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21 Apr 09

Court flunks high schoolers' appeal on plagiarism database - Ars Technica

  • 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.
  • 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.
23 Mar 08

Turnitin wins important victory in fight to combat plagiarism (and the bloat of copyright) (©ollectanea)

To the relief of many a high school, college and university administrator, Turnitin's system for helping teachers identify possible cases of plagiarism got a pass from the judge earlier this month. AV v. iParadigms (District Court, Eastern District of Virginia).

chaucer.umuc.edu/...n_wins_important_victor_1.html - Preview

52 fair use iparadigms turnitin

  • Thus, while I would hesitate to cite this analysis, it does give us some insight into how this court views the 4-part test. The analysis leans heavily on recent cases like Perfect 10 v. Google, that compare speculative harms to copyright owners with the enormous public benefit of transformative uses like indexing and come to the entirely unremarkable conclusion that such uses are pretty much exactly what fair use is supposed to be all about.
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