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Plagiarizing Wikipedia For Profit

Posted by kdawson on Tue Nov 13, 2007 05:46 AM
from the ip-is-on-the-other-foot dept.
An anonymous reader sends word of a dustup involving the publisher John Wiley and Sons and Wikipedia. Two pages from a Wiley book, Black Gold: The New Frontier in Oil for Investors, consist of a verbatim copy from the English Wikipedia article on the Khobar Towers bombing. This is the publisher that touched off a fair use brouhaha earlier this year when they threatened to sue a blogger who had reproduced a chart and a table (fully attributed) from one of their journals.
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[+] Your Rights Online: Fair Use In Scientific Blogging 103 comments
GrumpySimon writes "Recently, the well-read science blog Retrospectacle posted an article on a scientific paper that concluded that alcohol augments the antioxidant properties of fruit. The blog post reproduced a chart and a table from the original article and everything was fully attributed. When the publisher John Wiley & Sons found out, they threatened legal action unless the chart and table were removed. Understandably, this whole mess has stirred up quite a storm of protest. Many people see Retrospectacle's action as plainly falling under fair use. There is a call for a boycott of Wiley and Wiley's journals."
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  • by dotancohen (1015143) on Tuesday November 13 2007, @05:56AM (#21334225) Homepage
    According to law, they are doing nothing illegal and are even protecting their own legal rights. This is what happens when law dictates human behaviour, instead of morals. Precisely this situation Plato envisioned when he said that good men need no laws to tell them how to behave, and evil men will find ways around the laws.
    • Re: (Score:3, Insightful)

      Yeah, because that works -so- well. Let's see... Completely disregarding what the Bible says (which is the moral guidance for a -lot- of people), there have been plenty of other 'moral' actions that we no longer consider moral, or that a portion of the world, and a portion doesn't... Slavery, the equality of women and men, war, circumcision, -many- aspects of sex... The list goes on and on.

      There are those who honestly believe it's okay to just physically take whatever you want. Does that mean it's okay
      • There are those who honestly believe it's okay to just copy whatever files they want. Does that mean it's okay?


        Yes.

        Well that settles that then. Thanks for your time.
      • But if you chose to place your work under, say, the Creative Commons, you've just told the world at large, "here, take it and use it as you wish, I don't want anything in return, I don't forbid anything, have fun with it."

        They neither wanted nor did that, the Wikipedia text is under the GFDL which requires attribution of source. The WP author mentioned released his contribution to the public domain, but the wider Wikipedia community has the right to be outraged that this writer a) plagiarised Wikipedia and b) didn't credit the authors of the text that he plagiarised. He claimed the words as his own, which is unlawful in many copyright jurisdictions regardless of any licence that the original author may have used. If the publisher sells that book in Finland, then they could find themselves in hot water. And I don't mean a nice invigorating sauna.
      • by ReallyEvilCanine (991886) on Tuesday November 13 2007, @07:58AM (#21334817) Homepage

        But if you chose to place your work under, say, the Creative Commons, you've just told the world at large, "here, take it and use it as you wish, I don't want anything in return, I don't forbid anything, have fun with it." So please have the _decency_ then to not act enraged when someone does just that.
        That would be all well and good and I'd be right there with you applying the LART to dotancohen were it not for the minor inconvenience that Wikipedia is not covered by the Creative Commons license but rather by the GFDL: From Wikipedia's Copyright FAQ [wikipedia.org]:

        * Can I reuse Wikipedia's content somewhere else?

        Wikipedia's textual content is copyrighted, but you may reuse it under the terms of our licensing requirements, summarized below.

        Text in Wikipedia, excluding quotations, has been released under the GNU Free Documentation License (or is in the public domain), and can therefore be reused only if you release any derived work under the GFDL. This requires that, among other things, you attribute the authors and allow others to freely copy your work. (This is a summary, see the licence text for the exact details.)

