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Court flunks high schoolers' appeal on plagiarism database - ...

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Saved by 13 people (0 private), first by anonymouse user on 2009-04-21


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First, TurnItIn required students to enter into a "binding agreement" when they uploaded papers to the site. Second, TurnItIn's use was "fair" according to the four factors found in US copyright law, with most weight being given to the "transformative" nature of what TurnItIn was doing with the papers

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The Appeals Court agreed with this analysis. "Plaintiffs also argue that [Parent company] iParadigms’ use of their works cannot be transformative because the archiving process does not add anything to the work—TurnItIn merely stores the work unaltered and in its entirety. This argument is clearly misguided," wrote the court.

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If you think this sounds a lot like the battle over search engine image thumbnails, you're not alone. The opinion noted the similarity to a case over Google Image Search, one in which judges had also concluded that Google's use of these copyrighted images was "transformative" even though they were not altered.

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