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In this article we explore the increasing complexity of plagiarism litigation in the USA and Australia. Plagiarism has always been a serious academic issue and academic staff and students have wrestled with its definition and appropriate penalties for some time. However, the advent of the Internet and more freely accessible information resources, along with busy lives and pressures to succeed, may be leading to more frequent incidents of plagiarism. Alternatively, the same information resources and software packages may mean that we are now more able to identify when plagiarism occurs. The following discussion explores not just the traditional issues that have arisen with respect to plagiarism, but also the extended contexts in which plagiarism discussion is taking place in courtrooms, not university staffrooms. We consider issues in common in the two nations, as well as the wider academic community, and distinctive areas of litigation that have arisen in the USA and Australia. 相似文献
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吴义龙 《河南省政法管理干部学院学报》2012,27(1):175-185
人们通常认为,剽窃天然就不是好的东西。笔者将从静态的观点来考察剽窃这一概念,以及从动态的观点来重新考察与剽窃有关的“独创性”的概念是如何逐步形成的;从而部分澄清这种误解。另外,笔者还将从与剽窃紧密相关的“引证”这一技术性手段来功能性地讨论学术规范的作用,以及从制度比较的视角,对两种不同的解决剽窃的方式,即诉诸学术规范和司法诉讼进行论证。 相似文献
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Daniela Carpi 《Law and Critique》2003,14(2):213-223
The question of imitation moves from an open and obvious phase, the phase of Classicism, during which the models from antiquity
were imitated with pride and with a conscious desire to set fixed and codified models for compositions, following norms for
distinction in well-defined genres, to the period of Romanticism, during which the concept of the work's uniqueness predominated,
and the work was seen as the link between God and the world. During the twentieth century the attitude towards plagiarism
changed again: in our century the question of artistic originality becomes anxiety-provoking and the relationship with tradition
becomes competitive. The heavy weight of tradition creates in the writer a desire to exorcise in some way the fear of the
death of creative originality and gives rise to the playful, demystifying re-presentation of previous works, in an attempt
to desecrate genres and precursors, re-creating them overtly and covertly at the same time. Thus plagiarism transforms itself
into a new creative force, in which tradition is no longer imitated in a subservient, nor a reverential fashion, nor in the
sense of the subdivision of pre-established genres. Plagiarism becomes instead a challenge on the same grounds of the canonical
authors, demonstrating in this manner a strong capacity to capture the essence of the author's own language (a link to the
new emphasis on the act of reading).
This revised version was published online in July 2006 with corrections to the Cover Date. 相似文献
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Robert J.S. Cason Daniel Müllensiefen 《International Review of Law, Computers & Technology》2012,26(1):25-36
Musical plagiarism is an area of law that is not only of interest to lawyers but captures the curiosity of the public, induces apprehension in the composer and now intrigues the computer scientist. Attention increases in the case of celebrated artists when the revenue is likely to be significant, and when the allegation is one of a perceived similarity between the infringing and infringed works. Despite the broad interest and frequently high commercial significance of this issue, there has been little systematic research into what constitutes musical plagiarism from either a technical or perceptual perspective. This article discusses some suggestions made to date for introducing a technical measurement of musical similarity in copyright disputes before presenting our own computational system. The novelty of our proposal arises from an interdisciplinary approach combining computational, musicological, and psychological perspectives to emulate legal principles, mimic the reasonable listener as well as copy the type of evidence often presented in these cases. 相似文献
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