitin can't use their work
    4) The kids lose in court because they are retards
    5) Turnitin is awarded lawyers fees and the kids have to pay their lawyers and court costs
    6) Turnitin profits off these tards.

    Way to go kids. Fucktards.

  48. Theses by necro81 · · Score: 1

    I don't know about undergraduate works, but it is common practice at colleges and universities in the United States to have a copyright notice attached to a graduate thesis. Right there, next to my advisor's signature, is "Copyright 2005 Trustees of XXXXXX College." That is the only instance that I've come across where the copyright of a student's work is even mentioned. The student handbook at my alma mater doesn't discuss the subject.

    Then again, since we are talking about a public high school, not a public or private university, that kind of thing may or may not apply.

    1. Re:Theses by Anonymous Coward · · Score: 0

      Right there, next to my advisor's signature, is "Copyright 2005 Trustees of XXXXXX College."


      In short they have just stolen your IP or you have signed/agreed to something giving them your rights to the theses. Something like this might prove an interesting case as well.
    2. Re:Theses by tbo · · Score: 1

      I don't know about undergraduate works, but it is common practice at colleges and universities in the United States to have a copyright notice attached to a graduate thesis.

      What US universities actually steal copyright from their students this? I want names so I can boycott them.

      In the University of California system, students retain copyright over their theses.

  49. An infinite number of monkeys... by Radon360 · · Score: 1

    Don't tell me that you're proposing the "infinite number of monkeys, put in front an infinite number of typewriters given an infinite amount of time" theory...

    (said in a joking manner)

    1. Re:An infinite number of monkeys... by Anonymous Coward · · Score: 0

      You actually only need an infinite amount of time -- one monkey on a typewriter will suffice.

    2. Re:An infinite number of monkeys... by James_Duncan8181 · · Score: 1
      You actually only need an infinite amount of time -- one monkey on a typewriter will suffice.


      Do you have no sympathy for the workload of the monkey at all?

      --
      "To any truly impartial person, it would be obvious that I am right."
  50. This is already the case by geek · · Score: 4, Interesting

    This is already the case. My 17th century British Literature Professor stopped using Turnitin.com because it became obvious, every idea relating to Milton had already been expressed in a million different ways. Just because an idea was original to a student, didn't mean that same idea hadn't been expressed previously by another. He told us every single paper he received had gotten negative hits from Turnitin.com because Milton had just been discussed to death.

    1. Re:This is already the case by sconeu · · Score: 0, Offtopic
      He told us every single paper he received had gotten negative hits from Turnitin.com because Milton had just been discussed to death.

      Don't write this down, but I find Milton probably as boring as you find Milton. Mrs. Milton found him boring too. He's a little bit long-winded, he doesn't translate very well into our generation, and his jokes are terrible.
      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
  51. It's not just the students who are harmed. by Kadin2048 · · Score: 1

    If they wanted something I wrote in their catalog, they can damn well pay me something for it.

    I probably wouldn't even ask for very much. Heck, I bet if Turnitin offered a buck a page, they'd get thousands (perhaps millions) of high school and college papers. Who here doesn't have a disk or directory sitting around somewhere, filled with old work from their HS or undergrad courses? I know I do.

    When Turnitin misuses students' intellectual property in this way, they not only injure the students (who aren't getting paid for their papers, which obviously have some market value, or Turnitin wouldn't be scooping them up), they're also eliminating a much broader market that might exist, for original highschool- and college-level papers.

    Now, I admit, the amount of harm to any one person out there is pretty small. Using my (B.S.) number of $1 a page, which is probably way above what the market would bear (although, to be honest, it's not that much more ridiculous than some of the other "damages" that get called up in lawsuits, e.g., the RIAA's value-per-song), I'm probably not being denied more than a hundred bucks, total. Perhaps there are some English majors out there who would be out some more, but it's not that much per person. However, since Turnitin's entire business model and revenue are based essentially on the repository of stolen IP that they use to compare other papers to, there's a significant amount of value in the papers in toto. (Similarly, even though the damage done to the music companies by any single Napster download was very small, it was obvious due to Napster's success as a company, that there was some value being derived from all that stolen IP.)

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  52. here we go again by starbuckr0x · · Score: 1

    This, coming from the same school who had students (from an intro to physics class!) expelled just a few years ago thanks to turnitin!

    --
    -50 DKP for lame post!
  53. Possible workaround for Turnitin by heretic108 · · Score: 2, Interesting

    There's an possible way in which Turnitin might avoid the copyright issue.

    They could issue a standalone program, for the use of tutors, which will break the submitted work up into phrase chunks, and store each submitted essay as a sequence of hashed phrases.

    Storing it as a sequence of hashed words might still run foul of copyright, since a dictionary attack would be able to uplift most/all of the plaintext. But if the hashing granularity is phrases, then turnitin could argue that it is computationally infeasible to reconstruct the submitted cleartext, and thus what they're storing is effectively a 'fingerprint' of the work and not the work itself.

    If they wanted to get really smart, they could break up each phrase into words, and by using a thesaurus, reduce each word to an index into a table of synonym sets. This could defeat circumvention attempts whereby plagiarists replace words with synonyms to avoid detection.

    --
    -- In the beginning was the WORD, and the WORD was UNSIGNED, and the main(){} was without form and void...
    1. Re:Possible workaround for Turnitin by davidbrit2 · · Score: 1

      Interesting idea, but I have a feeling if they used a storage/indexing scheme which made it impossible for them to actually show the content of the work being plagiarized, then they would be accused of just spewing horse shit with no means of backing up their claims.

    2. Re:Possible workaround for Turnitin by heretic108 · · Score: 1

      You don't necessarily need hard evidence.

      If a student's submitted work lights up in huge slabs of red and yellow at turnitin, you can show that the probability of this happening without cheating is so low as to be negligible - similar to how juries buy into the "99.999999941% probability" results of DNA tests.

      Also, if this student's exam results are lower than students whose work is cleared by turnitin, then such student has some things to explain to the academic review board.

      --
      -- In the beginning was the WORD, and the WORD was UNSIGNED, and the main(){} was without form and void...
    3. Re:Possible workaround for Turnitin by shutdown+-p+now · · Score: 1

      Storing it as a sequence of hashed words might still run foul of copyright, since a dictionary attack would be able to uplift most/all of the plaintext. But if the hashing granularity is phrases, then turnitin could argue that it is computationally infeasible to reconstruct the submitted cleartext, and thus what they're storing is effectively a 'fingerprint' of the work and not the work itself.
      It doesn't matter whether you can reconstruct the submitted cleartext or not. It would still be a derived work (the way that the hash would've been used would make it clear enough).
  54. What's good for the goose by fermion · · Score: 0, Troll
    I would go along with the students, as long as the students pay the RIAA 10^x dollars, where x represent the number of songs in their possession that were not specifically bought on the same media on which the students listen to said music. I mean be realistic. If you can take the kind of crap submitted to professors as work worthy of a lawsuit, then J Lo is gold in comparison.

    More seriously, I think these kids need to go to a college that is not concerned about the integrity of their degrees. I suspect that they are many schools that are more interested in money that education, and such schools would not degrade the user experience by utilizing turnitin. I would hope that a competant judge would throw this case out with same predujice as SCO and the RIAA.

    What is next. Some college student using the DCMA to sue youtube for the sex pictures s/he took and posted.

    --
    "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
  55. Why Not by paradizelost · · Score: 1

    To me the students are in the right, as the company is making money off of the works. The school should have the right to check, and use 3rd parties, but turnitin should have an option that says "Do not add content to the turnitin database" for students who do not give rights to use that. that or the students should be compensated a small percentage when turnitin uses their works to check other students papers for infringement.

    --
    "In a world without walls and fences, who needs Windows and Gates?"
  56. Re:that instructor is pretty flawed. by DingerX · · Score: 1, Flamebait

    Yeah, fancy that. Submit substantially the same paper to an anti-plagiarism site and the second time it comes back as plagiarized.

  57. I knew some of them were fancy CGI scripts... by Kadin2048 · · Score: 1

    It is precisely because they are profiting off of my hard work that I block them in robots.txt.

    I didn't know that professors obeyed robots.txt.

    I guess I shouldn't be so surprised...

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:I knew some of them were fancy CGI scripts... by ditto999999999999999 · · Score: 1

      I was obviously referring to Turnitin... or did you somehow not catch that?

    2. Re:I knew some of them were fancy CGI scripts... by Anonymous Coward · · Score: 0

      WOOSH.

    3. Re:I knew some of them were fancy CGI scripts... by Anonymous Coward · · Score: 0

      At least you thought it was funny.

  58. Question of Fine Print by Sean0michael · · Score: 2, Interesting
    To me it seems that this lawsuit will come down to whose fine print trumps whose. It was posted above that, according to Turnitin.com's Terms of Use:

    any communications or material of any kind that you e-mail, post, or transmit through the Site (excluding personally identifiable information of students and any papers submitted to the Site), including, questions, comments, suggestions, and other data and information (your "Communications") will be treated as non-confidential and non-proprietary. You grant iParadigms a non-exclusive, royalty-free, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on the Communications. This is made with the purchaser of the software, presumably the school. So anything the school submits to Turnitin, according to this, is treated as non-proprietary. Basically Turnitin says that they can do whatever they like with what you give them.

    At the high school level, a student doesn't sign any contract with the public school system as far as I know regarding the copyright of material (it's high school, what are the odds that it's worth copyrighting?). So the school does not hold the copyright--the students do.

    So if the student is compelled to use Turnitin.com, of if the teacher uses Turnitin.com without the student's knowledge, this could constitute copyright infringement I think. Even if the student (say, at a private university) had signed a contract on admission that all work submitted to the school became the intellectual property of the school, the work would still have the copyright of the student because they received that right before they turned it in.

    So one person's document says that it is proprietary and belongs to the student. The other states it is non-proprietary and belongs to Turnitin.com. So whose fine print wins? I think that, if the student did not freely choose to submit it to Turnitin.com, then the copyright should stay with the student and the students should win.

    (Personally I think Turnitin.com's Terms of Service are horrible and nasty, since they also make the school defend them. You agree to indemnify and defend iParadigms from any claim (including attorneys fees and costs) arising from your (a) use of the Site, (b) violation of any third party right, or (c) breach of any of these Terms and Conditions. I sure wouldn't do that.)
    --
    Funtime Candy Wow! - my plan for eventually conquering Japan.
  59. In related news by Anonymous Coward · · Score: 0

    Universities to require students' written consent to Turnitin review for any paper. Film at 11.

  60. Do you work . . . by Anonymous Coward · · Score: 0

    for the RIAA, or the MPAA?

  61. Probably too late for anyone to see it... by starseeker · · Score: 1

    but my question is this - if the company is using the students' work for commercial gain, and the work is submitted involuntarily (below a certain grade level the student doesn't get to refuse, after all - they have to turn it in for the grade and they are compelled to attend by law) mightn't this run into child labor law concerns? In effect, the kids writing the papers are providing work with demonstrable commercial value to the company. And not by choice, either.

    --
    "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    1. Re:Probably too late for anyone to see it... by frenchs · · Score: 1

      Creative... I like it!

  62. Normalize. by Kadin2048 · · Score: 1

    If you really want to drive the cheaters out of the woodwork, just normalize or force-curve the grades. Force-curving is significantly more evil (e.g., "I'm going to give two A's, 4 B's, six C's, 4 D's, and 2 F's...you're competing against each other,") and tends to cause ugliness (top students trying to undermine/flunk/kill each other), but a positive-only normalization has many of the benefits without the drawbacks.

    If you say at the beginning of class that at the end, you're going to normalize the grades to 80 or 85%, which isn't terribly uncommon, then it creates an incentive not to help someone cheat off of you, but doesn't create a hugely cutthroat competition in the upper echelons of a class.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Normalize. by ADRA · · Score: 4, Insightful

      "but doesn't create a hugely cutthroat competition in the upper echelons of a class"

      Maybe I missed something, but I thought we were trying to teach our children something positive. Do we really want to raise our kids to be even more confrontational, aggressive, mean spirited and anti-social? I would say no.

      As an aside to this, I went to a polytechnic that involved a large number of randomly assigned group projects. Basically this threw the successful and underachievers into the same bucket. This whole exercise was basically meant to neutralize a self performance based metric into a group based success role. Teams that did well with each-other would always do better than mavericks, no matter how talented they were. The team working really gave a reflective picture of how you deal with people after those years of school are long over with. You have some who slack off and bring the group down. You have others that push hard to get their work done. Now the onus was on group members to either lift or tear apart each other.

      And isn't that whats really important? We plagiarize through life, most of the time we never even think of the backs we're standing on. I would rather deal with solving the problem in a more creative way (like heavy group projects) instead of using technological means to force you to succeed. Some people will never 'succeed' in the way that society places on them. Are they worthless? If so, then we're not making very good use of our resources now, are we?

      I you just can't implement something like the above and plagiarism is 'rampant', I see nothing wrong with an anti-plagiarism system as long as there are processes to deal with false positives and that everyone involved knows that it exists.

      --
      Bye!
    2. Re:Normalize. by 313373_bot · · Score: 0

      I don't believe in normalization: in every class I ever taught, I never ceased to amaze me how grades would always form a Gaussian distribution, independently of how hard the test was or wasn't, how competent or or not the students were, not even how small the sample could be. Any further grade manipulation beyond perhaps a mere translation of the mean (to compensate for a test too hard, perhaps) would feel wrong, because I could see that the classification in the exams was strongly correlated with the students' participation in class. If a professor is *really* doing his or her job, it's easy to catch cheaters, no need to massage numbers. In my point of view, American universities are doing it completely wrong in terms of grades: first, by abusing of the so called "teaching assistants" to grade student work, and with that cutting an important feedback channel that could help the professor improve his/her teaching. Second, with the idea of "honor code" that some previous poster mentioned: cheaters do not have honor! Such idealism only works in small doses, not in cutthroat competition (and force curving wouldn't work either, it only makes half-sense to cut group cheating.) I read "we rely on an honor code" as "we are afraid to accuse and punish cheaters". Last, if you manipulate grades so everyone gets an A or B (the infamous grade inflation), you crush in the process standard deviation: any noise in the grading process can become significant, i.e. change a B into an A or vice-versa. In general, cheaters get A's since it's a "grade-improving" noise, while honest work barely gets you a B.

      --
      ^[:q!
    3. Re:Normalize. by bkr1_2k · · Score: 1

      Heavy group projects invariably mean I'm helping some one else get a better grade, just so they can't bring mine down.

      Group projects don't work until you've already sloughed off the dregs that are going to be gone by the end of second year. And they don't work at all in high school classes where kids are mandated to go to school.

      They can be learning experiences, but usually the workload is uneven because the overachiever does the same as usual and the underachiever does the same as usual. The only difference is now the underachiever passes because the overachiever made up the difference in workload.

