Cheating Services and Copyright

[kniedzw]

So, in my daily web-browsing, I found this Washington Post article linked from Slashdot. The short form is that a few high school students are suing Turnitin for copyright infringement, and I think they have a legitimate argument

Comments

[novalis]

I see it as a form of criticism, actually.

The effect on the market is the most interesting factor. On one hand, all the law mentions is the effect. But it seems that the intent of the section is that the only sorts of effects that should be considered are to what extent the new work (Turnitin's copy) displaces sales that would otherwise accrue to the author. Of course, a bad review (the quintessential example of fair use) could totally destroy the market for a work -- but that's not how the factor is usually read. Turnitin will make the resale value of an essay less, but not by substituting for it. Also, resale of essays for passing off is probably fraudulent, even though it is unlikely to be prosecuted as such.

It's also interesting to look at whether the use is transformative. On one hand, it's totally transformative, in that the students wrote papers about Homer or Dafei Ji, but Turnitin only cares about patterns of words. On the other hand, the entire work must be available in Turnitin's database in its original form in order for manual checks to corroborate machine review.

[kniedzw]

Interesting take on the situation. I hadn't thought of it as criticism, though I'm not sure that the analogy would hold under close scrutiny. I'd have to mull it over for a while.

I think my own hope that Turnitin takes a hit here is rooted in my dislike of the rise of Simson Garfinkel's "Database Nation," paired with my disconnect from the current academic climate. I think the students certainly have what might amount to a valid argument, though the ultimate public good should be what decides this situation.

I am somewhat taken aback at the presumption of guilt inherent in requiring all students to submit their papers to Turnitin, and at the very least, I think there should be alternate methods by which a student can prove that they have not plagiarized a work that they are submitting for a grade. One that does not have a prohibitive cost in terms of time, money, or effort.On the other hand, the entire work must be available in Turnitin's database in its original form in order for manual checks to corroborate machine review.
...or to repopulate the database when the heuristic changes and the old checksums / checking factors are no longer valid.

Whatever the case, I never have liked Turnitin, and I don't think I ever really will.

[novalis]

I worry a bit less about Database Nation than most geeks with political views otherwise similar to mine. I've been strongly influenced by David Brin's Transparent Society (I think I read an essay version of the book ten or so years ago).

On the other hand, I agree that it violates the presumption of innocence to check every paper. So perhaps as a compromise position, every paper could be inserted into the database, but only those where there is suspicion could be checked.

[kniedzw]

Well, the flip side to your second paragraph is that plagiarism isn't against the law, and there's no requirement that innocence be presumed in this case, really. It's just a disturbing trend to my mind. Likewise, it's still a private database, and vast amounts of data in private hands makes me nervous. ...though I suppose that having vast amounts of data in anyone's hands makes me nervous, unless there's public oversight of said data.

Eh. Perhaps I'm just twitching for no reason.

The ultimate conclusion of the case will be interesting, one way or another, I think. ...unless they settle out of court, in which case the first case to actually be tried will be interesting. :)

[novalis]

Actually, plagiarism could maybe be fraud -- lying to get something valuable (a good grade). But anyway, I support the presumption of innocence in non-judicial procedings which may lead to discipline. It's a good check on institutional power.