More thoughts about Turnitin

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4 Responses

  1. this isn't f/u says:

    I’m sorry, but I don’t think that Turnitin’s case shares any of the same policy considerations that parody cases. The parody rationale is pretty narrow in the first place, and it’s unlikely that current law extends the rationale to this use (note that a “transformative” analysis of fair use might)

    Also, I don’t think that turnitin’s use is justifiable for the “produce critical information about the scholarly bona fides of the plaintiff and others” reason you suggest. This is true with respect to only part of the copyright infringement analysis. That is, it’s use in comparing to others on the front end is probably saved, but NOT the keeping it to compare with others. This, of course, might turn on the holdings of things like Google Books. However, creating a database of copyrighted works seems to not benefit from your analysis.

    Also, I’m not sure that I entirely by your market analysis. You seem to forget that others MAY wish to pay authors to allow them to use their paper to detect cheating. It’s not hard to imagine that a site would require payment to use the service but then pays each author of an original paper that gets submitted.

    Finally, I think that Turnitin.com has an even less academic problem because the students seem to have said that they could check the papers but not store it. Sounds like a breach of contract too.

  2. this isn't f/u says:

    I’m sorry, but I don’t think that Turnitin’s case shares any of the same policy considerations that parody cases. The parody rationale is pretty narrow in the first place, and it’s unlikely that current law extends the rationale to this use (note that a “transformative” analysis of fair use might)

    Also, I don’t think that turnitin’s use is justifiable for the “produce critical information about the scholarly bona fides of the plaintiff and others” reason you suggest. This is true with respect to only part of the copyright infringement analysis. That is, it’s use in comparing to others on the front end is probably saved, but NOT the keeping it to compare with others. This, of course, might turn on the holdings of things like Google Books. However, creating a database of copyrighted works seems to not benefit from your analysis.

    Also, I’m not sure that I entirely by your market analysis. You seem to forget that others MAY wish to pay authors to allow them to use their paper to detect cheating. It’s not hard to imagine that a site would require payment to use the service but then pays each author of an original paper that gets submitted.

    Finally, I think that Turnitin.com has an even less academic problem because the students seem to have said that they could check the papers but not store it. Sounds like a breach of contract too.

  3. Obbop says:

    In my neck of the woods TurnItIn would just hire Guido the Neck to go out and break a few legs, perhaps some knees and fingers, too, and……

    voila’, problem solved.

    Why do folks male things so dern’ complicated nowadays?

    There’s tried-and-true methods for solving so many of our problems.

  4. Dow Jones says:

    The elite’s government FEARS you!!!!!!

    Their fear is manifested in the laws they pass. Here is a law banning what MANY of the Founders wrote is a RIGHT of citizens when a government no longer represents them:

    Section 2385. Advocating overthrow of Government

    Whoever knowingly or willfully advocates, abets, advises, or

    teaches the duty, necessity, desirability, or propriety of

    overthrowing or destroying the government of the United States or

    the government of any State, Territory, District or Possession

    thereof, or the government of any political subdivision therein, by

    force or violence, or by the assassination of any officer of any

    such government; or

    Whoever, with intent to cause the overthrow or destruction of any

    such government, prints, publishes, edits, issues, circulates,

    sells, distributes, or publicly displays any written or printed

    matter advocating, advising, or teaching the duty, necessity,

    desirability, or propriety of overthrowing or destroying any

    government in the United States by force or violence, or attempts

    to do so; or

    Whoever organizes or helps or attempts to organize any society,

    group, or assembly of persons who teach, advocate, or encourage the

    overthrow or destruction of any such government by force or

    violence; or becomes or is a member of, or affiliates with, any

    such society, group, or assembly of persons, knowing the purposes

    thereof –

    Shall be fined under this title or imprisoned not more than

    twenty years, or both, and shall be ineligible for employment by

    the United States or any department or agency thereof, for the five

    years next following his conviction.

    If two or more persons conspire to commit any offense named in

    this section, each shall be fined under this title or imprisoned

    not more than twenty years, or both, and shall be ineligible for

    employment by the United States or any department or agency

    thereof, for the five years next following his conviction.

    As used in this section, the terms ”organizes” and

    ”organize”, with respect to any society, group, or assembly of

    persons, include the recruiting of new members, the forming of new

    units, and the regrouping or expansion of existing clubs, classes,

    and other units of such society, group, or assembly of persons.

    The federal government is allowing MILLIONS of illegals to invade our country. Corporate America is becoming increasingly more powerful and influential. Yet, according to the government of for and by the elites YOU, a citizen, have to accept whatever the government does with NO recourse other than voting…… and there is sufficient proof that shows to me voting is worthless since the entrenched power structure ensures that the emplaced elite class can not be removed.

    Several Founders specifically wrote of the people’s right to abolish a government when it no longer represents them.

    We are forced to live under an elite’s TYRANNY!!!!!!!!!!!!!!!