Turnitin Found Not To Violate Student Copyrights

from the might-be-a-good-thing-for-Google... dept

Last year, we noted that some students were suing iParadigms, the makers of "Turnitin" the excessively popular plagiarism checker used by many colleges and high schools. The professors feed student papers into the system, and it returns a "score" judging how likely the paper is to be plagiarized. However, it also takes a copy of each paper and includes it in its database for future plagiarism checks. This annoyed quite a few students who felt that this was copyright infringement -- using their papers in a commercial database.

However, a court has now rejected the students' arguments and found that Turnitin does not violate the copyright of the students for a variety of reasons. First there is the fact that students had to agree to the terms of the service to use it -- even if they were forced to by their schools. However, the court finds that this is a problem for the schools, not Turnitin. But, much more interesting is the rationale for why storing those papers is considered "fair use." Among other things, the court found that Turnitin isn't using the papers for their creative meaning and even though it stores the entire document, it doesn't really publish a full copy of it for others to see.

That becomes especially interesting given the current lawsuit concerning Google's scanning of books from various university libraries, as it may be able to note the similarities in this situation to Turnitin's. There are some differences -- and clearly, the publishers will claim that the impact on the commercial value is quite different (despite evidence to the contrary -- but this ruling is likely to help Google's position at least somewhat.

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  1. identicon
    Glyons, 25 Mar 2008 @ 2:44pm

    Oh get over it.

    Ok. Here is how the system works. Turnitin does not have access to the content of the work. The work yes but not really its content. There is no one at turnitin reading the paper. Copyright is to protect the use of someone creative endeavor from another stealing. If you read the agreements Turnitin makes with universities they state that they do not look at the work. It is an automated system and I doubt the computer cares how you feel about Jane Austin. This is NOT a transfer of ownership. The original creator has an id tag associated with it.

    If you look at it properly, this is proof of creative development should someone later on duplicate your findings there is independent proof of your original development.

    If you're so worried then you should copyright every document you submit to your professors.

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