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Students Settle With TurnItIn In Copyright Case

An anonymous reader writes "With the deadline for a Supreme Court appeal rapidly approaching, the students who sued TurnItIn.com for issues surrounding copyright infringement reached a settlement with the site's company on Friday. Now the search goes out for any student who has a paper which is being held by TurnItIn that they did not upload themselves. If your teacher uploaded a paper and ran a TurnItIn report without your permission, I bet the students' attorney would like to hear from you."

27 of 208 comments (clear)

  1. how do i find out if my teacher did that? by yincrash · · Score: 4, Interesting

    can i search my name on turnitin.com?

    1. Re:how do i find out if my teacher did that? by Chapter80 · · Score: 3, Informative

      it was on the anon-a-blog. ravar@nixonvan.com Bob Vanderhye, 703-442-0422.

      I think TurnItIn's strategy is to make the schools make the students submit the papers (and agree to the terms). Many students have successfully challenged their teachers and their schools, saying that this requirement to submit to a PERMANENT ARCHIVE is wrong.

    2. Re:how do i find out if my teacher did that? by Shadow+of+Eternity · · Score: 3, Insightful

      And what about the more common case of being a student who was forced to upload things to turnitin or fail the class? Sounds like a pretty big bloody loophole to leave considering how easily schools can find various ways of blackmailing a student into "voluntarily" doing things.

      --
      A bullet may have your name on it but splash damage is addressed "To whom it may concern."
    3. Re:how do i find out if my teacher did that? by commodore64_love · · Score: 3, Insightful

      Well of course it's wrong. Suppose that one of those students if the next Roddenberry (Star Trek), JMS (Babylon 5), or Joss Whedon (Buffy/Angel/Firefly) and said student created a great story for his class. Why should this student have to give-up his copyrights to some asshole company?

      This is just another way that corporations seek to steal ideas, stories, songs from artisans by takng-over control of the copyrights.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    4. Re:how do i find out if my teacher did that? by commodore64_love · · Score: 5, Informative

      >>> she reserves the right to upload it as she sees fit. The student agrees to the contract

      This contract would be declared "void" in a court-of-law, just the same as various provisions in the Paypal User Agreement were declared void a few years ago. Why? Because contracts can not be used to sign-away rights protected by Federal Consumer Protection laws. In other words, a company (college) can not force a customer (student) to give-up his rights or privileges as a precondition of service,

      Nor can a company add conditions AFTER the money has already been paid, which would be the case if a customer does not see the prof's syllabus until the first day. That's called bait-and-switch.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    5. Re:how do i find out if my teacher did that? by jackal40 · · Score: 4, Insightful

      Just how in the hell is a syllabus a contract between teacher and student? At best, it is the standard by which the teacher announces the intended requirements and flow for the course - at worst, it's nothing more than a homework and study guide.

      Thank god your wife doesn't teach where I go to school, most of us don't put up with that kind of crap and will drop the class before the first period is over.

      What a crock! And if her class is a requirement for graduation and happens to be the only session being taught in a given semester, I'd be willing to wager you would get a lot of complaints. B.T.W. does she states this in her syllabus clearly, or do you wait until someone complains and then bring in the lawyers?

      --
      The patriot volunteer, fighting for country and his rights, makes the most reliable soldier on earth. (Stonewall Jackson
    6. Re:how do i find out if my teacher did that? by commodore64_love · · Score: 3, Insightful

      >>>Sounds like bunkum to me.

      No it isn't bunkum that the U.S. Courts declared various sections of Paypal's contract "void" since the contract violated federal laws. Similarly a professor that demands a student give-up his rights is also in violation of these laws. For example the professor can not say in his syllabus, "You lose all right to sue me for sexual harassment."

      Yeah I know I used an extreme example, but so did you with your anti-gun argument. The point is that there are some rights/privileges than can Not be given-away via contract, because the U.S. laws supercede the contract. One of those rights is copyright. A business like Walmart can not force a customer to give-up his stories as a condition of service. Neither can XYZ College.

