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A Teacher Asking Students To Destroy Notes?

zwei2stein writes "I found this question with far-reaching implications in the off-topic section of a forum I frequent: 'My economics teacher is forcing us to give up all of our work for the semester. Every page of notes and paper must be turned over to her to be destroyed to prevent future students from copying it. My binder was in my backpack, and she went into my backpack to take it. Is that legal?' Besides the issue with private property invasion, which was the trigger of that post, there is much more important question: Can a teacher ask a student not to retain knowledge? How does IP law relate to teaching and sharing knowledge? Whose property are those notes?"

35 of 931 comments (clear)

  1. Notes? by nametaken · · Score: 5, Insightful

    You wrote them? They belong to you.

    1. Re:Notes? by unlametheweak · · Score: 5, Insightful

      School used to be so much easier and less complicated before the RIAA started influencing things.

    2. Re:Notes? by burris · · Score: 5, Informative

      If the copy was lawfully made (i.e. with permission of the Copyright holder) then it belongs to the person who owns the piece of paper. The Copyright holder can't demand that they return it, destroy it, not sell it, etc... It's called the "Doctrine of First Sale." You don't need a license to "use" your own legit copy of anything, with some exceptions for creation of derivate works, public performance to people not in the presence of the physical copy, rental of software, and a few others.

      The teacher can only achieve the desired outcome by entering into an agreement (i.e. a Contract) with the students beforehand that all copies of the notes will be turned at the end of the semester. In other words, there's nothing in Copyright law that gives the Teacher the right demand the students return their notes, even if they copied them from the teacher with his permission.

    3. Re:Notes? by burris · · Score: 5, Informative

      Works of authorship become protected by Copyright as soon as they are fixed in a tangible medium of expression. A Copyright notice is not necessary anymore. However, it is a good idea since it establishes authorship and date of authorship, and reduces the possibility that someone might innocently believe the work is not protected.

    4. Re:Notes? by ushering05401 · · Score: 5, Insightful

      Neither cheating or plagiarism will be impacted because only the honest students will turn in their only copy of the notes.

    5. Re:Notes? by gnasher719 · · Score: 5, Insightful

      Neither cheating or plagiarism will be impacted because only the honest students will turn in their only copy of the notes

      What do you mean there? Not "honest students", but "stupid students". The teacher has no right whatsoever to these notes. A good student will keep his notes and refer to them in the future when necessary, for example when he or she needs the information later in their professional life. That's what school is for, to teach you knowledge that you can use throughout your life. If you return or destroy those notes, that is completely defeating the purpose of education.

      And if you borrow these notes to someone else to learn from them? Well, that is the purpose of education, isn't it? To make people learn. So if in the next year, some student goes to that teachers class and doesn't understand something, isn't it the best thing that student can do to get someone's notes and learn on their own accord what they missed in class?

      Besides that, anyone turning in their notes to an _economy_ teacher proves that they didn't understand the basics of copyright law and property law. Instant fail of the course, if you ask me.

      Besides that, does that article give you a clue why Europeans are either laughing their heads off or throwing up when Americans claim they live in the "freeest of all countries"?

    6. Re:Notes? by rpillala · · Score: 5, Insightful

      I would go further and say not stupid but compliant. Students are becoming more and more compliant. It makes my job easier in some cases, but blind obedience to authority doesn't really mesh with my subject matter (mathematics.) It takes fully half the year before students understand that things aren't true just because I said they are.

      Kids are still rebellious, to be sure, but they express their rebellion in stupid, unimportant ways like abusing drugs and alcohol or using the "wrong" words that they know adults don't want them to say. I'd much rather they rebelled by not accepting statements without proof.

      In my opinion, the schools' function of teaching kids to respect authority is at fault because alongside this they need to learn to detect authority. Anyone can be handed a title that they don't deserve. Authority is earned.

      --
      When the axe came to the forest, the trees said, "Look out - the handle was once one of us."
    7. Re:Notes? by kperson · · Score: 5, Funny

      Besides that, does that article give you a clue why Europeans are either laughing their heads off or throwing up when Americans claim they live in the "freeest of all countries"?

