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The Ugliness of Privacy Notices
Is there a legitimate market for student papers to be included in plagiarism-checking databases? Or for resale to further plagiarism?
If there are no legitimate markets at all, it seems like that fact would tend to undercut the cost recovery rationale for copyright, limit the infringement argument (because there's no improper appropriation), and maybe strengthen at least one factor of a fair use defense.
If Turnitin was used as designed, as a teaching tool, allowing the students to do a self-check of their papers, this lawsuit probably never would have happened. Most people are ignorant to the fact that a large percentage of the student papers that are submitted consist of words and ideas taken from other authors without proper citation or acknowledgment. The student that initiated this whole scam lawsuit is a D level student. Do you think it is fair to the honest, hardworking students when the cheaters get better grades on papers by using what someone else wrote?