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Fair Use Affirmed In Turnitin Case

Hugh Pickens writes "The Fourth Circuit Court of Appeals has issued an opinion affirming a ruling that will be cheered by digital fair use proponents for allowing a fair use of students' work when their teachers electronically file students' written work with the turnitin.com Web site so that newly submitted work can be compared against Turnitin's database of existing student work to assess whether the new work is the result of plagiarism. The court stepped through the fair use analysis, dropping positive notes that affirm commercial uses can be fair uses, that a use can be transformative 'in function or purpose without altering or actually adding to the original work,' and that the entirety of a work can be used without precluding a finding of fair use. Techdirt suggests that all of these points could have been helpful to Google in defending its book scanning efforts, 'since it could make pretty much the identical arguments on all points.' Unfortunately Google caved in that lawsuit and settled, 'denying a strong fair use precedent and making Google look like an easy place for struggling industries to demand cash.'"

13 of 315 comments (clear)

  1. Plagiarism takes yet another hit by Random+BedHead+Ed · · Score: 5, Funny

    This is extremely bad news for lazy students everywhere. Won't someone please think of the plagiarists? :)

    1. Re:Plagiarism takes yet another hit by Merls+the+Sneaky · · Score: 4, Funny

      This is extremely bad news for lazy students everywhere. Won't someone please think of the plagiarists? :)

    2. Re:Plagiarism takes yet another hit by Bill_the_Engineer · · Score: 5, Funny

      Hey I found 3 references so it must be true that this is extremely bad news for lazy students everywhere.

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    3. Re:Plagiarism takes yet another hit by Anonymous Coward · · Score: 1, Funny

      c-c-c-combo breaker!

    4. Re:Plagiarism takes yet another hit by frosty_tsm · · Score: 4, Funny

      Hey I found 3 references so it must be true that this is extremely bad news for lazy students everywhere.

      You're missing a citation, you plagiarist.

    5. Re:Plagiarism takes yet another hit by sexconker · · Score: 2, Funny

      This is extremely bad news for lazy students everywhere. Won't someone please think of the plagiarists? :)

    6. Re:Plagiarism takes yet another hit by SEWilco · · Score: 2, Funny

      Also, most students don't have much originality.

    7. Re:Plagiarism takes yet another hit by dna_(c)(tm)(r) · · Score: 2, Funny

      self plagiarism is the worst, e.g: "self plagiarism is the worst, e.g: "self plagiarism is the worst, e.g: ""

  2. Re:Oh Timothy by Tobenisstinky · · Score: 2, Funny

    "i" agree.

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  3. The headline is correct by Anonymous Coward · · Score: 2, Funny

    The write-up is hopelessly messed up.

    The Fourth Circuit actually ruled on the Turntin case.

    Turntin is the now bankrupt company that promised to make a killing using a proprietary process for alchemy.

    The court ruled that the metallic proceeds could be shared freely with roofers and electroplaters.

    The company plans to move forward with plans to transmute metals with real value in future as soon as their cold fusion reactors are up and running.

    1. Re:The headline is correct by __aaclcg7560 · · Score: 2, Funny

      I'm not a lawyer. Can you translate that into layman terms? :P

  4. Plagiarism takes yet another hit by Shakrai · · Score: 5, Funny

    This is extremely bad news for lazy students everywhere. Won't someone please think of the plagiarists? :)

    --
    I want peace on earth and goodwill toward man.
    We are the United States Government! We don't do that sort of thing.
  5. Re:Economic impact by geekboy642 · · Score: 4, Funny

    His royalty checks decreased. Google something something books. IT WAS GOOGLE'S FAULT!

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    Just another "DOJ fascist authoritarian totalitarian bootlicker" -- Zeio