March 30, 2007
High-School Students Take On Turnitin
Students at McLean High School, in Virginia, have already expressed their displeasure with Turnitin, the plagiarism-detection service used by thousands of schools and colleges (The Chronicle, September 22, 2006). Now they're taking their complaints to court, as The Washington Post reports.
Two unnamed students from the school filed suit this week in U.S. District Court in Alexandria, Va., citing copyright law and seeking $900,000 in damages from iParadigms LLC, Turnitin's parent company. (A pair of Arizona students, also unnamed, are co-plaintiffs. All of the students are minors.)
Does the lawsuit have legs? Some intellectual-property experts think so. When teachers or professors submit students' essays to Turnitin, the company adds those papers to a massive database against which subsequent submissions are checked. It does so without reimbursing the students, and that's where the lawsuit comes in. The McLean students submitted copyrighted papers to Turnitin with instructions that they not be stored in the company's archive. The students say Turnitin went ahead and did so anyway. --Brock Read
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On the flip side, there are a lot of intellectual attorneys that think the students don’t have a leg to stand on. According to the company, their service has been vetted by some of the better IP law firms and clients that include such prestigious institutions such as Harvard, Oxford, NYU Law School, Rutgers and UCLA.
How do you establish a fair market value for something that doesn’t have a market for it?
As far as I know, the papers are not distributed to anyone but the professor and the student.
— Frank P Apr 1, 08:44 PM #
Copyright protects against unlicensed COPYING or reproducing of a body of work. Since these students freely submitted their work, and it is NOT being copied, where is the copyright infringement?
— Ken Rock. Apr 1, 09:38 PM #
Frank:
Copyright has nothing to do with the “fair market value” of a work; the author holds copyright in his/her own work, regardless of its value or whether or not is ever published anywhere.
However, I do agree that the legal ground of the students in this case is weak. It seems clear that they engaged in this particular exercise for the sole purpose of being able to sue turnitin, and the courts generally don’t look favorably on that sort of thing.
— Dan Wright Apr 1, 11:24 PM #
Hmm, let me see, students can either agree to be violated, or they can CHOOSE to get an “F” on every paper or “find another school.” Great options, eh!
This is a classic case of undue influence to coerce students into involuntarily ceding their intellectual property rights—under duress—to a profiteering, corporate giant. The corporate giant (Turnitin) prosper to the tune of $20,000,000-$160,000,000 in revenue per year off the backs of MINORS, while the students do not get a PENNY in compensation for their time, resources, or documents that Turnitin monetizes without students’ willing permission. What Turnitin and the school are doing to the kids is nothing short of indentured servitude!
Turnitin had revenue of $10,000,000 in 2003. The owner of Turnitin, John Barrie, recently admitted (http://www.businessweek.com/technology/content/mar2007/tc20070313_733103.htm) that Turnitin’s membership has DOUBLED every 12 months since 2003.
2003 = $10,000,000
2004 = $20,000,000
2005 = $40,000,000
2006 = $80,000,000
2007 = $160,000,000
2008 = $320,000,000?
Student compensation since 2003 = $0
Turnitin also commits copyright infringement by emailing students’ intellectual property to third parties. Proof, you ask? Go to the following URL to read about a professor’s first-hand experiment with the Turnitin system. The results of the experiment provide undeniable proof that Turnitin emails complete, word-for-word copies of students’ papers to third parties around the world (without students’ permission):
http://www.mikesmit.com/page.php?id=23
Yes, the McLean students properly registered their copyrights with the Copyright Office long before filing the lawsuit. Their papers also included clear disclaimers warning Turnitin not to index the papers. Turnitin blatantly ignored the disclaimers, and now Turnitin will pay, both literally and figuratively. The DMCA set the penalty at $150,000 per violation (paper), not the students’ pro bono attorney.
To those student-detractors who claim that the “students are cheaters,” “the students’ parents just don’t want their kids getting caught,” or “they’re probably ‘F’ students anyway,” you are WRONG, WRONG, WRONG! The minors who filed the lawsuit are all STRAIGHT “A” students. These kids are not suing the school. They are not suggesting that the school should refrain from vetting for plagiarism. What the kids ARE saying is that the school has NO RIGHT to blatantly usurp their intellectual property rights by using undue influence to force them to hand over their papers to be monetized by a huge corporation, while they don’t get a PENNY for their time, ideas, labor, or documents.
