Controversial Issues

Copyright Basics For Educators

Intellectual Property

Plagiarism and Papermills

Software Piracy

Web Pages

Lesson Plans


Other CTER 4 White Papers

Access

Commercialism

Computer Crime and Technology Misuse

Credibility

Free Speech

Privacy

 

 


Intellectual Property
What are the main issues and questions?

Are there any Web sites about the issue of "freedom of information"?

Plagiarism
Can the new plagiarism (technology supported) be beneficial to teaching practices?

Can you rely on online services and software for detecting plagiarism?

Is plagiarism cheating?

But even if it isn't plagiarizing isn’t it still wrong?

What is plagiarism?

Why should we be concerned about plagiarism?

How can plagiarism be avoided?

If I submit a paper for one class and then submit the same paper again for another class, can I correctly be accused of plagiarism?

What are some additional resources regarding the issues of Free Speech?

Software Piracy
Are certain file formats "owned" by any one company or person?

Are there any other types of software besides what can be purchased commercially?

Do ideas belong to individuals or to the companies they work for at the time of development?

What is a resource to use for information on filtering software and censorship?

What can Internet users do to limit the amount of information collected by cookies?

Are users always aware of the consequences of downloading files and programs?

What is the law regarding software piracy?

What are the penalties for pirating software?

What are your responsibilities as a software user?

What is the economic impact of software piracy?

What is the government's commitment to legal software?

How does software piracy affect schools?

Web Pages
Should I grab HTML code from a Web page and use it to help me design a Web page for publication? Isn't this fair use?

Should I post links to other sites on my Webpage?

Should I post a student's photograph on my Webpage?

Should I publish student work on the Internet?

References and Resources

 

What are the main issues and questions?

The digital age has seen two controversial views on intellectual properties emerge. At one extreme of the issue are people who believe that intellectual property should be unprotected and unrestricted, while those at the other end feel that the government needs to pass and enforce laws to protect intellectual property. The key issue here is about producer rights and user rights; a balance between public and private interests.

Questions being asked in this debate are:

  • How does the violation of intellectual property rights compare to the violation of physical property rights?
  • Is information property?
  • Are ideas property?
  • Who owns knowledge?

Top

Are there any Web sites about the issue of "freedom of information"?

Top

 


Can the new plagiarism (technology supported) be beneficial to teaching practices?

Benefits may be found in an attempt to combat the new plagiarism. Because the new forms of plagiarism may include copy and pasting information into a paper or purchasing a paper online, teachers need to rethink the writing they assign. Certain assignments, like those that require a regurgitation of the facts lend themselves to plagiarism. The following sites offer a unique opinion of plagiarism and how it may benefit educational practices.

In Praise of Plagiarism
http://www.stthomasu.ca/~hunt/plagiary.htm

Prevent Plagiarism with an outcomes approach http://www.eddept.wa.edu.au/centoff/cmis/eval/technology/usenet/pplagiarism.pdf

Top

Can you rely on online services and software for detecting plagiarism?

Even though online services and software for detecting plagiarism are helpful and convenient they to can be problematic. The following sites describe some problems that may occur with these resources.

Turnitin.com, a Pedagogic Placebo for Plagiarism
http://bedfordstmartins.com/technotes/techtiparchive/ttip060501.htm

Top

Is plagiarism cheating?

Not everyone agrees that plagiarism is cheating. In fact it is an accepted practice for newspaper writers to pick up pieces of a story from the AP and include it in their article without reference. So why is it emphasized so in academics?

In Praise of Plagiarism
http://www.stthomasu.ca/~hunt/plagiary.htm

The University of Tasmania conducted an evaluation to determine the difference in plagiarism and cheating to develop academic dishonesty policies and procedures. The following site is a preliminary report published by the committee. The report makes a distinction between plagiarism and cheating.

Academic Misconduct (Plagiarism) - Preliminary Report
http://216.239.35.100/search?q=cache:etmDpDwIgjIC:www.admin.utas.edu.au

Top

But even if it isn't plagiarizing isn’t it still wrong?

Not everyone agrees with this point of view. Here are some dissenting opinions about plagiarism and copyright. The first was written by John Perry Barlow, lyricist for the Grateful Dead, and cofounder and executive chair of the Electronic Frontier Foundation.

