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Plagiarism


payasam

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I don't know where else I might put this. Please compare LEICA Barnack Berek Blog: M2-250 - A LEICA FEW HAVE EVER SEEN

 

Goldberg is perhaps best known as the creator of the Camcraft N-5 electric motor drive for the Leica M2 and MP. However, he has also several other inventions for Leicas and other cameras to his credit. For instance, the clip he designed to permit wearing an M Leica on the belt was widely used, and he also offered modifications of the Visoflex, utilizing either a prism or a pellicle mirror. He also designed and built a considerable amount of testing equipment to test cameras and lenses, including the equipment used at Popular Photography, and he held numerous patents.

 

with Mukul Dube in Shutterbug, February 2011:

 

Goldberg is perhaps best known, in the Leica world, as the creator of the Camcraft N-5 electric motor drive for the Leica M2 and MP. However, also to his credit were several other inventions for Leicas and other cameras. The clip he designed to permit wearing an M Leica on the belt was widely used; though his modification to the Visoflex reflex housing, involving either a prism or a pellicle mirror, was of interest only to a very few photographers. Besides these inventions, he designed and built a great deal of equipment for the testing of cameras and lenses. He held numerous patents.

 

The plagiarist is named Heinz Richter. When he failed to bluff it out he offered to "Add a footnote stating that my article contains information obtained from an article written by you or rewrite the paragraph in question." He did not respond to a notice from my lawyer, who like me is in India; and I have no means of taking legal action in the USA. So a petty thief shall go unpunished.

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I am not a lawyer, but I think you would have a hard time to make this stick. Not only did he reformulate a bit, but if a source is credited, such a short piece might be argued to be "fair use".

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In academic circles this would count as plagiarism. There is minimal reformulation, and the offer of footnoting is no improvement where text is copied verbatim and thus needs to go inside quotation marks. But in this case you can probably do no more than name and shame, unless you can prove real damage to yourself.

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Jaap, legal action is ruled out, so I shall not speculate on what a judge might decide. It is enough for me that no one who has read the material, including a couple of lawyers, has failed to call it plagiarism. Al, naming and shaming is what I am doing here. I may achieve nothing, of course: someone on Photo.Net said that this man is made of brass.

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Plagiarism and copyright infringement are closely-related, but different concepts. Plagiarism is the use of material without proper attribution. Copyright infringement is the unauthorized use of material under copyright.

 

In the case of copyright infringement, your recourse is a lawsuit for infringement. Even if the use is attributed to the author, it would still be copyright infringement. A claim that a use is a fair one is not contingent on attribution. If it is fair use, attribution is not necessary from the standpoint of copyright.

 

Plagiarism could give rise to serious legal repercussions and obvious reputational ones. For example, under contest rules it could result in ineligibility. It could also result in employment termination or expulsion from professional organizations. It could also result in an action for fraud if someone paid you money for the work.

 

I am writing from a U.S. perspective. You are in India and are in contact with a lawyer, so I will leave specific legal advice to your lawyer. Having said that, based on the comparison of the two passages, I am sympathetic to your viewpoint, but I would be inclined to let the issue go once I had called it out. This falls in the category of life is too short.

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There is a difference between jurisdictions as well. In the USA there is fair use, which is not a legal concept in many European countries. Over here we have a citation right, which is different in that it is limited to the parameters set in the law, leaving little room for interpretation in court. Obviously I have no idea what the law in India is.

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Definitely it's plagiarism. A shame the author could not have contacted you first, it shows poor judgment. Ironic that his own site has a copyright warning. Thank you for pointing it out but there appear to be very few rules on the internet and even fewer ways of enforcing them.

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Definitely it's plagiarism. A shame the author could not have contacted you first, it shows poor judgment

 

In academe we find that most undergraduates do not understand what plagiarism is. They live in a 'mash-up' world. To insert balance, some credible authors/academics/just-plain-smart people object to overly strident copyright actions when they apply to multi-authority works. I'm stuck in the indecisive mode inflicted by lawyers.

 

To the OP - the infraction under consideration has not enough consequence to justify action, but it certainly did get exposure here, and if enough are concerned enough to write to him, perhaps he will cite in his next article.

 

All is good.

.

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  • 3 months later...

In academe we find that most undergraduates do not understand what plagiarism is. They live in a 'mash-up' world. To insert balance, some credible authors/academics/just-plain-smart people object to overly strident copyright actions when they apply to multi-authority works. I'm stuck in the indecisive mode inflicted by lawyers.

 

To the OP - the infraction under consideration has not enough consequence to justify action, but it certainly did get exposure here, and if enough are concerned enough to write to him, perhaps he will cite in his next article.

 

All is good.

.

Copying from one person in an exam is cheating otherwise it is plagiarism, copying from 10 people is research, and copying from 100 people is scholarship. No wonder our undergraduates are confused!
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Sir Isaac Newton famously paraphrased Bernard of Chartres, when he commented in a letter to Robert Hooke "If I have seen further it is by standing on ye shoulders of Giants." It sounds noble, coming from a President of the Royal Society, however Newton hated Hooke, and Hooke was short!

 

I sympathise with you, however it could be said to be flattering that you were copied.

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