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University of Minnesota Law School professor Dan Burk countered that the company's use of the papers may not meet the fair-use test for several reasons:
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The company's lawyers further claim that dissertations and theses also carry with them an implied permission to archive in a publicly accessible collection such as a university library. That implied license, the lawyers argue, thus grants Turnitin permission to copy, reproduce and preserve the works.
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Lawyers for the company claim that student work is covered under the theory of implied license to evaluate, since it would be pointless to write the essays if they were not meant to be graded. Mount Saint Vincent University became the first Canadian university to ban Turnitin's service partly because of implications of the Act. The Student Union at Dalhousie University has criticized the use of Turnitin at Canadian universities because the American government may be able to access the submitted papers and personal information in the database under the USA PATRIOT Act. In 2019, Turnitin began analyzing admissions application materials through a partner software, Kira Talent. Blackboard, Moodle, ANGEL, Instructure, Desire2Learn, Pearson Learning Studio, Sakai, and Studywiz integrate in some way with the software. Some virtual learning environments can be configured to support Turnitin, so that student assignments can be automatically submitted for analysis.
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Teachers can also set assignment-analysis options so that students can review the system's "originality reports" before they finalize their submission.
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Teachers may also submit a student's papers to as individual files, by bulk upload, or as a ZIP file. Students typically upload their papers directly to the service for teachers to access.
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It also contains commercial and/or copyrighted pages from books, newspapers, and journals. In addition to student papers, the database contains a copy of the publicly accessible Internet, with the company using a web crawler to continually add content to Turnitin's archive. This prevents one student from using another student's paper, by identifying matching text between papers. The essays submitted by students are stored in a database used to check for plagiarism. It scans its own databases and also has licensing agreements with large academic proprietary databases.
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The Turnitin software checks for potentially unoriginal content by comparing submitted papers to several databases using a proprietary algorithm.