Monthly Archive for March, 2010

Law Firm Plagiarism

International law firm Ropes and Gray is currently facing a $82.5 million plagiarism law suit, filed by their former client Cold Spring Harbor Laboratory.  Cold Spring Harbor, a genetic research firm, claims that they were denied a patent application because the law firm plagiarized filed materials from another scientist’s patent.  The partner whose actions are under examination no longer works at the firm after being fired due to another related indiscretion.

This type of suit against a law firm, particularly within the intellectual property sector, is not uncommon.  Law firms, especially those that deal with intellectual property,  can take a huge hit (both in image and capital) from a case of plagiarism that slips through the cracks.

Patents are in-depth, lengthy, and often dense forms of content that can easily leave out a citation or author credential.  The law firms that are responsible for filing these patents are employed by large companies that pour millions of dollars into filing prospective inventions with the United States Patent Office.

Clients expect their lawyers to always complete due diligence as far as checking any filed materials for duplicate content.  For large or small accounts, a law firm should take the easily accessible precaution of utilizing plagiarism detection software before filing any patents with the USPTO.

iThenticate checks all submitted content against a massive database of on and offline content that allows law firms, intellectual property professionals, global rights divisions and copyright offices to ensure nothing slips through the cracks.

Citations:

The JD Journal. “Ropes and Gray Slapped with Plagiarism Suit” 25 Mar. 2010 http://www.jdjournal.com/2010/03/25/ropes-gray-slapped-with-plagiarism-suit-2/

Online News Up, Editorial Process Down

The Pew Project for Excellence in Journalism recently revealed its ‘State of the News Media Industry 2010‘ report, which details the various trends in American journalism.

One of the continued trends from previous years was the decline of traditional print circulation:  “In the latest period, September, industry-wide circulation fell 10.6% from a year earlier. Those come on top of losses of 4.6% in 2008. ”

Most attribute this continued decline in print circulation to the explosive growth of online news outlets, as well as the consumer’s evolving need for instant on-demand news.  The report highlighted the traction of online news with several high profile statistics, including a yearly unique visitor increase of 9.25% among 4,600 online news sites.

The State of News Media Report reveals some very alarming points when juxtaposed with a recent survey by Columbia Journalism Review.  The CJR survey, titled ‘Tangled Web,’ highlights how web magazines are forfeiting journalistic standards to meet the demand of a new online medium.  The survey examined the editorial process by polling nearly three thousand consumer magazines that have now targeted online distribution methods.

Some of the findings of the CJR survey present an alarming outlook on the future of journalistic integrity: “59 percent of those surveyed said that either there was no copy editing whatsoever online (11 percent), or that copy editing is less rigorous than in the print edition.”

The CJR article goes on to speculate that the online news business model may be to blame for a less stringent editorial process:  attracting the maximum number of  web page viewers to fulfill advertising revenue potential.   This fact combined with the exponential growth of online media is outright scary.

Old Media outlets that are transitioning to an online format need to realize that lapses in journalistic standards will eventually deteriorate the real golden egg they bring online – unique content.  New tools like iThenticate’s plagiarism checker need to be adapted into the editorial process to ensure unique content and journalistic integrity remain at the forefront of news media.

Citations:

Pew Project for Excellence in Journalism. “The State of the News Media 2010, Overview” 15 Mar. 2010 http://www.stateofthemedia.org/2010/overview_major_trends.php

Navasky, Victor & Lerner, Evan. “Tangled Web” Columbia Journalism Review Mar. 2010. http://www.cjr.org/feature/tangled_web_1.php

New York Times Plagiarism – Nature or Nurture?

Are recent incidents of newspaper plagiarism examples of Nature, something that would ‘naturally’ occur due to the inadvertent duplication of content, or Nurture, where plagiarism is happening because of the publishing environment writers are placed in?

Echoes of this question have surfaced over the last several weeks as the conversation on the New York Time’s reluctance to use plagiarism software has continued.  Contrasting points of view have come out of various blogs, including the Columbia Journal Review and True/Slant.    One notable entry into the discussion is the New York Times (which is the primary subject of the controversy after NY Times journalist Zachary Kouwe was caught plagiarizing Wall Street Journal content).

New York Times Op-Ed Columnist Clark Hoyt re-iterated  Silverman’s line of questioning on why the Times doesn’t employ plagiarism detection software: “Such software is in wide use in the academic world, but has few takers in the news industry.  Silverman said it makes many journalists uncomfortable because it seems to assume guilt.”

True/Slant writer Paul Smalera takes an opposing view to Silverman, asserting that in order to stop plagiarism from occurring within publications like the New York Times the entire environment needs to be modified:   “I would bet, with no inside knowledge, that the fiercely competitive Times, especially its Business section, especially DealBook, is loath to credit competitors, because it looks weak. So editors push for original-sounding reporting, and Kouwe massaged wire copy and blog posts to meet deadlines and word counts.”

Smalera makes a good point that Kouwe may have been on an unrealistic deadline to write up to 7000 original words per week.  On top of that, he was writing for the NYTimes business blog, DealBook, which reports on business facts that can only be recounted in so many ways.   In other words, the publication may have inadvertently created an environment that ‘nurtured’ plagiarism.

The New York Times is ‘fiercely competitive,’ especially during modern times when they face encroaching online media outlets that move in real-time and voraciously cover niche topics.  In order to protect their current market share, the Times needs to continue at their marathon pace: placing resources on and offline, covering a variety of topics, as well as managing journalistic integrity.  Increasing production and pushing deadlines may have put a strain on journalistic integrity, and in turn produced plagiarism.

On the flip side, within a large publication like the Times that distributes a huge amount of content across a variety of mediums, would plagiarism naturally occur even if the publishing environment were modified?  Are some of the recent writers who claimed they inadvertently copied figures from another source telling the truth?

Take the hypothetical situation of 10,000 journalists covering the same news story.  It seems likely that some snippet of nearly identical content would make its way across multiple versions of the coverage.   Although 10,000 journalists covering one story seems mildly absurd, we are getting closer to that number as online media outlets are thrown into the mix.   Of course, in the real world, there are a various other factors that come into play, including a writer’s access to previously published content.

The most likely answer probably falls within the gray between nature and nurture.  More instances of plagiarism may be cropping up due to the highly competitive news media environment, but some plagiarism would probably occur in different circumstances regardless.  Within large organizations like the New York Times there are a variety of reasons plagiarism can occur:  inadvertent plagiarism can slip through the cracks, a normally upstanding journalist can be pushed too hard with deadlines, or a ‘bad apple’ journalist lacking in morals can be mistakenly hired.

The variety of different ways and reasons plagiarism happens is exactly why plagiarism software is not something the Times, or any other large publication, should overlook.  With their logistic resources spread thin in such a competitive environment, plagiarism software is one piece of the puzzle that could  be massaged into their editorial process to provide a safety net.  This not only protects the integrity of the paper by preventing future cases of plagiarism, but also ensures readers that providing unique content is of the utmost importance to the publication.

As the New York Times tries to keep up with the rest of the industry and moves into a new era of publishing, they should keep in mind that the integrity of the unique content they provide is perhaps their most valuable asset.

Citations:

Silverman, Craig. “To Catch a Plagiarist ” The Columbia Journalism Review 19 Feb. 2010 http://www.cjr.org/regret_the_error/to_catch_a_plagiarist.php

Hoyt, Clark.  “Could Plagiarism Software Have Spared the Times an Embarrassment?” The New York Times  6 Mar. 2010 http://publiceditor.blogs.nytimes.com/2010/03/06/could-plagiarism-software-have-spared-the-times-an-embarrasment/

Smalera, Paul. “Kouwe didn’t need anti-plagiarism software, just intellectual honesty ” True / Slant 8 Mar. 2010 http://trueslant.com/paulsmalera/2010/03/08/kouwe-didnt-need-anti-plagiarism-software-just-intellectual-honesty/

A Seal of Approval for News Publishers

There has been a recent series of plagiarism incidents coming out of news publications, from within large organizations like the New York Times to smaller ones like the Daily Beast.  In most cases the individual culprit ‘resigns’ and the publication maintains that it didn’t know about the misconduct until it was pointed out by some outside source.  The news organization usually says it will do everything possible to prevent something similar from occurring in the future, but more often than not they go back to doing things the same way as always.  Shouldn’t publishers show their readers that they are actually taking the due diligence to prevent plagiarism?

Utilizing a plagiarism checker like iThenticate doesn’t ensure a news publication a 100% guarantee against plagiarism; however it does drastically reduce the likelihood of something slipping through the cracks.   Making iThenticate a regular part of a publication’s editorial process allows all submitted content to be cross-checked with a massive online and offline database of content, instantly highlighting any duplicate content matches.    Not only does this process minimize the chance of a plagiarized article reaching distribution, it also serves as a ’seal of approval’ for readers.

Using a plagiarism checker says to readers that the quality and unique nature of the content they are reading is of the utmost importance to the publisher.  A publisher that says they care about catching plagiarism but doesn’t take the appropriate actions to back that up can’t truly tell the public that they are doing everything possible to prevent another incident from occurring.

Liken the process of consuming news content to buying produce at the supermarket. When you buy any sort of produce, it comes with a variety of labels that show it’s organic,  free range, healthy for the heart or any other number of certifications.  These labels are meant to guarantee that the produce has gone through some sort of externally organized certification process.  Utilizing iThenticate also certifies that a publisher has gone through an in-depth process to weed out the possibility of plagiarized content from reaching distribution.

In our current news climate, large papers are being threatened by new models of online distribution and smaller niche publications.  Standard subscriptions to papers are consistently dwindling and many large organizations are looking for new business models to stay afloat.   Most publications realize that in some shape or form they will need to transition the majority of their distribution to an online format within the next decade or so.

When the giants of the industry make this move, certifying that their content is truly unique becomes that much more important to their business model.   For readers that are potentially paying an online subscription fee to access content, they need to be ensured that this content cannot be found elsewhere in any shape or form (otherwise why pay?).  The seal of a plagiarism checker service helps to authenticate that the content truly is unique, and cannot be found elsewhere across the vast landscape of the internet or beyond.

In addition, if news publishers fully commit to the route of advertising as so many other online business do, the insurance that a plagiarism checker service provides also will come in handy.  Recently, we’ve seen celebrities like Tiger Woods dropped from endorsement deals because of a scandal that advertisers wanted nothing to do with.   The same goes for online advertising – no right minded advertiser would want their name or brand associated with a plagiarized piece of content.  Providing the proof that every piece of content has been run through a plagiarism checker can give advertisers the peace of mind that their money is well spent.

Citations:

Silverman, Craig. “To Catch a Plagiarist ” The Columbia Journalism Review 19 Feb. 2010 http://www.cjr.org/regret_the_error/to_catch_a_plagiarist.php