News, Views and Careers for All of Higher Education
Sept. 2, 2005
The Internet did not create the market for buying and selling term papers, but it has undoubtedly enabled it. And while states have passed laws aiming to restrict the sale of term papers, and a few colleges have sued essay providers under those laws, they’ve made relatively little headway in cracking down on the companies that sell term papers — or, in turn, stemming the tide of students who plagiarize by passing them off as their own.
Wednesday, a new front was opened in the campaign. Lawyers for a graduate student named Blue Macellari filed a lawsuit in federal court in Illinois alleging that three Web sites that sell term papers made a manuscript she had written available without her permission. She is charging the owner of the sites (as well as the sites’ Internet service provider) with copyright infringement, consumer fraud and invasion of privacy, among other things.
“We are pursuing a few avenues that have never been tried before,” says Evan Parke, a lawyer whose firm, McDermott Will & Emery, is representing Macellari at no charge. Experts in higher education law said they were unaware of any similar cases.
According to Macellari’s complaint, a friend doing a casual Google search of Macellari’s name last January came across references to a paper she had written during a year abroad at the University of Cape Town in 1998, which Macellari had posted in 1999 on a personal Web site at Mount Holyoke College, where she earned her degree.
But the friend found links to the paper not on her Mount Holyoke page but on two Web sites, DoingMyHomework.com and FreeforEssays.com, that said the paper was in their databases. Macellari says she later found several hundred words of her paper on another site, FreeforTermPapers.com.
All three sites are owned and operated by R2C2, Inc., a Carbondale, Ill., company owned by Rusty Carroll. Macellari’s lawsuit says that she never gave the sites permission to post the manuscript, and charges the company and Carroll with falsely claiming to own the copyright on her paper and with potentially damaging her reputation by implying that she had submitted the paper herself, a potential violation of the honor codes at Johns Hopkins and Duke Universities, where Macellari is now pursuing master’s degrees in international relations and business development.
Carroll, reached at his home office in Carbondale Thursday, declined to comment for this article. “I’m in the middle of all this,” he said. While Macellari’s paper could be found on the company’s Web sites as recently as Wednesday, they were nowhere to be found (except in a cached version) on Thursday.
John Palfrey, who teaches Internet law at Harvard University and is executive director of the Berkman Center for Internet & Society at Harvard Law School, said that if the claims in Macellari’s legal complaint are accurate, “it’s going to be hard for the defendants” to win the case.
But in gauging the lawsuit’s potential to have a meaningful impact on the behavior of term paper companies or in cutting down on student plagiarism, Palfrey drew analogies to two other efforts to control Internet-based problems: spam e-mail and the illegal sharing of music and video files.
Record companies began making some headway on illegal file sharing when they gave up on regulatory efforts and turned to private lawsuits against individuals, he said, which suggests that the lawyers in the term paper case may be on to something. But it was only when they began filing the lawsuits en masse that they really had an impact, Palfrey noted.
And while some lawsuits have been filed, and even won, to try to stop the flow of spam, that battle is clearly being lost at the moment, as anyone with an e-mail in-box knows. “It’s hard to bring enough spam lawsuits to make a big difference,” Palfrey said.
So can one individual’s lawsuit against providers of term papers make a difference? It’s a start, Palfrey said, but “these really big distributive problems are ones that are hard to contain.”
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What? Lack of ethics with term paper mills? I wish I could say I am shocked... but in my opinion, online companies that sell papers to students should be hauled into court for any reason. We English instructors used to be dismayed at stacks of essays that could be found in dormroom hallways—free to anyone who wanted to plagiarize them. With a computer and a credit card, however, companies have now created huge virtual vaults of essays available to any student who wants to avoid doing the work that general education requires. We could argue that “the market” demands this service and these companies are just victims—but realistically the buck needs to stop somewhere. This is why I don’t work at the “Cigarettes For Less” shop in my neighborhood. I don’t want to be part of the problem; of any problem that brings our society down.
So I’m not surprised that these companies are taking information offline that is not theirs and selling it for profit. In searching their archives to catch students who cheat, I’ve also noticed that many essays they sell are posted at several sites—indicating that either the author is reselling the same product to competitors OR the companies themselves are paying to download a paper once and then selling them as their own.
The hilarious news is that the papers I’ve read from these online services are *bad*. I mean really, really bad. I mean a “C” or “D” level paper in college. So the few students who have bought these papers and turned them in? They do poorly and can’t even go back and fight for a grade. They’ve been ripped off in the worst way. It’s sad really. My university guards against this by having airtight “academic dishonesty” and “plaigiarism” policies—and we require drafts and outlines of papers as students progress. I also stipulate an in-class midterm and final—which is the greatest teller of all. Sigh. It’s too bad we have to go to these lengths, but most of us are realists.
