students, myself included, and uses my copyrighted works which do
indeed have commercial value for their enterprise. So I have two
questions:
1. Does this apply to non-student works such as my own? Works that do
have commercial value? I have never been a party to a contact with
turnitin. I have told turn it in to remove my works from their
database or pay me for their use but I have no real way of knowing if
they ever did so. They have never paid me for them that is for sure.
2. What is the status if the student were to secure an explicit
copyright registration over a paper before turning it in to the
teacher? That is to say they submitted it to the copyright office of
the Library of Congress and noted it on the paper as a copyrighted
work and that reuse or redistribution to others was an explicit
violation of the right?
3. The ultimate solution to this problem is to hand in hand written
papers.
Greg
On Mar 26, 2008, at 6:10 AM, Johnson, Jason P Mr WRAMC_Wash DC 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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> Classification: UNCLASSIFIED
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