What's Right, Wrong, and It Depends

50 Cent Not Guilty of Copyright Infringement

2011-09-27T13:30:00.000-07:00

Although both works shared a Newark, NJ setting and some phrases, a federal court judge determined that 50 Cent did not plagiarize author Shadrach Winstead's book, The Preacher’s Son – But the Streets Have Turned Me Into a Gangster in the rapper's 2009 movie and album, Before I Self Destruct ("Judge Dismisses Copyright Case Against 50 Cent," Rolling Stone, 23 September 2011). In a related case, 50 Cent decided to revise the title of his new movie to avoid litigation from Nigerian author, Chinua Achebe who wrote a 1958 novel with a similar title. Interestingly, Achebe refused a significant offer to allow the rapper to use the same title as his novel, Things Fall Apart.

Discussion Questions:

The U.S. Copyright Office notes that you cannot copyright titles of works, but some may fall under trademark law. Do you think that the Nigerian author of novel, Things Fall Apart could argue that if the rapper used the same title for his movie, people would be confused and not buy the author's book? Why or why not?
Are you surprised that 50 Cent decided to change the name of his movie even though the author refused the sizable settlement to allow the rapper to use the same title? Why or why not?
Do you think famous performers usually win lawsuits on plagiarism against lesser-known authors? Why or why not?

LimeWire Slapped with $105 Billion Filesharing Fine

2011-05-13T13:34:00.000-07:00

Thirteen music companies agreed to LimeWire's payment of $105 billion for "massive scale infringement" marking what seems to be the final chapter of the illegal filesharing service that closed in October 2010 (LimeWire Settles Filesharing Legal Battle for $105m, Guardian Newspaper (UK), 13 May 2011). In a field of peer-to-peer filesharing companies such as Grokster, Kazaa, and Napster, LimeWire was the last to fall for copyright infringement. The Recording Industry Association of America (RIAA) claims that "U.S. recorded music sales fell to $7.7 billion in 2009 from $14.5 billion in 1999," due in large part to filesharing services like LimeWire.

Discussion Questions:

Do you think peer-to-peer filesharing services like LimeWire actually harmed music sales as the RIAA states? Or did filesharing actually serve to promote bands and singers, by getting their music to a large audience very easily?
Do you think other forms of entertainment like movies and video games actually cut into the profits of record companies? Where do you spend most of your entertainment dollars these days? Do you buy more video games than download music?
Do you think record companies give artists a fair share of revenues from music sales?

Caught Cheating? Take an Academic Integrity Class

2010-10-19T10:45:00.000-07:00

Students at the University of Arizona can now take an academic integrity eight-hour workshop if they are at risk of failing a class due to cheating or plagiarism (UA Plagiarism Workshop Gives Offenders Second Chance, Arizona Daily Star, October 10, 2010). One hundred students will attend sessions this semester to provide practice on paraphrasing and summarizing and discuss the importance of academic integrity. Since 1999, reported cases of plagiarism at the university have risen 700 percent.

Discussion Questions:

Do you think you could benefit from a class that explains how to prevent plagiarism and cheating? Why or why not?
Do you think most students who cheat or plagiarize will return to doing so after taking this class? Why or why not?
Do you think most students don't know how to summarize or paraphrase information correctly because no one taught them?
Do your college professors provide instruction on how to cite sources correctly? Or do professors think that students should know how to prevent plagiarism by the time they enter college?

Students Who Cheat May Display Mental Illness Tendencies

2010-09-13T08:32:00.000-07:00

Students who engage in cheating behaviors also score high in psychopathy or traits such as "erratic behaviour, manipulation, callousness and anti-social tendencies." Researchers from the University of British Columbia reported their research in the Journal of Experimental Psychology summarized in the September 12, 2010 Globe and Mail Canadian newspaper ("Cheaters Do Prosper – But Are They Psychologically Ill?," September 12, 2010). These students are more "impulsive," driven by competition, and are not affected by possible retribution for their academic misdeeds.

