Revolution Lullabye

May 25, 2009

Kiebowitz and Margolis, Seventeen Famous Economists Weigh in on Copyright

Kiebowitz, Stan J. and Stephen Margolis. “Seventeen Famous Economists Weigh in on Copyright: The Role of Theory, Empirics, and Network Effects.” Harvard Journal of Law and Technology 18 (Spring 2005): 435.

Kiebowitz and Margolis point out the assumptions and weaknesses in the brief 17 notable economists wrote collaboratively to support the Supreme Court case Eldred v. Ashcroft, which challenged the Sonny Bono Copyright Extension Act of 1998. The Court overturned the challenge, and the authors argue that the economists’ argument did not have any hard data to back it up and it did not offer a complete understanding of the purposes of copyright. Copyright is not merely exclusion; it is ownership, and ownership (through copyright) helps regulate production and prevents some of the negative impact of network effects. It isn’t just the copyright owner vs. the public commons good; copyright is more about protection (for the public good) than about exclusions.

Quotable Quotes

“Open access is not a universally preferrable way to manage a resource” (448).

“The copyright owner’s role is similar to the private owner of a natural resource that can be subject to crowding. In both cases, the owner tries to prevent dissipation of value through misuse of an asset. A rational owner would approve derivative projects that maximize his or her profits. Copyright policy must balance beneficial restrictions that constitute stewardship over resources against standard monopoly losses” (449) – then argues for the benefit of allowing paradoies, critiques

“copyright protects expression, not ideas” (449)

“A more complete view requires consideration of the responsiveness of creative efforts to marginal incentives and the function of onwership of intellectual property beyond the incentive to create” (449).

Notable Notes

only a small % of books, movies made from 1920s-1930s have current market value – the law doesn’t affect that many of them

the brief argued two things: 1. copyright extension doesn’t make economic sense, since the authors weren’t not creating because they didn’t have a super-long copyright protection 2. extra incentive has little real effect on the authors (*focused on the economic effect with royalties, not other effects) but imposes new and more restrictions and costs on new authors

the law – 70 years after death, 75-95 years for institutional authors, applied retroactively


May 20, 2009

Brown, Fallon, Matthews, Mintie, Taking on Turnitin

Brown, Renee, Brian Fallon, Elizabeth Matthews, and Elizabeth Mentie. “Taking on Turnitin: Tutors Advocating Change.” The Writing Center Journal 27.1 (2007): 7-28.

These four writing center tutors ran a paper through the Turnitin software and analyzed its results, arguing that Turnitin has both pedagogical limitations and ethical problems in the way it handles student writing.  It oversimplifies what it means to write with sources, and students can quickly learn how to “outsmart” Turnitin (but not become more sophisticated source-users) by using thesauruses to change individual words in an Internet source. Writing centers, since they come into contact with writers from all over the university, need to take the lead in plagiarism and citation issues and should argue for teaching citation first and giving workshops so that instuctors can interpret Turnitin results into pedagogical solutions.

Notable Notes

who owns the database of papers that Turnitin uses?

universities find it hard to opt out of Turnitin for a different service…all the student papers are stored there; they’d lose what they had gathered.

May 8, 2009

Rose, Authors and Owners

Rose, Mark. Authors and Owners: The Invention of Copyright. Cambridge, MA: Harvard UP, 1993.

Copyright is a modern phenomenon, rooted in both the development of capitalism and the pervasive concept of the individual author/genius. These two forces – economic and philosophical – drove the development of copyright law in early modern England, starting with the 1710 Statute of Anne. Rose uses historical court cases, bills, Parliament and legal records, essays and broadsides arguing about copyright from the era, and other histories of copyright law to write his history, which focuses on the development of copyright law in 18th century England. Rose explains the evolution of copyright from a printer’s privilege that acted as a form of government censorship to an individual author’s free and independent right to his property, which was deemed original due to his personality. Copyright reifies both the individual author and the individual work/text, is equated with real estate/landed property, and is used to distinguish between public and private works. Though copyright now is extended beyond literary texts and prevents the rapid, affordable circulation of texts (what it was supposed to protect and allow for), it’s not going away any time soon because both our economic system and our vision of our selves as individuals are so tied up in the system.