— Paul Apr 2, 12:13 AM #
Everybody wants to sue whether there is any merit or ethical considerations. Students plagiarize and then claim that they are right in doing so. This is absurd. Only in America it could happen. I feel sorry for these unprofessional and unethical students. Someone wrote that these students are “A” students. What does that mean? Maybe they got “A“s by plagiarizing others materials!
— Kan Chandras Apr 2, 08:50 AM #
Paul, you raise some good points but the fact that the company makes profits is ancillary to the service they provide, i.e., the company makes money because schools want to make sure students are in fact doing their work. We cannot assume that everything about a free (or private) education can be, well, free. And as Kan suggests ethical considerations must outstrip the profit-motive. The lawsuit seems to verge on suggesting that students ought to be paid for not cheating, which is ludicrous. Now if Turnitin was regularly archiving work published elsewhere or on par with, say, Saul Kripke’s papers on modal logic (written while he was a teenager) that would be one thing. But otherwise, the students’ paper are being used for an educational purpose, and hardly compares to the copyright infirngement of, say, photocopying someone’s book or diss. for someone else. None of the students intend to publish their papers (MLA Handbook says “to publish is to make public”), and hence, the need to verify a student’s work is implicit in the requirement to, excuse the pun, turn it in.
— Prof Apr 2, 09:53 AM #
I have just finished reading Richard A. Posner’s book titled: The Little Book of Plagiarism.
He explains that TURNITIN’s digitized program takes each student’s paper, uploads it into the TURNITIN database, and searches the data base for matches. The author points out that the TURNITIN data base is actually a collection of databases. Posner expertly points out that some of the nation’s best colleges, such as Harvard, do not subscribe to TURNITIN or other plagiarism-detection software services but prefer to “preach” to their students about the evils of plagiarism. Posner points out that these schools are naive. Posner goes on to say that abler students tend also to be more ambitious than mediocre ones. Posner’s book is must reading for college professors. Richard A. Posner is a judge on the United States Seventh Circuit Court of Appeals and a senior lecturer at the University of Chicago Law School.
William Allan Kritsonis, PhD
Professor
PhD Program in Educational Leadership
Texas A&M University System
Prairie View A&M University
Distinguished Alumnus
Central Washington University
Visiting Lecturer
Oxford Round Table
University of Oxford, ENGLAND
— William Allan Kritsonis, PhD Apr 2, 10:35 AM #
As a college instructor, I am guessing the students’ real motive in suing Turnitin is to prevent their instructors from catching plagiarism. If there is no intent to publish the paper, then I see no copyright infringement. What will they think of next, suing teachers for giving them a bad grade and thus “undermining” their ability to earn a scholarship or get into college???
— Brian Dille Apr 2, 10:36 AM #
The incredible success of Turnitin is evidence of the weakness of faculty who cannot recognize purloined material when they see it. Am proud to say our faculty opted not to sign up for Turnitin but to rely on their own resources to detect plagiary.
— llevitt Apr 2, 10:39 AM #
Type “tem papers” or “essays” into google and see how many hits you get. Students can purchase these online very easily. Turnitin is not publishing their papers and making a profit off of that. Turnitin is providing a searchable database of papers to detect plagiarism. The students would have a case if their work was to be published somewhere, but most of what is written in college has no market value whatsoever. Yes Turnitin makes a profit from providing this service, otherwise it would not be provided. What’s the incentive? What they are NOT doing is making a profit from “publishing” the works submitted. Their profit comes from providing a searchable database. Copyright laws are intended to protect individuals from having their intellectual property used by another entity for personal gain. If anything Turnitin is protecting the rights of the students by comparing their original copyrighted works against those submitted by individuals seeking to gain from unauthorized utilization of these materials If Turnitin were to publish these materials and gain profit from the act of publishing them, then they would be in violation of the law. However that is not what they are doing. They are comparing submitted works to what is stored in their database. It is the ACT of comparison and the maintenenance of the database that generates their profits, NOT the unauthorized publishing or distribution of intellectual property.