        If you are unwilling or unable to use the GFDL for your work, use of Wikipedia content is unauthorized. Small quotations of Wikipedia content, with its source attributed, may be permissible under the "fair use" clause of U.S. copyright law. See Wikipedia:Citing Wikipedia for information about the proper citation of articles. No permission is needed to create a hyperlink to Wikipedia or its articles.

        Emphasis mine, used to highlight the important bits.
      • by Bogtha (906264) on Tuesday November 13 2007, @08:02AM (#21334845)

        But if you chose to place your work under, say, the Creative Commons, you've just told the world at large, "here, take it and use it as you wish, I don't want anything in return, I don't forbid anything, have fun with it."

        In addition to what Phil has pointed out in another reply, it's worth pointing out that there are many different Creative Commons licenses, and they vary in what they permit. Some of them do not permit commercial use, some of them require attribution, some of them are more permissive.

        Please, if you are going to make claims about what something does and doesn't permit, at the very least you should be vaguely familiar with it yourself. Creative Commons is a brand name for a bunch of different licenses, not a license itself.

  • by MollyB (162595) * on Tuesday November 13 2007, @06:00AM (#21334243) Journal
    Perhaps an imaginative programmer out there will develop a "De-Plagiarize" application and port it to all platforms. Paste the text or graph into the box and out pops a perfect paraphrase.
    (Profit?)
    • I think its already been done [yodaspeak.co.uk]

      Develop a, perhaps an imaginative programmer out there will "De-plagiarize" To all platforms application and port it. Paste the text or graph into the box and out pops a perfect paraphrase. Yes, hmmm.

      Does it get any more perfect than that?
    • this is already available by using babelfish to translate to another language and then back again:

      "Possibly imaginative programmer will outside there begin "de -.Plagiatorstvuet" application and holds it to all platforms. You will stick text or diagram into the box and outside flap the perfect paraphrase (profit?)"
    • by ScrewMaster (602015) on Tuesday November 13 2007, @07:19AM (#21334589)
      "Hi! It looks like you're trying to steal someone else's intellectual property! Would you like me to a. attribute it properly for you or b. adjust it so your theft isn't so blatantly obvious?"
    • by David Gerard (12369) <slashdot.davidgerard@co@uk> on Tuesday November 13 2007, @03:32PM (#21341039) Homepage

      There is actually a bot on Wikipedia that runs Google checks on all new articles and marks any text it finds elsewhere for speedy zapping. This turns up more than a few false positives, but mostly huge amounts of copyright violations that then get quickly zapped.

      Wikipedia remains the only "Web 2.0" project that proactively gives a damn about copyright.

  • by artifex2004 (766107) on Tuesday November 13 2007, @06:01AM (#21334245) Journal
    Although the author of the linked page says he wrote much of the disputed text and released it into public domain, the license governing Wikipedia is GNU FDL, as can be seen by a link at the bottom of every page. The combined work, because it includes work by others, is covered by that license.

    If Wiley published this text without citing the FDL, they're in violation of it. Seems pretty clear. Further, the license says that if the work is modified, the resulting document must also be released in FDL, according to section 4. This is where it gets interesting. :)
  • by Skippy_kangaroo (850507) on Tuesday November 13 2007, @06:03AM (#21334259)
    The Wikipedia link discusses the problem of bringing copyright violation charges. But, even if it is released in the public domain, the problem for the publisher and author is the charge of plagiarism.

