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<title>Techdirt. Stories filed under &quot;plagiarism&quot;</title>
<description>Easily digestible tech news...</description>
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<image><title>Techdirt. Stories filed under &quot;plagiarism&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Mon, 8 Apr 2013 09:46:56 PDT</pubDate>
<title>Organization That Plagiarized Guide On Making Science Posters Has Pricey Lawyer Threaten Original Creator With Copyright Claim</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130405/23435122608/organization-that-plagiarized-guide-making-science-posters-has-pricey-lawyer-threaten-original-creator-with-copyright-claim.shtml</link>
<guid>http://www.techdirt.com/articles/20130405/23435122608/organization-that-plagiarized-guide-making-science-posters-has-pricey-lawyer-threaten-original-creator-with-copyright-claim.shtml</guid>
<description><![CDATA[ A bunch of folks have been sending in variations on the story about Colin Purrington, a guy who apparently created <a href="http://colinpurrington.com/tips/academic/posterdesign" target="_blank">a "guide" to creating posters</a> for scientific conferences that is somewhat popular online. The crux of the story is that Purrington, who has left academia, still spends time asking folks to take down any copies of his work -- and he's a bit obnoxious about it frankly -- mocking anyone who suggests that a copy might involve fair use.  He doesn't seem to recognize that fair use exists.
<blockquote><i>
 Contents copyright Colin Purrington (1997-2013). Plagiarizing, adapting, and hosting elsewhere prohibited. Included in the plagiarizing prohibition is paraphrase plagiarism, which is when you copy sentences and phrases but make minor word changes to mask your theft. Also, I have lost my patience with people claiming that Fair Use allows them to bypass my copyright.  Really, folks?
</i></blockquote>
Well, yes, actually.  That's the whole point of fair use.  If it's fair use, it does let you bypass copyright.  His copyright claim is a pretty clear example of copyfraud, overclaiming certain rights.  Also, while I agree that he certainly may hold the copyright on the work, significant parts of the work are basically just factual statements, which generally aren't subject to copyright protection, or, at the very least, very weak copyright protection.
<br /><br />
<b>That said</b>, none of that means he deserves what then happened.  He apparently sent one of his "hey stop it!" letters to Purdue University's DMCA takedown address and cc'ing a general catchall email at the The Consortium for Plant Biotechnology Research (CPBR) after finding parts of his guide in a document hosted on the Purdue site, which was discussing an upcoming CPBR competition.  While I think that Purrington goes way, way, way overboard in his claims about his own copyright, it does seem fairly clear that CPBR copied significant portions of Purrington's own work.  The <a href="http://webs.purduecal.edu/sponsoredprograms/files/2012/10/CPBR-2014-RFP.pdf" target="_blank">original file</a> is no longer on the Purdue website, though you can <a href="https://www.documentcloud.org/documents/681248-purrington-cpbr-appendix-5.html" target="_blank">see it here</a> (or embedded below). As the folks at Retraction Watch have pointed out, it's pretty clear <a href="http://retractionwatch.wordpress.com/2013/04/03/plagiarism-spat-over-scientific-poster-prep-advice-escalates-to-legal-threats/" target="_blank">that the CPBR version</a> copies heavily from Purrington's document.
<br /><br />
For what it's worth, while Purrington sent a notice to Purdue's DMCA address, his letter is clearly <i>not</i> a DMCA-compliant / takedown letter, and really does seem to be more of a "hey, you should take this down" admonition, including an exceptionally jokey closing line:
<blockquote><i>
If you can cover the shipping charges, I would be grateful if
you to send me the head of the person who did this.
</i></blockquote>
Har har.  Still, what came back was quite unexpected.  A <a href="https://www.documentcloud.org/documents/681192-purrington-arnold-porter-letter-1.html" target="_blank">threat letter from CPBR's very expensive lawyers</a> at big shot law firm, Arnold &#038; Porter.  These guys cost a lot.  In that letter, they claim that CPBR didn't copy Purrington, but rather that Purrington copied CPBR <b>and</b> that now that they were aware that Purrington had violated the copyright on CPBR, they were threatening him with statutory damages, up to $150,000 for willful infringement, for copyright infringement if he didn't take down his work.
<br /><br />
Oh yeah, and they claim that jokey last line is being viewed "as a physical threat against [CPBR staff's] personal safety" and warn that if any further threats are made, they will go to the authorities.
<br /><br />
While Purrington's guide has moved around online a few times (and ridiculously, no one covering this seems to link back to the original), you can find the earlier version that supports his story if you look in the Internet Archive for the guide's <i>old</i> address <a href="http://web.archive.org/web/*/http://www.swarthmore.edu/NatSci/cpurrin1/posteradvice.htm" target="_blank">at Swarthmore</a>.  CPBR's letter clearly claims that CPBR created the content in 2005.  Purrington's guide dates back to 2001, though it is a bit different.  Still, you can find both of the key passages highlighted by RetractionWatch in a <a href="http://web.archive.org/web/20041119094754/http://www.swarthmore.edu/NatSci/cpurrin1/posteradvice.htm" target="_blank">late 2004</a> version of Purrington's document (though, oddly, one of the copied phrases only shows up right at the very end of 2004, but that's still before 2005).
<br /><br />
CPBR is a big organization.  It takes in tens of millions of dollars in government grants and then fees it out to universities to do research.  You'd think that it would know better than to claim copyright over something when there's pretty clear evidence that it was the one doing the copying.
<br /><br />
While I find Purrington's position on copyright a bit ridiculous (also: his continual confusion between plagiarism and copyright, his refusal to acknowledge fair use within the law, and inability to compose a complaint DMCA takedown notice), it does seem pretty clear here that the party over reacting (massively) is CPBR.    When the Chronicle of Higher Education reached out to both CPBR's director and the lawyer who wrote the letter, it appears that both <a href="https://chronicle.com/blogs/percolator/adding-insult-to-plagiary-scientist-who-complained-of-copying-got-legal-threats/32525?cid=at&#038;utm_source=at&#038;utm_medium=en" target="_blank">hung up</a> on the reporter.  It might be time to admit that they royally screwed up here.<br /><br /><a href="http://www.techdirt.com/articles/20130405/23435122608/organization-that-plagiarized-guide-making-science-posters-has-pricey-lawyer-threaten-original-creator-with-copyright-claim.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130405/23435122608/organization-that-plagiarized-guide-making-science-posters-has-pricey-lawyer-threaten-original-creator-with-copyright-claim.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130405/23435122608/organization-that-plagiarized-guide-making-science-posters-has-pricey-lawyer-threaten-original-creator-with-copyright-claim.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>where-do-they-find-these-people</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130405/23435122608</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 22 Feb 2013 12:05:28 PST</pubDate>
<title>Judge: Mocking Lindsay Lohan Is Allowed; Plagiarizing A Court Filing, Not So Much</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130222/08194922069/judge-mocking-lindsay-lohan-is-allowed-plagiarizing-court-filing-not-so-much.shtml</link>
<guid>http://www.techdirt.com/articles/20130222/08194922069/judge-mocking-lindsay-lohan-is-allowed-plagiarizing-court-filing-not-so-much.shtml</guid>
<description><![CDATA[ You may recall a couple of years ago, we wrote about the latest in a series of ridiculous lawsuits filed by Lindsay Lohan, whose lawyer seems to have a rather creative way of interpreting the law at times.  This time, it involved suing the rapper Pitbull for <a href="http://www.techdirt.com/articles/20110824/01523415650/apparently-youre-not-a-list-celebrity-unless-youre-involved-some-sort-bogus-defamation-lawsuit.shtml">mentioning Lohan</a> in a song.  Pitbull has a song with the lyric: "I got locked up like Lindsay Lohan."  Lohan's lawyers tried to argue that this violated Lohan's publicity rights under NY state law (a law designed to stop unauthorized product endorsements), as well as defamation law.  The lawsuit was absolutely ridiculous from the very beginning, but took a slight detour into the absurd when Lohan's lawyer, Stephanie Ovadia, responded to one of Pitbull's filings with <a href="http://www.techdirt.com/articles/20120323/01363318218/lindsay-lohans-lawyers-loopy-legal-argument-laced-with-lifted-language.shtml">the most bizarre filing you'll ever read</a>.  The entire thing was basically long cut-and-pastes from various online sources, with no credit given whatsoever.  Many of the copied passages had nothing to do with the lawsuit at hand, and some others were simply completely nonsensical.  Like this one:
<blockquote><i>
The threshold of consciousness is the dividing line between something that can be processed by the conscious mind and something that enters the subconscious mind without any such processing. A hidden message is not intense enough to produce a sensation but has sufficient intensity to influence the behavior and mental processes of one's mind. The decisions the conscious mind makes are based upon the knowledge and reasoning skills one has developed through experience and education.... 
</i></blockquote>
What that had to do with the lawsuit was anyone's guess, but it was copied from an <a href="http://library.thinkquest.org/28162/legal.html" target="_blank">online student essay</a>.
<br /><br />
Earlier this week, the judge (not surprisingly at all) <a href="http://www.hollywoodreporter.com/thr-esq/lindsay-lohan-loses-lawsuit-pitbull-423228" target="_blank">dismissed the lawsuit on First Amendment grounds</a>:
<blockquote><i>
The Supreme Court has made clear that "[m]usic, as a form of expression and communication, is protected under the First Amendment." Ward v. Rock Against Racism, 491 U.S. 781, 790 (1989). Thus, because the Song is a protected work of art, the use of plaintiff&#8217;s name therein does not violate the New York Civil Rights Law.
</i></blockquote>
Furthermore, the court went on to note that even if the lawsuit wouldn't have been thrown out on purely First Amendment grounds, the case had no chance, because Pitbull's use of Lohan's name wasn't for advertising purposes, or to imply she somehow endorsed the song.  Lohan's lawyer tried to argue that because Pitbull made money from the song, and Lohan's name was in it, the use was "purposes of trade," which is (yet again) a rather unique interpretation of what the law is clearly about, so the court pointed out that this, too, was hogwash.
<blockquote><i>
The fact that the Song was presumably created and distributed for the purpose of making a profit does not mean that plaintiff&#8217;s name was used for &#8220;advertising&#8221; or &#8220;purposes of trade&#8221; within the meaning of the New York Civil Rights Law.
</i></blockquote>
Going one step further, the court noted that <i>even if</i> the First Amendment didn't suffice, and <i>even if</i> they found that the user of Lohan's name was for the purposes of advertising or trade, the case <i>still</i> would have failed:
<blockquote><i>
Even if the Court were to conclude that plaintiff had sufficiently alleged that her name was used in the Song for purposes of advertising or trade, the isolated nature of the use of her name would, in and of itself, prove fatal to her New York Civil Rights Law claim. &#8220;Courts in New York are reluctant to impose liability under &sect;&sect; 50-51 for incidental use of a person&#8217;s name or image because of the danger of imposing an uncalled-for burden and hazard on publishers.&#8221;
</i></blockquote>
The court also dismissed Lohan's other ridiculous claims, including "unjust enrichment" and "intentional infliction of emotional distress," basically stating that neither claim appears to make any sense at all.
<br /><br />
Pitbull's lawyers had hit back and asked for sanctions against Ovadia for her rambling cut-and-paste legal filing, and they got those too.  Ovadia tried to defend herself first by throwing another lawyer in her office under the bus and saying it was all his fault, but then also that the filing was an early draft that had been filed incorrectly.  The only problem?  The "final" draft that she offered up as a replacement still contained much of the plagiarized text.  So she was sanctioned $750 for lying to the court:
<blockquote><i>
The Redline demonstrates that, contrary to Attorney Ovadia&#8217;s assertions in the Letter, not one of the changes in the proposed amended opposition would have corrected or cured the plagiarized portions of the Opposition. Instead, most of the changes to the plagiarized portions of the proposed amended opposition were merely corrections and insertions of citations to case law.... Attorney Ovadia, who is represented by her own counsel in connection with the sanctions motion, does not respond to the allegation that her representation in the Letter &#8211; i.e., that the proposed amended opposition would have &#8220;obviated any alleged plagiarism concerns&#8221; &#8211; was, in fact, untrue. Based on the fact that Attorney Ovadia made this undisputedly false representation to the Court, and pursuant to the Court&#8217;s inherent powers, Attorney Ovadia is hereby fined in the amount of $750.00. This amount shall be paid by Attorney Ovadia and shall be made payable to the Clerk of the Court on or before March 22, 2013.
</i></blockquote>
And then there was another $750 sanction for the plagiarism itself.  The court practically laughs off Ovadia's attempt to throw her colleague under the bus as well.  Ovadia tried to claim that sanctions weren't appropriate because "additional fact-finding would be necessary" to determine who really wrote the filing.  The court points out, in response, that Ovadia was the one who signed the filing, so the responsibility is all on her:
<blockquote><i>
With respect to defendants&#8217; allegations that the majority of the Opposition was plagiarized, plaintiff and her counsel do not deny these assertions. Indeed, defendants&#8217; submissions to the Court evidence that almost the entire text of the Opposition is taken from unidentified, unattributed sources. (See Jimenez Decl., Ex. A.) Obviously, this type of conduct is unacceptable and, in the Court&#8217;s view, is sanctionable pursuant to its inherent powers. Attorney Ovadia takes the position that the Court should refrain from imposing sanctions because &#8220;additional fact-finding will be necessary&#8221; to determine which of plaintiff&#8217;s two attorneys is responsible for the plagiarism and/or the degree to which any such responsibility should be apportioned between them. (See Ovadia&#8217;s Sanctions Opp&#8217;n at 9.) The Court recognizes that Attorneys Ovadia and Ahuja dispute which of them drafted the final version of the Opposition that was ultimately filed. It is clear, however, that only Attorney Ovadia signed the Opposition. In the Court&#8217;s view, this leaves Attorney Ovadia solely liable for the sanctionable plagiarism. Cf. Kiobel v. Millson, 592 F.3d 78, 87 (2d Cir. 2010) (&#8220;&#8216;The person signing, filing, submitting, or advocating a document has a nondelegable responsibility to the court, and in most [situations] should be sanctioned for a violation.&#8217;&#8221;) (quoting Fed. R. Civ. P. 11 advisory committee note). Accordingly, pursuant to the Court&#8217;s inherent power, Attorney Ovadia is hereby fined an additional $750.00 which shall also be made payable to the Clerk of the Court on or before March 22, 2013.12
</i></blockquote>
While the court notes that the $1,500 in sanctions is relatively small, it also notes that it chose this number accounting for the additional "negative impact on Attorney Ovadia&#8217;s reputation and livelihood that will inevitably arise from her involvement in this situation."
<br /><br />
The one area where Pitbull's lawyers failed was in their attempt to force Lohan to also have to pay their fees.  The court noted that despite Lohan's claims failing, they didn't fail at a level that would have made them "frivolous."  Also, the court said that the plagiarized filing didn't lead to any real additional work for Pitbull's lawyers.  The court also slaps the wrists of Pitbull's lawyers for failing to directly raise the issue of the plagiarized filings with Ovadia, despite corresponding with her after realizing that the filing was plagiarized.<br /><br /><a href="http://www.techdirt.com/articles/20130222/08194922069/judge-mocking-lindsay-lohan-is-allowed-plagiarizing-court-filing-not-so-much.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130222/08194922069/judge-mocking-lindsay-lohan-is-allowed-plagiarizing-court-filing-not-so-much.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130222/08194922069/judge-mocking-lindsay-lohan-is-allowed-plagiarizing-court-filing-not-so-much.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>all's-well-that-ends-well</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130222/08194922069</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 29 Jan 2013 10:42:40 PST</pubDate>
<title>Prenda Tries Yet Another Loophole; But Entirely Plagiarizes Someone Else's Failed Attempt</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20130128/11362521811/prenda-tries-yet-another-loophole-entirely-plagiarizes-someone-elses-failed-attempt.shtml</link>
<guid>http://www.techdirt.com/articles/20130128/11362521811/prenda-tries-yet-another-loophole-entirely-plagiarizes-someone-elses-failed-attempt.shtml</guid>
<description><![CDATA[ Prenda Law seems to be the gift that keeps on giving if you're writing about absolutely ridiculous attempts at copyright trolling.  If 2012 was the year of Righthaven as the representative of brazen, hubristic, bullshit copyright trolling getting its due, 2013 looks to be the year of John Steele / Prenda Law (or whatever he's calling it these days). It is clearly going above and beyond what Righthaven only dreamed about.  The latest is that Prenda has sought out yet another questionable loophole in trying to force ISPs to hand over subscriber info without having to first go to court.  It's using a misreading of a Pennsylvania state law to do so (it's tried a similar move under a Florida state law, which flopped).  However, as the good folks at FightCopyrightTrolls have noticed, the argument it's using in Pennsyvania has failed in the past as well.  And not just that the general argument has failed but the specific, word-for-word argument.  That's because Prenda or its local-lawyer-for-hire, Isaac Slepner, <a href="http://fightcopyrighttrolls.com/2013/01/28/prenda-explores-a-loophole-in-pennsylvanias-law-plagiarizes-a-memo/" target="_blank">appears to have copied word for word (and stylistically too!)</a> a filing for Liberty Media (represented by Jordan Rushie), and simply slapping the Prenda shell company Guava's name at the top.  Rushie confirmed with FCT that he had nothing whatsoever to do with this new filing.
<br /><br />
Plagiarism and copyright infringement are not quite the same thing -- and there have been discussions of whether or not you can really infringe on copying a legal filing (it happens often enough, though usually in snippets, rather than wholesale).  Not that anyone took Steele's claims of "protecting" copyright seriously, but it really says something when the law firm billing itself as protecting against piracy chooses to copy top to bottom someone else's legal filing.  Check out both filings below.<br /><br /><a href="http://www.techdirt.com/articles/20130128/11362521811/prenda-tries-yet-another-loophole-entirely-plagiarizes-someone-elses-failed-attempt.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20130128/11362521811/prenda-tries-yet-another-loophole-entirely-plagiarizes-someone-elses-failed-attempt.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20130128/11362521811/prenda-tries-yet-another-loophole-entirely-plagiarizes-someone-elses-failed-attempt.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>not-particularly-shocking</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20130128/11362521811</wfw:commentRss>
</item>
<item>
<pubDate>Fri, 28 Sep 2012 08:18:06 PDT</pubDate>
<title>Bob Dylan: People Claiming I Plagiarized Them Are Pussies</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20120923/23005020495/bob-dylan-people-claiming-i-plagiarized-them-are-pussies.shtml</link>
<guid>http://www.techdirt.com/articles/20120923/23005020495/bob-dylan-people-claiming-i-plagiarized-them-are-pussies.shtml</guid>
<description><![CDATA[ I know two things about Bob Dylan. First, my father loves him and thinks he&#39;s the kind of lyrical mastermind that makes puppies weep or something. Second,&nbsp;<i>man</i> does that guy like to contradict himself. Mike recently wrote up a more general piece about how copyright law goes against how we as a people <a href="http://www.techdirt.com/articles/20120812/23153419999/why-copyright-patent-laws-go-against-how-we-create.shtml">create</a> and mentioned in passing how Bob Dylan is often cited as a gift bestowed upon the masses by copyright, despite his appropriation of others&#39; work in his lyrics. Well guess what, Mike? Bob Dylan thinks you&#39;re a pussy!<br />
<br />
Yes, reader&nbsp;<b>redrum</b> writes<i>&nbsp;</i>in about a wonderful story in which <a href="http://news.yahoo.com/bob-dylan-says-plagiarism-charges-made-wussies-pussies-001736347.html">Bob Dylan flatly states that those who have accused him of plagiarism</a> are "wussies and pussies."
<center>
<a href="http://www.flickr.com/photos/oceanyamaha/7091324605/" title="20120418IMG_1457-Microphone placement shoot by ocean yamaha, on Flickr"><img alt="20120418IMG_1457-Microphone placement shoot" src="http://farm8.staticflickr.com/7197/7091324605_bdde169d3d.jpg" width="400" /></a><br />
<span style="font-size:10px;">"Meow I would not feeeeel, so all alooooone!"</span><br />
<span style="font-size:10px;">Image <a href="http://www.flickr.com/photos/oceanyamaha/7091324605/">source</a>: CC BY 2.0</span>
</center>
No, not like that. He meant it in the demeaning ignorant way, proving his power over prose with such eloquence I haven&#39;t seen since college, when a stoned fraternity brother explained to me how awesome hazing is. In any case, the interview apparently went much deeper than simple misogyny.
<blockquote>
<i>In an interview with Rolling Stone magazine for its Friday edition, the influential singer-songwriter made his first public comments on the accusations, saying that in folk and jazz music "quotation is a rich and enriching tradition."
<br /><br />
"Everyone else can do it but not me," he complained. "There are different rules for me."</i></blockquote>