      --
      "Growing old is inevitable; growing up is optional."
  63. How can they enter into a contract with a Minor? by tuskentower · · Score: 1

    (IANAL) Two questions:
    1. How can they (iParadigm) enter into a contract with a minor?
    2. How can they enter into a contract anyone without asking? Or does the student have to use the service before submitting the paper? If the teacher is the one that does it, this does not make sense. Someone else pointed out that their bot is crawling the NET. How does the ToS work for those people who never consented to this abuse?

  64. Re:Going nowhere fast? LET'S TEST THIS by Nom+du+Keyboard · · Score: 1

    Let's test this. Someone submit the lyrics to the top 10 pop songs currently on the chart. Make it a research project into current trends in music. Wanna bet that Turnitin now owns those lyrics to do with as they please? I don't think so.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
  65. we were given access to this system.. by vasanth · · Score: 1

    During my final year we were given access to this system so that we could check if our project report "accidentally" contained large amount of text from other sources without proper referencing.. And I have to say that the system is quite good.. It just doesn't come up with a result of Plagiarized/Not Plagiarized, instead it marks out the content of the text which appear elsewhere.. so if you see a write up which has a few paragraphs of match with very few words changed in between, you can be pretty sure its plagiarized.. It even gives the title, author info date etc of the original writeup.. quite a useful tool if properly used by teachers, before this I have seen people submit work which were directly copied off the web/older reports...

  66. Just suppose by Nom+du+Keyboard · · Score: 3, Interesting

    Just suppose I write an original term paper, all my own work, and I intend to sell it to other students who don't want to do that work themselves. Turnitin has no rights to my paper beyond validating that it doesn't match any other one in their database. Furthermore I've legally copyrighted my work, and they've taken it without compensation to me, and destroyed its future value in the process. I think the students definitely have a case.

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:Just suppose by Anonymous Coward · · Score: 0

      I am not aware of any institution that would allow one to submit the work of another under their name, so I think your point (whatever it is) in this context is moot. It reminds me of that story about a true software pirate hitting hard times a short while back, as if we were supposed to feel sorry for him or something. You probably sign an agreement when you enroll that mentions all this stuff anyway, so unless you protest it at that time your case probably doesn't have any merit.

    2. Re:Just suppose by Anonymous Coward · · Score: 0

      academic dishonesty isnt a case

    3. Re:Just suppose by nuggz · · Score: 1

      Actually you likely give a license to turnitin when you submit your work.
      If the students do this with your paper they're violating their copyright. You could sue them for copyright infringement.

      Turnitin didn't know they were being falsely assigned permission to keep a copy so they were at least honestly misled.

      One possible argument is that they are acting with the specific intent to destroy the commercial value of your work.

      Forcing students to license their work to a corporation in order to attend an academic institution however is inappropriate IMO.

    4. Re:Just suppose by dcapel · · Score: 1

      I second this comment; it should be noted that it is not, and it never will be, illegal to sell your paper. What you are doing is similar towhat ghostwriters do, which is clearly legal.

      It is, however, illegal to USE such papers.

      --
      DYWYPI?
  67. Re:that instructor is pretty flawed. by jessecurry · · Score: 1

    I just think that they at least need to tie some type of user information into the system. What if I am submitting a series of papers that follow my development of thought or experimentation on a certain topic, chances are that large portions will be similar. If the papers that I submitted were tied into my student number then I wouldn't get dinged. Only being able to use the system one time per paper shouldn't be a limitation that the instructor has to work around, especially when the papers are automatically scanned when submitted.
    it basically encourages the instructors to not allow the submission of rough drafts.

    --
    Those who know, do not speak. Those who speak, do not know. ~Lao Tzu
  68. doubtful by stinkynathan · · Score: 0

    The hashes would be a derivative works.

  69. I wonder... by Nom+du+Keyboard · · Score: 1

    Stupid ideas usually result in absurd circumstances. Suppose I research something, write my paper, and feel really good about my work. So good that I also immediately submit my creative genius opus to Wikipedia before even showing it to my teacher. I'll betcha that Turnitin uses Wikepedia as one of its online sources for checking, so odds are good it bounces my paper back as lifted it's entirety from Wikipedia and I fail the course. What is my recourse here?

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:I wonder... by karmatic · · Score: 1

      Your recourse at that point is the same as mine was in High School.

      I wrote a paper for Junior english, and was accused of complete plagerism. This was a shock to me, as I wrote it. When the teacher brought in the printout for "proof", it was a forum post I had made, in which I had asked for other's comments on it. I had posted this after turning it on to the teacher. Give my use of semicolons, and rather unique writing style, it should have been readily apparent that it was my writing; the "I wrote this for an english paper, what do you think" preface should have further driven that message home.

      I got credit for the paper, but got an admonition to not do it again.

    2. Re:I wonder... by Anonymous Coward · · Score: 0

      If you modify the Wikipedia page while logged in (ironic, since I'm being the Anonymous Coward), then the history of that Wikipedia page should show up with your username and the date you modified it, as well as a detailed account of the changes you made. You can prove that you have access to the account that modified the page and the date will almost certainly be very close to the due date of the work in question.

  70. Is it really so hard to catch cheaters? by Anonymous Coward · · Score: 0

    Turnitin.com is a poor solution to the problem. I honestly don't think it's that difficult to detect plagiarism, the problem is too many students get "second chances". Change the rules such that one offense means you're kicked out of school. That way you don't have to catch every instance of cheating, you just have to catch the cheater once. Anyone who cheats often will get caught eventually by a diligent professor at some point point in their 4-year degree, without turnitin.

    1. Re:Is it really so hard to catch cheaters? by IdolizingStewie · · Score: 1

      The problem with that is false positives. The only student I've ever seen get caught for plagiarism was, without a shadow of a doubt, innocent. He did get off, in the shortest deliberation on record for the Honor Council, but not before four weeks of wondering whether he was going to fail the course and lose his NROTC scholarship because the teacher couldn't understand why two students who barely knew each other would submit nearly identical code when he specifically taught the course such that we were all programmed to use the same solution on any problem he threw at us.

    2. Re:Is it really so hard to catch cheaters? by fishbowl · · Score: 1

      >The problem with that is false positives.

      What if it's your own work that your next work is being compared against? If that shows a positive match for some reason related to your individual writing style (or maybe you actually did copy yourself, that's acceptable in most instances), yet some ham-handed practice flags you for cheating. If that happened and you could prove it, screw copyright. Sue for billions.

      --
      -fb Everything not expressly forbidden is now mandatory.
  71. They may win the battle.. by Orion_II · · Score: 0

    but almost certainly lose the war.
    I'm a college student learning computer systems, and we get some nasty first-day contracts.
    For instance, in one class I'm in, we get all of our tests online from Cisco. They make us sign a contract from day one saying that all work submitted to them instantly becomes thier property. We don't even get a chance to see them marked. If we ask the system where we went wrong, we get a list of pages from the textbook highlighted.

    Furthermore, our Professors cannot pass us or even reveal our grades if we haven't done thier online survey after the exam.

  72. They have an excellent case, I hope they lose. by paladinwannabe2 · · Score: 1

    I have some (very small) amount sympathy for the students, but for the most part I see TurnitIn.com as providing a useful service, and would be annoyed if it was crushed by copyright law. They only provide the student's works to a customer of TurnitIn if there is a match, so it's not like the student's work is going to be abused. In fact, unless they were planning on selling their work to other students, they shouldn't be harmed by TurnitIn at all.

    I am annoyed by how everyone in the U.S. seems to think that if they wrote it, no one else should be able to read it, listen to it, discuss it, or reference it without giving them a share of the money.

    P.S. The 'do not archive' student has a stronger case, and TurnitIn should remove her paper from their database.

    --
    You are reading a copy of my copyrighted post.
  73. Wait by pavon · · Score: 1

    English major ... types poorly ... four digit slashdot UID


    *blink*



    Did you buy that off ebay? :)

  74. It's a civil case, so you need damages, so... by podperson · · Score: 1

    It's not fair use if it adversely affects your market, and since your market is students wishing to cheat on their term papers, it's pretty drastic... so there's your damages.

    The only problem being that apparently the Supreme Court tends to rule against the side it considers "bad". The question is, how many Supreme Court Justices paid for someone else's term papers?

    1. Re:It's a civil case, so you need damages, so... by Jherek+Carnelian · · Score: 4, Insightful

      It's not fair use if it adversely affects your market, and since your market is students wishing to cheat on their term papers, it's pretty drastic... so there's your damages.

      The market need not be plagiarists, it could just as easily be the market for competing plagiarism detection services.

  75. Not a red herring by gillbates · · Score: 1

    Granted, their opinions do not affect their legal standing. I'm not sure why you interpreted my post as stating so. My point was that there's a cognitive dissonance in claiming the wrongfulness of copyright infringement of your own work while simultaneaously infringing the copyright of others. IOW, are these the same students who illegally share music? And if so, why are they being hippocrits?

    --
    The society for a thought-free internet welcomes you.
    1. Re:Not a red herring by Anonymous Coward · · Score: 0

      This is Slashdot. Copyright should be be wholly unenforceable except in the very rare case it benefits one of us.

  76. the vodka is strong but the steak is rotten by Rix · · Score: 1

    Neutral fish dog squat salt the beer.

    Most combinations of words have no meaning.

  77. right to opt out by e**(i+pi)-1 · · Score: 1
    they simply have to leave it as an option to every student to refuse having his or her paper added to the database. There are reasons, why one wants to do so:
    • a student is an author or a book or article or plans to become an author and will in future have to sign a contract the work has not been submitted elsewhere.
    • a student is concerned that some private information will be stored in a database, which has an uncertain future: the company could be sold to a data-miner which finds and targets a population with a certain interest.
    • the database of turnit in could be hacked and personal information could be in the wild.
    I have seen a demonstration of turnitin, in which a text was altered in several nonobvious ways and the software did not find a match if the change was not obvious. This means that it is quite ineffective for plagiarism which is not completely obvious. The software will likely be improved in the future but since there will also be less and less, which one can say without being matched with an equivalent sentence, the software could also become less effective if the database becomes larger. It also provides a business opportunity: there soon will be effective programs which take a text and reformulate it automatically so that it passes the turnitin filter.
  78. You can't have it both ways by cdrguru · · Score: 1

    Either there is no such thing as "intellectual property" and the student's papers have no value or there is such a thing and they do. You can't have copyright when you want it and not when you do not.

    I would say that clearly Turnitin's repository needs to be kept in a manner which completely and utterly disallows extracting things once they have been put in. Sort of like a one-way password encryption for text. OK, they can develop a hash of phrases and paragraphs and keep that.

    But they certainly cannot have a repository that allows them to sell student's papers on the Internet. That seems like an obvious way to make money off this and encourage even more use of the teacher's service because if the teacher isn't using it they cannot tell when such a bought paper is turned in.

  79. Turnitin.com Facts - Here's the TRUTH by Anonymous Coward · · Score: 1, Informative

    Turnitin supporters, read this article:

    http://www.essayfraud.org/turnitin_john_barrie.htm l

    If you can STILL support Turnitin after reading the facts, you probably need psychological intervention.

  80. Won't have any effect by BlueCoder · · Score: 1

    The schools and professors have the upper hand. The service will merely require professors and schools to get a signed blanket license on all assignments either when the student enrolls or the first day of class when the student can drop the class for a refund if they won't sign.

    1. Re:Won't have any effect by _Shad0w_ · · Score: 1

      I seem to remember some (many?) Universities do claim the copyright on all works created by students whilst they're enrolled at the University.

      --

      Yeah, I had a sig once; I got bored of it.

  81. Doubtful..... by IHC+Navistar · · Score: 1

    I agree with the "Do Not Archive" argument. Also, I wonder if anyone has challenged the validity of the rulings that Turnitin.com makes on papers. Does it cite articles that it thinks the works may have been copie from, or does it just simply say "Fake" and assign a number thet it thinks is appropriate.

    Just because a website's algorithm says that a paper is "Likely Plagiarized" does not mean that it is plagiarism. Now, if a teacher marked parts of my paper as being "Plagiarism", would you just let it go, or would you ask them to prove the parts in question were plagiarized?

    Teachers that take a website's "Plagiarism Probablility" as a definite rule of plagiarism are obviously not intelligent enough to be teachers.

    --
    Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
  82. represent! by Anonymous Coward · · Score: 0

    w00t!

  83. Reliability Degradation? by Bones3D_mac · · Score: 1

    Just a thought...

    If the TurnItIn system is continuously appending its database with data from each new student paper on every common curriculum topic, won't there eventually come a point where the limited availability of word combinations and phrases will become so great that it becomes impossible to submit any paper on a particular topic without it getting flagged as plagiarized?

    There are only so many ways one can write statements that are factually correct without it becoming a rube-goldberg contest of words... growing ever longer each year as previous rube-goldberg'ed papers become logged.

    I predict TurnItIn will suddenly find themselves being dropped like a lead weight from school after school as using their system eventually costs more in man-hours than simply checking the papers by hand the first time around.

    A more intelligent way for TurnItIn to function, would be to drop student works from the database entirely, and focus on professional publications only. Then, leave it up to the schools to figure out a system to compare student works against previous student works per curriculum topic. A prunning of previous works after about 3 years of age should be sufficient in avoiding any meaningful plagerism.

    --


    8==8 Bones 8==8
    1. Re:Reliability Degradation? by Anonymous Coward · · Score: 0

      I agree fully that plagiarism is wrong but sometimes there are only so many possible approaches to something and eventually with a tool like TurnItIn a student who is actually trying hard to write a good story is going to accidentally step on the toes of someone who has covered the same topic. If the teachers who use TurnItIn actually read their students papers and took the time learn about their students a student who plagiarized something would be apparent because most of the time someone plagiarizes it doesn't have their idiosyncrasies that they place in their writing. TurnItIn's main problem is that they focus on allowing punishment of students who often use the same ideas that someone else unknown to the student came up with. They should focus on providing a service to students finding the source of ideas rather then on punishment, the problem is that one sentence to some teachers constitutes plagiarism and using a tool like TurnItIn gives the teachers ways of going after innocent students, all they have to do is look up a phrase and make the argument that some kid halfway across the world also thought that Huck Fin was a racist and wala punishment for another innocent student. The ones that need a tool like this are the patent office workers so that they could actually realize that ideas aren't always new.

  84. Re:I predict Wikipedia will trump textbooks by cvos · · Score: 2

    The abuse of Wikipedia is far and wide and widely reported. As a result many universities are banning its use in class. The general reliance on Wikipedia for factual information is staggering - just because its easy to search doesn't mean it is accurate information. Instead of the abusive Turnitin service, universities should simply scan papers against the Wikipedia database and this would find 90% of all plagarism.

    --
    I'm just here for the sigs
  85. Can you plagerize your own work? by Script+Cat · · Score: 1

    If I write a term paper and my professor uses this system. What happens if I do further research and polish up my paper for another class? It's my work I should be able to use it, reuse it, publish it, or line my birdcage with it if I choose to. I do not assign exclusive rights over to my professor.

    Note: It is not work for hire that's why they don't pay you for it.

