Wednesday, March 26, 2008

Re: Turnitin Ruled Fair Use (UNCLASSIFIED)

I was both surprised and saddened to see this
judgment, but it does little to alter the fundamental
underpinnings of the discussion:

Just because it's legal doesn't mean it's right.

Cheers,

Bill

--- "Johnson, Jason P Mr WRAMC_Wash DC"
<Jason.Johnson3@amedd.army.mil> wrote:

> Classification: UNCLASSIFIED
> Caveats: NONE
>
> Given past conversation I thought the list might be
> interested that
> Turnitin recently won its first serious court
> challenge over violating
> student's copyright. Interestingly the case did not
> turn on their
> "finger-printing" technology but instead that:
>
> "student essays in their normal form were viewed as
> having no market,
> and their reuse by turnitin did not in any way
> diminish the students'
> "incentive for creativity"-namely, their grades."
>
> Summary Article:
>
http://arstechnica.com/news.ars/post/20080326-plagiarism-screener-gets-p
> assing-grade-in-copyright-lawsuit.html
>
> Court Decision:
>
http://www.iparadigms.com/iParadigms_03-11-08_Opinion.pdf
>
> Sadly it was a summary judgment, so someone may push
> to take another
> suite to a jury, but the citation of the Google vs
> Perfect 10 case, puts
> a fairly big nail in the coffin of copyright based
> arguments.
>
> _J
> ___________________________________
>
> Jason Johnson - Program Director
> Web Services Branch - Walter Reed Army Medical
> Center Ingenium (ISO
> 9001:2000 certified)
> Office: 202-782-1047
> Cell: 202-262-0516
> jason.johnson@ingenium.net
> jason.p.johnson2@us.army.mil
>
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