Quotable Quotes

“Copyright is not a transcendent moral idea, but a specifically modern formation produced by printing technology, marketplace economics, and the classical liberal culture of possessive individualism” (142)

Why don’t we “abandon copyright as an archaic and cumbersome system of cultural regulation” (142) – explains why we can’t

“The institution of copyright stands squarely on the boundary between private and public” (140)

“The attempt to anchor the notion of literary property in personality suggests the need to find a transcendent signifier, a category beyond the economic to warrant and ground the circulation of literary commodities” (129)

“The House of Lords bore witness to the radical instability of the concept of the autonomous author. After all, authors do not really create in any literal sense, but rather produce texts through complex processes of adaptation and transformation. Literary property is not fixed and certain like a piece of land…All forms of property are socially constructed and, like copyright, bear in their lineaments the traces of the struggles in which they were fabricated” (8)

Notable Notes

the modern marketplace as the “circulation of signs”, like paper notes instead of hard currency (129)

three levels of public/private covered by copyright: 1. unprotected commons v. privated protected 2. unprotected ideas (like patents) and protected expression 3. unprotected fair use and protected

copyright is cartography, not geography – a perspective, an orientation to look at the world (141)

perpetual v. limited copyright

comparision of copyright to patents (14 year limit) – is authoring like inventing? Hierarchy of mental and manual labor, mechanical v. divine inspiration, ideas v. expression

18th century emergence of paternity metaphors…plagiarism (kidnapping)

copyright is actually a compromise – either authors should have perpetual or not, so a limited term seems arbitrary

English booksellers holding on to guild system (Stationers’ Company) vs. Scottish printers wanting to compete in a capitalist model….

16th century- texts as actions (needing censorship), society bound by fidelity, patronage
18th century – texts as objects (someone’s property), society ruled by capitalism

dual concepts of property and propriety…why copyright was necessary

Donaldson v. Becket (1774) – copyright not perpetual

John Locke

move to establish authorship beyond the materiality of the pen and ink. What does it mean to author a work? To own a work? What do you author or own? Removing the work from the social fabric from which it was made reifies the author (88)

May 1, 2009

Haswell and Wyche-Smith, Adventuring into Writing Assessment

Haswell, Richard and Susan Wyche-Smith. “Adventuring into Writing Assessment.” CCC 45 (1994): 220-236. In Assessing Writing. Eds. Huot and O’Neill. Boston: Bedford/St. Martin’s, 2009. 203-217.

Haswell and Wyche-Smith, from Washington State University, explain the process by which they had a direct influence and control over the new writing assessment put into place at their institution and use their story to give other WPAs and composition faculty advice for how to create writing assessments. Their advice is four-fold: 1. assume administrators want the writing faculty to create the assessment (even if it seems that they don’t); 2. let local context shape the assessment, not vice versa; 3. take into consideration recent scholarship on assessment; 4. solict advice and suggestions from the teaching staff, who will be using and maintaining the assessment system.

Quotable Quotes

“Writing teachers should be leery of assessment tools made by others…they should, and can, make their own.” (204).

Notable Notes

my idea – look at writing assessment arguments K-U with the quality assurance programs put into place with ISO certification

February 15, 2009

Randall, Pragmatic Plagiarism

Randall, Marilyn. Pragmatic Plagiarism: Authorship, Profit, and Power. Toronto: U of Toronto Press, 2001.

Plagiarism is not a textual feature; rather, plagiarism is identified, named, and made an accusation by the reader, who must interpret the author’s intentions based on the text itself, which may not give clues to the author’s motivations. Plagiarism is also pragmatic because it is a source of power: profit (economic), imperial (conquest and colonialism), and guerilla (subversive, political, and revolutionary.) Randall focuses exclusively on historical and contemporary cases of literary plagiarism suspicion and accusation, investigating (through her study of the role of the reader and the power motivations for plagiarism) why some authors are accused of the crime of plagiarism and others are praised as artists and genius authors. She points out that textual ownership (manifest through copyright law) is a far more recent phenomenon  than textual authorship (which forms the ethical foundation of plagiarism, imitation, and appropriation, and was written about in ancient times.)

Quotable Quotes

Plagiarism “is not an immenent feature of texts, but rather the result of judgments involving, first of all, the presence of some kind of textual repetition, but also, and perhaps more important, a conjunction of social, political, aesthetic, and cultural norms and presuppositions that motivate accusations or disculpations, elevating some potential plagiarisms to the level of great works of art, while censuring others and condemning the perpetrators to ignominy” (5).

Plagiarism and copyright are two different histories, invoking “two different realms – the deontic and the judicial” (76).