      Another right is to not have terms added to a contract AFTER the money has already been paid by the customer. That's a breach by the business. For example Walmart can't suddenly tell me, after I bought some Levis jeans, that I am only allowed to wear them on weekend. Neither can a professor arbitarily add terms after payment has been submitted.

      Such things must be revealed *before* the money changes hands.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
  2. Always did wonder by Anonymous Coward · · Score: 3, Insightful

    I always did wonder how these plagiarism detection things were able to legally continue to operate. They obviously have to hold copies of works that were not uploaded by the original authors to compare this stuff to. Are they not in mass violation of copyright? Are not the teachers who uploaded this stuff at least as guilty as file sharers, I mean after all, my term papers from college are way more useful than a new tune from Bittany.

    1. Re:Always did wonder by Planesdragon · · Score: 4, Informative

      They obviously have to hold copies of works that were not uploaded by the original authors to compare this stuff to. Are they not in mass violation of copyright?

      No. Go read the standard of fair use again.

      "Academic purposes" are one of the black-letter exemptions. If this were a college doing the bundle and offering it for-free to all participants, instead of a private company making a buck, this wouldn't even be a problem.

    2. Re:Always did wonder by Hognoxious · · Score: 3, Insightful

      I assume you're referring to the fact that it would be an infringement if someone sold photocopied knockoff textbooks?

      Get back to us when Turnitin start buying and selling essays. By essays I mean the full text in its entirety. Not excerpts, not metadata, not statistics derived from them.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    3. Re:Always did wonder by DriedClexler · · Score: 3, Funny

      turnitin intends to catch running a paper through a theosaurus

      What good would it to do to run a paper through a reptile god?

      Unless you mean thesaurus ;-)

      --
      Information theory is life. The rest is just the KL divergence.
  3. Re:Who is really hurt by such services? by Planesdragon · · Score: 4, Insightful

    But my intelligence isn't proved in some one-time essay. It's all about how I create real solutions for real problems.

    If you are incapable of taking a task, and expressing the solutition to said task in written form, then you're essentially sub-literate. Unless you're an astonishing genius, you're just a drain on your company due to your inability.

    College doesn't test, train, or reward INTELLIGENCE. It tests, trains, and rewards LEARNING and ABILITY -- which are three very, very different things.

    Choosing to bypass testing is the right answer, no matter what the question.

    God, I would love to work for your competitor. "Sir, BadAnalogyGuy's company is beating us!" "Ok, just file a complaint. I'm sure that semi-literate guy did something wrong enough to slap them down."

  4. Re:Who is really hurt by such services? by Anonymous Coward · · Score: 3, Insightful

    It would depend upon the job you are seeking. Recently a great guy, insightful, good instincts, and ethical, who dealt very well with people was let go before his status became permanent, mainly because he could not write in a cogent manner with any speed - it took him all day to write what most finished in an hour. Unfortunately, the job required judgment, dealing well with people AND depends, in the end, on writing skills.

  5. Classic Moment from the Appeal by Anonymous Coward · · Score: 5, Insightful
    One of my favorite points in the Appeal was when Mr. Vanderhye made a point about the security of TurnItIn.

    I can't quote it exactly... but when he made the point, nearly EVERY head nodded, including the three appellate judges. It was one of those made-for-TV moments. This was right around the time of the US Presidential election:

    something like "You can bet if Barack Obama's or Sarah Palin's high school papers were stored on the *most secure server* on the internet, they would have been hacked. There's no doubt that a site with the lax security of TurnItIn would be hacked."

    Man, ya shoulda been there!

  6. Talk to your professor, opt out by Grant+The+Great · · Score: 5, Interesting

    Seriously, each professor that I had that used this service specifically mentioned it the first day and it was written in the syllabus. I brought up an objection with each professor and they had no issue with me opting out and them presumably just googling various sentences in my papers. It wasn't an issue, the professors agreed with me when I voiced my objections about the privacy, copyright ownership, data retention, presumption of innocence, etc. The only reason that they used it was because the department head dictated it.

    Exercise your rights. It's your paper. Remember, professors are people just like you. While they may believe you to be paranoid, they won't hold it against you if you voice your concerns with logic, passion, and conviction.

