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1: ACS:Law Take Alleged File-Sharers To Court – But Fail On a Grand Scale

First off today, the British law firm ACS:Law has suffered a setback in its attempt to litigate against suspected file sharers. The firm sought default judgements against eight suspected file sharers who had not responded only to have all eight motions denied. The judge took issue with some of the arguments made in seeking default judgement, including whether having an open wifi was a form of copyright infringement and whether the plaintiff could bring the copyright claims as they were not the rightsholder. The judge also noted that several of the defendants had responded, making the motion for default judgement inappropriate. It is not clear if ACS:Law can or will move forward with these cases before a full trial or if they will be forced to drop them entirely.

2: EFF Demands Copyright Troll Pay for Suing Democratic Underground

Next up today the Electronic Frontier Foundation has countersued Righthaven, the organization that has become famous for suing websites for republishing content from the Las Vegas Review-Journal, claiming that Righthaven needs to pay the organization’s legal bills for their successful defense of Democratic Underground. Righthaven had sued Democratic Underground claiming copyright infringement of Review-Journal content but dropped the case after the EFF offered a defense and made a fair use claim that seemed likely to succeed. According to the EFF, the lawsuit was either frivolous or in bad faith, meaning Righthaven owes the EFF expenses for defending the case.

3: MPAA to Warn Colleges Of Copyright Infringement

Finally today, the MPAA will be sending out warning letters to colleges and universities that it says are not doing enough to stop piracy by students. Specifically, the MPAA is citing the Higher Education Opportunity Act of 2008, which requires universities to take action against piracy to receive Federal funding. The MPAA has said it has no intention of suing students and just wants to help colleges comply with the law. The notices, however, will include “specific instances” of infringement at the colleges that get the letter.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

If you value originality and authorship, whether philosophically as ideals or merely in practice, it can definitely feel like a dark time. As an article in the New York Times earlier this month discussed, students are seemingly placing less and less value on originality and are viewing plagiarism as a less serious offense.

In a survey cited in the article some 40 percent of students admitted to having copied at least some content without attribution in their studies and only 29 percent viewed copying from the Web as “serious cheating”, down from 34 percent a decade ago.

While it is easy to dismiss this talk as the standard alarm pieces that usually pop up as schools get ready to let back in, it is clear that there is at least some shift and academics, authors and artists all have cause to be worried.

Even more odd, all of this comes at a time when the technology to detect copying is at an all-time high both in terms of ubiquity and capability. Also, the punishments for plagiarism are also increasing, both in terms of severity and frequency.

With so much at stake, many are wondering what to do. Teaching plagiarism “generation plagiarism” is a major challenge but one that academics and artists have to reach to.

Searching for an Answer

Much of the answer may lie in another New York Times op-ed piece, this one written by Stanley Fish, a professor at Florida International University.

According to Fish, the philosophical arguments surrounding originality are moot in the subject of plagiarism. Whether or not there is a such thing as original work, plagiarism, once again according to Fish, is not a construct of a great societal moral code, but rather, is an “insider’s obsession” similar to the rules of a game or profession.

This is similar, in his view, to how there is a great philosophical debate whether or not there is such a thing a truly free speech yet we have free speech regimes that we value dearly. Originality is no different.

To illustrate this, he highlights how different professions have different standards of what is and is not plagiarism. For example, academics have a much more strict standard than attorneys, who often copy and paste freely. The standards are less about what is right and wrong, but the rules that the profession needs to survive and thrive, thus why those inside it take them so seriously.

And that, at least in theory, is a big part of the problem with students and many who post online. They are not part of the profession nor do they even consider themselves hobbyists within it. Students are part of the academic profession buy they are there by force, usually on their way to other careers, and those who post online are usually more interested in maintaining their presence on the Web than art, literature, etc.

That makes this “insider obsession” very foreign to them. They don’t understand it, don’t see why it is a big deal and don’t feel compelled to follow it. These “casual” plagiarists, which are opposed to “dedicated” plagiarists who are in the system and violate the rules anyway, are essentially playing by a different set of rules and see no reason to change.