The Economy of Ideas
http://www.wired.com/wired/archive/2.03/economy.ideas.html

Against User Interface Copyright
http://lpf.ai.mit.edu/Copyright/look-and-feel.html

Plagiarism: a misplaced emphasis
http://www.uow.edu.au/arts/sts/bmartin/pubs/94jie.html

Intellectual Value
http://www.wired.com/wired/archive/3.07/dyson.html

Copywrong
http://www.wired.com/wired/archive/1.03/1.3_stallman.copyright.html

Who owns knowledge?
http://mondediplo.com/2000/01/14queau

Sold Out
http://www.wcl.american.edu/pub/faculty/boyle/sold_out.htm

The Right to Read: A Short Story
http://www.gnu.org/philosophy/right-to-read.html

Top

What is plagiarism?

The answer to this question may seem simple. Plagiarism is most simply using another's work without giving credit. Even though it seems simple enough there are always differences of opinion as to whether a work was plagiarized. The following site, Is it Plagiarism?,(http://www.doug-johnson.com/dougwri/isit.html) details an incident that occurred in December 1999. A parent sent a message to Doug Johnson about plagiarism. He posted the question to LM_NET. He asked teachers how he might respond to the letter he received from the parent. He posted the original letter and all of the responses on this website. The of teacher responses clearly shows that even something as simple as the definition of plagiarism will not be interpreted the same way by any two teachers.

Avoiding Plagiarism, retrieved from the World Wide Web, August 2, 2002, http://sja.ucdavis.edu/avoid.htm

Top

Why should we be concerned about plagiarism?

You are cheating yourself when using someone else’s work.
It is a dishonest and illegal thing to do in using someone else’s work as your own and not giving the person credit for the work that was used.

Top

How can plagiarism be avoided?

  • Students need to be educated on what plagiarism is and they are not to copy word for word anyone else’s work unless that person is given credit for their work. When a person copies works and know it is a wrong doing this is called intentional plagiarism. Unintentional plagiarism is when someone copies carelessly, is sloppy with note taking, and copying and pasting on electronic sources.
  • When citing a source, regardless if you directly quote or paraphrase, use quotation marks and give the author credit. Sometimes you may be in doubt, but when you are, play it safe and give credit.
  • Use your own words and ideas
  • Learn how to correctly cite an author and paraphrase

Plagiarism.org, retrieved from World Wide Web August 2, 2002, http://www.plagiarism.org/faq.html

Top

If I submit a paper for one class and then submit the same paper again for another class, can I correctly be accused of plagiarism?

Not plagiarism, but certainly a lower academic standard. If you do not properly reference yourself and the content extracted from your previous paper, then you are recycling

Top

What are some additional resources regarding the issues of Free Speech?

The Freedom Forum is a nonpartisan foundation dedicated to free press, free speech and free spirit for all people. The foundation focuses on three main priorities: the Newseum, First Amendment freedoms and newsroom diversity. Note: The Freedom Forum has closed its international offices and discontinued international programs. The First Amendment Center consolidated its operations in Arlington and Nashville

Freedom Forum
http://www.freedomforum.org/about/

Free Speech Movement Digital Archives
http://bancroft.berkeley.edu/FSM/

Scholarly Publishing, Peer review and the Internet
http://www.firstmonday.dk/issues/issue4_4/proberts/
“This paper addresses one domain of academic activity where I believe such a stance might be appropriate, namely, scholarly publishing. A number of different forms of writing in cyberspace are identified, and some of the arguments in favor of moving from print-based publishing to electronic environments are assessed. The paper reinforces the need for rigorous systems of peer review in scholarly work, and considers possible futures for serials in cyberspace.”

Top




Are certain file formats "owned" by any one company or person?

The GIF Controversy: A Software Developer's Perspective
"Between 1987 and 1994, GIF (Graphics Interchange Format) peacefully became the most popular file format for archiving and exchanging computer images. At the end of December 1994, CompuServe Inc. and Unisys Corporation announced to the public that developers would have to pay a license fee in order to continue to use technology patented by Unisys in certain categories of software supporting the GIF format. These first statements caused immediate reactions and some confusion. As a longer term consequence, it appears likely that GIF will be replaced and extended by new file formats, but not so before the expiration of the patent which caused so much debate."
http://cloanto.com/users/mcb/19950127giflzw.html

Top

Are there any other types of software besides what can be purchased commercially?
Should Public Policy Support Open-Source Software?
"A roundtable discussion in response to the technology issue of The American Prospect."
http://www.prospect.org/controversy/open_source/

Top

Do ideas belong to individuals or to the companies they work for at the time of development?
TopDog software controversy
"(June 12 2002, updated June 14, 18 and 25) The well known search engine analyzer/submitter software TopDog of DC Micro Development, Inc. is allegedly being pirated."
http://www.pandia.com/sw-2002/19-topdog.html

Top

What is a resource to use for information on filtering software and censorship?
Blocking Software FAQ
http://www.peacefire.org/info/blocking-software-faq.html

Top

What can Internet users do to limit the amount of information collected by cookies?
Anti-Cookie Software
"Since cookies are still accepted by the popular browsers, there has been increasing information given to users on how to control or eliminate cookies."
http://www.cookiecentral.com/ccstory/cc5.htm

Top


Are users always aware of the consequences of downloading files and programs?