    1. Re:Can you plagerize your own work? by Anonymous Coward · · Score: 0

      It's usually part of the academic integrity policy of your school that you can't reuse your works from past courses. This can obviously become problematic at times. It would however be awfully stupid if the university retained exclusive rights to publish your works.

  86. Re:How can they enter into a contract with a Minor by coolGuyZak · · Score: 1

    How can they (iParadigm) enter into a contract with a minor?

    Technically speaking, anyone can enter into a contract with a minor. However, such practices are strongly recommended against. Why?

    Because minors have "presumed incapacity" under civil law. This means they may disaffirm the contract before they gain capacity (e.g. reach the age of majority) and for a reasonable length of time (usually 3-6 months) afterwards.

    Once a minor has reached the age of majority, they may ratify a contract. In doing so, they discard their right to disaffirm the contract. Ratification can happen in one of several ways: explicitly (via words) or implicitly (by allowing a reasonable length of time to pass, continuing to execute the contract for a reasonable time, or by making multiple payments).

    If a minor disaffirms the contract, they must return their consideration (regardless of its condition) to the other party. The other party must return all consideration (e.g. full restitution) to the minor (regardless of what they get back). There are a bunch of little tweaks that the law applies to minors, depending on the situation. However, they don't apply to this situation.

    How can they enter into a contract anyone without asking?

    If the student enables the teacher to act as his or her agent, then the teacher may assent to the contract in place of the student. It's been almost 6 years since I left public school. God knows what they make kids do these days.

    How does the ToS work for those people who never consented to this abuse?

    It doesn't. You cannot assent to a contract you have not seen.

    And now my two cents: Disregarding what was said above, the students may be able to argue that they entered into the contract under duress. Failing the course and thus failing a grade could be reasonably interpreted as an imminent threat to their well being. They have no reasonable choice but to submit the paper to this service. Imminent threat to well being + no reasonable alternative = duress. QED. With this argument, capacity doesn't exist, and the contract once again becomes voidable.

    Disclaimer: IANAL. Don't be an idiot; hire an attorney instead of taking this text as legal advice.

  87. How did the studies define cheating? by Geof · · Score: 1

    The definition of "cheating" can make a big difference. Does copying a math proof count? Collaboration was encouraged in my first year physics, but if it hadn't been would it be considered cheating? How many indcidents are required, over what period of time? Did they ask university students whether they had ever cheated, and include asking the previous class about the quiz back in grade 10?

    I would also want to know the relationship between "cheating" and plagiarism. I have heard of professors who consider missing references or footnotes as plagiarism, even if it's accidental - but I don't think anyone would call that cheating.

    I'm not saying you're wrong; I've heard cheating and plagiarism are rampant. I have some doubts about the significance of this. When I was a TA, I marked a paper which seemed very suspect to me - the language was inconsistent and too academic (i.e. impenetrable). We didn't prove it was plagiarism, but it wasn't all that good anyway - it didn't do a very good job of fulfilling the requirements of the assignment.

    The real problem, if you ask me, is an industrial model of education which fails to truly connect with students. If eduction is turning a 300-student class into 300 numbers, there are going to be problems whether or not there's cheating involved. Unfortunately, better education is expensive, so there's no ideal solution unless we seriously restructure the relationship between society and education.

    If plagiarism absolutely must be a priority, my off-the-top solution would be to make the students open up their work (just as academics should be doing). Don't put it in a corporate archive - put it online where anyone can read it. If the students are good, everyone can benefit from their work and the publicity may help their careers. If they plagiarize, that may catch up with them. On the other hand, this makes it very hard for students to move past foolishness or indiscretions, and may reduce risk-taking.

    1. Re:How did the studies define cheating? by CheshireCatCO · · Score: 1

      Typically, they rely on self-assessed cheating. In other words, it's cheating if the (ex-)student thinks it is. (These surveys are, of course, anonymous.) If anything, that likely reduces the number of reports from what a more stringent definition would yield. (e.g., most students wouldn't feel that honestly forgetting a citation is cheating.)

      Plagarism is a subset of cheating. Clearly, I can cheat without plagarizing. So yes, it is almost certainly the case that fewer students plagarize than cheat. Still, plagarism, especially in the age of Google, seems to be the most common form of cheating. (It's a lot easier and less risky than, say, sneaking a cheat sheet into an exam.)

      Publishing students' papers online might make sense, but it's not as central and as easily searched as TurnItIn (or other sites). In many ways, it suffers the same legal pitfalls, though.

    2. Re:How did the studies define cheating? by CheshireCatCO · · Score: 2, Informative

      Since you seem to be honestly interest, I've looked up the reports of studies which appear in "Academic Dishonest: An Educator's Guide" by Whitley and Keith-Spiegel.

      McCabe and Trevino (1993) apparently listed twelve cheating behaviors. The only behavior I'd call less than obviously cheat is that "copying a few sentences of material from a published source and not footnoting them." The rest are all things like copying an exam, plagiarism, getting access to an exam before it's administered, etc.

      Oh, and the study ONLY covers college careers. No high school or below is included in the questions.

      They find that overall, 78% of students reported at least one incident of one of those behaviors in college. (At honor-code schools it was 58% and at non-honor code schools it was 82%.) Cheating on exams is 52% overall, 31% at honor-code schools and 60% elsewhere. Copied homework assignments (which I'd personally lump in WITH plagiarism) are 42%, 25%, and 50% respectively. Plagiarism is 48%, 31%, and 57%.

      There are other studies cited in the first chapter of the above-mentioned book if anyone is curious. The McCabe and Trevino study just seems to be the best-performed and the most reported in the book.

  88. Knowing and proving by drgonzo59 · · Score: 1
    Knowing someone cheats and being able to prove it is a whole different question. For example if he heard his classmates brag about downloading the paper they can't really tell the professor much. It will be "he said, she said" kind of stuff and someone might as well make that up about anyone that anoys them (like the guy who sat next to me during an exam and chewed gum really loudly ) -- if I was really evil I could have gone to the professor and told them he cheated.

    Then if were to point a finger towards one of my classmates and accuse them of cheating to a professor but the professor couldn't prove anything, I would have to see that classmate every day, take classes with them and might even be forced to collaborate with them on projects during the rest of my University career. That would make me think twice before calling someone a cheater without having good evidence (such as a specific website they bought the paper from and so on.)

    If they were to bust anyone for cheating they should look really closely at frat boys and sorority girls. Fraternities and sororities usually maintain loads of previously solved homeworks and exams to help the newcomers "get through" college while being drunk half of the time. But if I was to tell a professor that "Ms. Blondie McParty" told her friends she cheated and I overheard, it would be my word against that of 20 clones "Ms. Blondie McParty" and friends. I think I would rather not bother and move on. My children will have to deal the a shitty educational system...

  89. a few random thoughts by f1055man · · Score: 1

    good thing they didn't have this when I was in school. I wrote 5 or 6 papers freshman year and just rewrote them every semester. It would be a PITA arguing over the ethics of plagiarising myself every semester. Politics of West Africa => Foreign Policy of West Africa => Economic Development Case Study: Nigeria => Anthropology: Cultures of West Africa. I had a couple different series that made up about half my coursework, with each paper in a series changed 20 to 50%. In the end I probably spent more time on the remixes than I would have if I had written brand new papers. I also learned more, as I forced myself to build connections across different fields of study. A lot more enlightening than copying my class notes and picking random quotes from one or two sources (or 10 sources that say the same thing from the same point of view). Would my anthro teacher fail me if he knew my application of post-colonial philosophy to an analysis of race in America was cribbed from a previous political theory class? Or would I have kept the A? Only the way it was cheating was that it prevented the first excruciating hour of writer's block.

    "work for hire" my big hairy ass. I don't pay fifty grand for the opportunity to work. My ideas are pretty worthless, but they aren't of negative value. Tuition/housing at my alma mater is now over 50k a year. Nucking futs. Great gyms, half a dozen starbucks, neat course bulletin boards, and an amazing student union. Unfortunately, all the profs are overworked/underpaid adjuncts and the student union is actually used for corporate conferences.

    Would a ruling in favor of the students affect search engines? Real question, I don't know.

    If a professor needs to use this system to detect plagiarism, the students are getting a crappy education. One or a combination of the following are probably true: a) the professor can't read.
    b) the professor doesn't read the papers.
    c) the professor has no idea who the students are and their capabilities. If the dumbass star athlete turns in genius work, or for that matter the brilliant nerd turns in trite bullshit, questions should be asked.
    d) there is no opportunity for discussion among/between students and faculty. Most of these problems could be avoided with smaller classes, which would be possible if so much money wasn't thrown at higher ed leaches like plagiarism detection.

  90. Re:Going nowhere fast? LET'S TEST THIS by reverius · · Score: 1

    That's perfect. I have a project coming up for a class on 20th Century American Rock and Pop music (Music 109 at the University of Arizona) which is required to be submitted on Turnitin.com. It's a song analysis. I could very easily put large chunks, possibly the entire lyrics of the song into my analysis; I'd like to see what Turnitin.com claims on that. I wonder if I'll get accused of "plagiarism" for copying the song lyrics of the song that I'm analyzing. I think it would be really obvious to the teacher that I wouldn't actually be plagiarizing... but I'm not sure I'd accomplish much else.

  91. nice by DuroSoft · · Score: 1

    Hah can you say OWNED

  92. EULAs, reused papers, class actions??? by BUL2294 · · Score: 1
    Ever reused your own paper??? (i.e. picked a topic that you've written a paper on before...) By definition, that's not plagiarism because you own said work and you did all of that work... But what happens if the same student submits similar papers to two different teachers that use Turnitin? I can't even remember a policy at my high school or college forbidding reusing one's own work (appropriately modified)...

    Another question is what happens if someone appends an EULA to a paper??? Shrink-wrap the thing or even just append it to the end... Wouldn't that beat any such "contract under duress"?

    And why haven't there been any class-actions against school districts filed by some parents over the forced nature of giving up one's own copyrights? It's difficult for one student to be a martyr, but if all of them in a district are pulled into a class-action, wouldn't that make the case easier???

    --
    Windows 3.1x calc: 3.11 - 3.10 = 0.00
    1. Re:EULAs, reused papers, class actions??? by darth_fishy · · Score: 1

      Ever reused your own paper??? (i.e. picked a topic that you've written a paper on before...) By definition, that's not plagiarism because you own said work and you did all of that work...


      Acutally that is still seen as plaigarism. Except of course if you quote your own work and even then only up to the same extent you are allowe to quote or reference another persons work.
  93. Sue the school by insomniac8400 · · Score: 1

    The school is forcing students to agree to turnitin's rules. I assume there is an agreement giving turnitin the rights to use the paper when submitted? If not, this is definitely not fair use. Its a commercial application. But if there are terms and students are submitting to their work under these rules, turnitin shouldn't be at fault. The school should be sued. The question will be is the school allowed to force a student to write something and give away the rights to the work to anyone the school wants when submitting for a grade. I assume it will be the schools right to do that and these students will lose.

  94. Not only are they doing this... by Ant+P. · · Score: 1

    but they also have a web spider that ignores robots.txt and will happily leech your entire site, copyrighted or not.

  95. Forbid all search engines or none by harmonica · · Score: 1

    Turnitin is a search engine much like Google or Yahoo. If you forbid Turnitin to index files, you'll have to shut down Google as well.

    If you want your text publicly available on the Web but not in Turnitin (a strange combination, I think, who would want to be plagiarized), use robots.txt. Turnitin has visited my site regularly. The crawler's host name was always cr1.turnitin.com or cr2.turnitin.com, its user agent string "TurnitinBot/2.1 (http://www.turnitin.com/robot/crawlerinfo.html)".

  96. no case by Anonymous Coward · · Score: 0

    most of 'their' copyright will be owned by their educational institution. nothing to see here.

  97. DMCA Takedown by Prehensile+Interacti · · Score: 1
    This case sounds like the perfect place to serve a DMCA takedown notice and that's all.

    As the Google case unfolds with Viacom,, there's a lot to hope precedent gets set, that a prompt response to a valid DMCA takedown notice will get any service company 'off the hook'.

    It's those nasty, viscious holders of the copyright to blame again; except this time the're students.

  98. Mod parent up by ari_j · · Score: 1

    Yeah, that. You don't get statutory damages or attorney's fees, or something like that, right? So they'd have to show actual damages, which seems rather pointless here. Mea culpa.

  99. Who wants PROOF about Turnitin's thievery? by Anonymous Coward · · Score: 1, Informative

    Turnitin supporters, read this article:

    http://www.essayfraud.org/turnitin_john_barrie.htm l

    If you can STILL support Turnitin after reading the facts, you probably need psychological intervention.

  100. Welcome to corporate prep school by penglust · · Score: 1

    This is one of the few things Universities are really doing to prepare students for the corporate world. Let the laying down of rights begin.

  101. Universities usually have copyright privileges by Aqua+OS+X · · Score: 1

    All in all, I think this boils down to the university's involvement with the service. When I was getting my a degree in industrial design I learned that the university had the right to republish anything that I designed for a school assignment. I wouldn't be surprised if publication rights were a fairly standard thing for most universities and disciplines.

    --
    "Things are more moderner than before- bigger, and yet smaller- it's computers-- San Dimas High School football RULES!"
  102. Doubt it by phorm · · Score: 1

    I work in a school district (a Canadian one at that). I've never seen any such contracts. Furthermore, who would be the ones submitting the material? Teachers of individual classes, principals? My experience has been that many teachers - while definitely knowledgeable within their own domain - often lack knowledge of outside factors. I've met plenty of Math teachers who can't spell, English teachers with poor math skills, so it wouldn't be a surprise if teachers would upload this material without checking the further legal ramifications.

    That said, Principals and administrators are often more aware of legal issues, at least in terms of avoiding something that will get a school sued, but the technology angle of this might make it a bit elusive, and plenty of teachers might be submitting students' work to the database without checking with the admin-types first...

  103. Can you view the whole thing? by phorm · · Score: 1

    Can you actually view the whole book? An argument there would be that google has presented a service which would actually be profitable to the author (by selling more books). It tends to go along with the argument that if students' works are being submitted, the students should in some way get compensated.

    Still, it is a good comparison, and one that is still up-in-the-air as well.

  104. Good by 42Penguins · · Score: 1

    If this goes through, I predict either
    a. a step up for rights of minors in schools
    or
    b. a push by the teacher's unions to revise copyright law

  105. I See Nothing Wrong With This by rm999 · · Score: 1

    So far, every comment I have read has been resting on the assumption that something wrong is happening. I think what Turnitin does it great - they catch people who cheat, which (relatively) helps the students who don't cheat. They have created a service that applies some pretty cool research in machine learning, and are paying honest programmers and researchers in the process (perhaps this is my bias as a machine learning researcher). They help teachers do their job, without interfering with the creative or subjective process of the teachers grading.

    The only thing that could be construed as "wrong" in all this is that the students' papers are being added to a database. I don't find this to be a very valid complaint. The company is not stealing their papers, it is making sure no one copies them. Companies employ this kind of pattern all the time in our daily lives - every time you search in google, they record what you searched for along with plenty of other contextual clues (including what sites you visited). These records aren't being "stolen" or published, they are used to improve the service. Likewise, these students papers aren't being published, they are being added to a machine learning database to improve the service in the future.