One Minor Rebuttal

For the most part, I agree with Fish’s theories. There are definitely different standards of plagiarism across different professions, a factor that greatly complicates my plagiarism analysis work, there is also a universal element that is overlooked.

When you turn in something with your name on it or post a work online on your site, you are claiming to have created those works and, when you haven’t, it is a lie. It may be a lie to an instructor or the nameless/faceless masses on the Web, but it is a lie nonetheless.

Though plagiarism, may not have the same kind of cultural ubiquity as stealing, as Fish points out, lying is still not a socially accepted practice and, for the most part, is treated seriously. However, obviously, there is a growing belief in some circles that, at the very least this lie, is not a serious infraction.

Reaching Out

So this raises the question of how do we teach plagiarism to those who might not want to hear it. It’s a difficult question.

What is clear is that the current techniques don’t work. Ramping up punishments and explaining what plagiarism is doesn’t achieve the results. Instead of not plagiarizing, students (and others as well) just work harder to avoid detection and instead focus on doing the minimum needed to skate by and avoid problems.

Instead, there needs to be a focus on how plagiarism is taught, especially in schools, and a few things that can be done immediately.

1. Focus on Why: Students often say they don’t understand what is and is not plagiarism, but part of that is because they may not understand why it is important. When students understand the purpose behind plagiarism enforcement, what is and is not plagiarism becomes easier to understand, making them better able and more likely to follow the rules.
2. Tweak Assignments: Focus on creating plagiarism-resistant assignments. Not only does this force students to do their own work, but teaches them how and why to do it as well. That has the potential to also help encourage original work on assignments that might be more easily copied.
3. Treat Plagiarism As An Educational Issue: Plagiarism, as mentioned above, is about learning the rules of an industry. Though it can be a disciplinary issue, such as when a student buys a paper off the Web, it is more often than not an educational one. The same as you don’t punish new baseball player for running straight to third on a hit (though you should punish him for using a corked bat), you shouldn’t punish students for what is clearly an honest mistake.

Obviously, these are just some initial steps, there’s a lot of work to be done in this field and there will be no quick fixes. But unless academics can begin to teach plagiarism students will not only find themselves ill-equipped for the working world, where they will be expected to always do their own work, but many will find themselves at a loss when they enter fields, even as amateurs, that have higher standards for plagiarism.

Bottom Line

There is much more to be done, of course, in my work with schools and with academics I see that there is a lot of tension between students and teachers but, more importantly, I see a lot of interest in plagiarism issues from students. It almost borders on curiosity but is usually tinged with fear and when they have someone they can ask, whether an outsider like me or just a trusted teacher, there’s a lot they want to understand.

So, it seems to me the first thing that teachers can work to do is reduce the climate of fear around plagiarism. Treat plagiarism as a serious offense when appropriate, but the “us vs. them” mentality many instructors have taken is counter productive, causing students to question and hate the rules placed upon them, seeking out philosophical arguments against them and justifications for violating them.

If you want students to understand plagiarism, they have to be comfortable talking with you about it. They can’t fear you. Though you have to discipline those who knowingly cheat, the climate of fear has to end.

Note: For the record, I don’t like the term “Generation Plagiarism” but since the NYT articles it has sadly become slang, making me want to reach out to those who feel lost in trying to talk with those students.

1: RIAA Outraged by YouTube-Viacom Decision

First off today, in a move that will likely surprise no one, the RIAA is upset about the recent ruling in the Viacom v. YouTube case, which found that the video sharing site was protected by DMCA safe harbors and not liable for copyright infringement. In a blog post on the topic, RIAA President said, Cary Sherman “We need businesses to be more proactive in addressing infringement, not less.” The RIAA is, much like Viacom, hoping that the Appeals Court will reverse the summary judgment dismissing the case.

