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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."

15 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 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
    2. 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
  2. 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."

  3. 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!

  4. 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.

  5. 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 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.

  6. 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.

  7. 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

  8. 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."
  9. 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
  10. 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.
  11. 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 */