Question: Several students from a high school in Fairfax County, Virginia, and another in Tucson, Arizona filed suit against iParadigms for copyright infringement. iParadigms is the

Several students from a high school in Fairfax County, Virginia, and another in Tucson, Arizona filed suit against iParadigms for copyright infringement. iParadigms is the company that owns and operates Turnitin, a software program that allows educational institutions to check student term papers against previous students' papers to detect plagiarism. The students wanted their papers removed from Turnitin because no contract was ever formed to allow their papers to be posted there, that duress was involved when they clicked to submit their papers because they had no choice but to post their papers in order to turn them in, and that they were minors and could not make valid contracts. Are the students correct? Or was there a valid contract? [A. V. ex rel. Vanderhye v. iParadigms, LLC, 544 F. Supp. 2d 473 (E. D. Va. 2008), reversed on other grounds, 562 F. 3d 630 (4th Cir. 2009).]

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iParadigms first contends that Turnitins Clickwrap Agreement constitutes a valid contract entered into between Plaintiffs and iParadigms and that the limitation of liability clause precludes any liabi... View full answer

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