2: New Rules Bring Online Piracy Fight To US Campuses

Next up today, July 1st marked the first day in which a critical provision of the Higher Education Opportunity Act of 2008 went into effect. This provision makes colleges more responsible for taking steps to prevent illegal file sharing on their campuses lest they lose Federal funding. Some colleges are blocking P2P services altogether while others are issuing warnings and launching education campaigns. The law requires colleges to take one “technological” measure to prevent file sharing but gives a great deal of leeway in determining what that can be.

3: Officials: Ukraine Needs to Raise Awareness of its Copyright Laws

Finally today, officials in Ukraine say that the country has a copyright problem, but not one related to the law itself. Rather, the issue is that even law professors within the country are unaware of what the law actually says. According to Mykola Paladiy, head of the Intellectual Property Department at the Education and Science Ministry, nearly all law professors in the country would fail a basic copyright exam and needs to do more to educate lawyers, judges and other officials on the law in the books, which complies with some 23 international agreements.

Suggestions

That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

Want the Full Story?

Tune in every Wednesday evening at 6 PM ET for the live recording of the Copyright 2.0 Show or wait and get the edited version Friday right here on Plagiarism Today.

photo credit: Wesley Fryer

When it comes to issues of plagiarism, it is only a matter of time before schools and universities come up.

Plagiarism has become a hot topic in the academic arena. High-profile scandals have made a historically private issue a very public shame, technology has made it easier than ever to copy your work and universities have invested more than ever in tools to counter that threat.

When I talk to professors and deans, I get the feeling that they see themselves as being in the middle of the war and, specifically, that they are losing. However, when I talk to the students, I get a very different picture. One of a faculty clueless about the latest technologies and unwilling to adapt to the modern world.

Since the attitudes and problems college professors and students deal with in plagiarism matters often spill over into the larger Web, it is worthwhile to take a moment to think about these issues, what is going on and what both sides can do to fix the problem.

Darn Kids

Every once in a while I get an email from a college professor. He suspects that he’s caught a student plagiarizing and wants a second opinion. He forwards me the information that he has and I give it a cursory look. I note similarities and differences and help him draw some kind of a conclusion.

Most of the time, it is a very informal process and, to my knowledge has never lead to any formal charges against a student. Though I have been paid for this a few times, usually out of some kind of “discretionary fund”, it often is pro bono as well.

But where the cases I have helped with have, traditionally, been fairly mild. Other universities have been far more aggressive in dealing with plagiarism.

Some schools, it seems, feel that they are at war with plagiarism and they have armed themselves with the latest tools to fight the “enemy”.

Never mind that the enemy is their own students and that the tools they use do not detect plagiarism, only similar text. In many of these schools, when an originality report ticks above a magic number, the professors and administrators seem to glee at calling the student on their alleged plagiarism in the same way a guerilla army celebrates capturing an occupying soldier.

These accusations, almost inevitably, lead to disciplinary trials which can then result in the expulsion of the student. Students can have their lives and futures ruined by the mere allegation of plagiarism and some universities seem to be all-too-quick to throw around the word.

This, in turn, creates a climate of fear on the part of the student. But where a fear of plagiarizing may be necessary, this particular fear goes well beyond performing any intentional misdeed and create undue stress about making honest mistakes or even having bad luck.

This is not conducive to good research, academic writing or learning in general.

The Problem of Plagiarism

Schools do have a great deal to worry about with plagiarism. With computers and the Web, plagiarism is easier than ever before. Where a plagiarist had to be dedicated to stealing in the age of the typewriter, the invention of copy and paste has brought plagiarism to the purely lazy.

The problem is compounded by the fact that many students do cheat. Though studies are unreliable, a high percentage of students do admit to having done something dishonest on an assignment at least once.

This creates a serious problem for schools. If they earn a reputation for being light on plagiarists, outsiders think less of the school. Should that happen, it’s degrees are given less weight, it is a less desirable school to attend and that hurts both admissions and donations.

For this reason, schools are scared. As technology increases the ease and likelihood of cheating, it also increases the danger their reputation could take a serious hit.

