Spartan Daily - Serving San Jose State University since 1934

Issue date: 8/24/09 Section: News

Media Credit: Stefan Armijo Kyle Brady

When computer science major Kyle Brady wrote programs last semester, he said he wanted to show them off on his blog. But that same code was answers to homework in professor Michael Beeson's Spring 2009 computer science course.

Though the initial tussle centered around cheating and plagiarism, another question emerged: Who really owns your homework?

Brady said Beeson sent him an e-mail on May 22 this year, telling him to remove the code from the Web site or be flunked from his Data Structures and Algorithms class for cheating. Brady said that since the code was posted after the due date, it wasn't cheating at all.

Brady had two reasons for posting it, he said. One was the potential to show future employers his programming skills, and the other was in the spirit of open source - a movement that encourages computer programmers to release their code to the public.

But Beeson was planning on using those problems again for future semesters, he said, and posting the code would only help future students cheat.

"It's a lot of work to make up these assignments, " Beeson stated in an e-mail. "If the solutions are publicly posted, that essentially renders hundreds of hours of preparation useless."

Brady said that shouldn't be the students' problem.

"To be honest, professors get paid to teach and get paid to prepare assignments," Brady said. "I know Beeson has been reusing the same assignments for years. That was common knowledge. Me posting the code didn't change anything."

Beeson said it will, and that it is "absolutely not possible" to change them every year, since his lesson plans focus on specific algorithms he wants the students to learn to code.

But as far as cheating goes, director of judicial affairs Debra Griffith sided with Brady.

"There is no policy that says students can't post something online," she said. "The academic integrity policy is really clear."

Beeson stated in an e-mail that "it was an error" to cite the academic integrity policy against Brady.

"The right solution," he stated, "is to treat this as a copyright issue."


Who owns the code?


A creation based off of a pre-existing work, whether it's computer code or a painting, can be classified as a derivative work, according to the U.S. Copyright Office.

Kenneth Louden, the computer science department chair, said the problem isn't clear-cut in this case.

"Copyright is murkier, because if the problem set is unique enough, then the solution is a derivative work," Louden said. "The issue has never been truly litigated."

If it's a relatively standard problem, Louden said, the student then owns the copyright and has a right to post it online. If it's a complicated or unique problem, the teacher owns the copyright.

"Beeson's cases were interesting and creative, but the solutions behind them were still textbook," Brady said.

In response to the judicial decision, Beeson now has a copyright notice on his syllabus.

"The student can post his or her code, but must first change the names," he stated in an e-mail. "That will prevent new students from Googling up the solutions, at least, if old students respect my copyright."

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