    I understand the intuition that something is wrong, but I think deeper thought shows that in the long run this is pretty win-win.

  106. Knew it would happen! by chmoder · · Score: 1

    I have been FORCED to use this in high shcool and it is a huge infringement on our rights. When your kids or friends tell you school is communist WELL IT IS!

  107. Cool Stuff! by madsheep · · Score: 1

    Well I am not really going to weigh in on the issue, but I can tell you one thing about the service.. it's pretty damn good. I actually am friends with a teacher at Westfields High School in Northern Virginia. Almost every assignment that's submitted electronically or by way of .DOC files ends up in this system. He logged in and showed it to me. It will tell you the percentage of the document that matches another from a school or from the textbook. It's pretty cool. It will even highlight and color code the match set of words or sentences and tell you where it came from.

    Now whether or not you like them adding the text to the database. That's another story and I honestly do not care one way or another. What I can tell you is that this service is pretty damn cool[/useful].

  108. What if student signed an employee agreement? by schwit1 · · Score: 1

    Any new employee(or intern) has to sign an employee agreement that pretty much says everything the person writes, thinks or produces belongs to 'the company'. Wouldn't this supersede the school since it was signed first? If so, start a company.

  109. What if your neighbor's kids aren't "Bushies"? by jbn-o · · Score: 1

    First, there's no need to talk to other people here like that. We can all participate in a mutually interesting and informative conversation without the namecalling.

    How long do you think it will be until Turnitin's database is published (even inadvertantly) and your papers are indexed by the world's search engines, giving your future employers something new to look at? Do you think other high school students are prepared for that kind of scrutiny?

    While I'm sure grading a lot of papers is difficult work, I wonder if there aren't some adverse privacy consequences to a service like TurnItIn that outweigh the alleged advantages.

  110. And what these students did was right? by Assassin+bug · · Score: 1

    I think they've got an excellent case, especially since they seem to have prepared for this eventuality: they're A-students, never been accused of plagiarism, and they formally copyrighted their papers prior to their submission to Turnitin.
    Entrapment??
    1. Re:And what these students did was right? by StudentRights · · Score: 1

      That's completely wrong. The students were NEVER caught plagiarizing. That's the whole pint! They don't want to be tearted like criminals, AND have their work monetized by a for-profit corporation without their consent.

    2. Re:And what these students did was right? by Assassin+bug · · Score: 1

      What are you saying is wrong? My point was it reads as though the students copyprotected their work prior to submission with the intent to catch the service in the act of infringing on their copyright. This is slightly different than having your copyrighted work submittied by someone else without your knowing. What they did would be a form of entrapment would it not?

  111. Re:I predict Wikipedia will trump textbooks by jmac1492 · · Score: 0

    The abuse of Wikipedia is far and wide and widely reported. Yeah. In fact, I heard that abuse of wikipedia has tripled in the past six months.
    --
    Jenny's got a new number! 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
  112. missing the point by tate-o · · Score: 1

    This case illustrates terrible misunderstandings that are almost universal now about copyright. Turnitin does not *publish* ANYTHING!! If the students really have copyright on their works (not automatic, they had to jump through lots of hoops), then noone else can PUBLISH them. Copyright law has nothing to say about who can and cannot profit, in some ambiguous way, from any work.

    Imagine that this suit is successful. Now Pandora will have to pay royalties every time they compare some users taste to some song in their database, whether they stream it to that user or not. The royalties will be for any use of any kind by Pandora, not for streaming (ie. publishing) the song.

    Or here's a further out example: I go to a job interview and I make a quote from George Orwell's '1984' that impresses my prospective boss and I get the job. Now I should have to pay for copyright infringement because when I bought the book I only had the right to read it, not to profit from reading it?

    This lawsuit is pure BS, and a publicity stunt by these students.

    1. Re:missing the point by gonzo67 · · Score: 1

      1st....flame on!

      2nd...It is obviousl you know little, if anything, about copyright law. Copyright exists the MOMENT you create something. Therefore the students already had copyright. What they did that was unusual, was to REGISTER their copyright. This is what increases the STATUTORY damages they can claim.

      3rd....The company is USING their works, without agreement from the copyright holder, for business use. Use MS Vista or RIAA/MPAA members' works for your business without paying them for that use....well, the lawyers are already searching the web for violators and suing (their mistakes are they do not positively identify the violator before pouncing).

      4th....Perhaps you should learn to READ and apply that learning to actually using the skill to then research topics and educate yourself before you post and confirm to the world how much an idiot you are.

      5th......flame off.

  113. Come on Slashdot by Anonymous Coward · · Score: 0

    If this were a free software discussion, Turnitin would be able give out those students papers to everyone who wanted it. You would be bashing the students for wanting to copyright thier work. Geez.

  114. Larger ramifications by bluepinstripe · · Score: 1

    Does anyone know, does turnitin have copyright releases for any of the published sources it compares against? It seems like turnitin's potential exposure as a result of litigation by students is nothing compared to their potential exposure as a result of litigation by publishers.

  115. Re:How can they enter into a contract with a Minor by Anonymous Coward · · Score: 0
    It doesn't. You cannot assent to a contract you have not seen.

    Sooo full of shit -- this guy hasn't even heard of shrink-wrapped licenses for openers.

  116. Re:How can they enter into a contract with a Minor by coolGuyZak · · Score: 1
    From Wikipedia's Software License Agreement page:

    The legal status of shrink-wrap licenses in the US is somewhat unclear. At particular issue is the difference in opinion between the courts in Klocek v. Gateway and Brower v. Gateway. Both cases involved a shrink-wrapped license document provided by the online vendor of a computer system. The terms of the shrink-wrapped license were not provided at the time of purchase, but were rather included with the shipped product as a printed document. The license required the customer to return the product within a limited time frame if the license was not agreed to. In Brower, the Supreme Court of New York ruled that the terms of the shrink-wrapped license document were enforceable because the customer's assent was evident by his failure to return the merchandise within the 30 days specified by the document. The U.S. District Court of Kansas in Klocek ruled that the contract of sale was complete at the time of the transaction, and the additional shipped terms contained in a document similar to that in Brower did not constitute a contract, because the customer never agreed to them when the contract of sale was completed.
  117. Students can have excellent ideas by Hyperhaplo · · Score: 1

    (it's high school, what are the odds that it's worth copyrighting?).

    So, does that mean that the teenager who built the cheap spectrograph for under $500 recently would lose all rights to it?

    --
    You have a sick, twisted mind. Please subscribe me to your newsletter.
  118. My unanswered email from 7/5/06 by cyphercell · · Score: 1

    Hello, I am new to turnitin.com and I am curious about something. I have read the turnitin's privacy pledge, the End User License Agreement, the usage policy, and the Privacy and Copyright pdf document. I have not found anywhere on this site anything that begins to address the question of the ownership of papers that are turned in to turnitin.com. I find this to be terribly frightening. I believe your companies documentation when it says that "turnitin.com does not violate any state or federal laws" but at the same time the only thing that seems to maintain that point is the fact that the company doesn't address the issue of ownership of intellectual property. For instance the company obviously retains ownership of my work for the purpose of comparing it to the work of other students, however your site never explicitly states this fact. You never say that when I turn in my document you reserve ownership rights to my work. You never as far as I can find explicitly state that I retain full ownership of my work. You explicitly make no provisions whatsoever for the protection of my intellectual property through your end user license agreement. So, my question basically rests at whether I can have my work completely withdrawn from your database after it has been checked and determined to be original? It is after all my work and not yours and it is a requirement that I use your service to pass my class, so surely you must provide a way for me to protect my own rights as an original author?

    --
    Under the influence of Post-Cyberpunk Gonzo Journalism
    1. Re:My unanswered email from 7/5/06 by cyphercell · · Score: 1
      more from a paper I turned in on privacy in the digital age.

      Other problems arise when individuals abuse their power as owners of their own personal information, for instance with respect to essays in college. People had been using the Internet to plagiarize other people's work and to offer their own work for a price. This led to a retaliatory effect where Turnitin.com rose up as a service that tracks the papers written by all students that attend participating colleges. The interesting thing that I found about Turnitin.com when reading their legal literature governing the use of their system is the fact that they never specifically address the issue of ownership of a document submitted to the site. For instance the site specifically does not explicitly claim ownership of your written work nor does it reserve your own rights as the author of your work. According to the U.S. Copyright Office a copyright holder can allow others to display the work in public. Turnitin.com does so, without specifically asking, but by the nature of the business permission is implied. In fact since there is not anything in Turnitin.com's service that protects the original author's rights. It could be contested that Turnitin.com's service also implies full copyright ownership of the document. This is all well and good, so long as Turnitin.com doesn't abuse their power as the owner's of a huge collection of literary work, but what happens if, say, Turnitin.com goes bankrupt and is purchased by someone else? Who owns your written work? What can they do with it? And most importantly how does an individual protect their intellectual property?

      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
    2. Re:My unanswered email from 7/5/06 by cyphercell · · Score: 1

      FWIW - I don't have the final copy anymore but I did make modifications before reaching a final draft.

      --
      Under the influence of Post-Cyberpunk Gonzo Journalism
  119. Anti-Turnitin Copyright Statement for Students by Anonymous Coward · · Score: 1

    Students can place the following disclaimer on their papers:

    "Copyright 2006 [STUDENT NAME]. All Rights Reserved. Aside from my professor's sole, personal review as part of his/her private, single-human, software-free grading process (checking for plagiarism with Google is acceptable), neither my professor nor my academic institution may otherwise copy, transfer, distribute, reproduce, publicly/privately perform, publicly/privately claim, publicly/privately display, or create derivative works (including "digital fingerprints") of my copyrighted document (intellectual property). The same restrictions apply to Turnitin.com and all similar services if my document should somehow come into their possession. Neither my professor nor my academic institution may submit my copyrighted document, in whole or in part, to be copied, transformed, manipulated, altered, or otherwise used by or stored at Turnitin.com (iParadigms, LLC) or any other physical or electronic database or retrieval system without my personal, explicit, voluntary, uncoerced, written permission. Regardless of supposed intent (e.g., "to create a digital fingerprint"), no part of my copyrighted document may be temporarily or permanently transferred, by any party, to Turnitin.com or any other service, program, database, or system for analysis, comparison, storage, or any other purpose whatsoever. Violators will be monetarily punished to the fullest extent allowed by the DMCA (Digital Millennium Copyright Act) and/or international law."

    http://www.essayfraud.org/turnitin_john_barrie.htm l

  120. there's more than one way to do it by Anonymous Coward · · Score: 0

    I wonder if perhaps there is some way to move the whole educational process in a direction where plagiarism cannot flourish.

    For instance - smaller class sizes, which would facilitate oral discussions (can you really plagiarize in an oral discussion about your homework from yesterday?)

    Multiple choice exams (can't really plagiarize on those)

    Get rid of grades (just go pass/fail or written evaluations of a student's performance as in Steiner schools)

    The way we treat college these days (so that one can get a good job) - that's not REALLY college - it's bullshit. So why at least not make it equal opportunity - give everyone a chance. Pass/fail is a better way to do that - keep taking the test 'till you get it right. Once you learn the stuff, you qualify.

    If what a person wants is a true, high-quality, "liberal" education, they're going to be hard-pressed to find a place like that without shelling out a significant amount of money or knowing where to look.

    Plagiarism is a side-effect of large class sizes, uninvolved students who are there so they don't have to flip burgers (or so they are led to believe), and teachers who have probably had a significant amount of unadressed and unexplored fears and methods of thinking.

    We have lost, to a large extent, the idea of what it means to have a "liberal" education. Of what it means to learn how to think for yourself, to not read canonically. Everyone else knows better than today's college student, and it's h/er job to accept those green apples and humble h/erself. Maybe in some distant future nirvana when s/he's earning h/er PhD will she get the idea that h/er mind is capable of thinking for itself.

    It's sad, really. And it creates more fear, more hostility, more anger, and more adversarial relations, reaffirming how nasty life really is.

    You can "crack down" on plagiarism, or you can create an environment where it cannot flourish. Seeing as how an environment where plagiarism cannot flourish can only be created by creating an environment where critical thinking is seen as a responsibility and requirement for personal growth, enhancing a strong sense of community with your fellow students/teachers, I say we go for the latter.

    If you really take a long, hard, look at what college is really about, as it is defined by regional accreditation institutions, the American Council on Education, and similar bodies, you will eventually come to the realization that for many millennia, human beings have wanted to be free. They have wanted to know why the universe is the way it is, and their place in it. They have wanted to gain a better understanding, a deeper understanding, a more perfect union with the world they live in.

    Colleges today, with a few exceptions, fail miserably at this today - unless of course, chasing the opposite sex and beer kegs is your definition of getting in tune with the universe.

    The only thing we ever need to "crack down" on is "cracking down". We need to have zero tolerance for zero tolerance. How is that one of the greatest nations on earth doesn't get that? And why does everyone blindly go along with the bullshit as if they had a gun held to their heads? Perhaps it's exactly these types of questions that individuals have been asking for countless millennia.

    Needless to say, I like the Perl programming language. It's fun. And, so, the point I would like to make is that there is more than one way to deal with plagiarism. Of course, FORCING your students to think for themselves is not necessarily a bad thing - what's bad is that you have to force them to do it. It should (and probably does) come quite naturally. Not surprisingly, you be quite sure that at some point in h/er life, the student has had that independent thinking streak "cracked down" on as well. Unfortuately, many college students today are afraid to think for themselves. Many of these students, while being honorable, obedient, studious individuals, have been handicapped - they are unable to truly think for themselv

  121. The only good thing I've heard all day. by Kadin2048 · · Score: 2, Insightful

    Unless the research is from government funding. All of my funding comes from the NSF or NIST, and since the money is taxpayer's money research that comes from it cannot be copywritten. So in addition to giving the Journal the transfer-of-copyright form, I also send them a form that says technically I have no copyright to transfer to them.

    This is very interesting -- I've always thought that this should be how it works, but I wasn't clear whether Government-funded research went into the public domain or what. It certainly seems like nothing but a big fat handout to the journal publishers, if billions of dollars of taxpayer-funded research are just turned over to them by scientists trying to get their papers in print.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  122. Command from an authority figure = duress? by Kadin2048 · · Score: 1

    As was discussed elsewhere, they'd require you to sign away copyright to whatever you turned in as a condition of taking the course - no-one is forcing you to enroll, thus no duress.

    I think the greater question is if at a public highschool, when completing your legally-mandated education, can a teacher/professor compel a student to use such a service (and thereby surrender the right to their intellectual property) as a condition of receiving a passing grade in the course?

    I think to really establish a case, some students are going to have to flatly refuse to use Turnitin, and wait for a teacher to flunk them in a course that's required in order to graduate (most English classes are, or at least they were back when I was in school). I think there might be some precedent surrounding what schools can require students to do in order to let them graduate, as a result of cases surrounding high-stakes exit exams, perhaps.

