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
    Anonymamous Coward, 25 Mar 2008 @ 11:35am

    Consent?

    i thought in the US you had to be of the age of majority for a contract to be binding? correct me if i'm wrong, but if i ask/force some pimply-faced kid to sign a contract to agree with something, then he fails to deliver, i wouldn't be able to sue him since i entered into a contract with a minor. granted it's not the spirit of what's going on here, but the letter seems pretty clear to me. i'm neither a lawyer nor an american (canadian, eh?) so i might be way off base, but i watch enough judge judy to get the gist of it. oh yeah, and minors can't sign binding contracts in canada.

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