    1. Re:Talk to your professor, opt out by Bob9113 · · Score: 5, Insightful

      they had no issue with me opting out

      You do not have to, and should not have to, opt out of your creative works being infringed.

      The only reason that they used it was because the department head dictated it.

      If the department dictated that the professor should take your laptop, sell it on eBay, and give the money to some third party corporation, would you see the professor as having done no wrong? This corporation is building its cashflow on your creative work, without license. If they want to come to you and negotiate a deal to use your creative work in their business model, fine. Until then, it is yours.

    2. Re:Talk to your professor, opt out by Grant+The+Great · · Score: 3, Interesting

      You do not have to, and should not have to, opt out of your creative works being infringed.

      You are absolutely right. This should be an opt in service with waiver or contract, unfortunately that's not the case. Complaining about it isn't going to fix it unless you can provide pressure to the people higher up in the food chain or by legal means. I was, however, a poor college student so I could only fight my own battles.

      If the department dictated that the professor should take your laptop, sell it on eBay, and give the money to some third party corporation, would you see the professor as having done no wrong? This corporation is building its cashflow on your creative work, without license. If they want to come to you and negotiate a deal to use your creative work in their business model, fine. Until then, it is yours.

      The main problem with this is, like another poster put it, every school has bylaws/student contracts/whatever o specifically say that they can do whatever they want with your work. While I completely and totally disagree with this, unless it's overturned in court or changed, it will continue to be the "law of the land." If they had provisions in said contract that you signed to take your possessions, then there's nothing you can do about it except challenge it.
      I am not a revolutionary. I cared about my own work and acted to protect it, if everyone else cared as much then this wouldn't be a problem. This corporation is making money on others work, not mine. It is not my fault that the system is flawed, it is my problem though. It is not my problem that others do not see it our way, though it maybe my fault for not speaking out. At the end of the day, I can only act to protect myself, the fact that others are so apathetic or obedient to the system there isn't much I can do given time and money constraints. Though if someone organized a protest or petition drive to overturn this, I would certainly support it.

    3. Re:Talk to your professor, opt out by Grant+The+Great · · Score: 3, Insightful

      Aren't you a precious little snowflake? I assume your parents are big donors to the school.

      Actually, I was a broke as shit college student paying my own tuition by working 60 hours a week on top of being a full time student so I wouldn't fall into unmanageable debt. I live by my principles and my convictions, when those are violated I act to correct them. Taking 10 minutes out of my day to right a wrong certainly isn't going to kill me, though it may inconvenience me.

      The profs should given you two options - put up and shut up, or an F. I suspect most teachers have better uses for their time than googling random phrases, especially when the college is already paying for an automated method.

      Professors get paid by my check every semester. They are there because students like me say they can be. I suspect that they felt it is worth letting one student opt out than it would be to fight it. Sure, they may already be paying for he automated response, but this article mentioned a lawsuit which is nearly ironclad in that students are in fact having their rights violated. Do you think that colleges have a standing order to willfully disregard student's wishes in regards to an already murky legal area? It wouldn't make sense; they'd accept my wishes to opt out, spend the extra time, and go on with their lives.

  7. But is this REALLY copyright infringement? by MickyTheIdiot · · Score: 5, Interesting

    In a way it's too bad that this didn't go to trial. Back when I was working in the Academic sector there was occasionally firestorms between students and faculty about this subject.

    The major university I worked for (which will remain unnamed obviously) had it in the student contract (or code or bylaws or whatever) that the copyright of anything turned in by a student was owned by the university. I am guessing many universities do the same thing.

    So it would have been interesting to see if that sort of fine print clause in a student agreement with a state institution would of held up. If it does I would think that the student didn't really have a case.

    1. Re:But is this REALLY copyright infringement? by Anonymous Coward · · Score: 3, Insightful

      How are they going to claim that a work by the student is copyrighted by the university? If they were paying me a salary then I could see it, but they're not. I'm paying for the education, so it's mine.

    2. Re:But is this REALLY copyright infringement? by Bureaucromancer · · Score: 4, Insightful

      At my school there's nothing about copyright being handed over (in fact, as to TurnItIn, faculty are enoucraged to use it, but have to make it optional; usually means doing an annoted bibliography if you refuse) but there is a clause that they will consider any submission of previously marked work as plagarism. E.G. if a single paper is valid as course work in more than one course, and you hand it in twice they will consider it plagarized (I think there may be something to the effect that written permission can void this actually, never seen it given though). Not exactly the same thing, and I can see the university having an interest in this not happening, but I find the very idea one could "plagarize" oneself laughable, and the policy is honestly just as insulting as TurnItIn requirements. If a prof really needs new work just put it in the bloody course requirements.

  8. Totally Unfair! by Bob9113 · · Score: 5, Insightful

    Copyright law is supposed to protect corporations from potential customers. It is not meant to be used to protect authors from corporations. This is a perfectly honest corporation advancing its agenda by innocently infringing the copyright of authors. Corporations are supposed to get unequal protection under the law. How this court could see fit to apply the law equally in this case is beyond me.
     
    /sarcasm

  9. I had an issue similar to this. by spartin92 · · Score: 3, Interesting

    Last year my history teacher gave me a had time because I felt it was immoral and illegal for her to post my report without my permission. After days of waiting and a parent teacher conference (high school still :/) she just dropped the issue but didn't inform the rest of her classes that they didn't have to submit it. I licensed it under a Creative Commons Non-commercial use license. She probably just submitted it. :/

  10. Re:Who is really hurt by such services? by Hognoxious · · Score: 4, Insightful

    But my intelligence isn't proved in some one-time essay.

    Indeed. Your posting history is all the evidence we need.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  11. Re:Who is really hurt by such services? by causality · · Score: 5, Interesting

    "Ok, just file a complaint. I'm sure that semi-literate guy did something wrong enough to slap them down."

    I love how the Americans think that suing everybody is the best solution for every problem.

    That illness has a self-perpetuating nature, as does all aspects or expressions of "us against them." To sum it up, when you find yourself born and raised in an environment in which most recipients of most legitimate complaints are insensate and unreceptive, the "force of the law" nature of legal remedies become the only undeniable way to call attention to even the slightest injustice. All it really should take is for a person to stand up, with understanding, and call out those things which need to be addressed, to shine a light upon them and remove the shadows of excuses and other utilitarian purposes under which they are sheltered. By comparison, what we have now is not an underlying acknowledgement of human dignity or a celebration of harmony, but the primitive desire to avoid punishment.

    It's such a precious thing, such an exquisite privilege, to put the lie to this pattern by nothing other than your living example of a higher order.

    --
    It is a miracle that curiosity survives formal education. - Einstein
  12. Re:Who is really hurt by such services? by clarkkent09 · · Score: 4, Insightful

    But my intelligence isn't proved in some one-time essay. It's all about how I create real solutions for real problems. It's never about some random problem that some dumbfuck in some ivory tower created. Choosing to bypass testing is the right answer, no matter what the question.

    Testing is not perfect but it does have a useful purpose. Yes, everybody is unique blah, blah, but there are millions of students at all levels in the USA and you got to classify them somehow by ability, so what method do you propose? The right answer is to keep improving the testing methods, not to bypass testing. A good test should present something like real world problems and take into account the difference in priorities for engineering students, versus, say English students etc. And by the way, the ability to communicate, including in writing, is very important even for nerds.

    --
    Negative moral value of force outweighs the positive value of good intentions.
  13. Use judo by Qubit · · Score: 4, Interesting

    Instead of fighting a big company yourself, just direct the weight of a big company to do itself in.

    1. Write a paper. A really, really good paper. A research paper.
    2. Get it accepted by a big journal. A really, really big journal like Nature.
    3. Now somehow get this sucker added to Turn-it-in's database. Maybe you wrote the paper as a thesis and the prof needs to check it. Whatever.
    4. Let the journal know that Turn-it-in has your paper. The paper to which they hold exclusive rights.
    5. Pop some popcorn and sit back and let Nature do a little "Hulk Smash!".
    6. The End.

    (of course there would be several key problems in carrying out such a plan, but it would be delightfully amusing if you could pull it off)

    --

    coding is life /* the rest is */