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Archive : April 2011


April 16, 2011

Fourth Circuit's Turnitin.com Ruling Brings More Trouble for Plaintiffs

The case of A.V. v. iParadigms LLC (lower court ruling here) had a lot of cyberlaw juice when a federal district court decided it last spring. Rulings on digital fair use, electronic contracting, and computer fraud were all in there -- arising from the defendant's turnitin.com plagiarism detection service. Turnitin.com, operated by defendant iParadigms LLC, works like this: students are forced by their teachers to electronically file their written work with the turnitin.com Web site (but not before assenting to an onerous e-contract). Turnitin.com then compares the newly submitted work against its database of existing student work, delivering to its educational institution customers an assessment whether the new work is the result of plagiarism.

April 8, 2011

Double-Dipping on Statutory Damages in Copyright

Double recovery -- being compensated twice for the same injury -- is discouraged in most areas of the law. Not so apparently when it comes to statutory damages for copyright infringement, as Judge Kimba Wood ruled April 6 in Arista Records LLC v. Lime Group LLC, No. 06-5936 (S.D.N.Y., April 6, 2011), a case in which the court has already found LimeWire liable for inducing many copyright infringements committed by its users.