Wednesday, March 26, 2008

Turnitin Ruled Fair Use (UNCLASSIFIED)

Classification: UNCLASSIFIED=20
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=20

Confidentiality Notice

This document may contain information covered under the Privacy Act, 5
USC 552(a), and/or the Health Insurance Portability and Accountability
Act (PL 104-191) and it's various implementing regulations and must be
protected in accordance with those provisions. Healthcare information is
personal and sensitive and must be treated accordingly. If this
correspondence contains healthcare information it is being provided to
you after appropriate authorization from the patient or under
circumstances that don't require patient authorization. You, the
recipient, are obligated to maintain it in a safe, secure and
confidential manner. Redisclosure without additional patient consent or
as permitted by law is prohibited. Unauthorized redisclosure, or failure
to maintain confidentiality subjects you to application of appropriate
sanction. If you have received this correspondence in error, please
notify the sender and once and destroy any copies you have made.

Classification: UNCLASSIFIED=20
Caveats: NONE

[ For info on ISED-L see http://www.gds.org/ISED-L ]
Submissions to ISED-L are released under a creative commons, attribution, non-commercial, share-alike license.
RSS Feed, http://listserv.syr.edu/scripts/wa.exe?RSS&L=3DISED-L