Aust(ralian) exec defends Kazaa sleeper software
"Two days after disclosures that file-swappers using Kazaa were unwittingly downloading software that could turn their computers into part of a new network, Kazaa's owner spoke up to defend the company's actions."
http://www.zdnet.com.au/newstech/communications/story/0,2000024993,20264393,00.htm

Top

What is the law regarding software piracy?

To make or download unauthorized copies of software is to break the law, no matter how many copies are involved. Whether you are casually making a few copies for friends, loaning disks, distributing and/or downloading pirated software via the Internet, or buying a single software program and then installing it on 100 of your company's personal computers, you are committing a copyright infringement. It doesn't matter if you are doing it to make money or not -- you are exposing yourself to severe civil and potentially even criminal penalties. For example, those individuals using the Internet to list, sell or distribute pirated or counterfeit software programs through online auctions and "warez" sites may be criminally prosecuted, even if they do not profit from the illegal activity.

Top

What are the penalties for pirating software?

Infringement, and statutory damages can be as much as $150,000 for each program copied. In addition, the government can criminally prosecute you for copyright infringement. If convicted, you can be, fined up to $250,000, or sentenced to jail for up to five years, or both. Apart from legal consequences, using copied or counterfeit software
also means:

  • Greater exposure to software viruses, corrupt disks, or otherwise defective software
  • Inadequate or no documentation. No warranties
  • Lack of technical product support available to properly licensed users
  • Ineligibility for software upgrades offered to properly licensed users

Top

What are your responsibilities as a software user?

You need to be responsible as a software user:

  • To purchase only legitimate software products
  • To install and use your software in accordance with the license agreement

Top

What is the economic impact of software piracy?

In the United States, 25 percent of all business software is unlicensed. The Business Software Alliance (BSA) estimates that in 2001 the industry lost more than $1.8 billion in revenue in the United States alone due to software theft. But software piracy's damaging economic impact is not just confined to the software industry. In fact, software piracy has an effect on the economic health of the nation as a whole. In 2000, the United States suffered a staggering 118,000 job losses, $5.6 billion in lost wages and $1.6 billion in lost tax revenue due to pirated software.

Top

What is the government's commitment to legal software?

Not only is the U.S. government continually striving to uphold and enforce intellectual property rights, but it has also become a leader in software management and legalization practices. In 1998, the federal government reinforced its own commitment to the use of legal, licensed computer software by requiring that all government agencies and
contractors use only legal software. Since then, numerous state governments have begun to follow suit.

Top

How does software piracy affect schools?

The widespread availability of computers and Internet connections in schools has meant a tremendous advance in learning for America's students. But it also provides an easy way for software piracy to operate, especially if students and teachers aren't aware of the laws that govern the use of software. Unless schools have a clear, written policy about software use that is distributed to every teacher and student, educators take the chance their school will become a home to software piracy. For more information checkout Reboot Your Attitude at http://www.bsa.org/nopiracy/reboot/ .

Top

 

Should I grab HTML code from a Web page and use it to help me design a Web page for publication? Isn't this fair use?

Just like books or purchased software a Web page contains content that is protected by copyright. Everything in software is usually copyrighted, including the source code. Whether or not to grab HTML code from a Web page is a controversial question that involves two separate issues about where and when copying occurs:

    1. "Is saving HTML source code to your hard drive a copyright violation?
    2. Is reusing the HTML source code as a template for your Web page a copyright violation?"

While we quickly recognize that the content in software and printed material such as books and magazines are protected by copyright the same is not true for Web pages.

Webpage Design Issues, Copyright Website, retrieved from the World Wide Web, August 1, 2002,
http://www.benedict.com/digital/webIssues/webDesign.asp

Top

Should I post links to other sites on my Webpage?

While there currently is no case law in this area the issue of links to a school or district Web site needs to be carefully reviewed. The National School Boards Association cautions that "a parent and/or student could sue the school system for injuries cause by information received from a We page linked to a school sponsored Web page. While the risk of losing a case of this type is slight; it could certainly cause an embarrassment for the district. It would be difficult for a plaintiff to meet the burden of proof necessary to hold the school district responsible for whatever harm befell him or her … Additionally a school district could be sued on constitutional grounds for either allowing or prohibiting the placement of a link on a school-sponsored Web site to another site."

