The university counsel's advice shifts the issue from a legal problem to an ethical problem -- coercion instead of infringement. So it's really not possible to leave the ethical questions aside. DLB On Mar 8 2007, Tama Leaver wrote:
Well if we leave the ethical questions aside (which is a hard thing to do!) the legal advice given by the university lawyer and my institution (in Australia) was that we should change the faculty regulations so that submission via Turnitin was a course requirement and thus consent is given to use Turnitin at the moment of enrolement.
That said, the legal issues that may arise (but haven't yet in Australia) have stopped the majority of faculties here using Turnitin.
-- Dan L. Burk Oppenheimer, Wolff & Donnelly Professor University of Minnesota Law School 229 19th Avenue South Minneapolis, MN 55455 ********************************** voice: 612-626-8726 fax: 612-625-2011 bits: burkx006@umn.edu