It&#39;s a fair point by Dylan, I think. I mean, so what if he appropriated lyrics like "I&#39;m not quite as cool or forgiving as I sound" almost verbatim from the biography of a Japanese mobster? That seriously isn&#39;t a big deal. And, yes, perhaps it seemed kind of strange when Dylan offered the world a <a href="http://www.techdirt.com/articles/20110929/03024916134/bob-dylan-defender-strong-copyrights-once-again-caught-copying-others.shtml">painting exhibit</a> he said was from scenes of his travels, when they were actually scenes from other people&#39;s photographs. But big deal. That&#39;s often how culture works. No harm, no foul.
<br /><br />
The problem, of course, is that there are some people who think this kind of appropriation isn&#39;t okay. That it takes away from culture, rather than adding to it. That words have the right to be owned and art should be protected. One such person, who would disagree with Bob Dylan in this case, is Bob Dylan. As we&#39;ve <a href="http://www.techdirt.com/articles/20110531/04022214486/dylan-whats-yours-is-mine-whats-mine-is-mine-too.shtml">previously</a> discussed:
<blockquote><i>
He didn&#39;t just filch songs from other people&#39;s repertoires; he stole their arrangements. (As late as 1992, he lifted Nic Jones&#39;s arrangement of Canadee-I-O, wholesale and without acknowledgment.) He did this on both sides of the Atlantic. The great Martin Carthy, who has also just turned 70, taught him Scarborough Fair, which Dylan then recycled as Girl from the North Country.&nbsp;<br />
<br />
But he treated his own songs as private property: what&#39;s yours is mine and what&#39;s mine is my own. The assertion of his individualism involved in "going electric" was in part a way of defining Dylan entirely as an individual artist and therefore as the sole owner of his own songs.&nbsp;
</i></blockquote>
And&nbsp;<i>that&#39;s&nbsp;</i>the Bob Dylan we disagree with. Of course appropriating words, or photographs, or whatever as pieces to a larger cultural output is the way folk music works. And art. And writing. And film. We all stand on the shoulders, to some degree, of those that came before us. It&#39;s a&nbsp;<i>good</i> thing. As much as Dylan is contradicting himself, he&#39;s correct to push back on those accusing him of plagiarism. But he might also have to revisit his own views on the way people use his work as well.<br /><br /><a href="http://www.techdirt.com/articles/20120923/23005020495/bob-dylan-people-claiming-i-plagiarized-them-are-pussies.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120923/23005020495/bob-dylan-people-claiming-i-plagiarized-them-are-pussies.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120923/23005020495/bob-dylan-people-claiming-i-plagiarized-them-are-pussies.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>meow</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120923/23005020495</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 26 Sep 2012 17:00:00 PDT</pubDate>
<title>DailyDirt: Journalism FAIL</title>
<dc:creator>Joyce Hung</dc:creator>
<link>http://www.techdirt.com/articles/20101220/03474312343/dailydirt-journalism-fail.shtml</link>
<guid>http://www.techdirt.com/articles/20101220/03474312343/dailydirt-journalism-fail.shtml</guid>
<description><![CDATA[ While journalists are expected to follow a certain set of standards or code of ethics, that's not always the case. Every now and again, someone breaks the rules and gets away with it -- if only temporarily, since they usually get caught in the end. One famous example is former U.S. journalist Stephen Glass, who had fabricated many articles while he was working for the magazine <i>The New Republic</i> in the 1990s. (Apparently, he's now fighting for the <a href="http://articles.latimes.com/2012/jul/04/local/la-me-adv-glass-20120704">right to practice law</a> in California, after he was denied a license in 2007 on moral grounds.) Here are a few more examples of bad journalism.

<ul>

<li> <a title="http://www.huffingtonpost.com/mobileweb/2012/09/01/wired-fires-jonah-lehrer-_n_1848459.html" href="http://huff.to/Qg0rCu">Jonah Lehrer, who had blogged for <i>Wired</i> for several years and was recently hired (and then fired) by <i>The New Yorker</i>, reportedly fabricated quotes and recycled or outright plagiarized parts of articles.</a> While Wired had initially agreed to keep Lehrer on as a features writer, after carefully examining a number of his posts, the magazine just recently decided to end its relationship with him due to his failure to "meet WIRED editorial standards" or to "follow basic good journalism practices." [<a href="http://www.huffingtonpost.com/mobileweb/2012/09/01/wired-fires-jonah-lehrer-_n_1848459.html">url</a>]</li>

<li> <a title="http://www.forbes.com/sites/davidthier/2012/07/18/how-this-guy-lied-his-way-into-msnbc-abc-news-the-new-york-times-and-more/" href="http://onforb.es/SlflrP">Ryan Holiday, marketing director at American Apparel, calls himself a "media manipulator."</a> He wrote a book called "Trust Me, I'm Lying" on how to exploit the media by lying. Even worse, he used Help a Reporter Out (HARO) and pretended to be an expert on pretty much everything -- by lying, of course -- and managed to fool reporters from MSNBC, ABC News, CBS, The New York Times, and more. He claims it was all part of an experiment. [<a href="http://www.forbes.com/sites/davidthier/2012/07/18/how-this-guy-lied-his-way-into-msnbc-abc-news-the-new-york-times-and-more/">url</a>]</li>

<li> <a title="http://gigaom.com/2012/09/25/what-a-plagiarism-epidemic-says-about-the-decline-of-print/" href="http://bit.ly/Rj47mN">Margaret Wente has been accused of plagiarism -- copying the words of another Canadian columnist for her own article in 2009 about genetically modified foods in Africa.</a> She has <a href="http://www.theglobeandmail.com/commentary/columnist-margaret-wente-defends-herself/article4565731/">responded</a> to the allegations, but her employers have also disciplined her (without revealing the details of her punishment and obviously not firing her). [<a href="http://gigaom.com/2012/09/25/what-a-plagiarism-epidemic-says-about-the-decline-of-print/">url</a>]</li>

<li> <a title="http://www.poynter.org/latest-news/regret-the-error/187335/journalisms-summer-of-sin-calls-for-leadership-transparency/" href="http://bit.ly/UXhnPp">Poynter.org has a wrap-up of the year's journalistic failings (so far) -- which it calls Journalism's Summer of Sin -- and it prescribes some measures for news organizations to prevent (and deal with) plagiarism and fabrication.</a> The year isn't over, though, so place your bets on how many more journalistic fumbles will occur before 2013. [<a href="http://www.poynter.org/latest-news/regret-the-error/187335/journalisms-summer-of-sin-calls-for-leadership-transparency/">url</a>]</li>
</ul>

If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20101220/03474312343/dailydirt-journalism-fail.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101220/03474312343/dailydirt-journalism-fail.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101220/03474312343/dailydirt-journalism-fail.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101220/03474312343</wfw:commentRss>
</item>
<item>
<pubDate>Tue, 21 Aug 2012 17:00:00 PDT</pubDate>
<title>DailyDirt: Cheaters Never Prosper?</title>
<dc:creator>Michael Ho</dc:creator>
<link>http://www.techdirt.com/articles/20100923/04515311137/dailydirt-cheaters-never-prosper.shtml</link>
<guid>http://www.techdirt.com/articles/20100923/04515311137/dailydirt-cheaters-never-prosper.shtml</guid>
<description><![CDATA[ It's hard to really know how many cheaters are actually caught taking shortcuts. Generally, people assume that the ones who get caught are representative of all cheaters -- but maybe the smart cheaters are never caught... and really <i>do</i> prosper. Here are just a few known cheaters... and not all of them have faced up to any consequences.

