[Air-l] turnitin issue

[Hugemusic]

Wait a minute:

It can't be a copyright *violation* if the student consents to the copying 
as part of the submission  process ... it's a licenced copy/adaptation (the 
hash is an adaptation, but you can consent to an adaptation) ... assuming 
the student is fully informed that this is what's happening ... which may or 
may not be the case.  As long as the copy isn't used for any purpose other 
than that stated, there's no violation of anything to do with copyright.  If 
Turnitin doesn't exploit the students' IP by selling the copies and not 
compensating the student there's nothing the student can object to ... but 
arguably that's what's happening ...

Does the student understand what will happen to the copy?  If so, they can 
refuse to licence the copy but they have to bear the cost of that refusal 
... which, as Dan points out, makes it an issue of coersion ... which seems 
to be the real issue here.  But institutions 'coerce' their students on 
different things all the time, like having to pass assessments, parking 
restrictions, payment of tuition fees ...submit assignments in English ... 
referenced in a particular style ... and that's really only an 
administrative requirement.

As far as I'm concerned, it's like drug testing: no-one's assuming anything 
until you refuse to submit to the test. Once you refuse, that's grounds to 
suspect their may be a problem ... and work on the basis that there might be 
until it's proven that there isn't.

I doubt there's any real legal problems, since the copying is done with 
consent on submission (assuming Turnitin's lawyers are sharp enough to have 
thought of that one), but the ethical issue of coercing students is far more 
scary, IMHO.  Is it reasonable to ask students to consent to a copying 
process that doesn't deny them consideration (assuming that's what's 
happening) and leads to a fairer system for all?

What's the difference between that and requiring them to submit in a 
particular style of English?  Or on paper?  Or on a particular topic?  Or by 
a particular date???

Cheers,
Hughie

(sorry, Barry, can't help you.  But it's a good issue).



----- Original Message ----- 
From: <burkx006 at umn.edu>
To: <air-l at listserv.aoir.org>
Sent: Friday, March 09, 2007 2:48 PM
Subject: Re: [Air-l] turnitin issue


> Turnitin in fact keeps a hash of the paper. That may be a copyright
> violation. In the process of making the hash, they make a copy. That is a
> copyright violation, in pretty much any jurisdiction. DLB
>
>
> On Mar 8 2007, Barry Wellman wrote:
>
>>Dear AOIRers,
>>
>>A colleague teaching another course has come across an issue with an
>>undergrad who refuses to hand in her term paper because the faculty
>>member's course requires that all papers also be submitted to
>>Turnitin.com.
>>
>>The student claims that this violates her own intellectual property
>>because Turnitin reportedly keeps copies for future plagiarism searches.
>>
>>As a supposed ICT & society "expert," my colleague came to me for advice.
>>My first thought was horsefeathers.
>>
>>However, I am wondering if there is any precedent or case law on this in
>>Canada or the US. (EU would be too different, I think.)
>>
>>I am not interested in the ethics or the morality of Turnitin, but in how
>>other situations have been resolved.
>>
>>Thanks,
>> Barry Wellman
>> _____________________________________________________________________
>>
>>  Barry Wellman   S.D. Clark Professor of Sociology   NetLab Director
>>  Centre for Urban & Community Studies          University of Toronto
>>  455 Spadina Avenue    Toronto Canada M5S 2G8    fax:+1-416-978-7162
>>  wellman at chass.utoronto.ca  http://www.chass.utoronto.ca/~wellman
>>        for fun: http://chass.utoronto.ca/oldnew/cybertimes.php
>> _____________________________________________________________________
>>
>>
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>
> -- 
> Dan L. Burk
> Oppenheimer, Wolff & Donnelly Professor
> University of Minnesota Law School
> 229 19th Avenue South
> Minneapolis, MN  55455
> **********************************
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