Many smaller schools, eager to improve their standings, have taken the initiative in this area, creating super-strong academic dishonesty policies that show zero tolerance for plagiarism.

As a result of these policies, every year, thousands of students are expelled or disciplined for plagiarism, often times for minor infractions or even accidents.

Why the War on Plagiarism is Bad

The problem with this war on plagiarism is two fold.

First, plagiarism, save in its most extreme cases, is highly subjective. Unless the student copied the entire paper or very lengthy passages, it is entirely possible two people can look at a case of plagiarism and, despite both being very smart and capable people, can draw two very different conclusions.

This subjectivity creates serious problems. First, it means that students often face plagiarism accusations due to misunderstandings or simple mistakes. Second, it has been used, allegedly, to push out students that were unpopular with the faculty.

The second, and much larger, problem is that schools are not supposed to be in the business of throwing out students or damaging their futures. The primary function of a school is to teach students and help them achieve greater things. That is not achieved by intimidating students and throwing them out on their ear.

Yes, cheating students need to be dealt with harshly. Not only do cheaters hurt the university but they are also unfair to the students who do put the effort in and do their own work, no matter what the grade.

However, not all plagiarists are cheaters. For every student that downloads a paper from the Web to pass of as their own, another forgets a citation, doesn’t paraphrase adequately or makes some other simple mistake.

It is the latter group of students I fear for and the latter group that needs the most attention.

Plagiarism as an Opportunity

If the goal of a university is to teach, then they should be eager to jump on any chance to educate students. Plagiarism issues, especially those that are borderline, provide such a chance.

Rather than being in a rush to throw students out of the school, where they can’t learn anything at all, every effort should be taken to educate and help students who face such accusations.

Simply put, a high number of similar but unmatched words could be a sign of many things, not just of a cheater. Consider the following problems the student might have:

1. Poor research skills.
2. Flawed writing skills.
3. Lack of computer experience.
4. Limited of familiarity with citation styles.
5. Misconceptions about plagiarism.

The point is that plagiarism should never equal automatic disciplinary action, though at some schools it does. Such a subjective crime with so many opportunities to educate should not carry automatic penalties. Room for human judgment has to be considered.

It makes sense, for first time offenders with subjective cases, that remedial courses, not suspension or expulsion, be the first punishment. Some schools have caught on to that idea, but many others have not.

This has resulted in many students being subjected to harsh punishments, not because they tried to cheat, but because they either made a mistake or lacked the skills to do the assignment correctly.

Schools should not be punishing students for what they don’t know or can’t do, instead, they should be helping them obtain the skills to get it right the next time.

Conclusions

While most universities will say that they are battling plagiarism for the benefit of the students who do their own work, I fail to see how overreaching policies that punish students for mistakes helps any legitimate students at the university.

Simply put, no one learns well in a climate of fear. Furthermore, no one does their best work nor do they grow as a person when they are worried about making mistakes.

The school’s job is to support its students, including those that need help.

While we can all agree that plagiarism is bad and the students who do cheat deserve serious punishments, we have to recognize that not all cases are so clear.

Simply put, originality reports are not definite answers from a magic program. They can not tell you whether or not plagiarism took place, only whether or not duplicate text appears.

It is up to the administrators and the students to decide if any rules were broken and to help those who may have unwittingly run afoul of the school’s code.

It was once again another big week for copyright news as Chris and I did our best to condense a massive linkroll down into a one-hour show filled with our usual mix of news, view and abuse.

All in all, there were eighteen stories this week including news from all over the copyright world including our “Weird Story of the Week”.

This week’s stories include:

• The Controversial College Funding Bill Passes Congress
• Scrabulous Morphs into WordScraper
• “Italian Pirate Bay” goes Down
• Oink Uploaders Go Free
• Buckcherry Slips Up
• And Many more…

You can download the MP3 file here (direct download). Those interested in subscribing to the show can do so via this feed.

Show Notes