Discussion Questions:

1. Do professors encourage competition among students? Do you think a competitive atmosphere encourages students to cheat? Why or why not?
2. Do you think students can be taught to be academically honest once they reach college? Why or why not?

Colleges Aim to Cut Cheating by Outwitting Students

2010-07-08T15:00:00.000-07:00

Taking anti-cheating measures very seriously, several universities implemented high and low tech improvements to thwart students attempting to get an unfair advantage on assignments and tests ("To Stop Cheats, Colleges Learn Their Trickery"- The New York Times July 5, 2010). The University of Central Florida's testing center recessed their computer monitors to prevent photography of test questions on the screen and uses cameras to monitor student activities. Turnitin.com reports that students try various tricks to outwit the plagiarism identification tool, but schemes such as substituting foreign letters similar to English letters don't work. The story notes that academic integrity tutorials do seem to help cut plagiarism, since they help students understand the acceptable use and citation of information.

Discussion Questions:

Do you think campuses should use cameras to monitor testing centers? Why or why not?
Do you think the high tech measures some colleges use to prevent cheating are worth the cost? Why or why not?
Should professors only assign papers to be completed in class to prevent plagiarism? Why or why not?

Push to Publish Spurs Fabricated Research in China

2010-04-30T14:58:00.000-07:00

Because the status and pay of Chinese scholars is based on the amount of published research, unethical practices have been exposed by Western experts. (Rampant Cheating Could Degrade China's Research Ambitions - Austin American-Statesman from Associated Press, April 20, 2010). But plagiarism, faked research, and related misdeeds are not considered to be serious problems by all Chinese academics. Lu Keqian, a former teacher freely admits that he receives $45 to write papers, saying that "great leaders Mao Zedong and Deng Xiaoping needed help writing." Some 70 papers from Jinggangshan University were found to be "fabricated" by a British journal in December.

Discussion Questions:

If there is rampant academic misconduct, do you think the results of all research studies conducted in China should be reviewed?
Why do you think the writer mentioned in the article thinks that writing for others isn't wrong?

Cheating Reports at Stanford Increase Dramatically

2010-02-08T08:31:00.000-08:00

Even though Stanford University is one of the few colleges in the U.S. that has an honor code where students pledge to be academically honest, the campus is seeing a surge in cheating cases ("Stanford Finds Cheating — Especially among Computer Science Students — on the Rise" - San Jose Mercury News, February 7, 2010). "Although computer science students represent 6.5 percent of Stanford's student body, last year those students accounted for 23 percent of the university's honor code violators." A combination of increased reporting and a rise in dishonest acts fueled the spike among undergraduates. Many of the computer science cases involved homework assignments that employed unauthorized collaboration or altering another student's code. Beyond the computer science department, most of Stanford honor code infractions centered on unsanctioned group work.

Discussion Questions:

Do you find it surprising that Stanford students, who should be very intellectually capable since they were accepted into a prestigious school, are committing these dishonest acts? Why or why not?
Should collaboration be allowed in all assignments but not on tests? Why or why not?

Yale Sees Jump in Plagiarism Cases

2009-12-07T16:25:00.000-08:00

Yale University instituted a new plagiarism policy in 2007, but greater attention to the issue has accompanied an increase in reported plagiarism cases ("Despite Policy Change, Plagiarism Cases Up" - Yale Daily News, December 4, 2009). The policy change mandates that when professors request new course approvals in undergraduate studies, they must state how they will cover the topic of plagiarism and the correct way to cite sources. Coincidentally, the number of reported academic dishonesty incidents rose from 23 in 2006-07 to 29 in 2007-08. To prevent plagiarism, one professor limits her students to source material from a particular Yale archive for an assignment. However, most professors know that the Internet makes copy-and-paste plagiarism easy to do, but electronic anti-plagiarism tools just as quickly catch such unacceptable uses of online information.

Discussion Questions:

Do you think many students know what constitutes plagiarism, but engage in it anyway? Or do you think plagiarism is not understood by most students, so they accidentally plagiarize?
Take a look at the seven examples of plagiarism on the Academic Integrity and Student Success brochure (PDF). Did you already know that those actions would be considered plagiarism by Lone Star College?
What steps do you take to prevent yourself from committing plagiarism when you prepare coursework?

University Repays $600K Grant Due to Plagiarism

2009-11-09T11:50:00.000-08:00

Central Michigan University must return National Science Foundation (NSF) grant funds after research showed that "two math faculty allegedly copied and pasted uncited information" in an NSF-sponsored report ("University Officials Expect to Find Source of Money to Return NSF Grant within Two Weeks" - Central Michigan Life, November 4, 2009). University officials voted to repay $619,489 to the NSF, but at least one faculty member questioned the effects of the university losing this amount of money. Two of the seven math professors who worked on the grant secured employment at other universities. Central Michigan officials would not divulge if any punitive action was taken against math grant faculty that remain on staff.

Discussion Questions:

Should faculty be punished for plagiarism, especially when external funding must be repaid as a result of academic dishonesty? Why or why not?
Should the math grant faculty be required to contribute toward repayment of the grant? Why or why not?
Do you think universities put too much pressure on faculty to secure grants instead of teaching students? (See Redefining Research from Michigan State University State News for a snapshot of the urgency to qualify for research funding.) Does this push for external funding cause faculty members to commit plagiarism because they are pressed for time to complete grant reports?

Save Your Soul at a Tennessee University by Not Cheating

2009-11-06T08:19:00.000-08:00

A business professor who thought cheating occurred in his MBA class at Middle Tennessee State had students sign an honor code stating they would go to hell if they cheated ("Pledge Condemns Cheaters to Hell, MTSU Students Asked to Sign," WKRN.com (Nashville, TN), November 4, 2009). Some of Thomas Tang's students reported the incident to the department chair. In the video that accompanied the story, it was mentioned that the first part of the honor code included a listing of the 10 Commandments followed by the paragraph about going to hell if students cheated. The professor stated that he was "trying to raise standards" and that he was concerned about the suspected cheating especially since the class recently completed a chapter on ethics.

Discussion Questions:

Would you sign a document pledging to not cheat in class? Why or why not?
If a professor suspected an individual cheated in class, what would be the best way to handle the situation?
Have you ever reported other people you saw cheating in class? Why or why not?
Does it matter to you if other people cheat or plagiarize in a class you're taking? Why or why not?

Illegal Pay Practices Surface for Minimum Wage Workers

2009-09-14T13:20:00.000-07:00

Results of a recent study of low-income workers exposed a widespread disregard by their employers for federal labor laws related to overtime pay and minimum wage standards ("Low-Wage Workers Are Often Cheated, Study Says" - The New York Times, September 1, 2009). The study found that of the 4,387 employees studied, 68 percent received an average of 15% less income than they actually earned. Legal immigrants and American-born workers comprised 61% of the workers studied. Workers also reported that 57% were not given "mandatory pay documents the previous week" and 12% said that some tips were withheld. Employees in Los Angeles, Chicago, and New York City took part in the study, “Broken Laws, Unprotected Workers" sponsored by the Ford Foundation, the John Randolph Haynes and Dora Haynes Foundation, the Joyce Foundation and the Russell Sage Foundation.

Discussion Questions:

Workers for this study were questioned about wages in early 2008 before the economic downturn hit its peak. In 2009, do you think workers likely experience more illegal wage practices as a result of worsening economic conditions for employers? Why or why not?
Do you know someone who has received less pay and tips than they expected due to an employer illegally withholding wages? Do they have an estimate on how much income they lost as a result?
Does the government need to hire more people to check on employers pay practices? Or do business groups need to take more action to encourage employers to pay workers fair wages?

Fake Electronic Files that Cannot Be Opened by Professors

2009-08-07T10:41:00.000-07:00

Is it acceptable to buy extra time to turn in an assignment by submitting a bogus electronic document that cannot be opened by a professor ("The New Student Excuse?," Inside Higher Ed, June 5, 2009)? Corrupted-Files.com offers such a service for $4.95 (until August 31, 2009) to students who cannot or do not care to finish coursework on time. The web site provides Microsoft Word, Excel, or PowerPoint "files" of different lengths depending on the assignment requirements. Based on an email response from an address listed at the web site, the creator of this service responded to Inside Higher Ed that Corrupted-Files.com should not be considered cheating or plagiarism because the student eventually must submit a genuine assignment.

Discussion Questions:

Is it better to give an honest explanation to a professor if you cannot turn in an assignment on time than use Corrupted-Files.com? Why or why not?
One of the examples of academic dishonesty in the Lone Star College System brochure on Academic Integrity & Student Success (PDF) is listed below:

"Using counterfeit documents or false information to delay testing or manipulate course work to an advantage over other students."

Do you think this example above would agree that sending corrupted files to a professor is academically dishonest? Why or why not?
Is using a file from Corrupted-Files.com worse, better, or about the same as buying a paper from an online site that can be opened and graded by a professor? Why or why not?

Orwell Titles Erased from Kindle Book Collections

2009-07-18T22:19:00.000-07:00

When Amazon discovered that it was selling unlawful copies of George Orwell's electronic books, the company decided to remove the titles from its Kindle electronic readers even though users purchased what they thought were legitimate copies ("Amazon Erases Orwell Books From Kindle," New York Times, July 17, 2009). Kindle users voiced their astonishment and anger at the removal of Orwell's 1984 (ironically a book about government control of information) and Animal Farm but noted that Amazon erased other purchased books in its Kindle collection before this occurrence. The article also states that Amazon doesn't seem to mention that they reserve the right to remove purchased titles from individual devices in its "terms of service agreement."

Discussion Questions:

The article notes that 1984 is out of copyright in countries such as Canada and Australia and electronic copies of the book are free. Does the global electronic marketplace make it difficult for authors and publishers to control access to their works? Since many people still like to read hard copy books, do you think freely available electronic book copies prevent an author from earning a great deal of money for their works?
Amazon did credit user accounts for the Orwell purchases, but the article mentions that other retailers cannot seize purchased items from consumers. How would you feel about a company seizing electronic materials from your home computer if there was a legal challenge to your right to own it? What long-term effects will this Orwell episode have on sales of Kindle readers?

Plagiarism Charge Hits Television Personality

2009-06-23T14:40:00.000-07:00

An author of a celiac disease book accused television talk show co-host, Elisabeth Hasselbeck of plagiarism in a lawsuit filed June 22 ("'View' Co-Host Hasselbeck Accused of Plagiarism," New York Times report from an Associated Press story, June 23, 2009). Susan Hassett, author of Living with Celiac Disease sent Hasselbeck a copy of the book after the co-host of "The View" mentioned that she had the disease last year. Hasselbeck's book, The G-Free Diet: A Gluten-Free Survival Guide was published this year and Hassett cites "lists and passages" from her earlier book that have been found in the 2009 book. Also, incorrect information about celiac disease was included in Hasselbeck's book. Hassett's lawsuit aims to stop the sale of the latest book.

Discussion Questions:

Are celebrity authors unfairly targeted in plagiarism claims? Or do celebrity authors not possess sufficient expertise on a subject in many cases, so they feel the need to borrow freely from other authors without attribution?
Hassett mentions that Hasselbeck included "lists and passages" from the earlier book by Hassett. The United States Copyright Office at the Library of Congress notes what is not covered by copyright on page 3 of their Copyright Basics web page (PDF format). Unless the "lists" she mentions include added descriptions or explanations, they may not be protected under copyright. Do you think all information (including lists) in an author's work should be protected under copyright law? Why or why not?
Many popular books (in contrast to scholarly research studies) don't include lists of sources in the text of the book or in a bibliography at the end of the book. Should all books list sources used in preparation of that published work? Why or why not?

Kyocera Founder Touts Benevolent Capitalism

2009-05-03T12:23:00.000-07:00

Kazuo Inamori, founder of Kyocera, a Japanese cell phone manufacturer, says that companies should "seek profits supported by sound ethics and a strong sense of morality," something that is lacking in the current capitalistic model. ("Kyocera Founder Kazuo Inamori Criticizes U.S. CEO Excesses," April 21, 2009 - USA Today). Greed should not be the underlying principle in the quest for profit according to Inamori. He suggests that profit making should be tempered with what actions are "for the good of society." Inamori also says that astronomically-high executive salaries should not be the norm, because a CEO should share the wealth with all the players who contributed to company success.

Discussion Questions:

Are U.S. executives likely to buy into Inamori's philosophy about profit making with a heart? Why or why not?
Inamori also talks about profit making for the long haul so companies don't settle for short-term profit at the expense of long-term company viability. Will international companies continue to aim for short-term gains instead of long-term solvency as a result of the current economic crisis? Why or why not?
Inamori is an ordained Zen Buddhist monk. Do you believe that religious principles can guide a company to become more successful and increase profits? Why or why not?

Laptop Use in Class-Distracting or Beneficial?

2009-04-05T22:20:00.000-07:00

Increased campus wireless access to the Internet at the University of Colorado prompted discussion about laptop use in the classroom (Profs Grapple with Laptop Rules as CU Campus Goes Wireless - Boulder County Daily Camera, March 15, 2009). One student remarked about off-topic Web surfing being distracting and contacted her professor with a plea to restrict Internet use during class. Some professors banned laptops in lecture classes, while others require laptop users to be in the front seats. One clever professor matched laptop use with scores on the first test and 17 heavy laptop users were advised that they scored 11 percent worse than other students. According to the professor, after that alert only six students continued using their laptops and grades of laptop abstainers increased.

Discussion Questions:

Is it a student's right to use a laptop during class, despite the possible distractions it presents to other students? Why or why not?
Does the ability to search online to clarify a class discussion topic make the class presentation more interesting, because you can immediately add something from an online source? Why or why not?
Can most students easily multi-task online during class and keep up with the professor? Why or why not?

MySpace Posts Prompt Nursing Student Dismissal

2009-03-20T19:52:00.000-07:00

A former nursing student at the University of Louisville (KY) brought legal action against the school because they forced her to leave the program because of outspoken MySpace posts (U of L Dismisses Nursing Student over Blog Posts, Louisville Courier-Journal, March 14, 2009). The blogger, Nina Yoder, requested that she be allowed to return to the nursing program because the school "violated her First Amendment rights."

The nursing school countered that Yoder was expelled because she mentioned her affiliation with the University in the posts, talked about patients, used profanity, and made derogatory comments about ethnic and religious groups which violates the school's nursing honor code. In one section of the nursing honor code, students must pledge to maintain "confidentiality and professionalism in all my written work, spoken word, actions and interactions with patients."

Discussion Questions:

Do universities have the right to dismiss students because of activities outside classrooms and clinical settings?
The University of Louisville includes a statement on academic freedom at their website. It clearly states that "students have a right to their own views on matters of opinion, rather than fact, and a right to express those views in appropriate ways." If Nina Yoder did not disclose patient names, should she be able to talk about working with patients in her blog posts?

Professor Shuns Plagiarism Police Role

2009-02-18T10:43:00.000-08:00

In her new book, My Word! Plagiarism and College Culture, University of Notre Dame anthropologist Susan D. Blum promotes a proactive academic integrity appeal to students that encourages recognizing originality and distinguishing between levels of plagiarism (It’s Culture, Not Morality, Inside Higher Ed, February 3, 2009). With a greater emphasis on collaboration and a "entirely different concept of ownership," today's students need more education on what is acceptable when using the work of others in assignments rather than a heavy emphasis on the penalties for plagiarism. Also, constructing assignments to minimize the opportunity for plagiarism is an important academic integrity tool for professors.

Discussion Questions:

Do most professors assume that students know what academic integrity means by the time they reach college?
How much do professors explain acceptable practices when students work on assignments?
Do you think most professors agree that it's a good idea for students to work together on projects?
Is all plagiarism equally bad? Or is forgetting to cite a source worse than copying a paragraph from a book and not putting quotes around it?

Company Put Profits over Safety in Tainted Peanut Scandal

2009-02-18T07:25:00.000-08:00

Allegations that the Peanut Corporation of America (PCA) willfully sold salmonella-contaminated peanuts that caused at least nine deaths and made over 600 people ill in 43 states continues to rock the entire food industry (Salmonella Outbreak Eases Way for Food Safety Reforms, Baltimore Sun, February 15, 2009). The U.S. Food and Drug Administration (FDA) notes that PCA owner, Stewart Parnell disregarded "at least 12 tests revealing salmonella in 2007 and 2008" and persisted in distributing peanut products in a quest to increase profits. A criminal investigation is underway into PCA's actions.

In the wake of this tragedy, food safety advocates are calling for reform of the FDA with one Connecticut congressperson calling for a new agency, Food Safety Administration to work proactively to prevent food contamination. Rep. Rosa DeLauro sponsored legislation for the Food Safety Modernization Act to mandate that "companies control health hazards in their operations and meet federal standards for removing contaminants and be subject to regular inspections, based on the "risk profile" of the food they produce." Also, the act would give government the ability to "seize unsafe products and order recalls."

Discussion Questions:

Why would a company risk lives by distributing unsafe products? Are companies so desperate to make money in a downturned economy that they would do anything to increase profits? Didn't someone realize that continuing to distribute these dangerous products would ultimately cause the downfall of the company and related businesses?
Despite additional government inspections and regulations, the consumer still must depend on the food industry to act responsibly and follow safe practices when processing their products. How can the food industry ensure that companies employ best practices when processing food?
After reading this article from the Baltimore Sun, what other practices or regulations would you recommend to improve food safety?

Obama's Transition Web Site Licensed to Creative Commons

2008-12-02T13:12:00.000-08:00

The Obama Change.gov web site now permits viewers "to copy, distribute, display, and perform material from the site, as well as to remix it, as long as the work is attributed to its source" as reported in CNET News for December 1, 2008 ("Obama Team Changes Change.gov Copyright Policy"). The article notes that federal government sites are in most cases free of copyright use restrictions, so Change.gov is a bit different in that it requires attribution.

Discussion Questions:

Stanford Law Professor Larry Lessig is quoted in the article saying, in effect, that crediting an information source is good practice. Why do you think he made that comment? Do you agree or disagree with his statement?
Did you know that material produced by the United States government can be freely used without copyright restrictions? In this age of budget deficits and economic woes, do you think it would be a good idea for the federal government to charge use fees on goverment information? Why or why not?

Employee Qualities Desired by IT Management

2008-11-10T14:33:00.000-08:00

Computerworld magazine from November 10, 2008 cites ethics and morals as the top traits sought by information technology leaders based on an online survey by the Society for Information Management-SIM ("SIM Survey: Ethics, Morals Top Workplace-Skills Wish Lists of IT Execs"). "Gauging the moral fiber of job applicants" is a key aspect of the Dannon Co. hiring process according to Mike Close, chief technology officer. Jerry Luftman, a professor at Stevens Institute of Technology in Hoboken, N.J. and SIM's vice president of academic affairs noted that "circumventing security systems" and other misdeeds by technology employees has spurred the increased interest in assessing the ethical attitudes of new hires.

Discussion Questions:

Is it possible to determine a prospective employee's moral compass in a brief interview?
Is it most important that a company's administration exhibits ethical behavior to demonstrate what is expected of all employees?
Should all companies use and enforce a code of ethics so employees know what actions are acceptable and the consequences for not following the code?

Ethical Considerations When You Have 2 or More Jobs

2008-10-08T14:34:00.000-07:00

The Vancouver (BC) Sun highlights the issue of working for more than one employer in its September 20, 2008 issue ("Career Hazards Are Hiding in the Moonlight"). The problems usually surface when you hold 2 or more different jobs with employers in the same or related line of business. You may inadvertently disclose proprietary information to the other employer or one employer may believe you are doing work "on behalf" of the other company. The best policy is to be honest about your work situation with both employers.

Discussion Questions:

Should employers prevent their workers from taking a second job in a related industry?
Do you think it would be difficult to keep company secrets from being disclosed to another employer in a related industry?
If your second job is in an unrelated field, does your other employer need to know about it?
What are other concerns related to taking a second or third job to make extra money?

Uploading Class Notes for Payment?

2008-09-30T07:24:00.000-07:00

The University of Wisconsin-Madison student paper, The Daily Cardinal reports in its September 22, 2008 issue on a free new service, Knetwit.com that accepts uploads of student and faculty class notes from around the world ("New Website to Pay Students for Note-Taking"). Uploading students and faculty receive payment in "Koins" when their notes are downloaded by others. Koins can be turned into cash or used in the online store.

Employees of Knetwit.com say that the site "supplements" a student's class attendance and doesn't encourage absenteeism. Noah Simon of Knetwit.com adds that the site helps to "create another learning environment where students can network."

Discussion Questions:

How do you know if someone else's notes reflect what a professor really said or demonstrated?
Isn't it easier to go to class and take your own notes? Or bring a digital recorder to get everything a professor says (with their permission, of course)?
Is it ethical and/or legal to post notes based on content developed by someone else (your professor)?
Are notes so personalized that someone else cannot benefit from reading another student's writing? Do most students use so many abbreviations and symbols that the notes are useless to another student?
Isn't it more efficient to ask the professor directly for clarification of a topic if you don't understand?

Rowling Victory in Copyright Case

2008-09-08T20:08:00.000-07:00

Author J.K. Rowling prevailed in her case against a Harry Potter fan who wanted to publish a lexicon that added no original content to large portions of Ms. Rowling's work according to a BBC News story published September 8, 2008 ("Rowling Wins Book Copyright Claim"). Steven Vander Ark compiled his reference book primarily with Rowling's text from the Potter series. Rowling said this ruling champions the right of authors to control their creative material. Rowling herself planned to write a Potter encyclopedia with profits going to charity. Fair use allows for limited reuse of a creator's work providing that there is "criticism, comment, news reporting, teaching, scholarship, and research" added to the original content, based on the U.S Copyright Office's explanation of the practice. After the judge's decision, Rowling made a statement that seemingly supports the right of others to develop works "which offer original insights into the world of Harry Potter." However, she agreed that the lexicon did not include such unique material and that it should be considered "wholesale theft."

Discussion Questions:

If someone can rework pieces of her writing into another type of work, why shouldn't they be allowed to make a fraction of what Rowling earns?
Does "fair use" encourage a free flow of ideas based on another creator's work? Why or why not? NOTE: Review fair use details at the U.S. Copyright Office link above.

Student Athlete Offers Payment for Writing His Paper

2008-08-25T16:33:00.000-07:00

The penalty for a University of Buffalo basketball star placing a Facebook ad offering $30-40 for reading and writing about a book assigned in a course is a three-game suspension. The Buffalo (NY) News covers this story in its August 23, 2008 edition and features a quote from the "solicitation of academic fraud" Facebook request by University at Buffalo senior guard Andy Robinson (UB’s Robinson Suspended 3 Games). Another University of Buffalo student found the listing on Facebook and notified the student newspaper. Robinson "violated UB’s policies regarding academic integrity." However, he served the team well last season as the top scoring player.

Discussion Questions:

Was Robinson's punishment sufficient for his academic integrity infraction? Why or why not?
Do you think athletes get preferential treatment if they break campus rules?
If he wasn't the team's top scorer, would he receive a more severe penalty?

Prince's Music in YouTube Video Ruled as Fair Use

2008-08-25T08:11:00.000-07:00

The San Francisco Chronicle's August 21, 2008 issue reports that "small and innocuous" use of music clips doesn't warrant a demand by copyright owners to remove a video from the Internet (Woman Can Sue over YouTube Clip De-Posting). U.S. District Judge Jeremy Fogel of San Jose, CA made this ruling, seen as a major victory for what is considered fair use (see explanation of fair use at the U.S. Copyright Office) of copyrighted material. Federal law from 1998 allows copyright holders to order a "takedown" of unauthorized Internet material without substantiating infringement or filing suit. However, this latest ruling comes after a woman posted a 29-second video of her son dancing to Prince's song, "Let's Go Crazy" and Universal Music Corp. required that YouTube delete it and others using Prince's works.

Discussion Questions:

In your opinion, does the use of a particular piece of music in YouTube videos hurt or help the artist that created that music?
If a YouTube video gives credit to the original performer like Prince, should it be okay to use his music? Why or why not?
If a YouTube video is made "just for fun" and not for commercial purposes, is it okay to use copyrighted music in the video? Why or why not?

Website Encourages Donation of Old Exams

2008-06-13T12:26:00.000-07:00

On June 10, Inside Higher Ed reported that representatives of PostYourTest.com, encouraged University of California at San Diego (UCSD) students to donate "used" exams in return for a Starbucks $5 gift card. The website creator aims to make tests available to "level the playing field" according to the article, so everyone and not the privileged few, has access to the information. Professors can add their name to a "ban list" if they prefer not to give universal rights to student donations of their tests. The issues of unauthorized access to testing material and not securing professors' permission to their intellectual property (i.e., test questions) angers faculty members at UCSD. But professors beyond UCSD may feel the same way if the web site creator follows through with his intention to add other schools to his site.

Discussion Questions:

Does a student have the right to give a test to a website so others can use it?
Is it fair to students and professors to post tests online so they can be viewed by anyone?
Should professors rewrite tests every semester so studying old tests online doesn't give an unfair advantage to students who know about the website?

Governor's Daughter Gifted with West Virginia University Degree

2008-06-05T14:30:00.001-07:00

In an ongoing story, The Pittsburgh Post-Gazette reports that Heather Bresch, daughter of West Virginia Governor Joe Manchin, received a West Virginia University (WVU) Executive M.B.A. degree even though she did not "register for, pay for, or complete" 22 hours of coursework noted on her transcript. The June 5, 2008 article continues to note that WVU President Mike Garrison formerly worked for Ms. Bresch at a drug company that is also a major donor to the university.

Discussion Questions:

Would you accept an academic degree that you didn't earn? Would you decide to accept it if it meant you would earn more?
Should the WVU president resign if his staff approved the transcript change, even if he was not personally involved?

In the Case of Scott McClellan and Workplace Ethics . . .

2008-06-05T11:49:00.000-07:00

U.S. News features a story from June 3, 2008 that discusses George W. Bush's former press secretary Scott McClellan's new book and whether loyalty to a supervisor is more important than demonstrating ethical behavior on the job. An interview with law professor Stephen Goldman, author of Temptations in the Office: Ethical Choices and Legal Obligations, is featured. Goldman mentions that if someone knows about unethical actions at work, they can say nothing, speak up, or quit that job. However, he notes that many people don't have the luxury of jeopardizing their current employment, so they keep quiet.

Interestingly, Goldman points out that the Bush administration didn't dispute McClellan's comments, but accused him of being "disloyal" to the president. The best way to inspire workers to be ethical is to make sure the top brass act with integrity and say that they expect their employees to do the same, he continues. Furthermore, he adds that everyone in the company should take responsibility for their actions and not blame others for lapses in judgment.

Discussion Questions:

Is loyalty to your supervisor more important than speaking up for fairness and honesty?
Would you work for a business that doesn't value honesty and fairness as long as they paid you an outstanding wage?
Did you ever report wrongdoing on the job either anonymously or directly to a supervisor? What was the result?