      That's why I hate Europe. Heads popping off all the time, and vomit everywhere.

    8. Re:Notes? by lazlo · · Score: 5, Funny

      You know, it would be kind of amusing to offer a trade. When the teacher asks for the notes, say "I will trade you my notes for a signed statement affirming your assertion that nothing you have taught any of your students will ever be of use to any of them for the rest of their lives and that your entire professional career has been a meaningless sham. If you want to add an addendum about how you are a charlatan and scam artist, you are free to do so."

      --
      Pound! Bang! Bin! Bash! is this a shell script or a Batman comic?
    9. Re:Notes? by Stiletto · · Score: 5, Insightful

      I would go further and say not stupid but compliant. Students are becoming more and more compliant.

      Well what do you expect?

      From the moment they entered primary school 15 years ago, they have been under the boot of a "one-strike" "zero-tolerance" public school system that rewards blind obedience and conformity and punishes individuality and critical though. They've walked through metal detectors every weekday of their lives. They have been subject to the threat of daily, random searches of their person and locker. They know that if they even hint that they are not going to follow their arbitrarily assigned authority figures' arbitrary rules to the letter, they will be disciplined, and that discipline record will prevent them from succeeding in the future.

      You expect these people to all of a sudden become curious, critical thinking citizens???

    10. Re:Notes? by couchslug · · Score: 5, Insightful

      "A copying machine will do fine!"

      A scanner will do even better. If a teacher tried that shit with me I'd spend the time to type the notes (redacting anything that might refelect my style) and ensure they spread widely. I would instantly lie when asked for the notes, either that I didn't have them or that they were mixed with unrelated info.

      It is OK to lie to enemies, so be ready and be convincing.
      Friends deserve the truth, courts command it, but opponents should be defeated. The teacher removed any moral obligation to respect her when she demanded the notes.

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    11. Re:Notes? by commodore64_love · · Score: 5, Informative

      P.S. Found a reference - http://en.wikipedia.org/wiki/United_States_v._Martinez-Fuerte

      "We have held that checkpoint searches are constitutional only if justified by consent or probable cause to search....And our holding today is limited to the type of stops described in this opinion. -[A]ny further detention...must be based on consent or probable cause." i.e. Without probable cause, like noises coming from the trunk, the homeland security checkpoints that are randomly placed in certain states may NOT search your car.

      Here's a useful resource:
      https://www.checkpointusa.org/blog/

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    12. Re:Notes? by ScrewMaster · · Score: 5, Insightful

      You expect these people to all of a sudden become curious, critical thinking citizens???

      I agree. I went through high school in the mid-seventies, and it was an entirely different ball game. For example, I managed to acquire passwords to just about every active account on the school's mainframe: I didn't do anything with that information and I eventually pointed out to the administration that they needed to fix a few things (Good Samaritan-style: it would be too risky to tell anyone about a security flaw nowadays, they'd call the FBI on you.) So, I got in a small amount of trouble (they called my parents), but they fixed the problem and that was that. If I were in high school in present times ... hell. I'd have been up on terrorism charges at age 17.

      Still, it's all in the same vein: teachers/administrators want extraordinary powers in order to make their jobs easier, law enforcement wants extraordinary powers to make their jobs easier, copyright holders want extraordinary powers in order to make their jobs easier ... the list goes on. Nobody is willing to just deal with the fact that some things are legitimately difficult and that it's better for all that they be left that way.

      Also, some people honestly believe that if they just make the system harsh enough, make punishments severe enough, people will stop doing things that the powers-that-are don't want them to. In reality, of course, all they're doing is training a generation of people that have no respect for authority, because that authority doesn't respect them. Two-way street and all that.

      --
      The higher the technology, the sharper that two-edged sword.
  2. File a police report _now_. by NNKK · · Score: 5, Insightful

    This is called theft, there is no other word for it. File a police report immediately.

    1. Re:File a police report _now_. by cerberusss · · Score: 5, Insightful

      I always had run-ins with teachers because I thought they were being unfair or something. Until I realized that things would work smoother for myself if I just assumed I lived in a tyranny and I'd have to work hard to be able to escape it as soon as possible.