    It seems to me that you could construct an argument that a public school teacher saying that 'you must use this service or you'll fail the course and not graduate' (when, remember, you don't have any option to be in the class or not, if you're under 18 anyway) counts as duress.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    1. Re:Command from an authority figure = duress? by crawling_chaos · · Score: 1

      I think the greater question is if at a public highschool, when completing your legally-mandated education, can a teacher/professor compel a student to use such a service (and thereby surrender the right to their intellectual property) as a condition of receiving a passing grade in the course?
      As minors they can't execute contracts, so it would be the parents' role to sign away said rights. In fact, it might be within the rights of the principal to do so in some states. Minors can be legally made to do all sorts of things under duress.
      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
    2. Re:Command from an authority figure = duress? by bostonkarl · · Score: 1

      By senior year many students are no longer minors. Certainly by second semester.

    3. Re:Command from an authority figure = duress? by SillySlashdotName · · Score: 1

      My understanding of minors and contracts is that the contract CAN NOT BE ENFORCED AGAINST A MINOR, not what you said.

      An example would be a minor who signed up for high speed internet service. If the service was defective, the minor COULD sue and win. On the other hand, if the minor did not pay the bill, the provider COULD NOT sue the minor (rather, they could not win). Notice that, if both parties are satisfied with the performance of the other, there is no bar to the contract itself.

      It is this inequity (not a law making it illegal) that makes most unwilling to enter into contracts with minors.

      As another example, minors can obtain and use a credit card. But because the card company can not sue to compel payment, they require an adult co-signer (who CAN be sued to compel payment).

      I do, howwever agree with your other points, expecially this: "Minors can be legally made to do all sorts of things under duress."

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    4. Re:Command from an authority figure = duress? by crawling_chaos · · Score: 1

      Ah, but by that time they have passed the compulsory period of education, so requiring them to sign such a contract to get a diploma is still legal. Sorry, sometimes you just lose.

      --
      You can only drink 30 or 40 glasses of beer a day, no matter how rich you are.
      -- Colonel Adolphus Busch
  123. You're Wrong! by vertigoCiel · · Score: 1

    Have you ever actually used this service? What was that? No? I didn't think so.

    I'm another high school senior (one of my classmates posted earlier up) who has used this service since my sophmore year. Every time, I have submitted the paper personally. For emphasis, this means that THE STUDENTS SUBMIT THE PAPERS. Each student registers an account with Turnitin, signs up for "classes" (which gives teachers the ability to see the report on the paper), and submits the papers themselves. All the teacher does is check the reports that Turnitin mails them. Thus, every student who uses this service has already commited to an EULA/TOS. I'll repeat that. EVERY STUDENT who has used this service HAS SIGNED AN EULA.

    Sorry for cap-spamming, but this point has not come across to many readers, so I felt the need to re-iterate strongly.

    1. Re:You're Wrong! by ari_j · · Score: 1

      That information was certainly not in the article blurb, and you are around 18 years old so you should be wise enough in the ways of the world to know that nobody here reads the articles. And no, I never used this service, because I graduated high school before it existed. Might I ask what the consequences would have been had you refused to agree to what you call "an EULA/TOS"? (I am thinking it's possibly TOS but not EULA, except in the most perverse sense of the term EULA.)

  124. Anti-Turnitin Disclaimer for Students by StudentRights · · Score: 1

    Students can place the following disclaimer on their papers:

    "Copyright 2007 [STUDENT NAME]. All Rights Reserved. Aside from my professor's sole, personal review as part of his/her private, single-human, software-free grading process (checking for plagiarism with Google is acceptable), neither my professor nor my academic institution may otherwise copy, transfer, distribute, reproduce, publicly/privately perform, publicly/privately claim, publicly/privately display, or create derivative works (including "digital fingerprints") of my copyrighted document (intellectual property). The same restrictions apply to Turnitin.com and all similar services if my document should somehow come into their possession. Neither my professor nor my academic institution may submit my copyrighted document, in whole or in part, to be copied, transformed, manipulated, altered, or otherwise used by or stored at Turnitin.com (iParadigms, LLC) or any other physical or electronic database or retrieval system without my personal, explicit, voluntary, uncoerced, written permission. Regardless of supposed intent (e.g., "to create a digital fingerprint"), no part of my copyrighted document may be temporarily or permanently transferred, by any party, to Turnitin.com or any other service, program, database, or system for analysis, comparison, storage, or any other purpose whatsoever. Violators will be monetarily punished to the fullest extent allowed by the DMCA (Digital Millennium Copyright Act) and/or international law."

    http://www.essayfraud.org/turnitin_john_barrie.htm l

    1. Re:Anti-Turnitin Disclaimer for Students by Anonymous Coward · · Score: 0

      Hmm, let me see, students can either agree to be violated, or they can CHOOSE to get an "F" on every paper or "find another school." Great options, eh!

      This is a classic case of undue influence to coerce students into involuntarily ceding their intellectual property rights--under duress--to a profiteering, corporate giant. The corporate giant (Turnitin) prospers to the tune of $20,000,000-$100,000,000 (John Barrie, founder of Turnitin, recently admitted that Turnitin's business DOUBLES every 12 months) in revenue per year off the backs of MINORS, while the students do not get a PENNY in compensation for their time, resources, or intellectual documents that Turnitin monetizes without students' uncoerced permission. What Turnitin and the school are doing to the MINORS is nothing short of indentured servitude!

      Yes, the students properly registered their copyrights with the Copyright Office long before filing suit. The papers also included disclaimers warning Turnitin not to index the papers. Turnitin blatantly ignored the disclaimers, and now Turnitin will pay, both literally and figuratively.

      Turnitin also commits copyright infringement by emailing students' intellectual property to third parties. Proof, you ask? Go to the following URL to read about a professor's first-hand experiment with the Turnitin system. The results of the experiment provide undeniable proof that Turnitin emails complete, word-for-word copies of students' papers to third parties around the world (without students' permission):

      http://www.mikesmit.com/page.php?id=23

  125. Your argument doesn't support your case. by argent · · Score: 1

    every time you search in google, they record what you searched for along with plenty of other contextual clues (including what sites you visited).

    And even though you're talking about a record that is arguably not your intellectual property in the first place (any more than an inventory of your trash is), Google's already been in hot water for keeping this in a form that's personally identifiable and is changing their policies.

    1. Re:Your argument doesn't support your case. by rm999 · · Score: 1

      But those same people don't complain when their searches come out great on Google. From a machine learning perspective, you can't do much useful without data. Real world data. It's a dangerous game using real world data, but IMO it is essential to truly take advantage of what computers can do.

      And ignoring legality, I think Google recording what you search, attaching it to your name, and recording what websites you visit, is far worse of an infraction on our rights and privacy than the anti-plagiarism website. I am willing to sacrifice that privacy because I know Google's 150 billion dollar market cap depends on it (in other words I trust them) and because I know they end up making a better product because of it.

    2. Re:Your argument doesn't support your case. by argent · · Score: 1

      But those same people don't complain when their searches come out great on Google.

      Google: The only copyright issue here is the web index and cache, and that's storing publicly available information that the copyright owner is broadcasting promiscuously. It's also stored for a limited time, they provide a mechanism to opt out, and remove data on request.

      Turnitin: They're storing and redistributing unpublished material that the copyright owner is actively protecting, with no time limit, no opt-out mechanism (though since this is unpublished material that should be opt-in), and won't remove data on request. The more-limited redistribution is a mitigating factor, but like the "fair use" doctrine that's not a get-out-of-jail card.

      I think Google recording what you search, attaching it to your name, and recording what websites you visit

      What part of "they decided it's an invasion of privacy, that they don't need to do it, and are stopping it" did you miss? Also as I pointed out this is not a copyright violation in any case and bringing up privacy issues was muddying the waters.

      Google: Not a copyright violation, you're not required to log in to use google, and they're resolving it anyway.

      Turnitin: May be a copyright violation (that's for the judge to decide), not optional, and not being addressed.

      The point is that it's not a parallel, but even if it were Google's response makes Turnitin look worse, not better.

    3. Re:Your argument doesn't support your case. by rm999 · · Score: 1

      You are making an argument based on laws that IMO haven't strongly been tested in courts (we won't really know the outcome until this goes to court.) I purposefully tried to avoid this line of discussion when I made my original post. I am talking about it from an even more abstract POV: the moral point of view. I think turnitin improves the world, and is therefore morally OK. I don't think it hurts anyone, so it is OK. If you reread my original post, you will see that was my *only* point. If it makes you feel any better, I will admit there is a good chance what turnitin is doing is illegal. That doesn't bother me in the least, and I will grudgingly let the idiot lawyers and courts battle that out at a huge cost to the taxpayer. The IP and copyright laws are too broken in the USA to have any sort of moral meaning.

      Our discussion is happening at different levels on this scale:
      http://en.wikipedia.org/wiki/Kohlberg's_stages_of_ moral_development

      BTW, google records what you search and visit even if you don't log in. They still have your IP, so they can weakly attach it to you. There is no way to opt-out, except to not use Google. I am not attacking Google, I also find them to be morally A-OK, I am just trying to use them as a grounded moral benchmark to compare against.

    4. Re:Your argument doesn't support your case. by argent · · Score: 1

      I think turnitin improves the world, and is therefore morally OK.

      And I do not believe the ends justify the means.

      And I do not believe that the means in question are even necessarily required.

      I understand that it is difficult to question people you agree with, with institutions that are doing good and important things, but you have to do it. It's one of the things that makes civilization work. Nobody gets a pass.

      BTW, google records what you search and visit even if you don't log in. They still have your IP, so they can weakly attach it to you. There is no way to opt-out, except to not use Google.

      You can opt out by googling from a public terminal, through a proxy, or from an ISP that NATs your address, or (as you say) not using google... there's no institution demanding you use google as a condition of graduating. You can also opt out from their data collection ahead of time with "robots.txt", or after the fact by notifying them. This was not always true: some years ago when dialup ruled the earth my home system got accidentally spidered by all the major search engines and the resulting attempts to hit my home box instead of my colo blew me off the net. It proved to be very difficult to get in touch with peopl I was lucky, then... I was able to get to a panel at Usenix on search engines and caught most of the principal engineers of these companies and asked them how to get out of their databases. Not all of them were able to do it (Microsoft had distributed a CD with the bogus URL on it), but we were able to get things back on track.

      This kind of thing is HOW appropriate behavior gets worked out. By making mistakes and learning from them. Google is learning.

      If it takes a lawsuit to get their attention, Turnitin isn't.

  126. I think you missed the point. by Kadin2048 · · Score: 1

    Maybe you missed something, or I was unclear, but I was saying that a normalization procedure that doesn't create a lot of competition is a good thing. Somehow, you seem to have read it as the reverse.

    Obviously, a grading schema (such as the "forced curve," which I gave an example of, and I understand used to be pretty common in medical schools) which creates an artificial scarcity of 'A' grades and creates competition between students for them, where they attempt to undermine each other, is bad. It's hugely counterproductive, unless your goal is to turn out sociopaths, and I'd seriously question any educator today who did it. (Unless they were doing it for pedagogical reasons, somehow.)

    But normalizing grades is common, because it helps to compensate for factors outside students' and professors' control; my point was that a good normalization procedure also discourage students from allowing people to cheat off of them, but doesn't create the same sort of cutthroat competition that force-curving does.

    As other people have pointed out, although collaboration is obviously a critically important skill in today's world (and job market), you're not doing anyone any favors when you help someone who's plainly unqualified to get a grade they don't deserve: you're only creating competition for yourself and other qualified people down the road, and you may bring your field (or your alma mater) into disrepute via their shoddy performance later, which could have negative consequences. And you don't really help them in the long run, because they'll probably just end up over their head someday, when what they don't know catches up to them.

    There's a key difference between collaboration and allowing someone who's nothing but dead weight to copy off your answer sheet; in the former case, a team can be greater than the sum of its parts, but in the latter, a solid worker and a cheater are worse than the solid worker by herself.

    --
    "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
  127. What about GPL'd papers? by pwizard2 · · Score: 1

    What if someone does a good job on a paper, and then releases it under the GPL, Creative Commons, or Public Domain?

    Perhaps I should put a disclaimer on my term papers that releases them directly into the public domain. Copy away, I don't care. (it seems hypocritical to me that children are encouraged to share in elementary school and then the same system tries to hammer copyright propaganda into them later)

    --
    "It is a denial of justice not to stretch out a helping hand to the fallen; that is the common right of humanity."
  128. Wrong by Anonymous Coward · · Score: 0

    I just think that they at least need to tie some type of user information into the system.
    A lot of schools consider it plagiarism to submit your own work twice. They consider it plagiarism. So there's a legitimate reason for checking you against your own work. Why your teacher would want to check a rough draft for plagiarism is another issue.
  129. Government can't take your property? by ShaunC · · Score: 0

    the government simply cannot take private property without reimbursement.
    Sure they can; they can even take your private property and give it to a corporation without reimbursement. It's called "eminent domain," and in case you don't recall, the Supreme Court recently affirmed the government's authority to do just that.

    If they don't have a problem handing over 15 private residences to Pfizer, I doubt they'd have any problem reappropriating the contents of college students' essays to Turnitin. It's a brave ne[w|ocon] world we're living in.
    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
    1. Re:Government can't take your property? by Moridin42 · · Score: 2, Informative

      Actually, no. The government in the US can not take without compensation under the umbrella of eminent domain. They must compensate for what they take. Its a Fifth Amendment protection. The recent Supreme Court ruling was merely that "public use" could be "this corporation is going to generate revenues, which we can tax, and thus provide services to the public".

      Of course, given that sort of SCOTUS ruling, receiving a grade may be considered just compensation. I'd call that sort of thing extortion myself, but hey I'm just a student. What do I know.

      --
      I don't expect morality, equality, consistency, or justice from the law. I expect only legality.
    2. Re:Government can't take your property? by schizoid4 · · Score: 1

      If they don't have a problem handing over 15 private residences to Pfizer, I doubt they'd have any problem reappropriating the contents of college students' essays to Turnitin. It's a brave ne[w|ocon] world we're living in.

      It was the liberal judges (Stevens, Breyer, Ginsberg, Souter) and wishy-washy Kennedy who sided with the city. The conservatives (Rhenquist, Scalia, Long Dong) and wishy-washy O'Connor sided with the homeowners.

    3. Re:Government can't take your property? by toddestan · · Score: 1

      It was the liberal judges (Stevens, Breyer, Ginsberg, Souter) and wishy-washy Kennedy who sided with the city. The conservatives (Rhenquist, Scalia, Long Dong) and wishy-washy O'Connor sided with the homeowners.

      In case you haven't noticed, while the neocons like to pretend they are conservatives, they hardly act it. As a matter of fact, they are pretty facist, hence the pro-corporate stance.

  130. That's no golden egg, friend... by argent · · Score: 1

    I would go along with the students, as long as the students pay the RIAA 10^x dollars, where x represent the number of songs in their possession that were not specifically bought on the same media on which the students listen to said music.

    1. I don't know where you live, but in the US it's not against the law to "Rip, Mix, and Burn" your own copies of works... so long as you don't redistribute them. If there was any doubt about that Apple wiped it out in 2002... remember the RIAA whining about their "Rip, Mix, Burn" ad campaign? Remember them in the end conceding that it was legal if you didn't give the CD to someone else?

    2. Your presumption that every college student has copies of music they are not entitled to is odious.

    Before you start pontificating about what's "sauce for the goose", learn to cook.

  131. Requiring the use of Turn-It-In... by lionchild · · Score: 1

    If students successfully sue TurnItIn, this will likely open the road for other students to sue schools and individual professors for contributory-copyright-infringement. I suspect that schools and universities will want to avoid litigation, and either encourage professors to not require it's use, or TurnItIn will offer opt-out path for those who use their service.

    Of course, this is just my feeling on the whole matter.

    --
    Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
  132. Citations by Loconut1389 · · Score: 1

    I have to wonder how Turnitin handles citations/bibliographies (works cited). So I've got a blob in the middle of my paper that is a direct quote from somewhere and so Turnitin flags my paper and I get expelled. Only after fighting the 'never wrong' computer system and the administration do they notice that I properly footnoted and/or cited the 'plagiarized' work.

    Sure thats an exaggeration, but it must be possible. If in an assignment where citations are frequent and/or required, every single cite must be hand verified, then turnitin has no purpose anyway.

  133. Dependent on Google Books by Anonymous Coward · · Score: 0

    This is entirely on Google's Book Search. If the service does not display the paper for review by the instructors, it is fair game. Otherwise, it is theft. Google does not fully display copyright works, same game.

  134. Turnitin EULA _excludes_ papers by MikePlacid · · Score: 1

    Turnitin's EULA really does say: "ALL YOUR COMMUNICATIONS ARE BELONG TO US", but it adds: "excluding any papers submitted"... Look for yourself: http://turnitin.com/static/pdf/Usage_Policy.pdf . Sigh. It's so easy to check, nobody is checking, everyone is talking...

  135. By your argument, research libraries infringe! by Anonymous Coward · · Score: 0

    It sounds like this service requires the student to submit the paper through turn-it-in. Isn't the student giving the service a copy of the paper? It isn't infringing for libraries to take a copy of a book and index it or catalogue it for rapid retrieval from their stacks. How is it suddenly infringing to do the digital equivalent by storing the copy (provided by the student) and indexing it for plagiarism queries? The transformation from input document to database format is not infringing, i.e. a library can cut apart and rebind a book they have received without infringing (or mount individual pages rather than rebind).

    Libraries can even allow people to come in and view the works they store (serially). And they can offer services where a researcher receives queries from the public and digs around in the catalogues and stacks to retrieve information.

    The only point where I see copyright infringement is if they generate a new copy of the work and deliver it along with the plagiarism query result. This would be akin to a library printing new book copies when you check out a book, instead of loaning you their original copy.

    1. Re:By your argument, research libraries infringe! by bkr1_2k · · Score: 1

      It isn't infringing for a library to "catalog or index" a work for retrieval because they aren't storing complete copies (generally). If they do store those copies, it is for public use (non-profit) and also they presumably paid for the original work in the first place.

      The students "gave a copy" to TurnitIn presumably because they were forced to. Being coerced negates most contract negotiations when it comes to the courts. Ask any defense lawyer how many of their client's confessions were not admissable because of police behavior...and that's criminal activity.

      I would guess, though I don't know how Turnitin cites plagiarized works, that Turnitin does in fact send some portion of the plagiarized work back to the professor with the query or how would the professor actually know the work truly was plagiarized? Just citing the work isn't enough to prevent copyright infringement in a case like that, I believe.

      --
      "Growing old is inevitable; growing up is optional."
  136. Signed under duress? by achurch · · Score: 1

    IANAL yadda yadda, of course, but I'm pretty sure that contracts (including EULAs and TOS's) are invalid if signed or otherwise agreed to under duress, among other reasons. If the student is required to submit their work to Turnitin or get a zero on the assignment, wouldn't that count as duress? If so, the students here ought to have a valid argument against Turnitin despite any attempted ass-covering by the latter.

    On the other hand, Turnitin can probably argue back that they weren't the ones causing the duress and so shouldn't get the blame. I doubt that would hold water in the end (they've got to be aware of the fact that some universities require the use of their service--who knows, maybe they even suggested it themselves), but it could make things messy in the meantime.

    1. Re:Signed under duress? by Hognoxious · · Score: 1

      If the student is required to submit their work to Turnitin or get a zero on the assignment, wouldn't that count as duress?
      Is requiring it by noon next Wednesday duress?

      Is requiring it to be written legibly or typed duress?

      Grow up, America.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    2. Re:Signed under duress? by Anonymous Coward · · Score: 0

      If it's not just a single assignment, it's more like, "If you don't give it to them, you don't graduate."

    3. Re:Signed under duress? by achurch · · Score: 1

      Perhaps I should have clarified that I was using the legal meaning of "duress" (in the sense of "not under one's unhindered free will"), not the colloquial meaning of "hardship". If someone signs a contract they would not otherwise sign only because failing to do so would have some adverse effect, then--again, by my non-lawyerly understanding--the contract can in at least some cases be nullified, as it was signed "under duress".

    4. Re:Signed under duress? by Hognoxious · · Score: 1

      If someone signs a contract they would not otherwise sign only because failing to do so would have some adverse effect, then--again, by my non-lawyerly understanding--the contract can in at least some cases be nullified, as it was signed "under duress".
      Tripe. In that case any employment contract is signed under duress - the "adverse consequence" being that if you don't turn up, you don't get paid.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  137. EULA does not require copyright assignment by MikePlacid · · Score: 1
    EVERY STUDENT who has used this service HAS SIGNED AN EULA.

    So? Here's turnitin's EULA: http://turnitin.com/static/pdf/Usage_Policy.pdf. It explicitly excludes submitted papers from the transfer of ownership requirement.

    1. Re:EULA does not require copyright assignment by sim60 · · Score: 1
      And it contains the following paragraph:

      iParadigms respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide iParadigms' Copyright Agent the following information:
      Lovely.
    2. Re:EULA does not require copyright assignment by MontyApollo · · Score: 1

      You don't have to transfer ownership to assign user rights. I use a lot of software, music, videos, etc... every day that I do not own the copyright for.

  138. papers are excluded by MikePlacid · · Score: 1
    You are reading it wrong. See: ...excluding personally identifiable information of students and any papers submitted to the Site

    There is an excellent legal analysis in another paper at turnitin site: http://turnitin.com/static/pdf/us_Legal_Document.p df . They indeed are relying on Fair Use doctrine...

  139. For the record by Anonymous Coward · · Score: 0

    Oakton High school is in Fairfax county. All schools in the county strongly request students to sign the Fairfax County Student Rights and Responsiblities.

    9 years ago I refused to sign this document (though I no longer recall why). This resulted in a weeks worth of lunch time sessions in either my counsler's office or the school security guard's. During this time we discussed my objections and they continually encouraged me to sign. Afterwards the issue was quietly dropped.

    For whatever reasons they wanted me to sign this then, this school years version makes no provisions assigning copyright of student's works to the school system. And this was the only thing we were requested to sign.

  140. Copy Left... ? by Anonymous Coward · · Score: 0

    What if you've copied freely available works and attributed them properly? Could Turnitin's database be degraded if everyone starts quoting creative commons articles, materials, etc etc?

    I completely agree that this is a violation of copyright law when the teacher turns in the homework for a student. I heard on an NPR interview earlier this year that they only store fingerprints of the document and not the document in it's entirety. But I see that as constituting a derivative work. Their fingerprinting algorithm is probably a trade secret. Way outside the bounds of fair use.

    Google books... you can ask to be removed from them. Turnitin, it doesn't sound like you can, they probably don't even know where the original document came from after it's been archived. Plus, imagine if book publishers forced authors to put their material in google books before getting published or receiving royaltees... definitely not the same thing.

  141. But, this isn't about copyright, is it? by popo · · Score: 1

    IANAL, so forgive me if this is obvious to some... but is this covered by copyright?
    Turnitin isn't reprinting the works, or selling the works, which is what
    copyright covers. The works are sitting on their machines in a database. The profit
    being derived isn't from a re-sale of copyrighted work, but from a relational database
    service. This seems to be fair use to me (as much as they'd piss me off if I were still
    a student).

    --
    ------ The best brain training is now totally free : )
    1. Re:But, this isn't about copyright, is it? by Ihlosi · · Score: 1
      The works are sitting on their machines in a database.

      That should be: "Copies of the works are sitting ..."

      The profit being derived isn't from a re-sale of copyrighted work,

      The profit is being derived by using and storing a copy of a copyrighted work.

  142. Are we defending copyright?? by metacell · · Score: 1

    Um, guys, I thought copyright was, like, evil and stuff. Something that only big greedy corporations want to keep. Information wants to be free and stuff.

    1. Re:Are we defending copyright?? by Tassach · · Score: 1

      Information wants to be free and stuff
      Allow me to introduce you to the Creative Commons Attribution-Noncommercial-No Derivative Works license. This, like GPL and all other open-source licenses, derive their power from copyright law. Copyright law is not a Bad Thing, at least not as it was originally intended. The original concept was that the State gives the author a limited monopoly on his or her work, in exchange for that work entering the public domain after a REASONABLE period of time. Seven years, or even twenty, is reasonable. Eternity (on the installment plan, via retroactive extensions) is neither reasonable nor limited.
      --
      Why is it that the proponents of "one nation under God" are so eager to get rid of "liberty and justice for all"?
  143. Implicit Licence? by mikeplokta · · Score: 1

    Their case is actually weaker because they knew what was going to happen -- one could presumably argue that they implicitly licensed their work to be stored and used for that purpose, in the same way as you implicitly license it to be cached by Google if you put it on a website.

  144. Ah, ideal world utopias... how cute by Moraelin · · Score: 4, Insightful

    Ah, ideal world utopias... how cute.

    Let me tell you about those group assignments: _no_ university, college, or polytechnic _ever_ had assignments complex enough and under enough time pressure to actually _require_ cooperation. They're simple stuff doable by average students, who've been given 20x the necessary time for either to do it on his own. A really good student tends to plough through that assignment in an afternoon or two... and usually ends up having to.

    What really happens in those groups is that you end up teamed with various clones of Wally (from the Dilbert comics), who can't be arsed to do _anything_ for the project.

    E.g., take it from experience, in the first year in college I ended up having pretty much my own sidekick, sorta like Batman and Robin. His claim to glory was looking over my shoulder when I was at a computer in the lab. Now I don't think I was some kind of genius, but somehow I ended up with some "the great Moraelin" kinda reputation pretty fast. This guy ended up being "the great Wally" because he was with me all the time, so people _assumed_ some kind of teamwork was involved. It looked like pair programming, I guess, although that guy never actually offered any actual advice or information or ever coded anything for that matter.

    Don't get me wrong, I'm a nerd, so I'll take any kind of popularity or friend, if it's available. I didn't mind having my own fan following around.

    By the time we get our first group assignment, it seemed only natural to pair him with me. After all, everyone could swear that we're already such a great team. Let me tell you, the guy did _nothing_. Admittedly, I did do a stunt and come up with a far more grandiose idea than the professor wanted to give our team. (Hey, I must keep that "the great Moraelin" reputation.) But I asked him to do only some small trivial parts of it, merely token so I can say with a straight face that he did something too. To get an idea, by the end I had reduced it to asking him to write a function that draws two perpendicular lines on the screen. _That_ trivial. He didn't even do that. In fact other than reassuring me that he's working on it and almost ready, he didn't do anything at all. I ended up writing it all by myself.

    The same theme repeated throughout college, even if with different people. I still wonder what had happened to my first sidekick. I think he wasn't around any more by the next year. No problem, I got other sidekicks. I even had a sorta girlfriend based on just doing her assignments too. She never even saw the program when we were teamed for such a group assignment, until we presented it to the professor. Wasn't interested in seeing it either. (And tbh, it didn't bother me much:) Smart girl otherwise, mind you, but, you know, why bother working when someone else can do all your assignments?

    Getting teamed with another guy on another occasion, well, got me another guy pretending to be my best friend. He did at least paint about two pages of flowcharts after the fact, though, before getting bored with that too. In the meantime the "girlfriend" had been teamed up with someone else, but, hey, I got to do their work too, although I wasn't on their team.

    So basically, please spare me the bull about learning to function in a team. I've yet to see even one team in college which actually worked as a team. Invariably it was one "maverick" doing all the work, and a bunch of Wallys doing little more than moral support, if even that.

    Well, ok, so it may be a useful lesson for later. I was reading a study that said that about 3 out of 4 programmers can't actually program, or don't program, and just find some way or another to live as parasites off others. Ranging from "oh, you're my best friend, please help me", to taking all credit and trying to discredit the real worker to the boss, to being the boss's personal pet, to God knows what other creative ways. Yeah, you can get used to that kind of people in those group assignments, but that's about it.

    But even that's not as useful as you may think. Yeah, it taught some of us geeks to be "good team players", meaning: to not mind a Wally just hanging around and taking credit. But it also taught whole generations of Wallys that that's one way to get the job done.

    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:Ah, ideal world utopias... how cute by witte · · Score: 1

      I may be wrong in assuming this, but perhaps you weren't very good at delegating tasks to your team members ? That's a part of teamwork too : finding out who is good at what, and delegating responsibilities accordingly.
      (No flame intended)

    2. Re:Ah, ideal world utopias... how cute by icefaerie · · Score: 1

      I think you're being a bit cynical and concluding something too broad based on your own experience. As a counter anecdote, here's some of my experience which would counter your broad assumptions. Perhaps your situation is just a part of the culture of your particular branch of study.

      I'm a sophomore chemical engineering student, and let me tell you, the majority of us would not be passing our classes if not for teamwork. (And this is at a top university, too.) Our classes are designed to encourage teamwork. Professors regularly encourage group work.

      I almost became a computer science major, but after taking the second CS course, I decided not to. Why? Because no one was interested in teamwork, something that I enjoy. I tried delegating tasks between my partner and me, but my partner often wound up preemptively completing come of the work I was supposed to do, even when I had done it myself. I suspect this was at least partly reaction to the fact that I was mostly intending to be a ChemE, so people didn't think I could code (not true at all), but I wasn't even given a chance.

      In two of my ChemE classes so far, we have actually been required to complete submit problem sets as groups. When we're not, teamwork is the de facto standard anyway. Some of these problems are really quite difficult, and it's not unusual for 20+ students to gather of their own volition to work together and bounce ideas off each other. There are LOTS of phone calls and IMs among the 90 or so of us the night before a problem set is due.

      I'm just suggesting you not make such broad assumptions about every field based on your limited experience.

    3. Re:Ah, ideal world utopias... how cute by hguorbray · · Score: 1

      Amen -I did about a dozen group projects when I went to the local JC in the mid-90's to rev my tech skills and get an AA to offset the fact that I f*cked around in the late 70s and never graduated Uni.