    Many high-profile authors have been brought down by charges of plagiarism. They have not been sued for copyright violations but they have suffered significant consequences nonetheless. See, for example, the recent case of Kaavya Viswanathan [nytimes.com]. As such, I would think that the copyright violation angle can be pretty much ignored. It's distracting and weak. The plagiarism charge, however, could have significant consequences.
  • Is it plagiarism if I make up something, post it in Wikipedia, write an academic paper, and cite the reference I previously had made up?
  • by DreamingDaemon (1185117) on Tuesday November 13 2007, @06:29AM (#21334347)
    As the incredibly-talented sci-fi writer Bob Unherdof said to his struggling burger-flipper friend George Lucas in 1975....
  • Slashdot tags (Score:5, Insightful)

    by EvanED (569694) <evaned@noSpAm.gmail.com> on Tuesday November 13 2007, @06:39AM (#21334389)
    This article is tagged "thief". I thought it was standard /. wisdom that copyright infringement isn't theft?

    Anyway, are we sure that the text is from Wikipedia, and not both from a third source? It's probably unlikely, but "they copied from Wikipedia" is far from the only explanation.
    • Re:Slashdot tags (Score:5, Insightful)

      by Sirch (82595) on Tuesday November 13 2007, @06:58AM (#21334465) Homepage

      I thought it was standard /. wisdom that copyright infringement isn't theft?
      Only when it's Joe Public doing the infringement. When Bob Corporate infringes, Slashdot's bile rises...

      While that's a gross generalization of what I perceive to be a double-standard, I can see some kind of justification behind it - Joe Public generally doesn't make money off it, whereas Bob Corporate infringes for profit.
      • Re:Slashdot tags (Score:4, Insightful)

        by mgblst (80109) on Tuesday November 13 2007, @08:01AM (#21334843) Homepage
        I think the double standard arises because it is ok to copy something, but to do it for profit is wrong. That seems a more reasonable standard than the one that you propose.
      • Two differences... (Score:4, Insightful)

        by SanityInAnarchy (655584) <ninja@slaphack.com> on Tuesday November 13 2007, @11:25AM (#21337187) Journal
        First, when Joe Public infringes, he generally does so for himself. When Bob Corporate does, it's for the world at large.

        Second, Bob Corporate usually gets away with it. If Joe Public is caught, he faces heavy, personal penalties. Bob Corporate can simply have Bob Corporate Inc cover the damage, assuming that they're caught at all and that they lose in court.

        Finally, we take great delight in finding a similar double-standard in Bob Corporate. This company, for instance, went after someone else for a fairly sizable quote (with attribution), and we now find them stealing wholesale (with no attribution). This seems almost second nature to most corporations -- in fact, I forget where it was, but I seem to remember reading someone psychoanalyzing a corporation (as if it were a human) and finding that it's insane.

        Which comes back to "A person is smart. People are dumb, stupid, panicky, dangerous animals, and you know it."
      • Re: (Score:3, Insightful)

        Only when it's Joe Public doing the infringement. When Bob Corporate infringes, Slashdot's bile rises...

        While that's a gross generalization of what I perceive to be a double-standard, I can see some kind of justification behind it - Joe Public generally doesn't make money off it, whereas Bob Corporate infringes for profit.


        Especially when Bob corporate earlier sued a member of Joe Public for the same actions. "May he who is with out sin cast the first stone."
    • Re:Slashdot tags (Score:5, Insightful)

      by pipatron (966506) <pipatron@gmail.com> on Tuesday November 13 2007, @07:31AM (#21334643) Homepage
      The thing is that they did copy the text and said "this is mine, I created this", thus you stole the attribution. This does not happen when you send an mp3 to a friend.
      • Re: (Score:3, Insightful)

        you stole the attribution

        That's as disingenuous as when record companies claim that you "steal" potential profits. This is not theft. Nothing is being taken away from the original author's possession. There is a perfectly accurate word for what has happened here, it is "plagiarism". Why play word games instead of using the proper word for things?

        • Re:Slashdot tags (Score:5, Insightful)

          by DarkOx (621550) on Tuesday November 13 2007, @09:28AM (#21335599)
          You are totally correct in that plagiarism is the correct word and that it is the word we should be using to talk about the issue. To the point being made by other posters however plagiarism is a more serious matter then copyright infringement IMHO. With copyright infringement some control over the content is lost to the owner/author. With plagiarism not only is some of the control lost to the author but also the credit for the work.

          In both the academic and artistic circles this is much more damaging than copyright infringement. Once you have created a work of academic or artistic value and its recognized by others as one of those things, it really becomes your personal credibility in the field. If your an artist, it gets you hired to perform, or patronized, if your an academic it gets you a job in industry, a teaching position, funding to more similar work, etc.

          If someone plagiarizes your work then they may get these things instead of you and worse yet possible get you accused or suspected of plagiarism. I think its clear the original author is hurt much more by plagiarism then mere copyright infringement, which if people are bothering to infringe on your copyrights probably does more for your general credibility then anything else could and may actually benefit you in a variety, although certainly not all circumstances. If anyone wants to compare this to the RIAA crying about mp3z its would have to be like you uploading the latest top 40 song and then claiming you and your buddies performed it in the garage the other day.
    • Re: (Score:3, Insightful)

      Copyright infringement != theft. But this is about plagiarism, and that is theft.

      There's a world of difference between copying some Beatles song versus you claiming to be the author of a "new" song that is actually a Beatles song. (Yet other issues are raised by unintentional plagiarism such as Harrison's "My Sweet Lord".) The difference is even more pronounced for out-of-copyright material such as a Beethoven work. Copy that all you like, but don't try to claim you wrote it, and sue everyone to colle

  • by harmonica (29841) on Tuesday November 13 2007, @07:11AM (#21334545)
    There are (or were) at least two articles in Wikipedia that are my texts (from my site) with slight variations on sentences. So whoever visits those Wikipedia articles (or did so in the past) and then my pages must come to the conclusion that I stole the stuff from Wikipedia without giving credit. I can't even prove that because I don't have a public version history, and archive.org is spotty when it comes to my site.

    In this case (Wiley book) the articles were there way before the book, so the case seems to be clear, but in general, I recommend to keep an open mind about who copied where.
    • Re: (Score:3, Insightful)

      Actually, you can notify Wikipedia [wikipedia.org] of copyright violations. They're usually pretty good about following up. As for how to know which came first, one way is with The Wayback Machine [archive.org].

      I had some stuff copied off of a web page and made into a wikipedia article. I reported it as soon as I became aware of it and within a few days, the page was replaced. I don't know if they're always that responsive. It probably depends on who monitors the pages in question.
  • by niceone (992278) * on Tuesday November 13 2007, @07:19AM (#21334591) Journal
    John Wiley and Sons could just edit the wikipedia article to be different. Problem solved.
  • ...was unfortunately deleted by an overzealous editor who argued that the issue did not meet notability criteria.

  • Wikiplagarism (Score:4, Insightful)

    by PhearoX (1187921) on Tuesday November 13 2007, @07:57AM (#21334803)
    I would submit that Wikipedia contains more plagarism than any one textual work ever created.

    So someone copied Wikipedia?

    Meh.
  • stethoscope (Score:3, Funny)

    by pikine (771084) on Tuesday November 13 2007, @09:52AM (#21335895) Journal

    If we have a stethoscope for the minds of various characters involved at different time, it could be like this:

    • Unpaid college intern who worked on that book uncredited, "Shit, I spent too much time playing Bejeweled and IM with friends, and I have this essay to finish by 4pm. Maybe I'll take a little peek at what Wikipedia has to say about this."
    • George Orwel, "Well done, my lowly minion intern. Looks like a fine essay to me. I'll incorporate it into my book."
    • John Wiley and Sons, "Well done, my lowly minion author. Looks like a fine book to us. We will publish it."

    A year later...

    • Ydorb, "What the heck? They copied my Wikipedia article!"
    • Slashdot, "What the heck? They copied someone's Wikipedia article!"
    • John Wiley and Sons to George Orwel, "What the heck, you copied someone's Wikipedia article?"
    • George Orwel, "Shit, I got sabotaged by one of my lowly minions. How can I ever admit this."
    • John Wiley and Sons, "Shit, we got sabotaged by one of my authors. How can we ever admit this?"
    • Meanwhile, the unpaid intern who work uncredited has returned to school, still addicted to Bejeweled, and still submitting Wikipedia articles for his homework assignment.
    • by malkavian (9512) on Tuesday November 13 2007, @06:02AM (#21334251) Homepage
      Because GDFL allows copying only if you allow the work to be freely copyable, and release the work it is included in under the GDFL.
      If this is the case, then the whole book that this text is in becomes freely copyable, as long as it's source is attributed. If the publisher chooses not to conform to this license, then it becomes in breach of copyright (as the works on Wikipedia are covered by copyright law, they're simply globally available on a license backed up by copyright law).
      • Bingo, got it in one.

        However, the prize for most shameless copyright infringement goes to The Times Of India [wikipedia.org].
        • Re: (Score:3, Insightful)

          Ahem. It's called "Research".

          /begin oblig Tom Lehrer lyric/
          Plagiarize, [aol.com]
          Let no one else's work evade your eyes,
          Remember why the good Lord made your eyes,
          So don't shade your eyes,
          But plagiarize, plagiarize, plagiarize...
          Only be sure always to call it please, "research".
      • by allcar (1111567) on Tuesday November 13 2007, @08:03AM (#21334851)
        Is anyone else reminded of Hitchhikers?

        It is interesting to note that a later and wilier editor sent the book backwards in time through a temporal warp and then successfully sued the breakfast cereal company for infringement of the same laws.
      • by PhilHibbs (4537) <snarks@gmail.com> on Tuesday November 13 2007, @08:08AM (#21334875) Homepage Journal
        No, licences do not automatically apply, the *PL and CC* licences are not viral. If I copy your work and disregard the licence, then I have violated your copyright, and you can take me to court. If you released it under a particular licence, then that is pretty much irrelevant to me - if I didn't follow the licence, then I have simply violated your copyright. This author may well have asked a researcher or even a member of his family to come up with a couple of paragraphs about that incident and they copied Wikipedia, it would be unreasonable for the author's entire book to become freely available under the LGPL due to his carelessness in not checking the actions of a third party. A judge might come up with a reasonable compromise, such as ruling that the modified version of the text as appears in the book must be licenced under the LGPL and made available on the publisher's web site for download, and that future printings must credit the Wikipedia article as the source on which the text is based.
        • by TheOnyxRocket (921830) on Tuesday November 13 2007, @09:13AM (#21335441)

          No, licences do not automatically apply, the *PL and CC* licences are not viral. If I copy your work and disregard the licence, then I have violated your copyright, and you can take me to court. If you released it under a particular licence, then that is pretty much irrelevant to me - if I didn't follow the licence, then I have simply violated your copyright.
          If you violated the copyright, then you are liable for damages. The measure of damages is calculated based on a variety of factors, one of which is what the author charges for the copied work in the marketplace. That "charge" or fee is usually the *minimum* liability for infringing the author's rights. In this case, the author's "charge" is a license to copy the rest of the work under the LGPL/CC. That charge is highly relevant to the measure of damages suffered by the author.

          it would be unreasonable for the [infringing] author's entire book to become freely available under the LGPL due to his carelessness in not checking the actions of a third party.
          You may think it's unreasonable, but others might not. The infringing author had an obligation to supervise third party created works and not to infringe. I place a high value on the rights granted to the public under LGPL and CC licenses and comparatively much less value on private copyright rights to prevent the public from copying.
        • by Tango42 (662363) on Tuesday November 13 2007, @08:08AM (#21334881)
          You are correct. The Wikimedia (with an 'm') Foundation does not have any legal rights to the content of Wikipedia other than what the GDFL gives everyone. If anyone is to be sued over copyright violations of text in Wikipedia, it needs to be by at least one of the editors of the article in question (not including editors that have just corrected spellings, added cleanup tags, etc).
    • This is an interesting aspect of free license law that hasn't really been delved into yet.

      You're so right! Noone on the wider internet or even slashdot has ever considered this!
    • by someone1234 (830754) on Tuesday November 13 2007, @06:06AM (#21334275)
      Copyright doesn't require proof of damages, but damages could be calculated from the sold copies of the book.
      • but damages could be calculated from the sold copies of the book.

        Well, if I could steal someone's work and create something to sell, I wouldn't mind paying for the royalties AFTER the sales, if any. Afterall, I can still rightfully claim my part of work like organizing the content, publishing, marketing etc.
        • No, the first thing that happens is continued distribution of the infringed work must cease.

          Also keep in mind the penalties for copyright violation. A single instance can be a penalty fine of several thousand dollars in the US. If you run a red light, there's a flat fine simply for punitive reasons. Same thing with copyright violations.
      • Think bigger, think RIAA big - calculate damages based on how many copies of the book *could* have been sold. Until I found out about this dishonesty I was set to buy a dozen copies at least, as was everyone I've ever met.
    • Re: (Score:2, Insightful)

      by Anonymous Coward
      interesting aspect of...license law that hasn't really been delved into yet

      Ehhh...no?

      Wiley published their content under a completely different license that the original authors had not agreed to. Getting the agreement of said original authors to publish their work is commonly done by paying them for that privilege. No money changed hands.

      Or put differently...courts deal all day with putting a monetary value on things that cannot be mathematically calculated (for example: loss of life, loss of amenity, loss
    • by MickLinux (579158) on Tuesday November 13 2007, @07:02AM (#21334483) Journal
      I know you are asking how Wikipedia will claim losses -- but I could as easily turn it around to the publisher.

      How will the publisher claim losses, when (by the GNU FDL) they are now going to have to give away their work?

      Quite simply, the answer is that the publisher won't have to give away their work. Rather, the work of the publisher is specifically in making a text available in the form of a book, along with referencable ISBN. They *will* at this point have to include a GNU FDL with the book, *even if they remove the offending pages from future copies*, since the entire book is now contaminated.

      But honestly, the amount of photocopying and such that will happen is not going to significantly increase.
      In the end, the fair price that a publisher can charge is defined by the utility that the publisher adds. Aside from that, the price that a publisher can *get* is more defined by the current accepted fair price for other books than for this book. So if a FDL goes in the book, then the reader will just look at it, say "oh, nice." And go on.

      Now, how can Wikipedia claim damages? There are more damages possible than cash value. There are damages to the reputation of the actual authors, damages to frequency of customer visits, and these do have an inherent value to which a lawyer will assign a cash value. Yes, it will be slightly arbitrary. But, on the other hand I think that a jury will find that the value of damages is (1) relatively large, and (2) at least proportional to the increased value recieved by John Wiley Publishing and the author. Typically, when theft occurs value is destroyed (they steal my car, but bust up the key mechanism). Therefore, you might expect damages to total 1.5-3 times the expected sales of the book, scaled down by the proportion of pages that were plagiarized. So for a 120-pg book, 2 pages copied, damages could total 1/40 to 1/20 of total expected sales.
      • Re: (Score:3, Informative)

        *even if they remove the offending pages from future copies*, since the entire book is now contaminated.

        This is untrue. First, because the license doesn't automatically become FDL, it becomes a license violation which should be dealt with through law. Second, because there is nothing that states that once something is released using FDL it always has to be released in that license. The author is free to release his portion of the work using any license he/she chooses, in the same way that software publis
    • by CarpetShark (865376) on Tuesday November 13 2007, @07:50AM (#21334751)

      How are they going to claim...losses, when they give away their work?


      They're not giving ANYTHING away. They're licensing a copy of their product to you, under certain conditions.