      Your advice is not going to make things simpler for the topic starter. Best is to question the situation politely and in firm terms. If no response happens, leave it the hell alone and get the hell out as soon as possible.

      --
      8 of 13 people found this answer helpful. Did you?
    2. Re:File a police report _now_. by Elrond,+Duke+of+URL · · Score: 5, Insightful

      This is probably really good advice, as cynical as it is. The truth of the matter is, freedom is one dead dog.

      Yes, it is cynical, and a very defeatist attitude. Not to sound naive, but freedom is only as dead as you let it become.

      Of course you're not going to single handedly stem the tide of wrong, but if you don't do anything at all, what good is that? As one of the other posts above said, you must be assertive in protecting your rights and freedoms, but not necessarily aggressive.

      Stand up for yourself, see what happens, and take it from there. You can't win every battle, but if you don't even try you'll just keep losing.

      --
      Elrond, Duke of URL
      "This is the most fun I've had without being drenched in the blood of my enemies!"-Sam&Max
    3. Re:File a police report _now_. by sqldr · · Score: 5, Funny

      I pick YOU UP. I unzip YOUR PANTS. I roughly jam my cock up your ass. As the students are watching I sodomize you for several minutes until I give my "O" face to the class.

      Oh stop it.. you're turning me on

      --
      I wrote my first program at the age of six, and I still can't work out how this website works.
  3. Easy solutions by AchiIIe · · Score: 5, Insightful

    easy solutions:
    a) photocopy the notes
    b) type them up to begin with
    c) leave ITT TECH and go to a real university

    --
    Nature journal lied in Britannica vs Wikipedia Ask to retrac
    1. Re:Easy solutions by AchiIIe · · Score: 5, Interesting

      Also here's the original posting
      > http://www.guildwarsguru.com/forum/showthread.php?t=10351058
      The original poster says this is High School.

      --
      Nature journal lied in Britannica vs Wikipedia Ask to retrac
    2. Re:Easy solutions by mcbridematt · · Score: 5, Funny

      So, whats the name of this institution so we can fire up the traditional internet educational vigilante mob?

  4. Go nuts! by Swordopolis · · Score: 5, Insightful

    Theft, unlawful search and seizure, destruction of property..... You could go nuts with this. This can't possibly be legal.

    --
    Alchemist: Be Thou For the People
  5. File a complaints. by TokyoMoD · · Score: 5, Insightful

    1) With the school. 2) With the local police. 3) Contact a major news outlet. 4) Refuse going to that class until settled. 5) Contact local ACLU type outfit. Write down the event now, while it's still fresh.

    1. Re:File a complaints. by feepness · · Score: 5, Funny

      Write down the event now, while it's still fresh.

      And make sure to not let anyone steal it!

  6. IANAL, but... by DaHat · · Score: 5, Interesting

    ... back in my undergrad days I had an issue with a professor who tried to pull his own stunts, even trying to call me out (while claiming to not know who he was calling out) publically in class. After a conversation with couple of lawyers and a few folks at the university after making a complaint of harassment (me being a white male who at the time was in his early 20's) and which at one point resulting in the university president calling me on my cell personally, it was decided that given the professors work was a paid for by the university, they had effectively no rights to it... so my copious note taking, and eventual whole scale recording of classes what perfectly legitimate and up to the university... and not the individual professor who was being paid to perform for the classes behalf.

    As sad as I am to say it... a tape recorder, obvious or not (ideally obvious be it in public or private) can be your best friend... though in my case I also had a laptop recording everything as well.

    Let me give you the advice I was given when I was dealing with an overzealous professor who thought they were god in the classroom and eventually was threatening to sue me and the school... talk to a lawyer.

    Remember though... I am not a lawyer, I've just talked to a few over this issue and think you should to.

  7. Re:WRONG by Anonymous Coward · · Score: 5, Funny

    theft is a crime, and illegal

    A surprising number of crimes are illegal.
    ;-)

  8. NO by Jane+Q.+Public · · Score: 5, Insightful

    You don't "copy" class notes, you write class notes. In your own words. There is a big difference. You are the author.

