Lord of Galloway: It's one of those many things where it is not blatantly illegal, but there may be so upon a serious court case. Though in the US there have been some cases, the legality doesn't look very strong. In the Boston U case mentioned above, the case faltered on a technicality and there was subsequent behind the scenes dealings; the companies involved caved into Boston U outside of court ... they knew what would happen otherwise. And ... http://en.wikipedia.org/wiki/R2C2I wouldn't be very optimistic about it, even in the US.
So... every court case ever, then.
How can the legality not LOOK very strong? Writing papers is a form of speech. We are protected by the First Amendment in America barring specific legislation OTHERWISE. I wouldn't be surprised if that Massachusetts law is actually unconstitutional now. In any respect, you can't just sue or prosecute someone over a law that doesn't exist and hope to win. That's legislation through the courtroom and is pretty heavily frowned upon. The only reason the Boston U case even worked at ALL is because there was some claim that they had violated STATE LAW.
Reviewing the Wikipedia article, the case was even worse than I thought. This was a private action. NOT legal action, but a civil suit. This means that the DA didn't even want to TOUCH the idea of prosecuting, even when the law is clear! The plaintiff attorney would like to stop this sort of behavior but it seems transparently clear he knows that the law is NOT on his side. Finally, they also managed to get some traction because they were dealing with real research, which could have fraud implications. But that's NOT the same as writing someone's Hamlet paper for an undergraduate English class.
|