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Written by: Barbara Lauren
Published: 09/01/2005 Student Sues Term-Paper Web Sites for Posting her Paper and Damaging her Reputation
A graduate student has sued three term-paper Web sites, accusing them of selling one of her terms papers without her permission. The case could be the first of its kind, according to the Chronicle of Higher Education.
The student (Blue Macellari) has sued the operator (Rusty Carroll) of the Web sites, and a company he owns (R2C2 Inc.) alleging violation of copyright, invasion of privacy, and damage to her reputation. She seeks $100,000 in damages.
A note at the end of the paper claims that it is the property of the Web site on which it appears, and says “copyright 2003-2005.” Ms. Macellari contends that she owns the paper. She further states that she never gave the sites permission to publish the paper (on South Africa, written when she was a junior year abroad student at Mount Holyoke College), and that she never had any communication with the company or Mr. Carroll.
Her attorney does state that she did post the paper to a university Web site briefly as part of her course work. Although that fact does not resolve the issues in this case, it does serve as a reminder (as the chief information officer for Mount Holyoke College is quoted in the Chronicle) that “professors should not require students to post papers to the Internet, unless they do so using password-protected areas of a college’s Web site.”
The suit also named the Internet provider that hosts the Web site involved, called “Doing My Homework,” and two other Web sites on which the paper also appeared – “Free for Essays” and “Free for Term Papers.” The suit charges that the Internet provider – Digitalsmiths Corporation, based in Beaufort, SC – “knows or should know” that its clients’ sites contain unauthorized copies of copyrighted works.
The Chronicle notes that “Doing My Homework” and the other two sites ask users to submit at least one paper of their own before using the service. Mr. Carroll also states that his sites are intended only to help students “get ideas” for their own research, and points to disclaimers on the sites that urge people not to turn in work from “Doing My Homework” as their own.
The suit has been filed in the U.S. District Court for Southern Illinois, in East St. Louis.
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