  9. Re:That's theft. by Smitty025 · · Score: 5, Insightful

    Perhaps he himself didn't pay, but his parents, if they are law abiding citizens, did pay their taxes to fund his education.

  10. For god's sake, STAND UP FOR YOURSELF by Anonymous Coward · · Score: 5, Insightful

    Are you serious? You allowed the teacher to go into your backpack, which is your private property, and take something which belonged to you, while doing nothing about it? Not even the cops can go into your backpack like that.

    Why are so many people so freakin spineless?

    I don't want to sound like an internet warrior here, but dude, if a teacher tried to do that to me, I would prevent them, pushing / punching / kicking them if I had to as a last resort.

    (No, this does not make me a 'violent idiot' as someone else stated, it just means I have enough backbone stand up for myself in person with ACTION rather than on the internet with words. ACTION is the only sort of standing up that really matters, when it all comes down to it.)

    You do know that you have the right to defend your personal property, right? Man up.

    Yes, I know this could lead to repercussions from the university, such as being threatened with expulsion - that's when you get lawyers involved.

    There's no way to say how it would pan out, but you have the advantage that, in the eyes of the law, you are in the right and they are in the wrong - provided you don't pull a weapon or beat them to death, anyway. That equates to a lot of potential negative publicity which the university probably doesn't want.

    If you make a big enough stink about it, they'll most likely just let it slide eventually - though it will be tough for a while.

    You might get kicked out, but Jesus H Christ man, you cannot go through life acting like a minnow and bending over when you know what someone else is doing is wrong.

    STAND UP for yourself for god's sake. Let the chips fall where they may. When you get to the end of your life, you aren't going to wish you were nicer to that teacher (instead of punching them square in the solar plexus), but you will probably regret allowing people to trample all over you and never quite getting what you wanted.

    This has been a public service announcement.

  11. Re:That's theft. by kdemetter · · Score: 5, Insightful

    If i understand correctly , the problem is the some students cheat by copying over the tests and homework.

    All the teacher has to do is give different tests and homework for each class. How hard can that be ? My teachers always worked this way.

    Having your homework/tests is great way to know your mistakes and learn from them. I don't see why students have to suffer because the teacher is too lazy to do her work.

  12. 4th amendment lesson for your future. by Meor · · Score: 5, Insightful

    Well you can't do anything now since you consented to her taking them by letting her in your backpack. Sounds like you just got a lesson in 4th amendment rights. Never let anyone, including authority figures cop teachers, have your personal property ever. Even if you have nothing to hide.

  13. Talk to a dean NOW. File a police report if needed by Anonymous Coward · · Score: 5, Insightful

    The correct thing to do is to go to an appropriate dean (which one depends on how the school is structured - in the university I attended, it could have been the dean who oversees the professor, or the dean of the college of my major, or the "dean of students") and explain that the professor opened your backpack without your permission and took from you notes which you wrote on paper you paid for, and that this is theft and you want your notes back. If they are reluctant to act, explain to them very politely that you're trying to help them by not making this criminal theft a matter for the police, and won't they please consider doing something about it?

  14. Why bother? by quenda · · Score: 5, Funny

    In economics, the exam questions are the same every year. They just change the answers.

    1. Re:Why bother? by marxz · · Score: 5, Funny

      In economics, the exam questions are the same every year. They just change the answers.

      classic ... and even if not true should be... Q1: "is sub prime lending viable as a business model?" 2007 A: yes 2008 A:um maybe, maybe not. 2009 A: no

  15. Re:Talk to a dean NOW. File a police report if nee by Ragzouken · · Score: 5, Insightful

    This is a matter that could be reasonable resolved without going to for the last resort straight away.

  16. Re:The school owns it. by commodore64_love · · Score: 5, Insightful

    Ya know, that's a good point. This is GOVERNMENT that we are talking about. A teacher can no more copyright her notes, than a Congressman can copyright his speeches in the House, or a president copyright his emails in the White House, or the FCC chairman copyright his documentations/rulings.

    It's the People's property. All things in government belong to the people, and is public domain. Some of it might be kept secret for defense purposes, but eventually it gets released. This teacher is a government employee and all things she creates while on the government clock belong to the People, and in the public domain.

    --
    "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall