Revolution Lullabye

April 16, 2015

Sutherland-Smith, Retribution, Deterrence and Reform: The Dilemmas of Plagiarism Management in Universities

Sutherland-Smith, Wendy. “Retribution, Deterrence and Reform: The Dilemmas of Plagiarism Management in Universities.” Journal of Higher Education Policy and Management 31.1 (6 January 2010): 5-16. Print.

Sutherland-Smith argues for “sustainable reform” in how universities create and implement plagiarism policies (13). Sutherland-Smith contends that the dominant discourse in current university plagiarism statements and policies is grounded in the metaphors and language of criminal law. She points out that plagiarism is an issue that cannot only be addressed through detection and punishment; pedagogy (how students use sources) and ethics (the relationship among students, faculty, and scholars) also must play a role in how universities discuss and manage plagiarism.

Sutherland-Smith’s argument is grounded in her analysis of 18 plagiarism statements from top-tier universities in Australia, the UK, and the US. Sutherland-Smith analyzed the language used in these statements to define plagiarism, to describe the policies and procedures surrounding cases of plagiarism, and to explain the outcomes of the plagiarism procedure (7). Sutherland-Smith also analyzed 164 media reports about plagiarism published in two major Australian newspapers from 2004 to 2008. The media reports were used in Sutherland-Smith’s argument to describe what the public perception of plagiarism is, and how that perception relates to how universities describe and explain their plagiarism polices and procedures.

Sutherland-Smith points out that if universities hold students responsible for citation, universities must provide training/professional development for faculty across the disciplines for how to teach citation and other source use issues around plagiarism. This training, Sutherland-Smith argues, extends to all faculty, full-time and part-time, and is essential for creating and maintaining consistent policies and expectations , such as the use of plagiarism-detection software (9).

Quotable Quotes

“Universities need to re-examine long-held views that increasing punishment and detection processes results in deterrence of plagiarism and therefore a decrease in its appearance. The equation is faulty, as deterring students from engaging in acts of plagiarism does not necessarily mean they will take a path of academic integrity” (12).

“Focusing on developing plagiarism management strategies grounded in the web of ethical relationships that constitute the living organism of the university is a responsible place to start” (13).

“Clearly, the discourse of criminal law is the mainstay of many universities’ framing of plagiarism management policies and processes” (8).

“The very discourse describing students as plagiarism ‘offenders’ positions them as ‘wrongdoers’ even before any allegations are proven, which could cause some students considerable anxiety” (8).

“Universities also place the burden of understanding plagiarism and attribution conventions on students” (9).

“The discourse describing plagiarism incidents is often charged with emotion, closely aligned to the language of criminal law and reflects nations of retribution and punishment” (10) – the language of media/news reports. use of moral/immoral terms, panic about a plagiarism epidemic, linking and slippage between the terms plagiarism and cheating, blaming Internet/online source use for a unproven rise in plagiarism (10, 11)

Scholarship has shown that plagiarism “is certainly neither rampant nor unstoppable” (11).

Notable Notes

words used in university policies and procedures that relate to criminal law: penalties, sanctions, offender, accused. “Highly formal register” = legal language (8)

in these policies, there is ample language for penalty and punishment; not for reform and rehabilitation

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June 8, 2009

Logie, Peers, Pirates, and Persuasion

Logie, John. Peers, Pirates, and Persuasion: Rhetoric in the Peer-to-Peer Debates. West Lafayette: Parlor Press, 2006.

Logie addresses through rhetorical historicism five terms used to describe sharing in the peer-to-peer debates (hacking, theft, piracy, sharing, and war), arguing that in order to understand the basis of the arguments on both sides of the debate, we must throughly investigate the language through which those arguments are being made. He believes that current copyright restrictions, including DMCA and the TEACH Act, are limiting the potential of people to create new culture and ideas. Logie argues that the composition classroom, where students are taught about the social nature of composition, plagiarism, individual authorship, and intellectual property, is an important place to talk with students about the rhetoric, language, and arguments behind these debates and to teach them how they might argue for a copyright law that allows for the creative potential the Internet promises.

Quotable Quotes

“And while the stakes of intellectual property debates ultimately devolve to who gets paid how much and when, the mechanism for assuring fair compensation—a limited monopoly right—has profound consequences for the circulation and availability of cultural artifacts.”(8)

“Digital media offer opportunities to efficiently archive and access the bulk of artistic and intellectual work created since the dawn of humanity.

This is not an overstatement. The potential intellectual and social utility of these now-hypothetical archives is staggering. Our challenge is to engage in a principled argument about how best to achieve this goal. ” (21)

“[RIAA and other big media corporations] had persuaded most Americans that the act of downloading copyrighted material from the Internet—whatever the context and purpose—was illegal. This victory was achieved in large part because of the successful rhetorical strategies of the content industries. And once these industries had persuaded Americans that downloading was criminal, the logical next step was to ensure that it was perceived as

violent crime.” (66)

“The past decade’s major legislative amendments to copyright—in particular the Copyright Term Extension Act, the Digital Millennium Copyright Act, the No Electronic Theft Act, and the TEACH Act—collectively constitute a disastrous appropriation of rights, privileges, and opportunities formerly understood to belong to the public at large. At the very moment that the most powerful cultural tool in human history—the networked personal computer—has become both widely available and largely affordable, the U.S. is busily drafting laws that reinforce a copyright model optimized long ago for the circulation of print-based media.” (141)

Notable Notes

how ethos and pathos play into both sides of the debate, Burkean identification

no statistical significance on the economic effect of P2P sharing on record companies…Napster failed to show how most of its activity was not the theft of protected commercial property, but rather sharing of free culture for the public good

piracy = theft by force, kidnapping, murdering, violence

Napster, P2P file sharers aren’t targetted for downloading but for uploading – for distribution

sound quality of MP3 and CD – two different purposes

limits ability of cut and pasting with purchased Adobe e-books

May 18, 2009

Litman, Choosing Metaphors

Litman, Jessica. “Choosing Metaphors.” In Originality, Imitation, and Plagiarism. Eds. Eisner and Vicinus. Ann Arbor: U of Michigan P, 2008. 13-26.

Litman argues that the metaphors used to understand copyright protection and fair use have changed in the past thirty years, a change that has paralleled growth in copyright protection and restrictions in fair use. Copyright, when first conceived, was a balanced bargain between the author and the public, but has now shifted to a system of incentives, one grounded in the belief that more protection and control will result in more works of authorship and financial gain for authors. Fair use is now seen as a loophole that needs to be plugged, and piracy has shifted from the large-scale acts of criminals to describe individual unauthorized acts, for profit or not. These changes in metaphors have occured at a time when there is the digital technology to enforce tighter restrictions and control over intellectual property. Litman argues that copyright should not control how someone chooses to consume a work after its initial distribution.

Quotable Quotes

The expansion of copyright has “blinded many of us to the dangers that arise from protecting too much, too expansively for too long” (14).

Copyright has now become “property that the owner is entitled to control” (17).

Notable Notes

distinction of piracy today to any individual doing any unlicensed activity (21.) It’s not enough (or shouldn’t be enough) that this unauthorized behavior could result in detremental effects. Those detremental effects should be accounted before prior to accusing someone of piracy. Everyone has always copied and shared intellectual material – that’s the name of the game.

move to limit legitimate owners of copyrighted material from doing what they please with it (19) first sale doctrine, right to reread, loan, sell, give away

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