— Dayton Ford Apr 2, 10:40 AM #
It seems to me that Turnitin.com could argue that they are not “usurping” the students’ intellectual property rights—as Brian says, there is no intent to publish—but in fact protecting such rights by discouraging others from copying their work. Anyhow, when I use Turnitin in class I always provide the students with the option of not using that service, but instead turning their papers in directly to me with photocopies of their source material.
— Lance Apr 2, 10:43 AM #
The motive of profit does not matter. Someone downloading music (or movies) for their own enjoyment would also be guilty under copyright laws, even if they did not sell the work for monetary gain, nor distribute it further. The fact remains that it is intellectual property, and that they deserve compensation if it is used by Turnitin to create revenue, even if it’s in the form of a database and not published.
Furthermore, to address the comments by “Prof”, the motive does not matter…stealing food because you are hungry is still stealing. Simply taking away their rights to property because it’s in the name of education doesn’t make it right. Just like a citation, you have to give credit where it’s due.
Hey…that might be great idea…what about a reference page? (lol)
— CJ Mora Apr 2, 11:01 AM #
As a community college dean in a division that uses Turnitin.com regularly to vet papers, I think that this lawsuit is absurd. The student’s papers are not being reproduced and therefore no copyright infringement is being made. As for the argument that the company is making a profit, that profit is coming from payments made by the schools for a service not for papers. This service is valuable and promotes academic honesty by giving faculty a reliable means to enforce their academic honesty policies. While it is easy to catch students who copy a paper off the internet, what about those students who “borrow” a paper from a friend or relative that has taken a class at our school in the past? This service allows faculty to ensure that this does not go unnoticed. And, yes, we have caught students who have used relative’s papers in our classes. And, our rate of plagiarism has decreased because students are aware that we use this service and what the consequences are for violating honesty policies.
— anonymous Apr 2, 11:48 AM #
Do highschool students really have intellectual property rights in papers produced as homework? Workers in industry who produce reports for superiors don’t have intellectual property rights. Couldn’t the argument be made that the school or the state “owns” the work?
— William Vanderburgh Apr 2, 12:01 PM #
Turnitin scans entire works and makes money from searching in a way similar to the way that Google makes money scanning entire books; that is, they sell information or advertising about others’ works regardless of whether they sell a ‘copy” of that work. The scanning of an entire work is argueably the right of the copyright holder and not any organization that intends to do so for their purposes. That’s what Google is being sued for by authors and publishers so my guess is that one of these cases will serve as precedent for the other.
Oh, BTW, the motivations of these students is completely irrelevant to whether or not infringement was committed.
As to the last question about a “work for hire”, unless the school paid for the papers to be produced under contract, they don’t own those rights any more than a university owns the rights to a doctoral thesis.
— Rob Apr 2, 12:41 PM #
As one of the first users of turnitin in my research classes, I can vouch for its success in discouraging students from attempting to use work that is not their own. I, too, believe that the lawsuit is an effort to avoid the consequences of their own acts or an example of juvenile grandstanding. As someone mentioned earlier, a quick google search will frighten even the most idealistic of us about the nature of some students’ attitudes about plagiarism. I for one am happy to use it and have no problem with both informing students that their papers will be submitted and that they will fail my class if their papers indicate that they have deliberately stolen another’s work and claimed it as their own. (But I submit their papers at the rough draft stage so they have an opportunity to correct their often unintentional mistakes.)
— woolfian Apr 2, 12:49 PM #
What Wolfian is doing makes perfectly good sense as a way of teaching morals while putting teeth into the violation of said lesson. None of this discussion or the suit is, however, about the worth or the usefulness of the service. It’s narrowly about whether the company has the right to scan/copy an entire work into their database for their commercial purposes without the copyright holder’s permission. It’s not a moral or ethical argument but rather a legal one.
— Rob Apr 2, 01:21 PM #
What a racket! Turnitin provides (at a substantial cost to users) a searchable database that is populated with creative works provided by the subscribers without the permission of the creators! (Virtually) zero cost of goods sold!
I am all for catching plagairists…but Turnitin can only work because honest kids write clean papers in the first place against which later works can be compared.
My first reaction to this article was to scoff at the kids filing this suit, but I think they have a real point. They are not being compensated for the raw materials that go into this product, and that is wrong. The laudable ends do not justify the means.