      In 90% of those projects I ended up doing 90% of the work myself for various reasons including:

      1. clueless and/or unmotivated -doing specs for mythical IT upgrade projects and I could barely get people to look up equipment prices on the web for gawdsake. Many of these kids were straight out of highschool and hadn't learned how to do any work on their own, and at the height of the .com boom they were probably expecting to go from a few tech classes to $100k a year (that's what I actually did, but I worked hard and took a LOT of classes)

      2. poor communication/social skills -some group members had weak communication skills -either due to non-native English speaker or lack of education. Many of these people did not want to speak up or contribute because they were shy or embarrased. Unless they could overcome this it would also hamper them in the workplace world.

      The most ironic of these was in the intercultural communications class -a requirement for 4 year transfer which was almost all immigrants and teenagers. Against my will I was made the group leader for exactly the wrong reasons -particularly for this class -I was the older (40s) white male authority figure!!! Talk about un-PC.... But they all said they were too shy and not good enough speakers.

      One of the worst experiences was in a Data Structures class where we broke into groups and gave group presentations -I didn't know the subject very well (leaf-node trees or something) but they made me the leader and then gave me almost nothing to present! The teacher could see that I was getting no help from my group, so even though I sucked I still got a B while the rest of the group got Ds.

      The most positive collaboration was in a 4th level tech writing class where we had to create a newsletter. Although I got stuck as the editor and had to write 60% of the content I still got one article from each of the other participants. Since everyone in this class was at the end of a 2 year program they were pretty dedicated and older, more experienced students who had also worked in the 'real world'. The fact that they had also learned how to write and communicate also helped......

      We also learned about personality types in groups in that class -the cheerleader, the naysayer, etc -which has been very useful since.

      I'm just sayin...

    4. Re:Ah, ideal world utopias... how cute by Anonymous Coward · · Score: 0

      Thanks for the input, Wally.

  145. In older days by mapkinase · · Score: 1

    Students were living in monasteries at dormitories reminding prisons, were beaten up for a tiny disobedience and that produced excellent results. I wish I was punished for every stupid thing I did.

    --
    I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
  146. So what's the threshold? by Z00L00K · · Score: 1
    When I write something, it will undoubtedly contain information from other sources, and it may even be a case of write-up from memory more than a cut&paste.

    The overall issue is probably not that text snippets are cut from existing works, the problem lies in the case that texts from other sources are missing the reference. Omissions may still exists, sometimes they aren't intentional and sometimes it may appear as a copy, but it isn't since the writer happens to write in the same wording as another text has.

    --
    If builders built buildings the way programmers wrote programs, then the first woodpecker would destroy civilization.
  147. My Uni by shish · · Score: 1

    My uni doesn't let you in without signing their terms & conditions; one of which is approximately "all your work are belong to us". Don't most places do this?

    --
    I mod down anyone who says "I will be modded down for this", regardless of the rest of their comment
  148. Do the students really have right to copyright? by Anonymous Coward · · Score: 0

    It is well known that any work created for an employer by an employee

    including

    essays, spreadsheets, databases, letters, templates, emails, software codings etc

    All copyright and ownership is forfeited to their employer.

    Students created these works to appease their school,

    i would say that means the copyright belongs to the school.

  149. Bzzzt! Wrong answer! by anomaly · · Score: 4, Interesting

    I'm a hiring manager in a Fortune 500 company.

    Yes, we expect a degree, unless you're so incredibly smart that you can produce without one. (And almost all of you who think that you are that smart are simply wrong. Formal education tends to give you the foundation on which all technology is built, and it's rare to find someone who 'gets it' without going to college.)

    No, we DO NOT CARE where you went to school, as long as it's accredited. What we care about is:
    a) Can you do the technical work we need done?

    b) Can you communicate clearly? (Orally and in writing.)

    c) Are you decently groomed? (So that others are not made uncomfortable by your appearance.)

    d) Do you know when to SHUT UP? (Being right about a technical issue is nice, but just because you are right you don't have the freedom to tell people they are idiots.)

    e) Can you see the big picture? (Sometimes there is considerable business value in building something other than the "perfect" solution, and we want to be able to pay you to build something technically "lame" because it's the best way for us to make more money.)

    f) Are you a leader in your chosen field? Are you willing to learn leadership in a broader sense?

    We can always hire someone who knows how to flip bits. We are looking for people who can flip bits and be tolerable to be around. There are plenty of technically competent jerks who think they know it all. We'll let others have them, and we'll hire the people who are smart in more than one area.

    The key is turning brainpower into systems and applications that make the company cheaper to run or facilitate making more money. That's what we care about. We don't care where your parchment came from.

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
  150. "Sorta" your girlfriend by Anonymous Coward · · Score: 0

    Dude, trust me. She's not your girlfriend until she will put your dick in at least 2 of her orifaces. If she just hangs out with you, she's just a pal.

    1. Re:"Sorta" your girlfriend by Anonymous Coward · · Score: 0

      Do ears count?

  151. yhbt, hard by wiredog · · Score: 1

    You bit, too. He's comparing the students to the MPAA/RIAA...

  152. fair use and parts of works by DriveDog · · Score: 1

    Some people will do anything for a buck, and then defend whatever sleaziness it entails. I bet these guys' parents work for Macrovision. Not that I think plagiarists should get away with it. Unfortunately, those with the means can just buy a term paper rather than copy one. Where's the Gestapo cracking down on that business? GWB paid them off? Or is that another service offered by the paper-copying detectives? It would make sense, profit-wise, to lower the boom on copying, drive more cheaters to buy papers, and then sell to them.

    I suspect that such a "service" as TurnItIn would fair better claiming fair use if they merely kept bits and pieces of works submitted for future comparison than if they used the whole documents. Still sounds like shaky ground, if my understanding of fair use is reasonably accurate.

  153. TurnItIn in the UK by izy_t · · Score: 0

    I'm in a rather similar situation with TurnItIn in the UK. My university policy on IP reads:

    "The ownership of IP created by a student, who is not an employee of the University, is with the Student. "

    However, upon submitting a recent paper (ironically on Ethical Frameworks) I was email a TurnItIn report generated from the submission of my essay. Although I appreciated receiving the report, I had not been informed that our work would be submitted, nor had I granted permission for the University to pass my work to a third party.

    I'm yet to get an answer as to why this happened. It seems the argument so far is that although they may be acting unethically, it's the best way to improve the image Universities handling of plagiarism. I think its sad that its come to this.

  154. Re:Bzzzt! Wrong answer! by onepoint · · Score: 1

    >>Can you see the big picture? (Sometimes there is considerable business value in building something other than the "perfect" solution, and we want to be able to pay you to build something technically "lame" because it's the best way for us to make more money.)

    this is sooo true, I am asked to consult a heck of a lot of times to very important people, that run big companies but have the computer skills of 1980. my solutions are often what you say, " not perfect: just working correctly " that lead to basic results that they want. What I do ask them to do is to make a solid foundation to work off of.

    good example of this is the UGLY site. most company web sites have only a few goals - that is
    a) Branding,
    B) Lead generation,
    C) Information

    branding sites are a pain, since you need to consult marketing and creative and they are generally very slow ( take a look at any top end watch makers site ) very pretty

    lead generation sites are easy since it's a light marketing and get the visitor to fill out the form. ugly colors and the person just fills the form and leaves

    Information sites are somewhat easy, just a solid design with good logic flow makes it wonderful. ( Google, Granger's catalog ) color wheel usage and clean.

    --
    if you see me, smile and say hello.
  155. Implicit Agreement by scruffy · · Score: 1
    When you take a course, you implicitly agree to the teacher's method for grading. Because you turn it your work to the teacher, the teacher then has wide scope for performing the grading. Yes, turnitin receives and keeps a copy, but it is easily arguable that this makes the grading fairer, not perfect, but fairer. This is a substantial benefit for making a single copy.

    To say that the teacher cannot make any copies of the work seems drastic to me. Can't the teacher keep previous copies and perhaps check plagarism of current classes against previous classes? Can't a group of teachers teaching the same course combine their copies to check plagarism? If the teacher can do that, turnitin does not seem a big step.

    Furthermore, turnitin does not sell or further distribute copies of the student's work, so this does not affect future sales of the work. The loss of sales is probably the most important factor in a fair use argument.

  156. What? by alexgieg · · Score: 1

    Let me get this straight. Some students, very concerned about their works being copied without their consent, are trying to the best of their efforts to remove said works from a service that prevents them from being copied without their consent. Yeah, that makes perfect sense.

    I don't know on which classes these guys are "A-grade", but whatever these are, Logics 101 isn't among them.

    --
    Conservatism: (n.) love of the existing evils. Liberalism: (n.) desire to substitute new evils for the existing ones.
  157. Good use for Subversion by Dareth · · Score: 1

    If I ever go back to school, I will give access to my Subversion repository to my professor so she can see all my drafts and revisions.

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
  158. So *now* Slashdot cares about copyright by paranode · · Score: 1

    Go figure!

  159. Re:Bzzzt! Wrong answer! by Anonymous Coward · · Score: 0

    Yes, we expect a degree, unless you're so incredibly smart that you can produce without one. (And almost all of you who think that you are that smart are simply wrong. Formal education tends to give you the foundation on which all technology is built, and it's rare to find someone who 'gets it' without going to college.)

    and...

    No, we DO NOT CARE where you went to school, as long as it's accredited.

    and...

    We don't care where your parchment came from.

    equals no sense. I'm surprised you even submitted this twisted logic.

    Hi. I'm one of those engineers who chose not to go to school and still pulls down 6 figures (and I'm incredibly lazy). I must not be too stupid, because I am offered every job I interview for (a 10 year streak). I have worked with engineers boasting very high profile degrees (including a Stanford guy who though writing his own hash table in C made him a god but couldn't find his way around the STL without a map and 3 other people), and I've worked with other hacks like myself who simply had a passion and chased it. Let me tell ya... the formally educated guys hit brick walls FAR sooner than the rest of us. To me, the reason is obvious. If it's not so obvious to you, then consider this an exercise in climbing out of boxes.

    Don't project your own shortcomings (perceived or otherwise) onto other people. Most of those engineers who, according to you, think they get it but really don't could probably run rings around you and your fancy pedigree. Why don't they? Stop slamming the door in their faces and find out.

    Cheers.

    P.S. While you are at it, see if you can do something about that chip on your shoulder.

  160. No spelling errors allowed! by Dareth · · Score: 1

    such as when a student suddenly starts spelling words correctly they have never spelled right all semester,

    Your wife must work at a very relaxed University. A single spelling error in an English paper would result in a maximum grade of 59% where I went to school.

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
    1. Re:No spelling errors allowed! by mrbooze · · Score: 1

      I have other friends who teach at universities in addition to my wife. They're not even *allowed* to base grades on things like spelling/grammar because they are not teaching english/writing classes. Yes, I'm serious. (These are at big US state universities.)

  161. No, the orignal source... by Dareth · · Score: 1

    He needs the original source, the one Ben Franklin plagiarized it from.

    Don't believe dear old Ben ever plagurized anything? Try this http://www.chiasmus.com/mastersofchiasmus/franklin .shtml
    for starters.

    --

    I only look human.
    My mother is a halfling and my dad is an ogre, so that makes me an Ogreling
    1. Re:No, the orignal source... by RM6f9 · · Score: 1

      Perhaps you could forward your correction along to UCLA's law school...

      --
      Take the 90-Day Challenge! http://rwmurker.bodybyvi.com/
  162. Would not work by Slashdot+Parent · · Score: 1

    Now, what I think will happen, is that Turnitin will advise its clients (schools, universities, etc.) that in order to use the service, they must obtain a release from students that includes permission to upload the files. This way, they'll just offload the responsibility for copyright infringement off on the schools, who will just force students to release their work, or refuse to give them a grade.
    This won't be able to happen. Not in high school, anyhow.

    First of all, if you're under 18, you can't enter into an enforceable agreement. You can sign whatever you want and nullify it after the fact, so TurnItIn wouldn't be able to rely on agreements that they made with students.

    What the school really would need to do is obtain the parents' permission. This is also problematic for the following reasons:
    1. Signing would be under duress. Child must attend school to not violate truancy laws, parent must sign document for child to attend school. That sounds like duress to me. "Sign this under threat of jail time." Yup, definitely duress.
    2. Getting things from parents is a pain in the neck. Remember, not all families are 2 parents with the mom staying home to raise the kids, house in the suburbs with a white picket fence, 1 dog and 2.2 kids (I'd hate to be the fractional child). In real life, parents divorce, have joint custody, fight, bicker, and use the children as weapons. What if one parent signs and the other custodial parent refuses? What happens when the refusing parent sues the spouse and drags the school into the lawsuit? Really, this is something that schools will not want to get involved with.
    Really, I think TurnItIn is in hot water here.
    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  163. Student to TurnItIn by Slashdot+Parent · · Score: 1

    Student to TurnItIn: "ALL YOUR AGREEMENT ARE NULL AND VOID. I'M UNDER 18, DIPSHIT."

    lower case letters to get past lameness filter...lower case letters to get past lameness filter...lower case letters to get past lameness filter...lower case letters to get past lameness filter...lower case letters to get past lameness filter...

    --
    They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
  164. Thanks for the explanation by Geof · · Score: 1

    Thank you. Those rates do sound pretty high, especially the rate of cheating on exams. (Copying homework assignments doesn't surprise me, especially for math and sciences.) Am I right in supposing that an "honor code" school is one in which students are expected to sign on to a code of conduct, or is that a specific program in the U.S.?

    1. Re:Thanks for the explanation by CheshireCatCO · · Score: 1

      I believe to be considered an "honor code" school, there not only has to be a school-wide procedure for dealing with allegations of cheating, students also have to be required to turn each other in if they witness cheating. Signing an honor pledge is not sufficient, at least by most definitions.

  165. Re:Bzzzt! Wrong answer! by shaitand · · Score: 1

    Tech workers are grunts, we are talking about succeeding in life. That's great for a tech job where X skill is required to fill holes of Y type. But tech does not cover most of the world and definately not most of the jobs. There are only so many tech jobs to be had. How about in business, counciling, law, psychiatry, medicine?

    Say you are a VC looking for a new startup CEO. What do you think the odds are of you hiring a guy with a masters from the University of Pheonix? The only way it would happen is if he was a self-made billionaire.

    There can only be so many CEO's and so many avenues to success. It's okay that not everyone can succeed. What isn't okay is that the avenue that leads to success requires a either a golden ticket and a little luck or nothing but luck. Some of us actually want it to take hard work, forethought, and a little luck.

  166. Re: Copyright on University Work by McLuhanesque · · Score: 1

    I don't know where you go to school, but I own the copyrights to all my papers, master's thesis and the PhD thesis that I'm wrapping up (soon... very, very soon...) In fact, the standard form of the thesis cover sheet includes my copyright, plus a release form to allow the university to publish it in Dissertation Abstracts, and the National Library Archives. I have published several of my essays as articles in scholarly journals and the copyright is either assigned (yuck) or licensed (better).

