Wait a minute: It can't be a copyright *violation* if the student consents to the copying as part of the submission process ... it's a licenced copy/adaptation (the hash is an adaptation, but you can consent to an adaptation) ... assuming the student is fully informed that this is what's happening ... which may or may not be the case. As long as the copy isn't used for any purpose other than that stated, there's no violation of anything to do with copyright. If Turnitin doesn't exploit the students' IP by selling the copies and not compensating the student there's nothing the student can object to ... but arguably that's what's happening ... Does the student understand what will happen to the copy? If so, they can refuse to licence the copy but they have to bear the cost of that refusal ... which, as Dan points out, makes it an issue of coersion ... which seems to be the real issue here. But institutions 'coerce' their students on different things all the time, like having to pass assessments, parking restrictions, payment of tuition fees ...submit assignments in English ... referenced in a particular style ... and that's really only an administrative requirement. As far as I'm concerned, it's like drug testing: no-one's assuming anything until you refuse to submit to the test. Once you refuse, that's grounds to suspect their may be a problem ... and work on the basis that there might be until it's proven that there isn't. I doubt there's any real legal problems, since the copying is done with consent on submission (assuming Turnitin's lawyers are sharp enough to have thought of that one), but the ethical issue of coercing students is far more scary, IMHO. Is it reasonable to ask students to consent to a copying process that doesn't deny them consideration (assuming that's what's happening) and leads to a fairer system for all? What's the difference between that and requiring them to submit in a particular style of English? Or on paper? Or on a particular topic? Or by a particular date??? Cheers, Hughie (sorry, Barry, can't help you. But it's a good issue). ----- Original Message ----- From: <burkx006@umn.edu> To: <air-l@listserv.aoir.org> Sent: Friday, March 09, 2007 2:48 PM Subject: Re: [Air-l] turnitin issue
Turnitin in fact keeps a hash of the paper. That may be a copyright violation. In the process of making the hash, they make a copy. That is a copyright violation, in pretty much any jurisdiction. DLB
On Mar 8 2007, Barry Wellman wrote:
Dear AOIRers,
A colleague teaching another course has come across an issue with an undergrad who refuses to hand in her term paper because the faculty member's course requires that all papers also be submitted to Turnitin.com.
The student claims that this violates her own intellectual property because Turnitin reportedly keeps copies for future plagiarism searches.
As a supposed ICT & society "expert," my colleague came to me for advice. My first thought was horsefeathers.
However, I am wondering if there is any precedent or case law on this in Canada or the US. (EU would be too different, I think.)
I am not interested in the ethics or the morality of Turnitin, but in how other situations have been resolved.
Thanks, Barry Wellman _____________________________________________________________________
Barry Wellman S.D. Clark Professor of Sociology NetLab Director Centre for Urban & Community Studies University of Toronto 455 Spadina Avenue Toronto Canada M5S 2G8 fax:+1-416-978-7162 wellman at chass.utoronto.ca http://www.chass.utoronto.ca/~wellman for fun: http://chass.utoronto.ca/oldnew/cybertimes.php _____________________________________________________________________
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