<ul>

<li> <a title="http://www.npr.org/blogs/thetorch/2012/08/10/158590376/gaming-the-games-the-rules-that-got-bent-in-london" href="http://n.pr/Rcp6rM">South African Olympian Cameron van der Burgh set a world record in the men's 100-meter breaststroke (and won a gold medal), but later he admitted to using more dolphin kicks than are officially allowed.</a> He's not the only one doing it, but that doesn't make it right (just like peeing in the pool). [<a href="http://www.npr.org/blogs/thetorch/2012/08/10/158590376/gaming-the-games-the-rules-that-got-bent-in-london">url</a>]</li>

<li> <a title="http://news.bbc.co.uk/2/hi/uk_news/2823407.stm" href="http://bbc.in/OSFWg1">In the UK, Charles Ingram cheated "Who Wants To Be A Millionaire?" with a simple system of having his wife cough at the correct answers.</a> Ingram and his accomplices were found guilty of cheating by a jury, but maybe if they'd used a slightly less obvious audible system... [<a href="http://news.bbc.co.uk/2/hi/uk_news/2823407.stm">url</a>]</li>

<li> <a title="http://www.slate.com/articles/sports/gaming/2012/08/scrabble_cheating_the_real_story_behind_the_stolen_blanks_scandal_at_the_national_scrabble_championship_.html" href="http://slate.me/ON9MNl">The 2012 National Scrabble Championship was marred by a boy caught palming blank tiles.</a> Cheating at Scrabble is considered such a rare event that a fake wunderkind caught red handed made national news. [<a href="http://www.slate.com/articles/sports/gaming/2012/08/scrabble_cheating_the_real_story_behind_the_stolen_blanks_scandal_at_the_national_scrabble_championship_.html">url</a>]</li>

<li> <a title="http://www.slate.com/blogs/future_tense/2012/08/20/coursera_plagiarism_why_would_students_cheat_in_a_free_online_class_that_doesn_t_over_academic_credit_.html" href="http://slate.me/TQyilo">Surprise: students enrolled in online classes with Coursera have been found cheating with dozens of cases of alleged plagiarism.</a> Students don't (currently) earn any real credits from these classes, but that will likely change someday. So when more online classes actually have value, there will be far more than a few dozen cheaters. [<a href="http://www.slate.com/blogs/future_tense/2012/08/20/coursera_plagiarism_why_would_students_cheat_in_a_free_online_class_that_doesn_t_over_academic_credit_.html">url</a>]</li>

</ul>


If you'd like to read more awesome and interesting stuff, check out this unrelated (but not entirely random!) <a title="http://www.stumbleupon.com/to/stumble/stumblethru:www.techdirt.com" href="http://bit.ly/fagV8c">Techdirt post</a>.<br /><br /><a href="http://www.techdirt.com/articles/20100923/04515311137/dailydirt-cheaters-never-prosper.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100923/04515311137/dailydirt-cheaters-never-prosper.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100923/04515311137/dailydirt-cheaters-never-prosper.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>urls-we-dig-up</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100923/04515311137</wfw:commentRss>
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<item>
<pubDate>Fri, 17 Aug 2012 11:54:33 PDT</pubDate>
<title>Band Calls 1st Amendment A 'Buzzword' In (Plagiarized) C&amp;D To Mitt Romney Over (Licensed) Use Of Song</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20120817/06215720081/band-calls-1st-amendment-buzzword-plagiarized-cd-to-mitt-romney-over-licensed-use-song.shtml</link>
<guid>http://www.techdirt.com/articles/20120817/06215720081/band-calls-1st-amendment-buzzword-plagiarized-cd-to-mitt-romney-over-licensed-use-song.shtml</guid>
<description><![CDATA[ It&#39;s election season, people. You know what that means. It means <a href="http://www.techdirt.com/articles/20120808/06325419962/why-targeted-online-political-ads-can-be-dangerous-to-campaign.shtml">irritating</a> and/or <a href="http://www.techdirt.com/articles/20120816/02114020071/hilarious-attack-ad-florida-suggests-that-legalizing-autonomous-vehicles-puts-old-people-risk.shtml">hysterically innaccurate</a> advertisements. It&#39;s the time of year when roughly ninety percent of your social media "friends" become "fully vetted political pundits" to the point where you want to "throw them out of a five story window if only you could reach through your computer and get to them." And, because any creator you might believe in apparently&nbsp;understands that&nbsp;we need a little comic relief at times like this, it&#39;s that special time when politicians use&nbsp;tunes at campaign&nbsp;events, resulting in angry musicians (because they&#39;re also "fully vetted political pundits" to the point where you want to...well, you get the picture).<br />
<br />
The list for this kind of nonsense runs long. There was that time when <a href="http://www.techdirt.com/articles/20080905/0231272177.shtml">Heart insisted McCain</a> stop introducing Sarah "Barracuda" Palin with their well-known song. Then there was a magical moment where former-Eagles guitarist Joe Walsh sued Republican Congressional candidate Joe Walsh (...seriously) over the use of one of his songs. Tom Petty went after Michelle Bachman. Survivor&#39;s Frankie Sullivan went after Newt Gingrich. Even Hollwood Ronald Reagan got into it with The Boss by hillariously using <a href="http://articles.cnn.com/2004-06-16/entertainment/reagan.80s_1_cosby-show-pop-culture-family-ties?_s=PM:SHOWBIZ">Born In The U.S.A.</a> as some kind of pro-America rallying cry (when the song&#39;s message is the exact opposite).<br />
<br />
Which brings us to Mitt Romney, who apparently played Sliversun Pickups&#39; song Panic Switch at a campaign rally (again, hilarious) <a href="http://www.cnn.com/2012/08/16/politics/music-in-campaigns/index.html?hpt=hp_c1">only to find a cease and desist letter in his mailbox</a>.&nbsp;
<blockquote>
<i>The rock band Silversun Pickups this week <a href="http://politicalticker.blogs.cnn.com/2012/08/15/band-demands-that-romney-campaign-stop-using-its-song/">served Romney&#39;s campaign</a> with a cease-and-desist order after it says Romney&#39;s campaign used its song "Panic Switch" at an event earlier this month.</i>
<p class="cnn_storypgraphtxt cnn_storypgraph3">
<br />
<i>"Seems as if the GOP is once again whimsically ignoring our great nation&#39;s laws to do whatever it wants to do, and shooting itself in the foot in the process," band representative Ken Weinstein said in a statement.</i>
</p></blockquote>
Interestingly, as with many of the aforementioned examples, Romney may well have done nothing of the sort. Most of these campaigns have a blanket license to use such music and, while the cease and desist letter reportedly also included a mention of Trademark law, they&#39;re likely covered on both ends. The blanket license takes care of copyright, and the fact that I&#39;m fairly certain Mitt Romney is <i>not</i> about to launch a new career venture which in any way involves him performing as a musician should nix the trademark issue. Even if the band disagrees with Mr. Romney&#39;s politics, that isn&#39;t cause for them to exclude his campaign from using what is covered by the license for which they paid.
<br /><br />
For what it&#39;s worth, this isn&#39;t the first time Romney has had to deal with this kind of thing, either. Both Al Green and K&#39;naan have had recent scuffles over the use of their music. For you young kids out there, Al Green made the music your parents were listening to as you were being conceived. And for you older folks, K&#39;naan, judging solely by his name, is apparently an alien from Rob Reid&#39;s <a href="http://www.techdirt.com/articles/20120710/03053019638/excerpt-rob-reids-year-zero-plus-chance-to-win-book.shtml">Year Zero</a> universe.
<br /><br />
In any case, from the band&#39;s perspective, given the speciousness of their claims, they probably would have been better served simply voicing not only their disagreement with the Romney campaign&#39;s politics, but pointing out the absurdity of using a song with a title that is the very antithesis of a campaign working feverishly to demonstrate that it is in control. What they should <i>not</i> have done is hire an attorney who wrote their cease and desist letter, full of smug educational quips about copyright and trademark law, and that referred to such serious topics as the First Amendment and Fair Use in this manner:
<blockquote>
<i>"We anticipate that you, or your general counsel, may respond to this letter with a letter of your own using all those neat lawyerly words like &ldquo;First Amendment,&rdquo; &ldquo;fair use&rdquo; and &ldquo;parody.&rdquo; Please know that none of those buzzwords (or the law they represent) works for you here."</i>
</blockquote>
As Public Knowledge rightly points out, <a href="http://www.publicknowledge.org/blog/first-amendment-not-buzzword-silversun-pickup">these are not buzzwords</a>. They are also not "lawyerly" words. The First Amendment is more of a Constitutionly term and Fair Use and Parody are Case-Law-ly terms. Snide degredation does not a good legal notice make.
<p class="cnn_storypgraphtxt cnn_storypgraph3">
<br />
On the other hand, perhaps the band&#39;s legal team can find respite from those snide remarks in the fact that their cease and desist letter <a href="http://www.hollywoodreporter.com/thr-esq/mitt-romney-silversun-pickups-cease-desist-plagiarize-363191"><i>may have been plagiarized</i></a> from the attorney that wrote his letter for Joe Walsh when he was (I still can&#39;t belive this) complaining about Joe Walsh. Lest your sweet little minds think that this is too funny to be real, I give you this quote from Silversun Pickup&#39;s lawyer, Tamara Milgros-Butler:
<blockquote>
<i>"When I needed to write a cease and desist letter, I did what almost any contract lawyer does many times day and I looked at historic forms," she says. "I simply loved the tone of this language (in the Walsh letter). And geez, I looked back when my boss raised the issue and ran a red-line comparison. While the language isn&#39;t precisely the same, I borrowed liberally from Peter&#39;s letter."</i></blockquote>
<blockquote>
<i>Asked whether she regrets what she did, Milagros-Butler says "I regret not looking back or thinking more. I regret not thinking more backwards to see if it was our letter or someone else&#39;s. If I thought about it more, I would have realized that we didn&#39;t represent Joe Walsh."</i></blockquote>
God bless America (please don&#39;t send a C&amp;D letter, Irving Berlin. I totally loved White Christmas. Also, you&#39;re dead, so you probably can&#39;t hear me.).
</p><br /><br /><a href="http://www.techdirt.com/articles/20120817/06215720081/band-calls-1st-amendment-buzzword-plagiarized-cd-to-mitt-romney-over-licensed-use-song.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120817/06215720081/band-calls-1st-amendment-buzzword-plagiarized-cd-to-mitt-romney-over-licensed-use-song.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120817/06215720081/band-calls-1st-amendment-buzzword-plagiarized-cd-to-mitt-romney-over-licensed-use-song.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>campaign-supernova</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120817/06215720081</wfw:commentRss>
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<pubDate>Wed, 15 Aug 2012 00:25:28 PDT</pubDate>
<title>Solving Potential Plagiarism Through Mutual Respect And Understanding</title>
<dc:creator>Zachary Knight</dc:creator>
<link>http://www.techdirt.com/articles/20120802/06584819916/solving-potential-plagiarism-through-mutual-respect-understanding.shtml</link>
<guid>http://www.techdirt.com/articles/20120802/06584819916/solving-potential-plagiarism-through-mutual-respect-understanding.shtml</guid>
<description><![CDATA[ Back in June, we shared a story in which a comic artist had claimed that another artist had "<a href="http://www.techdirt.com/articles/20110629/02420114901/just-because-two-things-are-similar-doesnt-mean-one-rips-off-other.shtml">ripped off</a>" her idea. We even took the time to remind people that multiple comedians can come up with the <a href="http://www.techdirt.com/articles/20110521/16034014377/yes-multiple-people-come-up-with-same-joke-its-not-stealing-not-even-copying.shtml">same joke</a> independently of each other. These situations are nothing new in comedy. In such situations, the person who feels ripped off has a number of choices. They can threaten to sue the other person. They can use <a href="http://www.techdirt.com/articles/20100331/0414578802.shtml">social mores</a> to shame the other person. Or they can go a totally different route -- one in which everyone comes out a winner.<br />
<br />
Over at the Bizzaro Blog, home to Dan Piraro's Bizzaro Comic, Piraro writes about a recent <a href="http://www.bizarrocomics.com/?p=6682" target="_blank">incident he had over one of his recently published comics</a>.