The funny thing is that I LOVE the internet. I love doing research online, I love downloading materials online, I love getting e-mail, but like any tool, it can be misapplied.
Shari Wilson, Instructor at University in the Midwest, at 12:34 pm EDT on September 2, 2005
What if we were to beat these essay web sites at their own game? A network of professors could work in pairs and “steal” each other’s papers and upload them to the web sites. Then, when the papers are posted, the original authors could sue the sites saying they never authorized the upload. A flury of these kinds of law suits would put these places out of business fast.
Juliet Davis, Assistant Professor of Communication at The University of Tampa, at 10:03 pm EDT on September 2, 2005
You would fight plagiarism with fraud? Paper mills may face fines. You could go to jail. They could trace back the computers the uploads came from and subpoena the hard drives.
Mike, at 10:31 pm EDT on September 3, 2005
Aren’t there several tools to determine if an essay has been copy & pasted? At our university, Braunschweig, Germany there is a project called docoloc that works and looks similar to google. It searches for at least all (free) pages listed in the google database and generates a list with compliances and source links:www.docoloc.de.
Sebastian, student
Sebastian Maciejewski, at 1:35 pm EDT on September 5, 2005
Mike is right. Does anyone really think that defrauding a “term paper mill” and the suing them is an effective way to deal with these problems.
There are a number of legal tools that can be used to combat these paper mills which don’t involve trickery or lies, and we are seeing just another battle in a way that only some schools want to fight.
I think that colleges are to blame. Most people can pretty much tell the type of kid that will cheat. Likewise, everyone knows what kind of courses these kids are attracted to, and what kind of assignments “beg” to be cheated on.
I have suggested many times on here that an effective weapon is posting the written work of students on the web, and, if there is some plagiarism from a non-copyrighted source, posting the original paper next to it. (And posting as much as possible from a copyrighted source.) This way, when someone Google’s the kid’s name, they will know that he is a dirty cheater. The kid, of course, should have an opportunity to prove that he didn’t cheat by showing contemporaneous documentation of his thought process.
If professors really don’t want cheating (and most, in my experience, they don’t care) they can simply assign very narrow paper topics, and require multiple drafts. But doing this takes more time and will result in a lot more whining from Brads and Ashleys.
Larry, at 1:03 pm EDT on September 6, 2005
Even with rough drafts, searching the Internet, or using services like Turnitin.com, professors cannot detect custom-written papers where the writer sells the paper only one time. There are plenty out there, www.ExamplePapers.Com being just one. These papers are meant to be examples only, or references to be used in the students’ papers. The company cannot be held liable for what the student does with the paper once it is sold just like a gun manufacturer cannot be responsible for people killing others with their guns. Both businesses have a valid purpose and it is the consumer who makes the choice of whether or not they will use it for immoral purposes. The people in these term paper companies just love to write, and if they can make money doing it you cannot blame them.
John Halasz, at 4:35 pm EDT on April 28, 2006
I agree with John Halasz. There are also companies, like Essay Town, that are extremely strict and actually maintain some ethical guidelines. EssayTown will absolutely refuse to provide example research services to a given customer if that customer openly suggests that he or she intends to cheat. I sent EssayTown an email asking them if I could “turn in” the model paper, and they responded, “Absolutely not. We provide reference material that facilitates learning-by-example, and you must properly cite our company when writing your own paper.”
Amy, at 3:35 pm EDT on May 14, 2006
First of all one should analyze the intensions of these essays, term papers and research paper writing services. There are very few services on the Internet including College Essay Writing that intend to provide the product just to be used as a guideline and as a help to student who face difficulties with their assignments. Now what the student does with their product is not the fault of the company providing assistance because once the product is delivered the company has no right on it. Unfortunately there are limitless services that offer recycled and plagiarized products and some sell the same product to countless customers. But there are companies like College Essay Writing that has strict rules like the product is never resold and is not plagiarized from sources. Moreover if while ordering the customer shows intent of not using the product as a guideline and help the service simple refuses to help. The companies providing custom written products intend to help students by providing product for guidance and assistance but on the other hand these repositories of essays and term papers promote cheating and refrain students from doing any hard work.
Bryan, at 5:25 am EST on November 8, 2006
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Not shocking at all
As people have mentioned, it’s no surprise that these term paper sites scan the internet and pull in any content they can. She will probably win her lawsuit. It just so happens I am trying to create a resource where students can get help so they don’t feel the need to buy term papers from sites like the ones referenced in the article.
Ryan Harris, at 10:10 pm EST on January 26, 2008