Posted on 03/22/2005 6:23:21 PM PST by Alouette
I heard a little about this when Prof. Klocek was on Mike Medved's show on WIND the other day.
You call yourself a lawyer? Obviously you are not familiar with intellectual property law. Listen up dude, I won a plagiarism settlement against a graduate student who COPIED MY WORK. It was a matter of intellectual property theft. It was an academic crime committed against ME. I was the one who sustained damages, as I was unable to sell my article for reprint to the magazine which published the plagiarized material. I do not believe this graduate student was penalized or reprimanded in any way by the educational institute.
Likewise the case in 1998 of Nora Roberts vs Janet Dailey. Dailey's publishers pulled all the books which contained the copied segments from Roberts' novels. I do not know if Nora Roberts won a settlement because she could not prove damages. And to make things worse, Dailey's publishers reissued the novels a few years later after the commotion died down. This case had NADA to do with the academic community, since it was one commercial author copying from another.
As for Finklestein, harping on this plagiarism issue takes away attention from any close scrutiny of his own work.
What does any of this have to do with Prof. Klocek getting thrown out of DePaul for expressing politically incorrect opinion? THAT is an offense against academic integrity.
There is no cause of action at law for plagiarism per se. Plagiarism is an academic offense.
You are unwittingly proving my point, and I will argue this no further.
I never offered any opinion on Prof. Klocek either way. As I was assessing the article written about him, I noticed that the author completely mischaracterized who-pummelled-who in the dust-up between Dershowitz and Finkelstein. That's the only basis on which I responded -- the author was wrong on that point, because I had read the transcript of that exchange, and I offered it up here so that others could make their own determination.
I'm very comfortable with that. If the author wants to convince me on his point about Klocek, he'd do a better job if he didn't mischaracterize incidents where I just happen to know the facts.
FYI: again, the result of a easy google search: note that there is no "cause-of-action" for plagiarism. It is addressed through copyright protection (including common-law copyrights which don't require any formal act to register or create) or is addressed in fraud theories that have other required elements.
Copyright law generally
Article 1, section 8, clause 8 of the U.S. Constitution states:
"The Congress shall have power . . . [t]o promote the Progress of Science and useful Arts, by securing for limited Times of Authors and Inventors the exclusive Right to their respective Writings and Discoveries . . . ."
This clause is the basis of federal copyright legislation. Pursuant to that clause, Congress enacted Title 17 of the U.S. Code on July 30, 1947. On October 19, 1976, Congress passed the Copyright Act of 1976, which substantially revised the federal copyright regime. The 1976 Act is substantially the law today.
Stated simply, copyright law protects author by forbidding others to copy his or her original work for a limited period of time (generally for the life of the author, plus fifty years. 17 U.S.C. § 302). However, a key question is what constitutes"original work." (for example, reciting mere historical facts is not "original.")
In addition, certain exceptions exist to this general rule. For example, the Fair Use doctrine creates exceptions for educational uses of original works, for example a professor's use of excerpts in a classroom, or this site's use of excerpts of book and movie reviews.
With respect to literature, copyright is not extended merely to the words of a text; if this were so, plagiarists could steal characters, plots, and settings merely by changing a word or two of the original text. Instead, courts inquire as to the part taken from the original -- be it a character, plot, literal text, or other aspect -- is "substantial." Because "plagiarism" is not a recognized cause of action by itself, it is usually pled as claims for copyright infringement, breach of contract, breach of confidence, fraud, negligent misrepresentation, unfair competition, ar misrepresentation. Combined in a single complaint they create quite a procedural puzzle because copyright infringement is a claim over which federal courts have exclusive jurisdiction, while the other claims are state law claims over which state courts have jurisdiction.
He's here in town (North Park University Foster/Kedzie) today.
Ping
Ping
Ehat one must remember is that DePaul was influenced by the most anti-semitic order of priests, (Jesuits, since 1950).
They allowed the infiltration of Hegels and Marx types in the 60's.
Ops4 God Bless America!
Not sure what you mean about DePaul being "influenced" by the Jesuits. DePaul was founded by the Vincentians. Not that DePaul is acting very Christian in this case.
Jesuits were in the mix of teachers and had influenced the curriculum and political science departments.
Especially, poly sci when my professor was from Algeria and preaching Hegels theory of the dialectic as the inevitable end result of world government.
I switched to the night school on Jacklson Blvd. to get away from the B.S. on the main campus.
Ops4 God Bless America.
That explains it. Thanks!
:')
Believe it or not, that guy was actually a professor of mine-while he was on a fellowship-for a media analysis class that I took during my senior year of Brooklyn College.
DePaul stopped being a primarily Catholic University years ago, they are notorious for giving first year scholarships to just about everyone, then denying them the second year, making sophomores scramble to get into other universities.
During the Iraq invasion, miltary cadets attending seminars were taunted and asked to leave.
Chicago has one king and one socialist philosophy. all other's be damned.
(It's spelled DePaul after St. Vincent DePaul IIRC)
Those who can't teach, teach gym.
How true!
:)
-good times, G.J.P. (Jr.)
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