<blockquote>
<i>Here's a bit of a sticky wicket I thought you Jazz Pickles might find interesting. After my pantsless doctor cartoon appeared in papers the other day I got an email from my friend and colleague, Dan Reynolds. Dan is a terrifically talented and successful cartoonist whose work I have always admired. It seems my doctor cartoon is uncomfortably close to a very popular one that he did some years ago.</i></blockquote>
In most similar situations we report on here, this is the part where the person complaining usually sends a legal threat of some sort. But that is not what happened. What happened was something refreshing and quite out of the norm, at least in these circles. Both artists realized that people can come up with the same joke independently and then brushed the incident off.
<blockquote>
<i>Did I steal this cartoon? Of course not and Dan did not accuse me of it. Cartoonists with a large readership and an I.Q. above 75 (me) are not foolish enough to publish a stolen cartoon, especially from someone with an equally large readership (Dan R.).</i><br />
<br />
<i>...</i><br />
<br />
<i>Oh well, these things happen. Dan R. was a gentlemen about it and readily accepted our apology. We're all still friends. :o)</i></blockquote>
What amazes me here is that two grown adults actually acted like adults. Why can't we have more of these kinds of interactions? Even when the idea was almost identical, both were able to look past that and see the reality of the situation.<br />
<br />
In response to the unfortunate incident, Piraro has decided to take a bit more precaution in the future. He has decided to do Google image searches of future ideas, just to make sure that he doesn't step on the toes of anyone else. However, he recognizes that even that plan has a glaring weakness.
<blockquote>
<i>Cliff and I work together frequently so we committed to redouble our efforts to Google-Image-search all of our ideas to make sure no one else had gotten there first. The thing is, though, we decided to retro-search this one and could not find it under any of the titles we could think of. &ldquo;Backwards Doctor Coat Cartoon&rdquo; was our most obvious choice but Dan&rsquo;s cartoon didn&rsquo;t show up in that search. So we still would have been screwed.</i></blockquote>
So even if he does a search, there are no guarantees that someone else's work would come up which matches his idea. Under these circumstances, how much effort should one allow? I would say that even doing the initial search is probably more than enough. It is more than you are actually required to do. Yet, there are some people out there that seem to think that is not enough -- that a person in Piraro's situation should have just known about that other comic. But as Piraro has shown, it is just not possible to cover all your bases.<br />
<br />
All in all, this is a great experience for all the things it can teach us. 1) Acting like adults when a situation arises results in mutually beneficial results. 2) Recognizing that no joke is a unique flower incapable of being copied unintentionally is a wise move. 3) That even the best Google-fu cannot prevent you from unintentionally copying someone else's joke. Sounds like some pretty good lessons to me.<br /><br /><a href="http://www.techdirt.com/articles/20120802/06584819916/solving-potential-plagiarism-through-mutual-respect-understanding.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120802/06584819916/solving-potential-plagiarism-through-mutual-respect-understanding.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120802/06584819916/solving-potential-plagiarism-through-mutual-respect-understanding.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>jazz-pickles</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120802/06584819916</wfw:commentRss>
</item>
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<pubDate>Fri, 10 Aug 2012 05:49:30 PDT</pubDate>
<title>Social Shaming Works Faster Than Legal Recourse</title>
<dc:creator>Timothy Geigner</dc:creator>
<link>http://www.techdirt.com/articles/20120730/07105419881/social-shaming-works-faster-than-legal-recourse.shtml</link>
<guid>http://www.techdirt.com/articles/20120730/07105419881/social-shaming-works-faster-than-legal-recourse.shtml</guid>
<description><![CDATA[ In the right hands, social media is a powerful tool. It can send canine-themed rappers to <a href="http://www.techdirt.com/articles/20120718/18350719751/internet-wins-again-writer-gets-rapper-pitbull-exiled-to-alaskan-walmart.shtml">Palin-land</a>, for instance. Some governments have even taken to the internet to <a href="http://www.techdirt.com/articles/20051223/1127225.shtml">publically shame </a>tax evaders. But now we have a story of a couple of authors who found that imploring their well-connected customers to shame plagirists on their behalf may be a better route than legal recourse.<br />
<br />
Reader <a href="http://www.techdirt.com/profile.php?u=blinddrew">drew</a> writes in about the story of two fiction authors, John Scalzi (whom you may recognize from when we wrote about his<a href="http://www.techdirt.com/articles/20080228/175453383.shtml"> free ebook </a>experiment) and CJ Cherryh, who found that there were <a href="http://www.business2community.com/trends-news/fan-protests-new-front-in-the-copyright-wars-0222932">people selling the authors&#39; works under a different name on Amazon&#39;s site</a>. They sent their DMCA notices and waited in frustration as their publishers worked with the site to get all of the infringing works taken down. This admittedly has to be frustrating for victims, but fortunately the authors weren&#39;t content to sit on their hands and be pissed off.
<blockquote>
<i>"Both writers also posted a request for their Facebook fans to write scathing one-star reviews of Mr. Farabi&#39;s books, and warn others about the scan. By noon on Sunday, July 15th, all six of "Mr. Farabi&#39;s books" had been pulled, and were no longer for sale on Amazon.com. Score one for irate fans and copyright holders!"</i></blockquote>
The point here is that if you truly connect with your fans, they will be willing to fight on your behalf in situations such as this, and that is a far cry from the theory that everyone on the internet simply wants everything for free. But it takes work and a willingness to connect with your fan-base, so that the fans are willing to support you in this manner. Still, that work pays off in the passion those true fans will demonstrate.
<br /><br />
And content creators, be they authors, musicians, or movie-makers, have no greater ally than a passionate fan-base. Those fans, as demonstrated here, are a more effective anti-piracy weapon than any legislation you can dream up, because while some companies on the internet may or may not be interested in acting as the "copyright police," they will sure as hell listen to their customers.<br /><br /><a href="http://www.techdirt.com/articles/20120730/07105419881/social-shaming-works-faster-than-legal-recourse.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120730/07105419881/social-shaming-works-faster-than-legal-recourse.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120730/07105419881/social-shaming-works-faster-than-legal-recourse.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>uh-oh-lawyers</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120730/07105419881</wfw:commentRss>
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<item>
<pubDate>Wed, 30 May 2012 09:18:00 PDT</pubDate>
<title>Apple CEO: When Others Violate Our Patents, They're Copying Our Hard Work; When We Violate Patents, The System Is Broken</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120530/02494519121/apple-ceo-when-others-violate-our-patents-theyre-copying-our-hard-work-when-we-violate-patents-system-is-broken.shtml</link>
<guid>http://www.techdirt.com/articles/20120530/02494519121/apple-ceo-when-others-violate-our-patents-theyre-copying-our-hard-work-when-we-violate-patents-system-is-broken.shtml</guid>
<description><![CDATA[ Apple has certainly been quite the aggressor over the last few years when it comes to patents, so it's interesting to hear that, at the latest All Things D Conference, CEO Tim Cook <a href="http://www.appleinsider.com/articles/12/05/30/tim_cook_standards_essential_patent_system_is_broken.html" target="_blank">appears to have a bit of a double standard</a>.  You see, when others infringe upon Apple's patents, he insists that they're somehow copying all of Apple's hard work, and that's unfair.  Cook uses a ridiculous plagiarism analogy:
<blockquote><i>
He compared patent infringement to signing one's name on a painting that someone else put energy into finishing. Cook stressed the importance of companies building their own stuff so that Apple would not be "the developer for the rest of the world."
</i></blockquote>
Kinda like, you know, how Apple "signed its name" to the graphical user interface developed at Xerox PARC?  Or the mouse developed at SRI?  Or multitouch browsing, developed by a bunch of other folks prior to the iPhone?  Sure, Apple improved on all of these things, and many other things as well, but Apple is <i>famous</i> for taking the developments done elsewhere and merely putting a nice final consumer-friendly coat of paint on it.  No doubt, this is an important step, but it's ridiculous to pretend that Apple has come up with the various ideas it has and no one else could have possibly developed the same things.  And, of course, plagiarism (claiming credit for something you didn't do) is an entirely separate issue from infringement (using an invention/creative work without authorization).  So it seems silly to even use that analogy.
<br /><br />
Of course, then Walt Mossberg brings up the fact that Apple is, in fact, the target of many patent lawsuits as well... and suddenly Cook's tone changes, insisting that those cases are <i>different</i>:
<blockquote><i>
&#8220;The vast majority of those are on standards-essential patents,&#8221; he said, adding that it's an area where today's patent system is "broken."
</i></blockquote>
Now, to some extent he's correct that patent battles over "standards-essential" patents are particularly nefarious, but it still seems like quite the double standard to insist that the patents that Apple has asserted against various makers of Android tablets and smartphones aren't equally silly and destructive to basic market competition.  Apple makes great products that people love.  If only it would let those products compete fairly in the market, it could save money on the bruising legal fights it's involved in <a href="http://www.techdirt.com/articles/20120430/01481918697/apple-samsungs-patent-nuclear-war-50-lawsuits-10-countries-1-year.shtml">around the globe</a>.  Cook admitted that patent battles are "overhead" and he wished the fights weren't so costly.  Of course, that would be a lot more convincing if the company hadn't launched so many patent battles itself.<br /><br /><a href="http://www.techdirt.com/articles/20120530/02494519121/apple-ceo-when-others-violate-our-patents-theyre-copying-our-hard-work-when-we-violate-patents-system-is-broken.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120530/02494519121/apple-ceo-when-others-violate-our-patents-theyre-copying-our-hard-work-when-we-violate-patents-system-is-broken.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120530/02494519121/apple-ceo-when-others-violate-our-patents-theyre-copying-our-hard-work-when-we-violate-patents-system-is-broken.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>double-standards</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120530/02494519121</wfw:commentRss>
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<item>
<pubDate>Tue, 29 May 2012 03:03:00 PDT</pubDate>
<title>Which is Worse -- Sharing With Attribution, Or Plagiarism Without?</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120518/09461818972/which-is-worse-sharing-with-attribution-plagiarism-without.shtml</link>
<guid>http://www.techdirt.com/articles/20120518/09461818972/which-is-worse-sharing-with-attribution-plagiarism-without.shtml</guid>
<description><![CDATA[ <p>At the end of last year we <a href="http://www.techdirt.com/articles/20111212/11022617048/eus-adviser-supporting-net-activists-previously-forced-german-governmentby-net-activists.shtml">wrote</a> about the case of Karl-Theodor zu Guttenberg, former Federal Minister of Defense in Germany, who lost both his post and his doctorate when it turned out that he had plagiarized portions of his doctoral thesis.  Now <a href="http://news.sciencemag.org/scienceinsider/2012/05/german-research-minister-faces.html">the journal Science is reporting another possible case</a>:

