tag:blogger.com,1999:blog-5574479.post6757801516817973819..comments2024-03-29T13:59:42.629+00:00Comments on The IPKat: Plagiarism: do we know what it means, do we know why we need it?Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-5574479.post-34271172538759406292010-09-06T00:15:32.683+01:002010-09-06T00:15:32.683+01:00They may be using electronic methods now to cut an...They may be using electronic methods now to cut and paste, but these issues have been around for some time (ie definitions of plagiarism and the misunderstandings between it and copyright). Good sources are: Green S Plagiarism norms and the limits of theft law (2002) 54 Hastings Law Journal 167; Sterns L Copy wrong: Plagiarism process property and the law (1992) 80 California Law Review 513; Buranen L and Roy A (eds) Perspectives on Plagiarism and Intellectual Property in a Postmodern World New State University of New York Press 1999.Mary Wyburnnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-12950438865585135632010-09-05T08:48:02.512+01:002010-09-05T08:48:02.512+01:00I am always suspicious of people mentioning theft ...I am always suspicious of people mentioning theft in the context of IP, because conceptually often the acts that are called copyright theft lack the essential incidia of real theft. Theft, at least as a UK concept, means dishonestly appropriating the property of another with the intent to deprive them permanently thereof. <br /><br />Copyright is at heart a right to prevent another from copying. So-called copyright theft very rarely involves seeking to deprive the proprietor of the right to prevent others from copying. In fact, it invites the proprietor to exercise its rights. <br /> <br />A wrongly decided entitlement dispute deprives the proprietor permanently of its property. If done dishonestly (and therefore, as you suggest below, involving fraud) that could reasonly be thought of as a theft. In fact, as the Theft Act expressly says that property includes incorporeal property, in the UK it would be entirely proper to call this a theft. But not copying per se.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-76345070203899734902010-09-04T20:00:56.273+01:002010-09-04T20:00:56.273+01:00Plagarism is an ethical wrong and a breach of soci...Plagarism is an ethical wrong and a breach of social convention. <br /><br />Confusion arises where complainants sue plagiarizers in court.<br /><br />The whole issue of copyright does, however, need overhauling.<br /><br />I suspect the Israel Supreme Court case you are referring to is Sefi Rivlin satarizing Chaplain's little tramp character. I am not sure it was one of their better decisions however.Michael Factorhttp://israel-patents.co.ilnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-18801415015573859532010-09-04T19:45:20.088+01:002010-09-04T19:45:20.088+01:00Thanks to all of you for the comments and links. (...Thanks to all of you for the comments and links. (Then) Professor Posner unsuccessfully tried to teach me Torts many years ago (my fault, not his). I shall try to track down his volume and see if I do a better job regarding plagiarism.<br /><br />Permit me one further question: So at the end of the day, is plagiarism a legal wrong; and/or a breach of a social convention (academic or otherwise); and/or a metaphor for breach of ethical conduct; and/or something else?Neil Wilkofhttps://www.blogger.com/profile/04200865773480720037noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-38320473492176741132010-09-03T19:53:46.148+01:002010-09-03T19:53:46.148+01:00Just wanted to say thank you for addressing this i...Just wanted to say thank you for addressing this issue on your site. If there's anything that I can do to help clear anything up or if you just want to talk about it sometime, drop me a line. <br /><br />Thanks again for putting this issue out there!Jonathan Baileyhttp://www.plagiarismtoday.comnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-33198975036954342132010-09-03T18:58:40.972+01:002010-09-03T18:58:40.972+01:00Congratulations on your post on this serious topic...Congratulations on your post on this serious topic. <br /><br />Just one comment as to your conclusion that to the extent that plagiarism is about unauthorized copying of a protected text, then copyright law protects the rightsholder and any reference to plagiarism seems redundent and unnecessary.<br /><br /><br />In the situation of a work in public domain plagiarism can still occur , at least linked to the concept of fraud and moral rights. <br /><br /><br /><br /><br />Regards, <br /><br /><br /><br />Rodrigo Borges Carneirorodrigo borges carneirohttp://entertainmentlawbrazil.com.brnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-40829331219268599992010-09-03T18:50:22.061+01:002010-09-03T18:50:22.061+01:00Protecting the moral rights and copyright of the a...Protecting the moral rights and copyright of the author will not protect against plagiarism where the original author is a willing participant. <br /><br />I suspect that in the majority of 'serious' cases of plagiarism this is the case (someone gives the student their paper from a previous year, or prepares a submission for a fee).James Wagnerhttps://www.blogger.com/profile/02409399188953903135noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-86945902293032458862010-09-03T18:11:02.921+01:002010-09-03T18:11:02.921+01:00Judge etc Richard A. Posner says in his book The L...Judge etc Richard A. Posner says in his book The Little Book of Plagiarism, Pantheon Books, New York, 2007, that not all plagiarism is infringement in IPR and not all infringement in IPR is plagiarism. So, here is one that knows what it´s all about:-)Mats Björkenfeldthttps://www.blogger.com/profile/12385231232058076505noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-37537432034095225602010-09-03T16:38:52.210+01:002010-09-03T16:38:52.210+01:00Merely fyi, the IPBiz blog has over 600 posts on t...Merely fyi, the IPBiz blog has over 600 posts on the topic of plagiarism, including distinctions between plagiarism and copyright infringement.<br /><br />As to IP, note, for example<br /><br /><a href="http://ipbiz.blogspot.com/2010/02/plagiarism-by-patent-attorney-leads-to.html" rel="nofollow"><br />Plagiarism by patent attorney leads to malpractice claim </a>Lawrence B. Eberthttps://www.blogger.com/profile/05616776187293753324noreply@blogger.com