— Trudy Apr 2, 02:52 PM #
“In response to the McLean/Turnitin lawsuit, we’ve been disturbed by many professors’ opinion that students’ papers are so utterly void of intelligence and innovative ideas that their intellectual property does not warrant or deserve copyright protection. For the sake of debate, let’s presume that a certain percentage of student essays are terrible, in every aspect. What if that type of essay is exactly what someone WANTS to buy? What if an author decides to publish a new book entitled, ‘The Worst Student Essays Ever Written,’ and the author wants to buy hundreds of actual, ‘terrible’ essays written by students in all states—including Virginia—to include in the book. This could mean substantial royalties for the student authors. However, due to numerous legal restrictions, the author can pay students for their essays ONLY if the essays are not already stored/published/indexed in any database. Conclusion: This is merely one scenario in which Turnitin severely diminishes or completely eliminates the marketability of students’ intellectual property.” (http://www.essayfraud.org)
Here are four (4) other scenarios in which “Turnitin severely diminishes or completely eliminates the marketability of students’ intellectual property”:
http://www.essayfraud.org/turnitin_john_barrie.html#7
— Paul Apr 2, 06:44 PM #
Hey, Turnitin supporters, please directly address this damning evidence:
————————-
Turnitin also commits copyright infringement by emailing students’ intellectual property to third parties. Proof, you ask? Go to the following URL to read about a professor’s first-hand experiment with the Turnitin system. The results of the experiment provide undeniable proof that Turnitin emails complete, word-for-word copies of students’ papers to third parties around the world (without students’ permission):
http://www.mikesmit.com/page.php?id=23
— Paul Apr 2, 06:47 PM #
Scenario #1 – Bosses that jump to conclusions exist everywhere. With the writing sample Mary simply states that this was turned in as an assignment previously. If Mary is anything like my students, she has copies of her GRADED works in a folder. Showing this to her potential boss alleviates this as does the fact that the professor also knows this and (if he is like me) also has a copy of her graded paper.
Scenario #2 – See the usage agreement users of turnitin agree to http://turnitin.com/static/usage.html
Scenario #3 – A clear case of infringement on the part of the professor, NOT turnitin. The professor acted inappropriately NOT turnitin and thus violated the law.
Scenario #4 – Theft on the part of Paul’s friend. NOT a violation on the part of turnitin.
So these are the best arguments against turnitin? Pretty thin. None of the scenarios describes an infringement on the part of turnitin. Their usage agreement even expressly forbids what is described in some of these scenarios.
We have students that submit original works that are published once a year in our on-campus publication. They get full credit for that publication, but no renumeration as the publication is distributed to all members of the campus community at no charge. It’s simply a way of displaying the best work of our students each year. The students’ names are attached and they must agree to having their work published in this way. According to your arguments above, if somebody steals one of these from our publication and then profits from it by passing it off as their own then our college is held liable. Our lawyers have repeatedly said that that is not the case. That is a violation on the part of the transgressor (the plagiarist), not us.
Frankly your arguments (scenarios) support the existence of turnitin. Without turnitin, plagiarists would be able to easily steal the work of another and pass it off as their own without anyone having any means of checking for authenticity.
Here’s a scenario for you: Student submits paper to class, professor submits it to turnitin and finds that it is orginal. Someone later steals an idea from this paper and profits from it. Student files a lawsuit and has information from both his professor and turnitin that supports his claim of original authorship. The plagiarist is caught! How come that doesn’t occur in your scenario list?
— Dayton Ford Apr 3, 11:15 AM #
Oh one more thing. As a professor, if (during the course of my research) I come up with a great invention that is patented, the college has the patent rights. The idea was mine, but I used college equipment and resources as well as doing the work on the college’s time (while they were paying me). Although I will profit from this venture, the college will as well. Students are NOT independent consultants! The work that they submit was requested by the professor (e.g. was part of an assignment turned in for a grade). So both the professor and the college had a hand in generating that idea. If the assignment was not given, the student may never have come up with the idea in the first place. Also, chances are that college resources were used to generate and submit this idea. Thus both the professor and college are part of the idea’s origination and hold some ownership in part.
— Dayton Ford Apr 3, 11:28 AM #
Professor Ford, with no disrespect to your comments and examples, NONE of them is at all relevant to the point here. Taking the last first, you are an employee of the university so your inventions are a work for hire. Students are not employees so their work is theirs and not the institution’s.