<i><blockquote>German Education and Research Minister Annette Schavan is facing allegations that she plagiarized parts of her dissertation, published in 1980. A Web site, called schavanplag (in German) has listed 56 incidents in which the anonymous accuser says Schavan copied phrasing from improperly cited sources.</blockquote></i>

That on its own might not be so remarkable, were it not for the fact that there have been at least two other recent cases of plagiarism by German politicians -- <a href="http://www.thelocal.de/politics/20110615-35689.html">Silvana Koch-Mehrin</a> in June last year, and <a href="http://www.thelocal.de/politics/20110714-36291.html">Jorgo Chatzimarkakis</a> a month later. 
</p><p>
Now, I don't know what exactly the positions of all those German politicians were on unauthorised sharing of files online, but I somehow doubt that any of them approved of it.  And yet they seem not to have had any qualms about copying other people's work and passing it off  as their own.
</p><p>
Beyond the double standards involved, there's another important point to be made here, I think. Plagiarism is about denying creators attribution that is rightly theirs.  When people share files online, by contrast, there is no attempt to pass them off as their own work -- the attribution is always preserved, because otherwise people wouldn't know what they were downloading.  
</p><p>
That's probably why online sharing can sometimes <a href="http://www.techdirt.com/articles/20120517/16400818960/new-study-says-leaked-albums-popular-artists-lead-to-more-sales.shtml">increase</a> the sales of the works involved: it's a way of signalling that you enjoy something -- and a personal recommendation is perhaps the most powerful form of marketing around.  Plagiarism, on the other hand, is a conscious attempt to boost your own reputation by depriving others of the recognition they are due, with all that this implies for lost rewards.  
</p><p>
So which is worse?  And which one should German politicians be most concerned about?
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120518/09461818972/which-is-worse-sharing-with-attribution-plagiarism-without.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120518/09461818972/which-is-worse-sharing-with-attribution-plagiarism-without.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120518/09461818972/which-is-worse-sharing-with-attribution-plagiarism-without.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>spot-the-thief</slash:department>
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<item>
<pubDate>Fri, 11 May 2012 19:39:00 PDT</pubDate>
<title>Mark Twain: Copyright Maximalist Who Also Believed That Nearly All Human Utterances Were Plagiarism?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120511/03575518878/mark-twain-copyright-maximalist-who-also-believed-that-nearly-all-human-utterances-were-plagiarism.shtml</link>
<guid>http://www.techdirt.com/articles/20120511/03575518878/mark-twain-copyright-maximalist-who-also-believed-that-nearly-all-human-utterances-were-plagiarism.shtml</guid>
<description><![CDATA[ In copyright circles, Mark Twain's <a href="http://www.thecapitol.net/Publications/testifyingbeforecongress_Twain.html" target="_blank">speech to Congress</a> in 1906 is well known as being the point at which he made clear his desire that copyright should be vastly expanded to make sure his kids kept earning money:
<blockquote><i>
My copyrights produce to me annually a good deal more money than I have any use for. But those children of mine have use for that. I can take care of myself as long as I live. I know half a dozen trades, and I can invent a half a dozen more. I can get along. But I like the fifty years' extension, because that benefits my two daughter, who are not as competent to earn a living as I am, because I have carefully raised them as young ladies, who don't know anything and can't do anything. So I hope Congress will extend to them that charity which they have failed to get from me.
</i></blockquote>
He later argues for infinite copyright:
<blockquote><i>
The English idea of copyright, as I found, was different, when I was before the committee of the House of Lords, composed of seven members I should say. The spokesman was a very able man, Lord Thring, a man of great reputation, but he didn't know anything about copyright and publishing. Naturally be didn't, because he hadn't been brought up to this trade. It is only people who have had intimate personal experience with the triumphs and griefs of an occupation who know how to treat it and get what is justly due.
<br /><br />
Now that gentleman had no purpose or desire in the world to rob anybody or anything, but this was the proposition--fifty years extension--and he asked me what I thought the limit of copyright ought to be.
<br /><br />
"Well," I said, "perpetuity." I thought it ought to last forever.
</i></blockquote>
Some have argued, somewhat convincingly, that Twain as actually doing a somewhat brilliant satire, which not everyone understood.  That would be awesome, if true, and there are some hints that it may very well be.  However, it does appear that Twain himself was somewhat more conflicted on this particular issue.  Siva Vaidhyanathan has an <a href="http://craphound.com.nyud.net:8080/CRCWChapter2.pdf" target="_blank">entire chapter</a> (pdf) of his excellent book, <i>Copyrights and Copyrwrongs</i>, devoted to Twain's fluctuating views on copyright.  However, he does suggest that later on in life -- from 1898 onward basically -- Twain appeared to be a strong maximalist.
<br /><br />
So it's interesting to then discover, via <a href="https://plus.google.com/u/0/107055867331675327046/posts/SvWE7mP5igz" target="_blank">Joe Betsill</a>, that during that same period, Twain argued that <a href="http://www.lettersofnote.com/2012/05/bulk-of-all-human-utterances-is.html" target="_blank">"the substance, the bulk, the actual and valuable material of all human utterances&#8212;is plagiarism"</a> and that this wasn't a bad thing.  The specifics are that Twain was writing a letter to Helen Keller, who a decade earlier (at 12-years of age) had just gone through a controversy in which she was accused of plagiarizing heavily from another book for her own work, <i>The Frost King</i>.  Twain wrote to Keller, with whom he was friendly, after learning about the plagiarism accusations:
<blockquote><i>
Oh, dear me, how unspeakably funny and owlishly idiotic and grotesque was that "plagiarism" farce! As if there was much of anything in any human utterance, oral or written, except plagiarism! The kernel, the soul&#8212;let us go further and say the substance, the bulk, the actual and valuable material of all human utterances&#8212;is plagiarism. For substantially all ideas are second-hand, consciously and unconsciously drawn from a million outside sources, and daily use by the garnerer with a pride and satisfaction born of the superstition that he originated them; whereas there is not a rag of originality about them anywhere except the little discoloration they get from his mental and moral calibre and his temperament, and which is revealed in characteristics of phrasing. When a great orator makes a great speech you are listening to ten centuries and ten thousand men&#8212;but we call it his speech, and really some exceedingly small portion of it is his. But not enough to signify. It is merely a Waterloo. It is Wellington's battle, in some degree, and we call it his; but there are others that contributed. It takes a thousand men to invent a telegraph, or a steam engine, or a phonograph, or a telephone or any other important thing&#8212;and the last man gets the credit and we forget the others. He added his little mite&#8212;that is all he did. These object lessons should teach us that ninety-nine parts of all things that proceed from the intellect are plagiarisms, pure and simple; and the lesson ought to make us modest. But nothing can do that.
<br /><br />
Then why don't we unwittingly reproduce the phrasing of a story, as well as the story itself? It can hardly happen&#8212;to the extent of fifty words except in the case of a child; its memory-tablet is not lumbered with impressions, and the actual language can have graving-room there, and preserve the language a year or two, but a grown person's memory-tablet is a palimpsest, with hardly a bare space upon which to engrave a phrase. It must be a very rare thing that a whole page gets so sharply printed on a man's mind, by a single reading, that it will stay long enough to turn up some time or other to be mistaken by him for his own. No doubt we are constantly littering our literature with disconnected sentences borrowed from books at some unremembered time and now imagined to be our own, but that is about the most we can do. In 1866 I read Dr. Holmes's poems, in the Sandwich Islands. A year and a half later I stole his dedication, without knowing it, and used it to dedicate my "Innocents Abroad" with. Then years afterward I was talking with Dr. Holmes about it. He was not an ignorant ass&#8212;no, not he; he was not a collection of decayed human turnips, like your "Plagiarism Court;" and so when I said, "I know now where I stole it, but whom did you steal it from," he said, "I don't remember; I only know I stole it from somebody, because I have never originated anything altogether myself, nor met anyone who had."
<br /><br />
To think of those solemn donkeys breaking a little child's heart with their ignorant rubbish about plagiarism! I couldn't sleep for blaspheming about it last night. Why, their whole lives, their whole histories, all their learning, all their thoughts, all their opinions were one solid rock of plagiarism, and they didn't know it and never suspected it. A gang of dull and hoary pirates piously setting themselves the task of disciplining and purifying a kitten that they think they've caught filching a chop! Oh, dam&#8212;
</i></blockquote>
That was sent in 1903.  Yet just three years later, he was arguing to Congress that ideas were property and should remain in the possession of those that created them forever:
<blockquote><i>
So if I could have convinced that gentleman that a book which does consist solely of ideas, from the base to the summit, then that would have been the best argument in the world that it is property, like any other property, and should not be put under the ban of any restriction, but that it should be the property of that man and his heirs forever and ever, just as a butcher shop would be, or--I don't care--anything, I don't care what it is. It all has the same basis. The law should recognize the right of perpetuity in this and every other kind of property.
</i></blockquote>
Now, plagiarism and copyright are not exact equivalents -- though there can (and often is) significant overlap.  But it's difficult to see how the same person can reasonably argue both points.  Perhaps that lends some credence to the claims that the Congressional hearing was, in fact, satire.  Either way, I think I like the 1903 Mark Twain waxing poetically on how all ideas are plagiarism much more than the 1906 Mark Twain whining about how his children are too useless to do anything and need to keep making money from his books long after he's dead.<br /><br /><a href="http://www.techdirt.com/articles/20120511/03575518878/mark-twain-copyright-maximalist-who-also-believed-that-nearly-all-human-utterances-were-plagiarism.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120511/03575518878/mark-twain-copyright-maximalist-who-also-believed-that-nearly-all-human-utterances-were-plagiarism.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120511/03575518878/mark-twain-copyright-maximalist-who-also-believed-that-nearly-all-human-utterances-were-plagiarism.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>contradiction-or-satire?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120511/03575518878</wfw:commentRss>
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<pubDate>Fri, 23 Mar 2012 10:31:00 PDT</pubDate>
<title>Lindsay Lohan's Lawyer's Loopy Legal Argument Laced With Lifted Language?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120323/01363318218/lindsay-lohans-lawyers-loopy-legal-argument-laced-with-lifted-language.shtml</link>
<guid>http://www.techdirt.com/articles/20120323/01363318218/lindsay-lohans-lawyers-loopy-legal-argument-laced-with-lifted-language.shtml</guid>
<description><![CDATA[ Now here's a weird one. THResq has a report concerning Lindsay Lohan's lawyer in her ridiculous case against the rapper Pitbull.  That lawyer has now been <a href="http://www.hollywoodreporter.com/thr-esq/lindsay-lohan-pitbull-lawsuit-lawyer-accused-plagiarism-303440" target="_blank">accused of plagiarizing most of a recent filing</a> which tried to argue that Pitbull's First Amendment rights weren't an issue in the case.  If you don't remember, Lohan <a href="http://www.techdirt.com/articles/20110824/01523415650/apparently-youre-not-a-list-celebrity-unless-youre-involved-some-sort-bogus-defamation-lawsuit.shtml">sued Pitbull</a> because he had a lyric in a song that reads "I got it locked up like Lindsay Lohan."  According to Lohan's lawyer, this violates her publicity rights under NY state law.  Publicity rights, of course, are a relatively recent phenomenon, found in various states, that are now being <a href="http://www.techdirt.com/articles/20101020/03475811495/the-rise-of-a-new-intellectual-property-category-ripe-for-trolling-publicity-rights.shtml">abused widely</a> by semi-famous people to try to stop others from talking about them.
<br /><br />
Lohan's lawyers seem to be particularly enamored with using publicity rights claims in new and increasingly bizarre ways.  She's <a href="http://www.techdirt.com/articles/20100309/0742438479.shtml">sued E*Trade</a> for one of its commercials that refers to a baby named Lindsay and says she's a "milkaholic."  Despite no other connection to Lohan, her lawyer insisted this was a violation of her publicity rights.  Then there was the time that she <a href="http://www.techdirt.com/articles/20110318/02312313535/lindsay-lohan-claims-surveillance-tape-her-stealing-necklace-violates-her-publicity-rights.shtml">threatened the jewelry store</a> from which she took a necklace, leading to her arrest.  What was the threat about?  Believe it or not, the claim was that the video store surveillance footage was a violation of her publicity rights.  Yeah.
<br /><br />
Either way, Pitbull's lawyers filed their <a href="http://ia600709.us.archive.org/34/items/gov.uscourts.nyed.323902/gov.uscourts.nyed.323902.9.0.pdf" target="_blank">motion to dismiss</a> (pdf) not too long ago, arguing that Lohan failed to state a legitimate claim:
<blockquote><i>
... the First Amendment bars her claims because the Song is protected artistic expression.  Moreover, the incidental use of Ms. Lohan's name was not for advertising and trade purposes and therefore is not proscribed by Section 51 as a matter of plain and unmistakable law.  Ms. Lohan's remaining causes of action are equally baseless, since she has not -- and cannot -- allege facts warranting injunctive relief, monetary damages for severe emotional trauma or a finding of unjust enrichment.
</i></blockquote>
Honestly, this should be a pretty easy case to dismiss, and I'd be surprised if the judge let it go much further.  However, Lohan's lawyer, Stephanie Ovadia responded to that with <a href="http://ia600709.us.archive.org/34/items/gov.uscourts.nyed.323902/gov.uscourts.nyed.323902.11.0.pdf" target="_blank">an opposition filing</a> that rambles on bizarrely about a variety of topics from the First Amendment to publicity rights to trademark law to consciousness (seriously, see below), with little effort to actually explain what that has to do with the case.  For example, there are random discussions of "non-verbal expression," tattoos, inciting lawless behavior, trademark infringement, celebrity look-alikes and whether or not any of that is covered by the First Amendment.  Of course, absolutely none of that has anything whatsoever to do with the case at hand or the issues it raises.  Nor does Ovadia even attempt to try to connect these issues to the case.
<br /><br />
There are also just some outright bizarre parts in the filing:
<blockquote><i>
The threshold of consciousness is the dividing line between something that can be processed by the conscious mind and something that enters the subconscious mind without any such processing.  A hidden message is not intense enough to produce a sensation but has sufficient intensity to influence the behavior and mental processes of one's mind.  The decisions the conscious mind makes are based upon the knowledge and reasoning skills one has developed through experience and education....
</i></blockquote> 
It goes on in the same manner for a few more sentences, never once even coming anywhere near a legal point, nor referencing any part of the case.
<br /><br />
Pitbull's lawyers quickly hit back with a <a href="http://ia700709.us.archive.org/34/items/gov.uscourts.nyed.323902/gov.uscourts.nyed.323902.12.0.pdf" target="_blank">filing</a> (pdf) and <a href="http://ia700709.us.archive.org/34/items/gov.uscourts.nyed.323902/gov.uscourts.nyed.323902.13.1.pdf" target="_blank ">exhibit</a> (pdf) of their own, noting that Lohan's filing doesn't actually address the pretty clear legal issues raised in their initial motion... and also pointing out that perhaps the reason the filing is so nonsensical is because nearly all of it is plagiarized from random web sources, which they highlight in a handy chart.  That bizarre quoted text above apparently comes from the <a href="http://library.thinkquest.org/28162/legal.html" target="_blank">Thinkquest library</a>, which appears to be a project of the Oracle Education Foundation, and whose content is <a href="http://www.thinkquest.org/pls/html/think.library" target="_blank">"created by students around the world</a> who have participated in a ThinkQuest Competition."
<br /><br />
Other sources include a bunch of copied paragraphs from the Thomas Jefferson Center for the Protection of Free Expression (who, I would guess, would likely come down on Pitbull's side in this case), the LA Times, the Association for Corporate Counsel's website, some presentation about publicity rights found on Docstoc, some law firm websites and a variety of other sources.  I'm not a lawyer, but it's not hard to read the filing and wonder what the hell Ovadia was thinking.  As THResq wonders, beyond helping to make sure that this case is unlikely to live much longer, the cutting-and-pasting throughout the legal filing might actually expose Lohan and Ovadia to copyright infringement charges themselves, especially from the law firms whose content was copied.
<br /><br />
<b>Update</b>: Eriq Gardner, who wrote the THResq story has <a href="http://www.hollywoodreporter.com/thr-esq/lindsay-lohan-pitbull-lawsuit-lawyer-accused-plagiarism-303440?utm_source=dlvr.it&utm_medium=twitter" target="_blank">an update</a>:
<blockquote><i>
Reached for comment, Ovadia's office pointed the finger at Anand Ahuja, of counsel at the firm, who wrote the brief.
<br /><br />
Ahuja was contacted too and says that he turned in "4 or 5 drafts to Stephanie, who looks like somehow by mistake submitted the first one."
<br /><br />
He adds that typically his first draft includes footnotes and references and that it gets amended along the way, but that the submission was turned in past the judge's deadline, stripped of his footnotes, and that it was Ovadia's job to review it before signing and filing the document.
</i></blockquote>
None of that makes Ovadia or her law firm look very good.  First, I love the finger pointing between the two lawyers in the press.  It's like reality TV inside a law firm.  Second, Ovadia's name is on the filing.  It doesn't matter if Ahuja wote it, she should have read it and realized that it was almost entirely nonsensical.  Third, I don't know how they write "drafts" but cutting and pasting huge chunks of totally irrelevant information -- including a treatise on consciousness, just doesn't seem like a particularly reasonable practice.<br /><br /><a href="http://www.techdirt.com/articles/20120323/01363318218/lindsay-lohans-lawyers-loopy-legal-argument-laced-with-lifted-language.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120323/01363318218/lindsay-lohans-lawyers-loopy-legal-argument-laced-with-lifted-language.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120323/01363318218/lindsay-lohans-lawyers-loopy-legal-argument-laced-with-lifted-language.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>why-don't-you-come-to-your-senses</slash:department>
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<pubDate>Mon, 6 Feb 2012 23:22:56 PST</pubDate>
<title>What The Curebit Saga Teaches Us About Copyright, Plagiarism And Reputation</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20120203/12213117654/what-curebit-saga-teaches-us-about-copyright-plagiarism-reputation.shtml</link>
<guid>http://www.techdirt.com/articles/20120203/12213117654/what-curebit-saga-teaches-us-about-copyright-plagiarism-reputation.shtml</guid>
<description><![CDATA[ <p>The startup Curebit brought something of a firestorm down on its head recently. Here's how <a href="http://venturebeat.com/2012/01/28/cant-look-away/">VentureBeat broke the story</a>:

<i><blockquote>Curebit, a Y Combinator startup that just closed a round of funding from Dave McClure&#8217;s 500 Startups fund, has been caught red-handed stealing HTML code, images, and the like from 37signals.</blockquote></i>

Leaving aside the usual point that Curebit's employees almost certainly didn't break into 37signal's office and physically remove all the HTML code and images in the way that the word "stealing" suggests, here's how Curebit tried to justify its actions with the following rather <a href="http://news.ycombinator.org/item?id=3521045">weak excuse</a>:

<i><blockquote>We had a different homepage, were a/b testing different pages, came across the 37signals post and were like 'wow we should see how that converts!' We are big fans of rails and what 37signals is doing and did not really think through the implications of what we were doing. We just kind of thought about it as a fun test to run.</blockquote></i>

Unsurprisingly, that didn't convince many people, and eventually, <a href="http://blog.curebit.com/2012/01/28/apology-to-37signals/">Curebit apologized</a> -- sort of:

<i><blockquote>Recently we launched a site with several pages copied from 37signals&#8217; Highrise. We did more than take inspiration from their design &#8211; we actually used html &#038; css code, and hotlinked to images on their site. We apologize to David and 37signals for ripping off their work. It was stupid, lazy, and disrespectful of their creative efforts.</blockquote></i>

Curebit still doesn't seem to be admitting that what it did was wrong, although most people would say that it was.  But there is an interesting discussion to be had about what exactly it did wrong.
</p><p>
Paul Carr, for example, not only believes that it was copyright infringement pure and simple, he suggests <a href="http://pandodaily.com/2012/01/28/angry-nerds-copyright-theft-is-bad-when-it-happens-to-people-we-like/">there's some deep hypocrisy flying around the developer community here</a>:

<i><blockquote>The prevailing view, outside of Hollywood, seems to be that IP creators need to accept that copying is here to stay and that criminalising a &#8220;victimless&#8221; activity is stupid. Make it easy for us to pay for stuff and we won&#8217;t have to steal it.
<br /><br />
And yet when the victim isn&#8217;t a big evil Hollywood mogul (or one of the tens of thousands of people who work for him) but one of our own&#8230; well, then IP thieves should be dragged through the streets until they tearfully apologise. What&#8217;s the difference?</blockquote></i>

Well, one difference is that most of the things that people copy and share are simply enjoyed in private, not displayed on a company's public web site for people to see and admire.  That means that there is an element of passing off here &#8211; plagiarism, in other words.  Carr addresses the possibility that the anger provoked by Curebit's actions was down to the fact that it was plagiarism rather than simple copyright infringement:

<i><blockquote>Is it, as some argued on Twitter when I asked the question earlier, that plagiarism is different from copyright theft? No. And not least because plagiarism is copyright theft. Like most copyright theft, plagiarism doesn&#8217;t deprive the creator of their original work and is usually committed by someone who is too lazy or cheap to acquire or create something legally.</blockquote></i>

Well, Curebit's wrongdoing may well be copyright infringement <b>and</b> plagiarism, but the latter is still very different from the former, and Carr himself goes on to identify exactly why:

<i><blockquote>The only real difference is that in plagiarism the infringer is usually pretending to be the creator of someone else&#8217;s work.</blockquote></i>