Another related issue is copying a list of links from a Web site. For example, if you find a list of links for free clipart that someone has spent time accumulating this list would be protectable as a compilation. However, if you take a few links from this list you will probably not need to be concerned about a copyright violation.

Top

Should I post a student's photograph on my Webpage?

FERPA recognizes student photos as directory information and requires that parents be informed before this information is used. Before any student photo is published parental permission should be obtained. Once parental permission is obtained a good rule of thumb for student safety is to never publish names with photos of students. FERPA and the Illinois Department of Children and Family Services have set legal guidelines that involve signed permission slips concerning posting student information such as photos, names, and classwork on district Web pages.

Top

Should I publish student work on the Internet?

It is very simple to copy information from the Internet. Since students own their work their permission and the permission of their parents is required before student work can be posted. The moment a creative work is created it is automatically protected by copyright so it is not necessary for it to be registered to receive copyright protection. Original student material should include a standard statement of copyright ownership and any permissions that may be granted. A standard notice might read: "©200?, jdsmith . Permission to reproduce and distribute for nonprofit purposes granted." Parental permission is required to publish student work and to publish a copyright ownership notice.

Top


References and Resources

Academic Misconduct (Plagiarism) - Preliminary Report, retrieved from the World Wide Web, August 2, 2002,
http://216.239.35.100/search?q=cache:etmDpDwIgjIC:www.admin.utas.edu.au

Against User Interface Copyright, The League for Programming Freedom, retrieved from the World Wide Web, August 1, 2002,
http://lpf.ai.mit.edu/Copyright/look-and-feel.html

Aust exec defends Kazaa sleeper software, John Borland, Special to ZDNet, ZDNet, retrieved from the World Wide Web, August 2, 2002,
http://www.zdnet.com.au/newstech/communications/story/0,2000024993,20264393,00.htm

Avoiding Plagiarism, University of California, retrieved from the World Wide Web, August 2, 2002,
http://sja.ucdavis.edu/avoid.htm

Blocking Software FAQ from Peacefire, retrieved from the World Wide Web, August 1, 2002,
http://www.peacefire.org/info/blocking-software-faq.html

Business Software Alliance, retrieved from World Wide Web, August 1, 2002, http://www.bsa.org/usa/freetools/consumers/swandlaw_c.phtml

Conservatives and Intellectual Property, by James Boyle, text of a speech to the National Federalist Society Annual Meeting in Washington DC, published in Engage Volume 1, April 2000 p.83
http://www.law.duke.edu/boylesite/Federalist.htm

Controversy: Should Public Policy Support Open-Source Software?, The American Prospect Online, retrieved from the World Wide Web, August 1, 2002,
http://www.prospect.org/controversy/open_source/

Copywrong, Richard Stallman, Wired, retrieved from the World Wide Web, August 1, 2002,
http://www.wired.com/wired/archive/1.03/1.3_stallman.copyright.html

The Cookie Controversy: Anti-Cookie Software, Lori Eichelberger M.L.I.S., Cookie Central, retrieved from the World Wide Web, August 1, 2002,
http://www.cookiecentral.com/ccstory/cc5.htm

Disclosure of Personal Identification Information of Students available online at the Responsible Netizen Institute, retrieved from the World Wide Web, July 20, 2002,
http://responsiblenetizen.org/cipa/111.html

The Economy of Ideas, John Perry Barlow, Wired, retrieved from the World Wide Web, August 2, 2002,
http://www.wired.com/wired/archive/2.03/economy.ideas.html

Ensuring Student Privacy On The Internet by Dr. Nancy Willard available online at Education World, retrieved from the World Wide Web, July 15, 2002,
http://www.educationworld.com/a_tech/tech120.shtml

Family Education Rights and Privacy Act (FERPA) Regulations, retrieved from the World Wide Web,
July 8, 2002,
http://www.ed.gov/offices/OM/fpco/ferparegs.html

First Amendment, retrieved from the World Wide Web, July 7, 2002,
http://caselaw.lp.findlaw.com/data/constitution/amendment01/

Free Speech Movement Digital Archives, retrieved from the World Wide Web, August 2, 2002,
http://bancroft.berkeley.edu/FSM/

Freedom Forum, retrieved from the World Wide Web, August 2, 2002,
http://www.freedomforum.org/about/

The GIF Controversy: A Software Developer's Perspective, Last revision February 2, 2002. Original text published January 27, 1995. © 1995-2002 of the Author. Web shortcut to this page: lzw.info. Parts are quoted with permission from CompuServe Information Service. Parts are excerpted from the PNG specification., retrieved from World Wide Web, August 1, 2002,
http://cloanto.com/users/mcb/19950127giflzw.html