“Plagiarism is a judgment imposed upon texts” (xi) – she looks at the judgments, not the texts.

Notable Notes

Book Outline
Part 1: relationship between plagiarism and authorship; ancient and medieval notions of authority, authenticity, and originality; plagiarism is about identity; development of authors as originators and then owners of discourse.
Part 2: the importance of the reader in “naming, compiling, and criticizing either plagiarism or its critics” (xii)
Part 3: profit, imperial, and guerilla plagiarism – plagiarism as power
Conclusion: the digital age is questioning ideas of authorship and ownership, but the death of authorship would mean the death of plagiarism, and accusations against plagiarism aren’t going to cease

Plagiarism is unethical for two reasons: form of stealing (property) and form of fraud (authorship)

Plagiarism is a crime against authors; copyright infringement is a crime against owners (268)

Uses Bourdieu, Montainge

February 9, 2009

McLeod, The Foreigner

McLeod, Susan H. “The Foreigner: WAC Directors as Agents of Change.” In Resituating Writing: Constructing and Administering Writing Programs. Eds. Joseph Janangelo and Kristine Hansen. Portsmouth, NH: Heinemann, 1995. 108-116.

McLeod surveys five metaphorical models for viewing the role of the WAC director, ultimately arguing that the best model is that of a change agent, a director that uses collaboration and conversation among the university-wide faculty to enact change in the college curriculum and in individual teachers’ pedagogy and teacher theories. The other four models that WAC directors often adopt – the conquerer, the diplomat, the peace corps volunteer, and the missionary – position the WAC director in a negative light, either by appearing top-down and combative, by acting like writing is the sole concern of a single department or unit (usually English), by decreasing the WAC director’s authority and effectiveness by having no budget or support, or by approaching writing instruction with a sort of moral authority, not allowing for dialogue about writing across the disciplines.

Quotable Quotes

WAC directors need “to invent their role with care as they venture into new territory”, make their “foreignness” work for them, not against them. (108)

WAC as a “quiet revolution” (look at Fulwiler) (115)

Notable Notes

Importance of securing a budget for director time release, clerical support, student support (peer tutor), and faculty workshops and follow-up for a successful writing across the curriculum program

WAC must be a faculty-owned, university-wide goal for it to be successful

Build a WAC advisory board or an all-university writing committee

Importance of an outside evaluation to get faculty support and budgetary support for a WAC program

February 7, 2009

Howard, “Collaborative Pedagogy”

Howard, Rebecca Moore. “Collaborative Pedagogy.” 54-70.

Howard, tracing the rise of collaborative pedagogy to Kenneth Bruffee and open admissions policies, explains several kinds of collaborative writing and learning used in the composition classroom: collaborative learning (the kind that happens in whole-class or small-group discussion); student collaboration in solo-authored text (through peer workshops and writing groups), collaborative writing assignments, and the collaboration that happens between a writer and text when a writer engages in source-based writing. Collaborative pedagogy contends the romantic notion of the solitary author, instead foregrounding the inherent social nature of language, meaning-making, and knowledge. It provides a social context for students to think and write in, flattens the hierachy in a classroom(which empowers students), and models the kinds of writing tasks students will have to do in the workplace.

Quotable Quotes

Writer/text collaboration – “re(formative) composition” that allows students to play with the language in sources without worrying about textual ownership issues: it could have “the potential for expanding students’ linguistic repertories and increasing the authority of their academic prose voices” (67).

Movement “away from a normative solitary author and toward an appreciation for collaboration” is necessary for the acceptance of and success of the pedagogy in the eyes of the discipline (56)

Notable Notes

Bruffee’s 3 principles: 1. thought is internalized conversation 2. writing is internalized conversation re-externalized 3. collaborative work is establishing and maintaining knowledge among a community of knowledgable peers.

Rorty – social-constructivist, knowledge is a “socially justified belief”

Ann Ruggles Gere; Kris Bosworth and Sharon Hamilton; Diana George, Marilyn Cooper, and Susan Sanders; Chet Meyers and Thomas Jones; Lusford and Ede; LeFevre, Glynda Hull and Mike Rose; Mary Minock; Keith Miller (African-American preaching)

With collaborative pedagogy, a teacher needs to discuss methods and problems of collaborative learning before the assignment, have the sutdents commit to a timetable and schedule, prepare for dissent and conflict, discuss the grading policy, and allow room for minority opinions/counterevidence in the project.

Question of plagiarism and cheating

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