This is the cardinal sin in a world based on reputation.  If you build on somebody else's work, you must give attribution for that work, just as you must cite your source if you blog or tweet a story you have learned about from someone else.  
</p><p>
Reputation is the glue that holds together all of the hugely-successful open collaborative software projects like Linux or Apache: there's no money involved (at least, not directly), but people are paid in terms of the respect they earn from their peers for what they do and how well they do it.  Failing to acknowledge the fact that you are using their work is tantamount to disrespecting that code -- and hence the norms of the community.
</p><p>
That, I think, is why parts of the developer world world reacted so violently to Curebit's use of 37signal's code and images.  If Curebit had admitted what it was doing up front, with full acknowledgement of the provenance of the work, and noted that it was building on 37signal's code as an act of respect, I suggest that few would have cared.  The community norms would have been maintained, 37signal's reputation would have been enhanced, and its coders would have received the kudos that was rightfully theirs.
</p><p>
So this is not, as Carr suggests, a case of double standards on copyright infringement.  The "infringement" here -- which undoubtedly exists according to the letter of the law &#8211; is irrelevant for a community that has placed sharing and collaboration at its heart.  This is not about who owns what, but about who respects whom -- and shows it in the appropriate way.
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20120203/12213117654/what-curebit-saga-teaches-us-about-copyright-plagiarism-reputation.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120203/12213117654/what-curebit-saga-teaches-us-about-copyright-plagiarism-reputation.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120203/12213117654/what-curebit-saga-teaches-us-about-copyright-plagiarism-reputation.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>respect</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120203/12213117654</wfw:commentRss>
</item>
<item>
<pubDate>Wed, 11 Jan 2012 11:51:41 PST</pubDate>
<title>Once Again, SOPA Supporters Caught 'Copying' Others' Works In An Effort To Shut Down Sites For Copying</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20120111/04340817375/once-again-sopa-supporters-caught-copying-others-works-effort-to-shut-down-sites-copying.shtml</link>
<guid>http://www.techdirt.com/articles/20120111/04340817375/once-again-sopa-supporters-caught-copying-others-works-effort-to-shut-down-sites-copying.shtml</guid>
<description><![CDATA[ It's really quite amazing how frequently those who support more draconian copyright laws seem to be caught up in ethically dubious copying.  We just had the example of the Hollywood astroturf group, CreativeAmerica, pretty blatantly <a href="http://www.techdirt.com/articles/20120110/10592617366/creativeamerica-copies-content-to-support-anti-copying-bills.shtml">"remixing"</a> an anti-SOPA email alert from Public Knowledge, and turning it into a pro-SOPA argument.  But this next one seems even worse.  SOPA supporters, such as <a href="http://blog.mpaa.org/BlogOS/post/2012/01/09/Utah-Leads-the-Way.aspx" target="_blank">the MPAA</a> and the very same <a href="https://www.facebook.com/creativeamerica#!/creativeamerica/posts/307625929281609" target="_blank">Creative America</a>, seemed overjoyed to point folks to <a href="http://www.sltrib.com/sltrib/opinion/53223603-82/sites-online-mark-products.html.csp" target="_blank">an opinion piece in the Salt Lake Tribune</a> by the state's attorney general, Mark Shurtleff, claiming to support SOPA and PIPA.
<br /><br />
Just one little tiny problem... there appears to be a fair bit of evidence that Shurtleff <a href="http://torrentfreak.com/rogue-attorney-general-spreads-mpaa-fed-sopa-propaganda-120110/?utm_source=feedburner&#038;utm_medium=feed&#038;utm_campaign=Feed:+Torrentfreak+%28Torrentfreak%29&#038;utm_content=Google+Reader" target="_blank">"copied" his work from elsewhere</a> and simply "remixed" the work of others.  TorrentFreak goes into great detail how many of the statements in the opinion piece supposedly written by Shurtleff, have appeared elsewhere from pro-SOPA folks.
<blockquote><i>
To back up this claim we will highlight a few sentences from the Attorney General&#8217;s article, and compare them with those previously delivered by the MPAA and affiliated pro-copyright groups.
<br /><br />
The first sentence that caught our attention is: &#8220;It will take a strong, sustained effort to stop Internet thieves and profiteers.&#8221;
<br /><br />
Strong words, but also familiar ones. In fact, former MPAA President Bob Pisano uttered exactly the same words in 2010 when he congratulated the Senate Judiciary Committee with unanimously approving the COICA bill, the predecessor to SOPA and PIPA.
</i></blockquote>
They go on to find lots of other rather complex phrases that show up in both Shurtleff's "new" opinion piece... and lobbying efforts from times past.  In fact, the whole thing seems like a classic "remix" -- cutting and pasting lots of works from elsewhere, and creating something "new" out of it.  Who knows if this reaches the legal standard for copyright infringement... but it certainly calls into serious question either the legitimacy of the op-ed... or, the competence of Shurtleff.  Once again, we think such remixing is good and should be allowed.  But it's pretty crazy to argue for laws like SOPA... and do so with what certainly sounds like plagiarized phrases from elsewhere.<br /><br /><a href="http://www.techdirt.com/articles/20120111/04340817375/once-again-sopa-supporters-caught-copying-others-works-effort-to-shut-down-sites-copying.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20120111/04340817375/once-again-sopa-supporters-caught-copying-others-works-effort-to-shut-down-sites-copying.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20120111/04340817375/once-again-sopa-supporters-caught-copying-others-works-effort-to-shut-down-sites-copying.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>telling...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20120111/04340817375</wfw:commentRss>
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<item>
<pubDate>Tue, 13 Dec 2011 03:06:26 PST</pubDate>
<title>EU's Advisor On Supporting Net Activists Previously Forced From German Government...By Net Activists</title>
<dc:creator>Glyn Moody</dc:creator>
<link>http://www.techdirt.com/articles/20111212/11022617048/eus-adviser-supporting-net-activists-previously-forced-german-governmentby-net-activists.shtml</link>
<guid>http://www.techdirt.com/articles/20111212/11022617048/eus-adviser-supporting-net-activists-previously-forced-german-governmentby-net-activists.shtml</guid>
<description><![CDATA[ <p>The Vice President of the European Commission responsible for the Digital Agenda for Europe, Neelie Kroes, recently made quite a stir when she dubbed copyright "<a href=http://www.techdirt.com/articles/20111121/07305616860/eu-commissioner-kroes-copyright-is-tool-to-punish-withhold-new-business-models-not-more-enforcement-needed.shtml>a tool to punish and withhold</a>".  Now she's back with two major projects: a <a href="http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/1524&#038;format=HTML&#038;aged=0&#038;language=EN&#038;guiLanguage=en">pan-European open data stategy</a> and the "<a href="http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/1525&#038;format=HTML&#038;aged=0&#038;language=EN&#038;guiLanguage=en">No Disconnect Strategy</a>":

<i><blockquote>European Commission Vice-President Neelie Kroes has invited Karl-Theodor zu Guttenberg, a former Federal Minister of Defence, and of Economics and Technology, in Germany, to advise on how to provide ongoing support to Internet users, bloggers and cyber-activists living under authoritarian regimes. This appointment forms a key element of a new "No Disconnect Strategy" to uphold the EU's commitment to ensure human rights and fundamental freedoms are respected both online and off-line, and that internet and other information and communication technology (ICT) can remain a driver of political freedom, democratic development and economic growth.</blockquote></i>

Of course, that's rather rich coming from a region where France already allows disconnections as punishments (HADOPI), and where the UK has legislation in place that will allow it to do the same (Digital Economy Act).  But it turns out that the ironies are even deeper.
</p><p>
The reason that Karl-Theodor zu Guttenberg -- once seen as a likely successor to Germany's current Chancellor, Angela Merkel -- is no longer the Federal Minister of Defence, and of Economics and Technology, is that he resigned when it emerged that he had plagiarized significant parts of his doctorate.
</p><p>
After initial <a href=http://www.reuters.com/article/2011/02/17/us-germany-minister-plagiarism-idUSTRE71G6C720110217>denials</a>, Guttenberg was forced to admit the extent of his plagiarism thanks largely to a crowdsourced wiki called GutenPlag (<a href="http://de.guttenplag.wikia.com/wiki/GuttenPlag_Wiki">original German</a>) offering "collaborative documentation of plagiarism", which went through his thesis searching for passages taken from elsewhere without acknowledgement.   In total, it claims to have found "1218 plagiarized fragments from 135 sources, on 371 out of 393 pages (94.4%), in 10421 plagiarized lines (63.8%)."  There's even <a href="http://gut.greasingwheels.org/">an interactive, color-coded visualization</a> of what happened where.
</p><p>
Certainly, Guttenberg has been punished: as well as losing his position in the German government, he was also stripped of his doctorate.  But his appointment as (unpaid) advisor to the "No Disconnect Strategy" raises a question.  Is somebody whose downfall was mostly brought about by a website and its crowdsourced revelations really the right person to lead a project that aims to support online activists?
</p><p>
There is also the issue of Guttenberg's multiple copyright infringements.  This was investigated with a view to charges being brought, but then, as <a href="http://en.wikipedia.org/wiki/Karl-Theodor_zu_Guttenberg#Doctorate_plagiarism">Wikipedia explains</a>:  

<i><blockquote>In November 2011, the prosecution dropped the charges, having found 23 relevant copyright violations but only marginal economic damage. Guttenberg had to make a payment of 20,000 Euros to a charitable foundation, the court ruled.</blockquote></i>

In jurisdictions with extreme copyright laws, that "marginal economic damage" argument wouldn't be enough to protect those accused of infringement from prosecution or from being disconnected.  So again the question has to be: is Guttenberg really going to understand what "No Disconnect" means to human rights activists living under authoritarian regimes when he got off so lightly himself?
</p><p>
Follow me @glynmoody on <a href="http://twitter.com/glynmoody">Twitter</a> or <a href="http://identi.ca/glynmoody">identi.ca</a>, and on <a href="https://plus.google.com/100647702320088380533">Google+</a></p><br /><br /><a href="http://www.techdirt.com/articles/20111212/11022617048/eus-adviser-supporting-net-activists-previously-forced-german-governmentby-net-activists.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20111212/11022617048/eus-adviser-supporting-net-activists-previously-forced-german-governmentby-net-activists.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20111212/11022617048/eus-adviser-supporting-net-activists-previously-forced-german-governmentby-net-activists.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>really-the-right-person?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20111212/11022617048</wfw:commentRss>
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<pubDate>Thu, 8 Sep 2011 15:05:58 PDT</pubDate>
<title>Is Policing Plagiarism At A University As Counterproductive As Trying To Stop Copyright Infringement?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110725/12283215243/is-policing-plagiarism-university-as-counterproductive-as-trying-to-stop-copyright-infringement.shtml</link>
<guid>http://www.techdirt.com/articles/20110725/12283215243/is-policing-plagiarism-university-as-counterproductive-as-trying-to-stop-copyright-infringement.shtml</guid>
<description><![CDATA[ We've talked in the past about how multiple studies have shown that greater enforcement efforts to stop copyright infringement <a href="http://www.techdirt.com/articles/20110308/02354213395/massive-research-report-piracy-emerging-economies-released-debunks-entire-foundation-us-foreign-ip-policy.shtml">aren't particularly effective</a>.  One of the reasons for this is that they tend to piss off and anger the biggest fans, which has significant ripple effects and unintended consequences.  A few months ago, there was an interesting article in the Chronicle of Higher Education, which I'm finally getting around to writing about, all about <a href="http://chronicle.com/blogs/wiredcampus/nyu-prof-vows-never-to-probe-cheating-again%E2%80%94and-faces-a-backlash/32351" target="_blank">one NYU CS professor's experience in trying to catch and deal with cheaters on tests</a>.
<br /><br />
The professor, Panagiotis Ipeirotis, wrote a very detailed blog post about what happened, but after it went viral online, and some others expressed concerns that it may have violated the privacy of some students, he took the post down.  The Chronicle of Higher Education had a mirror of the post up for a while, but have since taken it down.  What was really amazing is that Ipeirotis spends much of the post explaining just how "effective" his efforts to catch cheaters was.  He was mainly using the (somewhat controversial) service Turnitin, and certainly found a lot of folks who were clearly copying answers from elsewhere.  Reading just the first part of the post would make you think this had all been a huge success and that Ipeirortis was actually singing the praises of such software.
<br /><br />
But he's not.  The key point was that it absolutely <i>destroyed</i> classroom morale.  Rather than coming to class each day eager to learn, students (apparently even those who weren't cheating) just weren't as happy about the overall learning experience in the classroom.  And part of that may have come from Ipeirotis, who notes that he spent a ton of time that semester "dealing with" cheaters and his general distrust may have carried over into the classroom.  He notes that the whole class was a lot less fun and a lot less focused on actually learning.
<br /><br />
That was clear in the classroom and later came through in the evaluations, which were significantly lower than usual -- which also resulted in him getting a smaller raise.  While some responded to the blog post by focusing just on the evaluations and the raise, he noted later that the evaluations was a lesser issue compared to the more general one, and in a later post, he <a href="http://www.behind-the-enemy-lines.com/2011/07/tale-about-parking.html" target="_blank">noted it was the other issue that was the real problem</a>:
<blockquote><i>
<b>Even if I had received a $1M bonus from NYU for my efforts, the basic problem would still be there: the teaching experience would degenerate into a witch hunt, focusing on cheating, instead of being about learning.</b> And yes, I would still write the same blog post even if I were fully satisfied with my annual evaluation.<b> In fact, the blog post was in my folder of draft posts for a few months now, long before receiving my annual evaluation.</b>
</i></blockquote>
This is a key point that we've been trying to make about enforcement in the copyright world.  Even when it seems "effective," the overall environment -- created by suing fans, by trying to lock down technologies, by pursuing new draconian laws and by blaming people for sharing information -- is simply toxic.  It's not a positive environment in which new beneficial ideas and solutions come forth readily.  It's an angry us-vs.-them world, rather than a "let's learn and solve problems together" world.
<br /><br />
And just as we've suggested all sorts of <a href="http://www.techdirt.com/articles/20091119/1634117011.shtml">new business models</a> that simply take "infringement" out of the equation, Ipeirotis similarly suggests that professors get around the whole cheating/plagiarism issue not by trying to crack down on cheating, but on creating situations where cheating is impossible or less effective:
<blockquote><i>
He suggested several options. You could require that projects be made public, which would risk embarrassment for someone who wanted to copy from a past semester. You could assign homework where students give class presentations and then are graded by their peers, ratcheting up the social pressure to perform well. And you could create an incentive to do good work by turning homework into a competition, like asking students to build Web sites and rewarding those that get the most clicks.
</i></blockquote>
The simple fact is that some people will always find a way to infringe, just as some people will always find a way to cheat.  But plenty of others will not.  Plenty of people want to support the content creators they like, just as plenty of people at universities really do want to learn.  What many who focus on enforcement and punishment don't realize is that creating an environment that focuses solely on punishing those who infringe or cheat does have serious and significant spillover effects and unintended consequences on the rest of the "market/class."  If, instead, you focus on the people who do want to support or who do want to learn, and provide them with a positive environment to do so, it actually ends up creating consequences in the other direction -- often turning around those who wanted to infringe or to cheat, and turning them into good actors as they see what's happening around them.<br /><br /><a href="http://www.techdirt.com/articles/20110725/12283215243/is-policing-plagiarism-university-as-counterproductive-as-trying-to-stop-copyright-infringement.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110725/12283215243/is-policing-plagiarism-university-as-counterproductive-as-trying-to-stop-copyright-infringement.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110725/12283215243/is-policing-plagiarism-university-as-counterproductive-as-trying-to-stop-copyright-infringement.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>seems-like-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110725/12283215243</wfw:commentRss>
</item>
<item>
<pubDate>Mon, 29 Aug 2011 22:56:00 PDT</pubDate>
<title>You Can Copy Our Articles All You Want... But Please Don't Claim The Copyright Belongs To You</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110828/22065915716/you-can-copy-our-articles-all-you-want-please-dont-claim-copyright-belongs-to-you.shtml</link>
<guid>http://www.techdirt.com/articles/20110828/22065915716/you-can-copy-our-articles-all-you-want-please-dont-claim-copyright-belongs-to-you.shtml</guid>
<description><![CDATA[ The folks at Attrition.org have been tracking a guy named <a href="http://attrition.org/errata/charlatan/gregory_evans/">Gregory Evans</a> who runs LIGATT Security for a while now.  Evans apparently hypes himself up as a fantastic hacker, though Attrition suggests he's not all that skilled in reality.  Still he's been able to get himself a fair amount of press over the years, though Attrition obviously thinks he doesn't deserve it.  One thing that Attrition has spent a lot of time on is showing that Evans has a history of plagiarizing content in his "books."  However, the folks at Attrition contacted us, a few months ago, to let us know that Evans was using a Techdirt article in one of his books.  The "book" is what Evans calls a "scrapbook," supposedly of a bunch of articles about computer security, including at least one of ours.  Evans claimed that he got permission to reprint every article in his book, and Attrition decided to see if that was true.
<br /><br />
As we told them at the time, we were unaware of any request for permission from Evans, but in our case, that didn't matter.  As we've stated repeatedly, our content is free for people to use, and we consider it to be in the public domain.  With that, I figured we were done with it, but Attrition has now put out their article <a href="http://attrition.org/errata/charlatan/gregory_evans/hi-tech_hustler_scrapbook/" target="_blank">on the results of their research</a> (including our response), and they couldn't find anyone who said they had, in fact, given Evans explicit permission to use their work (it's not clear if anyone even received a request).
<br /><br />
In our case, we stand by the fact that we (perhaps alone of all the sources he copied from) don't mind the fact that he decided to reprint our stuff.  That's cool.  Anyone can do that.  But what struck me as interesting, was this bit:
<blockquote><i>
<p>It is also worth noting that Evans tries to establish a copyright on the book, despite the fact that every article he used is already copyrighted:</p>