    The intellectual property rights to certain inventions that are funded by public research money or departmental grants is another matter altogether that goes to patentability and future licensing rights for inventions, but this discussion is about copyright.

  167. Please tell me how, then :) by Moraelin · · Score: 1

    I may be wrong in assuming this, but perhaps you weren't very good at delegating tasks to your team members ? That's a part of teamwork too : finding out who is good at what, and delegating responsibilities accordingly.
    (No flame intended)

    None taken. I _know_ I'm no good at managing anyone, but then that's why I didn't go to a management school. It's one of the first things I tell my employer too.

    Still, you've piqued my interest. So also not as a flame or anything, just out of genuine curiosity, how should I have went about delegating to, say, my first "sidekick"?

    The story is a fairly straightforward one. It started with mostly "ok, so which part do you want to start with?" Ok, so he wants to do the part that plots the graphs. Sure. (I don't think I fucked up _too_ hard so far. After all, whole methodologies, e.g. Extreme Programming, involve people choosing which part they think they need next or would like to do next. But then I may be wrong.)

    Some time goes by and I'm getting only hot air from him. "Yeah, I'm working on it" and "yeah, it's almost ready, I just need another week to debug something" and the like. He doesn't want to show me the supposed work so far either, when I offer to help him debug it.

    So it gets split down further. "Ok, how about drawing the X and Y axes for that graph? Might as well start with that, just so we have _something_ to show the prof. We can tweak and polish the actual graph drawing afterwards, as time allows." Ok, good idea, he says, he'll get to that ASAP. We're one month before the deadline by now, so it would be high time.

    Let's also say at this point that it's such a bloody trivial task, I'd expect anyone to say, "sure, lemme at the keyboard for 5 minutes." I mean, even if you make it configurable to draw extra lines at the hundreds, or logarithmic ticks, and whatever else you can possibly think of, it has no excuse to take more than half an hour tops. It's just bloody trivial, really.

    Time goes by, I'm getting more reassuring that he's working on it, he's debugging it, etc. (Hello? For a task that trivial?) A week before the deadline I'm already getting, understandably, impatient. I had had the foresight to do the rest of the graph drawing functions myself in that time, though, so I'm really just waiting for his drawing the bloody X and Y axes. Still, it would be high time to actually get those and see to fitting them into the rest of the program, you know?

    I manage to squeeze an, "Oh, I'm just debugging the drawing the ticks and units along the axes, otherwise it's almost ready," out of him. Fine, I say, we can draw just the two lines for now, I'm sure we can smoke the prof as to why there are no numbers and ticks on them. You know, just a vertical line and a horizontal line. How trivial is _that_?

    Again, I'd expect a, "sure, lemme at the keyboard for 5 minutes." I mean, ffs, it's only 2 lines, right? I get an, "ok, I'll get right to it." Inquiries in the next days get me more "I'm working on it" and "I'm just debugging it" bullshit. Frankly, I can't imagine anyone spending a week working hard on _that_ task.

    A day before the deadline I give up and do that part too, in all its "glory". I.e., with ticks and numbers and everything. Not that it's anything to brag about, really, since you can see how trivial a task _that_ is.

    So, umm, what would you advise me to do in _that_ situation?

    Bear in mind that I'm not his boss or anything at that point, so it's not like I can fire him for loafing around. So how would I convince him to start working? Beg? Whine? Bribe him? Suck his cock? Sorry about the obscenity, but, just for extreme example sake, I'm doubting that even _that_ would have motivated him.

    Should I basically ruin my own grades and reputation by taking the hard line and just waiting for the work that he blatantly hasn't even started? Give up and go to the prof and say I don't want to work with "the great Wally" any more? Even the professor doesn

    --
    A polar bear is a cartesian bear after a coordinate transform.
    1. Re:Please tell me how, then :) by witte · · Score: 1

      Ok, I'll bite :)

      I work in IT as well. I see three problems with the experiences you describe :
      - bad choice of partner
      - follow up (two people team = little peer-pressure, + no balanced planning)
      - people skills

      I'll try to generalize this, because speculating on specific situations like the example you describe will get us nowhere fast.

      (Longwinded incoherent babbling follows)

      Don't be happy with just anybody. (If I have to be honest, in your original post the way you describe how you kept doing that girl's work, I suspected you were going for mod Sarcasm +1 or something; this is slashdot after all...)
      I agree that in school you don't often get to pick your buddy in team assignments. But don't be a pushover either. People like that blackmail you with your own grades to do the work that they should be doing for both of you. Don't fall for it and confront them and confront the situation.
      It's a bartering situation, and they need you a lot more than you need them. (Except maybe for company and affection ? - not meant as a joke; but even then, who needs friends like that anyway ?)

      Unfortunately, I recognize your anecdotes very well. (Don't throw up on the next paragraph, I know it may sound like management bullshit from an eighties self-improvement tape. It's experience I picked up along the way.)
      People are lazy by nature, or at least, most of them are. I am. Most of the people you get to work with are not over-achievers. Good follow-up and cultivating team spirit can coax these people out of lazy behaviour and motivate them to snap out of their lethargy for a while and show some initiative. Also, everybody likes to be appreciated for what they do. In general, most really good developers/techies/... are not very good at social skills, for example showing appreciation when something gets done right, or even almost right. It motivates people.

      It's like working with kids sometimes, or even training dogs. (At least kids still have an open mind...) Be in charge of the situation, or it's the other way around.
      But you must *always* treat people with respect. If you don't treat your colleagues with respect, then to them you are just an asshole with a problem, and it's not their problem. (Leading by example etc)

      By giving in and doing progressively more tasks that were originally assigned (usurped?) by you, you give a signal to them that it's fine to slack, since "hey it's cool to slack off and postpone, Moraelin will do it anyway". You do not want to nourish that idea or reward it.

      Follow up in combination with a planning + task delegation is important as well. In professional environments, regular project meetings with short agendas work wonders. They break the work down in manageable pieces, which have the pleasant side effect of keeping everybody motivated because of the "1000 small victories is more fun than 1 orgastic finish" meme. (hint : software is never 100% finished) This is a nice carrot.
      Besides, those slacking off will be recognized as such because they have little progress to show, and they will feel the peer pressure, which is a good "stick".

      This is a good basis to keep a team self-organized.

      To get back to your question : how do I deal with a slacker in a two person team ?
      Sticks and carrots :)
      Part of it is motivating people. Some people need a little kickstart to get going, and regular refueling.
      The "stick" part is about pressure. This is also the hardest one to do right.
      If people don't improve after you show your disappointment, then they are of little use to a common effort, and to you as a buddy.
      Get rid of them when they weigh you down. Don't tolerate dead weight on your team if it can be avoided.

      In general, don't go over people's head until you confronted them with the issues a few times; then you can talk to a superior. Most shops I worked had regular evalution talks with a superior. That is a good time to mention trouble with specific colleagues. Lacki

    2. Re:Please tell me how, then :) by witte · · Score: 1

      After reviewing my post, I noticed my somewhat patronizing tone. Sorry about that.

    3. Re:Please tell me how, then :) by Moraelin · · Score: 1
      If I have to be honest, in your original post the way you describe how you kept doing that girl's work, I suspected you were going for mod Sarcasm +1 or something; this is slashdot after all...

      Well, you have to understand that (A) it wasn't a big effort, and (B) hey, I got to hang out with a cute redhead :P, and (C) in retrospect it's also what you were saying about the carrot. You know, showing off, seeing some recognition, that kinda thing.

      Well, ok, now it's a bit of sarcasm. I never actually had much of an illusion that it was actually a "girlfriend", but more of a case of A and C. Or maybe she was good at delegating all the work.

      By giving in and doing progressively more tasks that were originally assigned (usurped?) by you, you give a signal to them that it's fine to slack, since "hey it's cool to slack off and postpone, Moraelin will do it anyway". You do not want to nourish that idea or reward it.


      I'll aggree that it's a bad idea, but... on the other hand, I do know enough people who got to tell the professor "umm, we're not ready" because they didn't.
      --
      A polar bear is a cartesian bear after a coordinate transform.
  168. 4th... by tate-o · · Score: 1

    wow, I hope you feel better. You know, there are real people at the other end of these intertube-thingies.

    1. Re:4th... by gonzo67 · · Score: 1

      I could have simply said RTFA, but that would not have addressed the idiocy of the person's post. I also noted that the flames were on at the beginning.....you could have not read past the warning if you were sensitive. If you had no clue what was meant by "flames on" then perhaps you should be more careful wandering around the internets tubes by yourself.

  169. Fair point by Moraelin · · Score: 1

    Duly noted, I was only talking about my own field, not yours. I thought that much was obvious, though in retrospect it wasn't. I really should have made it clear.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  170. Beg pardon? by anomaly · · Score: 1

    I don't know what you're talking about. I said "almost all of you who think that you are that smart are simply wrong." You may be one of the exceptions to that rule.

    I have no idea what you mean when you suggest that the three statements from my original post constitute "twisted logic" They all seem consistent to me... Can you clarify?

    I have no fancy pedigree. I'm from a lower-middle-class family, I went to a liberal arts college you've never heard of, and I worked my butt off to get where I am.

    Chip on *my* shoulder? Perhaps you're looking at the wrong person's shoulder....

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
  171. Every paper by Anonymous Coward · · Score: 0

    What if someone took a whole lot of information from many different sources and collected them in such a way that even turnitin would not be able to detect that it was "stolen" from somewhere? Isn't that called A PAPER?

  172. Just as an extra point, though by Moraelin · · Score: 1

    Just as an extra point, though, you don't need to assume that someone necessarily doubted your coding skills.

    A lot of people ending up majoring in anything even remotely computer-related, (A) love to code cool stuff, hence don't really need more reasons to write your part of the code too, and (B) well, don't really need help to solve most college assignments. Those college assignments are generally designed to be at the level of someone who's only now learning that trade in college, not for the level of someone who was doing that kind of stuff, at that level, 4 years ago.

    If you will, think getting one of those chemistry engineering problems... when you've been doing that, and more complex stuff, even before high school. I'm sure you're dealing with problems far more complex than that, but for the sake of giving a simple example, think being asked to solve getting salt from HCl and natrium. I'm sure you wouldn't really set up a whole group and delegate parts of it, when it's actually less effort to just solve it by yourself.

    For some of us those college assignments were really _that_ trivial. Even if you don't already know the exact algorithm, chances are a short search or a trip to the library are all it takes. But they didn't even need that, they just needed at most having a look through the lecture notes. We're not exactly talking post-grad school there, so they didn't ask anyone to research new stuff, they just wanted to see us able to apply whatever techniques or algorithms or formulas they already taught us. And, again, which a lot of us already knew anyway.

    Part of the problem there is, well, the massive disparities in previous experience and skill level between students. If you give homework that would require major research and collaboration for a die-hard geek, you've buried everyone else alive.

    I would assume that chemistry has somewhat less of that problem. I would assume there aren't many who've been spending 40+ hours a week doing biochemistry and chemical engineering for fun since they were 12. (But then, it's a wild assumption and I might be wrong.) So it would probably be somewhat easier to gauge the difficulty of a problem so it's challenging for a broader slice of students.

    --
    A polar bear is a cartesian bear after a coordinate transform.
  173. It's not luck by anomaly · · Score: 1

    Say you are a VC looking for a new startup CEO
    VCs don't hire techies to CEO startups. You want to "make it big?" Be the tech brains behind a startup, and let the VCs pay you big bucks to make your great idea the Next Big Thing!

    What isn't okay is that the avenue that leads to success requires a either a golden ticket and a little luck or nothing but luck.
    I'm from a middle class family. I worked hard and played by the rules. I paid my way through college with a part time job, loans and government grants.

    Today I'm leading a team of Java developers for a Fortune 500 company. I'm making decent money, and I have time for my wife and kids because I don't travel for work, and I don't work crazy overtime, either. As far as I'm concerned, I'm successful, and while there is something to be said for knowing the right people, and for being in the right place at the right time, that's not all it takes to be a success.

    "When Opportunity knocks, it's too late to prepare." (John Maxwell)

    If you know someone and get in a job, but have not prepared through hard work, you will quickly fail.

    "The harder I work, the luckier I get." Samuel Goldwyn

    So.... get lucky! :)

    --
    But Herr Heisenberg, how does the electron know when I'm looking?
    1. Re:It's not luck by shaitand · · Score: 1

      'VCs don't hire techies to CEO startups. You want to "make it big?" Be the tech brains behind a startup, and let the VCs pay you big bucks to make your great idea the Next Big Thing!'

      Why do you keep talking about techies? Who said anything about techies?

      'I'm from a middle class family. I worked hard and played by the rules. I paid my way through college with a part time job, loans and government grants.

      Today I'm leading a team of Java developers for a Fortune 500 company. I'm making decent money, and I have time for my wife and kids because I don't travel for work, and I don't work crazy overtime, either. As far as I'm concerned, I'm successful, and while there is something to be said for knowing the right people, and for being in the right place at the right time, that's not all it takes to be a success.'

      Then you are a typical corporate slave. My measure of success requires calling your own shots, not merely having people beneath you. Management level but still another corporate slave. How many slaves on the same level of management are there? How many hard working college grads in the country? There aren't even enough corporate slave positions to accommodate a 10th of the grads.

      'while there is something to be said for knowing the right people, and for being in the right place at the right time, that's not all it takes to be a success.'

      Of course not, but the rest is hard work and preparation. There are millions of bright people doing the hard work and preparation. If you think they all succeed you are deluding yourself. No matter how hard working or bright you are, there is someone else who is brighter and working harder. What is the difference between your success and their failure? You either knew people or got lucky.

  174. Who calls their own shots? by anomaly · · Score: 1

    My measure of success requires calling your own shots
    Who gets to call their own shots? Do you really think that even Warren Buffett or Bill Gates gets to "call his own shots?" They both have great accountability to others. Even Larry Ellison, who is least concerned with what others think of him is ultimately accountable to the board and stockholders.

    If you own your own business, then you are accountable to your customers and suppliers. No one gets free lunch.

    We're all trading time for money. Based on your definition, I guess we're all slaves. The way I see it I'm making a calculated trade which is quite favorable compared to other options. If that makes me a slave, I'm one with lots of choice about the type of slavery I'm in, and with little labor compared to the income my "owner" allows me to have. Frankly, I think your definition cheapens the term.

    Is "calling your own shots" the entirety of your definition of success?

    Sure I knew people, sure I was "lucky." The harder I work, the luckier I get! Part of working hard is building relationships with others. These relationships increase the chance that I will "know someone" or be "lucky."

    Yes there are smarter people, and people who "work harder" than me. If they are focused on working hard on things that are not valued by the economy, they will have less financial reward than I have. Digging holes is hard work, but no one is going to pay anyone $500K/yr to dig holes with a shovel.

    In my world, there's plenty of opportunity to go around. It's not that there's one fixed-size pie which is sliced thinner and thinner when more people arrive. There's plenty of pie for everyone.

    --
    But Herr Heisenberg, how does the electron know when I'm looking?