Taking all of your scenarios together, the professor who submits the students’ papers may, in fact, along with the university, be liable for contributory infringement since, presumably, you aided the infringer without the consent of the copyright owner – the student. (To the extent you did so knowingly and ignored all wanrings to stop, you might also be guilty of “willful” infringment which carries MUCH higher penalties.)
Finally, how much the student does or does not get paid is beside the point. The fair use argument deals with four factors:
The Use of the Work – For profit or non-profit.
The Nature of the work – creative or factual.
The Substantiality of the Taking – all or part of it.
The Effect upon the POTENTIAL MARKET – not the actual market.
Considering all of these is what a court decides. Taken one at a time:
- Turnitin is a commercial enterprise making money on this activity.
- The works are usually entirely creative not facts.
- The papers are scanned into the database aken in their entirety.
- The POTENTIAL market may be indeterminate so the other 3 factors may have to prevail.
I’d say the arguement isn’t “thin” at all. Quite the opposite, in fact.
— Rob Apr 3, 02:12 PM #
If you are curious, here is Turnitin’s stated stance: http://www.turnitin.com/static/pdf/datasheet_ip.pdf. Seems to make similar arguments as Google.
— Brian G. Apr 3, 09:04 PM #
Point 1: The students are doing work for the college under the tutelage of a faculty member. Thus the work belongs to the college. Undergraduate students that do research projects in biology and chem labs do not own their work. Similarly graduate students do not own their work either. The university owns it because it was generated under their supervision using their resources.
Point 2: Since the university owns the work and not the student the other points stated are not relevant.
I’d say “thin” was an understatement.
Two more mitigating factors are that (A) these are minors (high school students) and (B) they are public school students.
— Dayton Ford Apr 4, 10:05 AM #
Your Point 1 is confused, Professor, and your further mitigating factors are not at all mitigating.
There’s no similarity between a student handing in an assignment which she has researched and written independently and a student doing school-sponsored research for a professor other than the fact that they’re done by students.
The fact that the copyrights were registered with the Copyright Office provides some clue about the originality and possible ownership of the work. A second clue might be the opinions of “some intellectual-property experts” (to quote the article) who think there’s merit in the case including (according the the Washington Post story) the co-director of the intellectual property law program at Suffolk University Law School.
As to the “thinness” of the arguement, apparently not so thin; that’s why there’s a lawsuit. And so far at least, the US District Court hasn’t dismissed it on its face as a frivilous claim (as you may have done).
— Rob Apr 5, 08:01 AM #
Not entirely independent. Yes the student does the work, but the entire process is done under the school’s supervision and the faculty member’s tutelage. The faculty member’s expertise is utilized as are college resources (library, internet, staff time, etc.) Thus it is not the intellectual property of the individual solely. It belongs to the university.
Being a minor is a big mitigating factor. The law does not apply equally to minors and adults. Being a public school student is also a mitigating factor. The law treats college students and high school students quite differently.
Anyone can copyright anything. If you have been through the process then you know it is not highly selective at all. It is actually TOO easy to do.
Courts frequently hear frivolous lawsuits. There are too many lawyers in this country and we have too many cowards as judges. The claim is clearly frivolous and should be labelled as such and tossed out. However that is unlikely to happen. The current state of our legal system allows anyone to sue for any perceived slight or harm (whether real or imagined). Nor is there a shortage of sycophants and toads (dare I say leeches also) who are waiting to support any lawsuit that is filed (no matter the consequences) as long as they may personally gain from it in the end.
— Dayton Ford Apr 5, 08:53 AM #
Well it’s been fun debating. ;-) Let’s see what happens.
— Rob Apr 5, 08:32 PM #
I am not a laywer, but I beleive TurnItIn could be in very hot water for this. I have the same concerns as these students over TurnItIn.com:
1) First of all, high school students ARE NOT employees, and many of them have not signed intelectual property ownership agreements giving their creation rights to another entity.
2) Even if there were such an implied contract, the notion of contract is not enforceable if the person is under 18 (which many high school students are in the 14-17 range)
3) Under the Berne Convention, a work is automatically copyrighted with the author owning the copyright to it. You do not have to be 18 to get this right (for example, see www.copyrightkids.org). This means the students themselves own the rights to their schoolwork assignments.
4) When a student submits their work to TurnItIn.com, in addition to checking their work for plagarism, TurnItIn also archives it for future tests.