<blockquote>"No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form, or by any means; -- electronic, mechanical, photocopying, recording or otherwise, without permission from the original author."</blockquote>

<p>This disclaimer is laughable, as Evans himself did not obtain permission to use all of the articles contained in the book. Worse, in using the articles without permission while charging $39.95 for the book, he is profiting off these copyright infringements.</p>
</i></blockquote>
While we're fine with him re-using our works, one thing that we're not at all okay with is him then claiming copyright over it or otherwise trying to then limit the reuse of our works by others.  That's copyfraud.  As for the others in the book, I would imagine they're even less pleased, since it appears that most, if not all, of the others whose works were used do consider their works their own copyrighted material, and did not sell that copyright to Evans.<br /><br /><a href="http://www.techdirt.com/articles/20110828/22065915716/you-can-copy-our-articles-all-you-want-please-dont-claim-copyright-belongs-to-you.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110828/22065915716/you-can-copy-our-articles-all-you-want-please-dont-claim-copyright-belongs-to-you.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110828/22065915716/you-can-copy-our-articles-all-you-want-please-dont-claim-copyright-belongs-to-you.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>copyfraud</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110828/22065915716</wfw:commentRss>
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<item>
<pubDate>Wed, 20 Jul 2011 14:06:23 PDT</pubDate>
<title>Supporter Of Fashion Copyright Accused Of Plagiarizing Other Supporter Of Fashion Copyright</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110718/04005415136/supporter-fashion-copyright-accused-plagiarizing-other-supporter-fashion-copyright.shtml</link>
<guid>http://www.techdirt.com/articles/20110718/04005415136/supporter-fashion-copyright-accused-plagiarizing-other-supporter-fashion-copyright.shtml</guid>
<description><![CDATA[ This is pretty funny.  When it comes to the ridiculous and totally unnecessary idea for <a href="http://www.techdirt.com/articles/20110713/02573415076/its-baaaaaaack-yet-again-totally-pointless-unnecessary-damaging-fashion-copyright-bill-returns.shtml">a fashion copyright</a>, we've discussed three different academics who support the bill, and are often held up as the leading voices behind getting fashion copyright passed.  We've talked a few times about <a href="http://www.techdirt.com/search.php?q=scafidi&#038;eid=&#038;tid=&#038;aid=&#038;searchin=stories">Susan Scafidi</a>, who is probably the most vocal supporter of the law.  However, last year, we also wrote about <a href="http://www.techdirt.com/articles/20100309/0205138477.shtml">Jeannie Suk and Scott Hemphill</a>, based on a <a href="http://www.boston.com/lifestyle/fashion/articles/2010/03/07/should_the_law_protect_fashion_from_knockoffs/?comments=all&#038;plckCurrentPage=2" target="_blank">Boston Globe article</a>, mainly playing up Suk's (a Harvard professor) role in writing the actual law for Senator Chuck Schumer.  Our article mainly focused on the <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1323487&#038;download=yes" target="_blank">paper</a> that Suk and Hemphill wrote about fashion copyrights, which we found to be chock full of some of the most ridiculously bad economics around, including the positively laughable claim that competition is bad because it reduces profits and hinders innovation.
<br /><br />
Either way, Schumer clearly liked being able to use a "Harvard law professor's" research as cover for this ridiculously bad bill, and it was no surprise that both Suk and Scafidi were apparently among those recently called to testify before Congress about the bill.  However, we received a note from someone going by the pseudonym <a href="http://untenuredcolleague.wordpress.com/">"Untenured Colleague,"</a>  who has put up an entire blog that appears to be dedicated to <a href="http://untenuredcolleague.wordpress.com/" target="_blank">the claim that Suk and Hemphill "plagiarized" significant parts of their paper</a> from Scafidi.  The "Untenured Colleague," notes the irony of someone pushing for laws against copying allegedly copying others.
<br /><br />
To be honest, I tend to find calls of "plagiarism" pretty silly, most of the time.  If people are building on each other's ideas, is that really so bad?  Though within academic circles, it's certainly quite a charge.  But I do find some irony in someone in favor of stricter anti-copying laws even being <i>accused</i> of copying, because those in favor of the laws often underestimate just how quick people are to accuse others of copying.  I have no idea if Suk and Hemphill plagiarized from Scafidi at all.  You can look at <a href="http://untenuredcolleague.wordpress.com/2011/07/15/suk-and-hemphill-plagiarism-chart/" target="_blank">the chart</a> this "colleague" put together or a <a href="http://untenuredcolleague.wordpress.com/2011/07/15/how-jeannie-suk-and-scott-hemphill-committed-plagiarism/" target="_blank">more detailed explanation</a> and make your own decision as to the legitimacy of the claims.
<br /><br />
Frankly, I'm not at all sure that the actions rise to the level of plagiarism.  It certainly appears that Suk uses similar phrases, terminology and ideas as Scafidi has, but it's not uncommon for those advocating the same thing to do exactly that.  I regularly see people advocating the same position I've taken, using nearly identical phrases and arguments that I've used (and even coined!), and I have no doubt that I've done the same to others without realizing it.  But, really, what strikes me about this whole thing is that it demonstrates one of the serious problems with expanding copyright, especially into highly innovative areas like fashion design.  People see "copies" in all sorts of things, and are quick to accuse others of copying, whether it's legit or not.  Adding such a law in a highly competitive, thriving and innovative industry is just going to create a rash of unnecessary lawsuits, as different designers accuse one another of "copying."  That may be good for lawyers, but it's not good for the industry and it's certainly not good for the public.<br /><br /><a href="http://www.techdirt.com/articles/20110718/04005415136/supporter-fashion-copyright-accused-plagiarizing-other-supporter-fashion-copyright.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110718/04005415136/supporter-fashion-copyright-accused-plagiarizing-other-supporter-fashion-copyright.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110718/04005415136/supporter-fashion-copyright-accused-plagiarizing-other-supporter-fashion-copyright.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>copying-is-okay-for-some-people...</slash:department>
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<pubDate>Tue, 28 Jun 2011 08:21:37 PDT</pubDate>
<title>Is Copyright Needed To Stop Plagiarism?</title>
<dc:creator>Nina Paley</dc:creator>
<link>http://www.techdirt.com/articles/20110627/17393014876/is-copyright-needed-to-stop-plagiarism.shtml</link>
<guid>http://www.techdirt.com/articles/20110627/17393014876/is-copyright-needed-to-stop-plagiarism.shtml</guid>
<description><![CDATA[ Whenever I speak about Free Culture at schools, I'm asked &quot;what about  plagiarism?&quot; Copying and plagiarism are two <em>quite different things</em>, and you don't need copyright to deal with plagiarism.  To make this clearer, I made a one-minute meme song and video about it:
<center>
<iframe width="560" height="349" src="http://www.youtube.com/embed/dPtH2KPuQbs" frameborder="0" allowfullscreen></iframe>  
</center>
  <p>As  Mimi demonstrates with the giant Copy Machine, copying a work means  copying its attribution too:</p> <blockquote><p><em>just copy the credit along with the work</em></p> </blockquote> <p>When people copy songs and movies, they don't change the authors' names. Plagiarism is something else: it's <strong>lying.</strong> If Copyright has anything to do with plagiarism, it's that it makes it  <strong>easier</strong> to plagiarize (because works and their provenance aren't public  and are therefore easier to obscure and lie about) and increases  incentive to do so (because copying with attribution is as illegal as  copying without, and including attribution makes the infringement more  conspicuous). American Copyright law does not protect attribution to  begin with; it is concerned only with &quot;ownership,&quot; not authorship.&nbsp; Many  artists sign their attributions away with the &quot;rights&quot; they sell, which  is why it can be difficult to know which artists contributed to  corporate works.</p> <p>I chose <a href="http://en.wikipedia.org/wiki/Beethoven">Beethoven</a> to illustrate how <em>copyright has nothing to do with preventing plagiarism.</em> All Beethoven's work is in the <a href="http://en.wikipedia.org/wiki/Public_domain">Public Domain</a>. Legally, you can take Ludwig van Beethoven's songs, <a href="http://en.wikipedia.org/wiki/Jane_austen">Jane Austen</a>'s novels, or <a href="http://en.wikipedia.org/wiki/Eadweard_Muybridge">Eadweard Muybridge</a>'s  photographs and put any name you want on them. Go ahead! You're at no  risk of legal action. Your reputation may suffer, however, and you  definitely won't be fooling anyone. If anyone has doubts, they can use  that same copy machine - the <a href="http://www.kk.org/thetechnium/archives/2008/01/better_than_fre.php">Internet</a> - to sort out who authored what. Lying is very difficult in a public, transparent system. A good analog to this is <a href="http://en.wikipedia.org/wiki/Public-key_cryptography">public encryption keys</a>: their security comes from their publicity.</p> <p>The song says &quot;always give credit where credit is due,&quot; but in many  cases credit is NOT due. For example, how many credits should be at the  end of this film? I devoted about two and a half seconds to these  credits:</p> <blockquote><p>Movie and Song by Nina Paley<br /> Vocals by Bliss Blood</p> </blockquote> <p>But I could have credited far more. In fact, the credits could take longer than the movie. Here are some more credits:</p> <blockquote><p>Ukelele: <a href="http://blissblood.com/">Bliss Blood </a><br /> Guitar: Al Street<br /> Recorded by Bliss Blood and Al Street</p> </blockquote> <p>What about sound effects? Were it not for duration constraints, this would be in the movie:</p> <blockquote><p>Sound Effects Design by <a href="http://www.eastwestaudio.com/about.html">Greg Sextro</a></p> </blockquote> <p>Every single sound effect in the cartoon was made by someone. Should I  credit each one? Crash-wobble by (Name of Foley Artist Here). Cartoon  zip-run by (Name of Other Foley Artist Here). And so on: dozens of sound  effects were used in the cartoon, and each one had an author. What  about the little noises Mimi &amp; Eunice make? Not only could the  recording engineer be credited, but the voice actor as well (as far as I  know, these were both Greg Sextro).</p> <p>I included a few seconds of Beethoven's <a href="http://en.wikipedia.org/wiki/Beethoven%27s_Fifth_Symphony">Fifth Symphony</a> at the end, which I didn't credit in the movie.&nbsp; Should I have? Why or why not?</p> <p>I could credit the characters:</p> <blockquote><p style="text-align: center">Starring:<br /> Mimi<br /> Eunice<br /> &amp; Special Guest Appearance by<br /> Ludwig van Beethoven</p> </blockquote> <p>I could be more detailed in crediting myself:</p> <blockquote><p>Lyrics and Melody by Nina Paley<br /> Character design: Nina Paley<br /> Animation: Nina Paley<br /> Produced by Nina Paley<br /> Directed by Nina Paley<br /> Edited by Nina Paley<br /> Backgrounds by Nina Paley<br /> Color design by Nina Paley<br /> Layout: Nina Paley<br /> Based on the comic strip <a href="http://mimiandeunice.com/">&quot;Mimi &amp; Eunice&quot;</a> by Nina Paley</p> </blockquote> <p>And the funder!</p> <blockquote><p>This <a href="https://www.insightcommunity.com/wr/minute_memes">Minute Meme</a> was funded by a generous grant from the <a href="http://www.warholfoundation.org/">Andy Warhol Foundation for the Visual Arts</a></p> </blockquote> <p>I didn't even make a card for the <a href="https://www.insightcommunity.com/wr/minute_memes">Minute Memes</a> logo. Should that be in there?</p> <p><a href="http://blog.ninapaley.com/wp-content/uploads/2011/06/MinuteMemes_logo1_large.png"></a></p> <p style="text-align: center"><img class="size-medium wp-image-2144 aligncenter" src="http://blog.ninapaley.com/wp-content/uploads/2011/06/MinuteMemes_logo1_large-300x168.png" alt="" title="MinuteMemes_logo1_large" width="300" height="168" /></p> <p>I used a Public Domain <a href="http://en.wikipedia.org/wiki/File:Beethoven.jpg">painting of Beethoven</a> for the Beethoven character, which is by <a href="http://commons.wikimedia.org/wiki/Joseph_Karl_Stieler">Joseph Karl Stieler</a>.&nbsp; Who photographed the painting? Who digitized the photograph? Is credit due here?</p> <p style="text-align: center"><img class="aligncenter" src="http://upload.wikimedia.org/wikipedia/commons/thumb/6/6f/Beethoven.jpg/499px-Beethoven.jpg" alt="File:Beethoven.jpg" width="270" height="323" /></p> <p>The ass drawing also came from <a href="http://commons.wikimedia.org/wiki/File:Ass_%28PSF%29.png">Wikimedia Commons</a>, where it's credited to <a href="http://en.wikipedia.org/wiki/Pearson_Scott_Foresman">Pearson Scott Foresman</a>.  But who actually drew it? I have no idea. I doubt that Pearson Scott  Foresman could even legally claim the copyright on it to &quot;donate&quot; to  Wikimedia in the first place, but there they are, getting credit for it  instead of an artist. That's because copyright is only concerned with  &quot;ownership,&quot; not authorship.</p> <p><a href="http://upload.wikimedia.org/wikipedia/commons/c/ce/Ass_%28PSF%29.png"></a>Then there's the software I used, good old pre-Adobe <a href="http://en.wikipedia.org/wiki/Adobe_Flash#History">Macromedia Flash</a>. Should I credit the software? What about the programmers who contributed to the software? <br /> I also used a Macintosh computer (I know, I know, when Free Software and  Open Hardware come close to doing what my old system does, I'll be the first to embrace it) and a Wacom <a href="http://en.wikipedia.org/wiki/Cintiq#Cintiq">Cintiq</a> pen monitor. How many people deserve credit for these in my movie?</p> <p style="text-align: center"><img class="aligncenter" src="http://upload.wikimedia.org/wikipedia/commons/thumb/c/ce/Ass_%28PSF%29.png/677px-Ass_%28PSF%29.png" alt="File:Ass (PSF).png" width="339" height="300" /></p> <p>Mimi and Eunice themselves were &quot;inspired&quot; by many historical cartoons. Early Disney and Fleischer animations, the &quot;<a href="http://en.wikipedia.org/wiki/Rubber_hose_animation">rubber hose</a>&quot; style, <a href="http://en.wikipedia.org/wiki/Charles_M._Schulz">Peanuts</a>, this <a href="http://www.youtube.com/watch?v=IeTybKL1pM4">recent cartoon</a>,  and countless other sources I don't even know the names of - but would  be compelled to find out, if credit were in fact due. Is it?</p> <p>And so on. It is possible to <a href="http://blog.ninapaley.com/2010/03/04/the-limits-of-attribution/">attribute ad absurdum</a>.  So where is credit due? It's complicated, the rules are changing, and  standards are determined organically by communities, not laws. I had to  edit the song for brevity, but I kind of wish I hadn't excised this  line:</p> <blockquote><em>A citation shows us where we can get more<br />of all the good culture that Free Culture's for</em><br /></blockquote> <p>Attribution is a way to help your neighbor. You share not only the  work, but information about the work that helps them pursue their own  research and maybe find more works to enjoy. How much one is expected to  help their neighbor is determined by (often unspoken) community  standards. People who don't help their neighbors tend to be disliked.  And those who go out of their way to deceive and defraud their neighbors  - i.e. plagiarists - are hated and shunned. Plagiarism doesn't affect <em>works</em> - works don't have feelings, and what is done to one copy has no effect on other copies. Plagiarism affects <em>communities,</em> and it is consideration for such that determines where attribution is appropriate.</p> <p>At least that's the best I can come up with right now. Attribution is  actually a very complicated concept; if you have more ideas about it,  please share.</p><br /><br /><a href="http://www.techdirt.com/articles/20110627/17393014876/is-copyright-needed-to-stop-plagiarism.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110627/17393014876/is-copyright-needed-to-stop-plagiarism.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110627/17393014876/is-copyright-needed-to-stop-plagiarism.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>let-the-community-do-its-job</slash:department>