Illinois School Code (105 ILCS 5/10-20.20) Sec. 10-20.20. Protection from suit.) available online at http://www.legis.state.il.us/ilcs/ch105/ch105act5articles/ch105act5Sub17.htm

In Praise of Plagiarism, Ross Hunt, revised May/June 2002, retrieved from the World Wide Web, August 2, 2002,
http://www.stthomasu.ca/~hunt/plagiary.htm

Intellectual Property: Federal Policies Must Balance User and Producer Rights, Association of American Universities, March 2002, retrieved from the World Wide Web, August 1, 2002, http://www.aau.edu/intellect/IntlPropTP.html

Is information property?(Legally Speaking), by Pamela Samuelson, Communications of the ACM March 1991 v34 n3 p15(4) COPYRIGHT Association for Computing Machinery 1991. Retrieved from the World Wide Web, August 1, 2002, http://eserver.org/internet/Is-Information-Property.txt

Is it Plagiarism?, Comments gathered from LM_Net in response to a parent question, hit posted by Doug Johnson. Retrieved from the World Wide Web, August 2, 2002,
http://www.doug-johnson.com/dougwri/isit.html

Intellectual Value, Esther Dyson, Wired, retrieved from the World Wide Web, August 1, 2002,
http://www.wired.com/wired/archive/3.07/dyson.html

Legal Issues & Education Technology: A School Leaders Guide, 1999, National School Boards Association, A Technology Leadership Network Special Report developed by the National School Boards Association's Council of School Attorneys and ITTE: Education Technology Programs

Linking, Copyright Website, retrieved from the World Wide Web, August 1, 2002,
http://www.benedict.com/digital/webIssues/webLinking.asp

Plagiarism.org, Frequently Asked Questions, retrieved from World Wide Web August 2, 2002,
http://www.plagiarism.org/faq.html

Plagiarism: a misplaced emphasis, Brian Martin, Published in Journal of Information Ethics, Vol. 3, No. 2, Fall 1994, pp. 36-47, with minor editorial changes. Retrieved from the World Wide Web August 1, 2002,
http://www.uow.edu.au/arts/sts/bmartin/pubs/94jie.html

Policy Paradigms of Intellectual Property, by Oliver Roup, Paper for MIT 6.805/STS085: Ethics and Law on the Electronic Frontier, Fall 1995, retrieved from the World Wide Web, August 1, 2002,
http://www.swiss.ai.mit.edu/6095/student-papers/fall95-papers/roup-IP.html

Prevent Plagiarism With An Outcomes Approach, retrieved from the World Wide Web, August 2, 2002,
http://www.eddept.wa.edu.au/centoff/cmis/eval/technology/usenet/pplagiarism.pdf

Reboot Your Attitude, Business Software Alliance, retrieved from the World Wide Web, August 2, 2002,
http://www.bsa.org/nopiracy/reboot/

The Right to Read: A Short Story, Richard Stallman, This article appeared in the February 1997 issue of Communications of the ACM (Volume 40, Number 2). Retrieved from the World Wide Web, August 1, 2002,
http://www.gnu.org/philosophy/right-to-read.html

Scholarly Publishing, Peer review and the Internet, Peter Roberts, First Monday, retrieved from the World Wide Web, August 2, 2002,
http://www.firstmonday.dk/issues/issue4_4/proberts/

Sold Out, James Boyle, Originally published in the New York Times, March 31, 1996. Retrieved from the World Wide Web, August 1, 2002,
http://www.wcl.american.edu/pub/faculty/boyle/sold_out.htm

TopDog software controversy, Pandia Search World News Archive, retrieved from the World Wide Web, August 1, 2002,
http://www.pandia.com/sw-2002/19-topdog.html

Turnitin.com, a Pedagogic Placebo for Plagiarism, Bedford/St. Martin's Tech Notes, retrieved from the World Wide Web, July 12, 2002,
http://bedfordstmartins.com/technotes/techtiparchive/ttip060501.htm

Webpage Design Issues, Copyright Website, retrieved from the World Wide Web, August 1, 2002,
http://www.benedict.com/digital/webIssues/webDesign.asp

Who owns knowledge?, Philippe Queau, Le Monde diplomatique, retrieved from the World Wide Web, August 1, 2002,
http://mondediplo.com/2000/01/14queau

Top


Teri Grant
Julia Jeffreys
Vicky Romano
Kathy Schlappi
August 2002
© Copyright 2002 by tgrant, jjeffreys, vromano, & kschlappi. Permission to reproduce and distribute for non-profit purposes granted.