5) In addition to archiving, once it is in TurnItIn’s database, any future tests for Authenticity would come back as plagarized, preventing the original owner from using his/her own work a second time for legitmate means (such as essay contests, publishing, presentations, sending to a friend, sending to another teacher, a teacher authorizes the work to be used for two classes, and others). The student has no way to remove or unflag this.
5) In addition to the storing and flagging, TurnItIn on its instructor side allows an instructor side to recieve documents that they beleive someone else plagarized.
6) The controls over document purging and the like are only available to schools, not students depriving students of the rights to their work.
7) TurnItIn is a for-profit company and is essentially making money of use of the students work without any compensation to the student!
8) I beleive that the following court case precedents would support the rights of the students:
* MGM Studios v Grokster LTD – This case proves that sharing copyrighted works online is illegal.
* Harper & Row vs Nation Enters – This proves the degree of protection of litterary works is more than pure facts.
* Sega vs Accolade – There is not enough use of the students work to create something new or compatible to allow commercial copying of another work to be “fair use”.
* Perfect10 v Google – In Perfect10 vs Google, they ruled that caching images of documents already on the web is fair use. However, I don’t think TurnItIn would qualify under this test, because these works were not on the web or made publically available by the students.
9) If I were a judge, I would rule in favor of the students and require TurnItIn to do the following:
A) Enable the option of “purge work from TurnItIn’s database” after checking.
B) Give students the option of disabling the e-mail option that instructors have to obtain documents of what a student is suspected of plagarizing, or the option of requiring approval before being sent.
C) Modify TurnItIn to allow students to retain the rights of multiple uses of their work, by requiring a students name for checking ones work, and if the name is the same as the original student it would come back authentic instead of plagarized if sumbited a second time.
— Stephen Apr 12, 11:45 AM #
I don’t know who the people are who think they know anything about the plaintiff students and what kind of students the are and what their motives are. I know the original seven students at McLean High School who challenged the use of Turnitin (my son is one of them). They are all good students who are not plagiarists. They object on legal and ethical grounds to their work being used against their will by this for-profit company. They are forced to consent to this use of their work, or take a failing grade — how can that be considered consent? The student plaintiffs didn’t turn papers in to Tunitin simply to file suit, they were forced to do so as class assignments. And many educators who have tested the system have found that it simply doesn’t work. It misses major, blatant acts of plagiarism but finds insignificant, irrelevant similarities to other work. Perhaps it has somewhat of a placebo effect, in that if students think they might get caught they are less likely to cheat. But that is hardly worth trampling over students’ intellectual property rights.
Does anyone have any evidence as to how big a problem student-on-student plagiarism is? I would think the bigger problem is students copying information from published sources without proper citation. In that case, Turnitin’s archive of student works is really not worth that much. And if John Barrie pays licensing fees for other published works that he archives, why not pay students for their papers that he archives? He is stealing student papers, in my opinion.
The students’ legal argument is definitely far from “thin”.
— Rose Apr 12, 03:10 PM #
First: Most posters here seem to be confused about the lawsuit. The students are fighting the archiving, not the comparing of their papers. By making a copy of the students work with neither permission nor compensation, Turnitin is violating their property rights. Whether or not the students intend to publish the papers does not matter, Turnitin has made a copy and forced students to relinquish their rights under coercion. In fact, as these students put disclaimers asking that their work not be included in the database, the company is doing so against the strict request of the copyright holders and in violation of their own stated policy.
Second: Any high school teacher who needs to use such a system should be trying harder at their job. There are a number of ways to combat plagiarism without this…
a) In class essays; unless your students can memorize their copied essays and they know the questions ahead of time. You will help build their ability to think and write on the spot.
b) As another poster has his students do, require photocopies of source material.
c) Limit students to a certain set of sources, like the school library. If they only have ten books to get facts from, they will be hard pressed to plagiarize without you knowing. Plus, they will have to pore over the sources and really understand them. This along with a) is also the format for AP exams, so give your students a little practice.
d) Vary your questions from year to year to eliminate sibling problems. Ask for synthesis (not synopsis) and point of view to eliminate Wikipedia.
I’m sure there are more methods out there; don’t be afraid of a little change.
— Michael Apr 15, 02:51 PM #