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<pubDate>Fri, 4 Mar 2011 12:44:56 PST</pubDate>
<title>Family Trying To Claim Ownership Of 'Urban Homesteading' Caught Plagiarizing After Moralizing On Plagiarism</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110304/02580313365/family-trying-to-claim-ownership-urban-homesteading-caught-plagiarizing-after-moralizing-plagiarism.shtml</link>
<guid>http://www.techdirt.com/articles/20110304/02580313365/family-trying-to-claim-ownership-urban-homesteading-caught-plagiarizing-after-moralizing-plagiarism.shtml</guid>
<description><![CDATA[ We recently mentioned the Dervaes Family, and its quixotic attempt to <a href="http://www.techdirt.com/articles/20110216/15243413131/urban-homesteading-trademarked-lots-urban-homesteaders-told-to-cease-using-common-term.shtml">trademark "urban homesteading"</a> and to get people to stop using the descriptive and generic phrase.  The family has been lashing out (somewhat comically) on their blog, including a recent post by Justin Dervaes about <a href="http://urbanhomestead.org/journal/2011/02/17/what-is-plagiarism/" target="_blank">plagiarism</a> (which, it should be noted is an entirely different issue than trademark infringement -- though it's not clear the Dervaes understand this).
<br /><br />
Either way, you had to know what was coming up next.  <a href="https://twitter.com/#!/CathyGellis/statuses/43514736037478400" target="_blank">Cathy Gellis</a> points us to a report claiming that <a href="http://www.myearthgarden.com/2011/03/how-the-dervaes-family-stole-my-victory-garden/" target="_blank">the Dervaes family blog plagiarized a number of items</a> from another garden blogger, who methodically presents a variety of evidence to bolster his claim.  He's now asking the family for royalties (including late fees).  Of course, I find it pretty silly (and kind of petty) to ask for royalties in such a situation, but you have to admit it looks even worse for the family to be moralizing about plagiarism while doing it themselves.<br /><br /><a href="http://www.techdirt.com/articles/20110304/02580313365/family-trying-to-claim-ownership-urban-homesteading-caught-plagiarizing-after-moralizing-plagiarism.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110304/02580313365/family-trying-to-claim-ownership-urban-homesteading-caught-plagiarizing-after-moralizing-plagiarism.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110304/02580313365/family-trying-to-claim-ownership-urban-homesteading-caught-plagiarizing-after-moralizing-plagiarism.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>is-that-a-petard-i-see?</slash:department>
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<pubDate>Wed, 16 Feb 2011 15:55:47 PST</pubDate>
<title>Long Time Academic, Regular Op-Ed Writer, Claims He Had No Idea He Was Supposed To Attribute Text He Plagiarized</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110211/22093013070/long-time-academic-regular-op-ed-writer-claims-he-had-no-idea-he-was-supposed-to-attribute-text-he-plagiarized.shtml</link>
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<description><![CDATA[ This one is just bizarre.  <a href="https://twitter.com/#!/romenesko/statuses/36070533791481856" target="_blank">Romenesko</a> points us to the news that the director of the University of Utah's Middle East Center, Dr. Bahman Baktiari, who regularly writes op-ed pieces for various newspapers, has been accused of plagiarism.  His defense?  He claims <a href="http://www.sltrib.com/sltrib/home/51222181-76/baktiari-piece-tribune-region.html.csp" target="_blank">he had no idea he was supposed to attribute the content he copied</a>.  Plagiarism cases turn up here and there, but I think this may be the first time I've seen someone -- especially from an academic setting -- claim that they didn't even realize they were supposed to make it clear they did not write the content.  And, it's not even like he picked obscure publications to copy.  What brought this all to light was an op-ed he wrote for the Salt Lake City Tribune, which used at least four unattributed sources, including both the NY Times and the Economist.  I guess that means if you're a student in one of his classes, you're now off the hook to copy at will without attribution...<br /><br /><a href="http://www.techdirt.com/articles/20110211/22093013070/long-time-academic-regular-op-ed-writer-claims-he-had-no-idea-he-was-supposed-to-attribute-text-he-plagiarized.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110211/22093013070/long-time-academic-regular-op-ed-writer-claims-he-had-no-idea-he-was-supposed-to-attribute-text-he-plagiarized.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110211/22093013070/long-time-academic-regular-op-ed-writer-claims-he-had-no-idea-he-was-supposed-to-attribute-text-he-plagiarized.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>um,-wow</slash:department>
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<pubDate>Mon, 29 Nov 2010 10:00:25 PST</pubDate>
<title>French Author Plagiarizes Wikipedia; Does That Mean His Entire Book Is Now CC Licensed?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101128/17552312024/french-author-plagiarizes-wikipedia-does-that-mean-his-entire-book-is-now-cc-licensed.shtml</link>
<guid>http://www.techdirt.com/articles/20101128/17552312024/french-author-plagiarizes-wikipedia-does-that-mean-his-entire-book-is-now-cc-licensed.shtml</guid>
<description><![CDATA[ <a href="https://twitter.com/#!/PrometheeFeu/statuses/8596574154268672" target="_blank">PrometheeFeu</a> alerts us to a fascinating situation happening in France.  Apparently, a successful French author, Michel Houellebecq, recently came out with a novel, <i>La Carte et Le Territoire</i>.  However, it turns out that Houellebecq <a href="http://www.kvraudio.com/forum/viewtopic.php?p=4329778" target="_blank">copied decent chunks of three separate Wikipedia articles in the novel</a>, without any credit or indication that he was quoting another source.  This is what is normally referred to as plagiarism -- or, in some views, sampling.  This isn't all that surprising, and we hear stories of plagiarism in books all the time.  In fact, we tend to think that people get <a href="http://www.techdirt.com/articles/20100212/1139578147.shtml">way too upset</a> over such things in books.  After being called on it, Houellebecq appears to have admitted to copying those sections.
<br><br>
However, what makes this case more interesting, is what came next.  Some folks realized that Wikipedia articles are licensed via a <a href="http://creativecommons.org/licenses/by-sa/2.0/" target="_blank">CC-BY-SA license</a>, which in real terms says that you are free to share and remix the work, so long as it's with attribution <i>and</i> (most importantly):
<blockquote><i>
"If you alter, transform, or build upon this work, you may distribute the resulting work only under the same or similar license to this one."
</i></blockquote>
If you're paying attention, you'll realize that it appears Houellebecq's <i>La Carte et Le Territoire</i> appears to "build upon" the Wikipedia works, which would then mean that his work, as well, must also be available under such a license.  Thus, they've created a PDF version of the book -- with the proper Wikipedia references added back in -- and put it up for download under the very same CC-BY-SA license.
<br><br>
The question now is whether or not the author or his publisher will take legal action -- and whether or not the reading of the Wikipedia CC-BY-SA license is accurate.  It certainly seems like a pretty strong argument can be made in favor of those now sharing the work.  The terms of the Wikipedia content are clear, and thus, in using that content, it does appear that Houellebecq and his publisher may be required to abide by the terms of the license.  Of course, there are other questions raised by this as well: such as the enforceability of a license that the person might not have read or understood.  Before people automatically assume those posting the PDF are in the right here, remember all those stories we've discussed in the past about questionable end user license agreements that people agree to on websites without ever having actually seen them.  In those cases, many of us feel that such licenses should not be enforceable.  Is the same thing true for a Creative Commons license?
<br><br>
<b>Update</b>: As noted in the comments, the publisher has <a href="http://translate.google.com/translate?js=n&prev=_t&hl=en&ie=UTF-8&layout=2&eotf=1&sl=auto&tl=en&u=http://www.numerama.com/magazine/17454-houellebecq-sous-licence-libre-flammarion-attaque-et-c-est-tant-mieux.html" target="_blank">said it will take legal action</a> against those who posted the work, though it's unclear if such proceedings have started yet.<br /><br /><a href="http://www.techdirt.com/articles/20101128/17552312024/french-author-plagiarizes-wikipedia-does-that-mean-his-entire-book-is-now-cc-licensed.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101128/17552312024/french-author-plagiarizes-wikipedia-does-that-mean-his-entire-book-is-now-cc-licensed.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101128/17552312024/french-author-plagiarizes-wikipedia-does-that-mean-his-entire-book-is-now-cc-licensed.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>a-legal-test</slash:department>
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<pubDate>Thu, 28 Oct 2010 10:39:34 PDT</pubDate>
<title>Oprah Sued For Copyright Infringement After Quoting A Book On TV Without Credit</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101028/04071711625/oprah-sued-for-copyright-infringement-after-quoting-a-book-on-tv-without-credit.shtml</link>
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<description><![CDATA[ A guy named Charles Harris, who wrote a political booklet about the process by which America elects Presidents, is apparently <a href="http://www.hollywoodreporter.com/blogs/thr-esq/oprah-sued-plagiarism-author-political-32841" target="_blank">suing Oprah Winfrey for copyright infringement</a>, saying that she "plagiarized" his work, when she quoted it on her TV show, without crediting him.  Basically, the guy had sent copies of the booklet to Winfrey, hoping to get some free publicity out of it.  However, on one show she apparently (he alleges) directly read aloud some questions from his booklet, but did so without crediting him.  Of course, plagiarism, by itself, isn't against the law, so he's trying to twist this into a copyright lawsuit, saying she had no license to read the questions aloud.  You can see the filing below:
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It's hard to see how he can legitimately claim that Oprah reading the questions has caused him "substantial injury, loss and damage to his property" or that it's "damage" for his "business reputation and goodwill."  And, not surprisingly, he's asking for the maximum statutory rate of $150,000.  Of course, you could (and many probably <i>will</i>) argue that the guy knows the lawsuit is bogus, and that there's no "damage," but is using the lawsuit to get publicity for his booklet...<br /><br /><a href="http://www.techdirt.com/articles/20101028/04071711625/oprah-sued-for-copyright-infringement-after-quoting-a-book-on-tv-without-credit.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101028/04071711625/oprah-sued-for-copyright-infringement-after-quoting-a-book-on-tv-without-credit.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101028/04071711625/oprah-sued-for-copyright-infringement-after-quoting-a-book-on-tv-without-credit.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>taking-on-Oprah,-huh?</slash:department>
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<pubDate>Thu, 14 Oct 2010 21:13:25 PDT</pubDate>
<title>What's Wrong With Students Reusing Papers?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101013/03493611405/what-s-wrong-with-students-reusing-papers.shtml</link>
<guid>http://www.techdirt.com/articles/20101013/03493611405/what-s-wrong-with-students-reusing-papers.shtml</guid>
<description><![CDATA[ <a href="http://twitter.com/#!/copycense/statuses/27213828232" target="_blank">Copycense</a> points us to a story by English professor, James Lang, who notes that many universities and professors say that it's unethical or against school rules for students to reuse papers for multiple courses, but the more he thinks about it, <a href="http://chronicle.com/article/Plagiarizing-Yourself/124781/" target="_blank">the more he wonders why this is wrong</a>, noting that professors do this all the time, reusing papers, presentations, research and lesson plans.  Even if the idea is that students are supposed to "do work," it's not clear that there's anything wrong with a student reusing a paper, as long as it suffices for the assignment:
<blockquote><i>
But--practically speaking--the opportunity to reuse a paper might arise only once or twice in a student's career, thanks to the diversity of our course assignments and disciplines. A paper assignment that a student gets in my English class on 20th-century literature won't be anything like her assignment in Renaissance literature--much less from psychology or sociology. Because the content of courses differs so much, the opportunity to use the same paper will happen only rarely.
<br /><br />
But when it does, why not allow a student to take advantage of the opportunity? Suppose a student writes a final research paper for an introductory psychology course in the fall semester of her freshman year, and receives helpful suggestions on it from the professor. That same student then takes an English-composition course with me in the spring, and I assign an open-topic research paper to finish the semester.
<br /><br />
Why should I not encourage the student to revise her psychology paper, according to both the guidance she received from her previous professor and the new writing principles she has learned in my course? She couldn't merely turn in her old paper; it would have to fulfill the requirements of my assignment. The student would not only get the opportunity to return to a set of ideas she thought she had finished, but the assignment would also reinforce the interdisciplinary nature of knowledge and the curriculum.
</i></blockquote>
The article is based around the question of whether it's okay to "plagiarize yourself," but I worry that even that's a bit misleading.  You can't plagiarize yourself.  Plagiarism is about passing off someone else's work as your own.  Reusing work is not the same thing at all, but is a separate issue -- and one that doesn't really seem to be much of a problem once you think about it.<br /><br /><a href="http://www.techdirt.com/articles/20101013/03493611405/what-s-wrong-with-students-reusing-papers.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101013/03493611405/what-s-wrong-with-students-reusing-papers.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101013/03493611405/what-s-wrong-with-students-reusing-papers.shtml?op=sharethis">Email This Story</a><br />
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<slash:department>double-standards</slash:department>
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