Tuesday, July 20, 2010

Plagiarism issue in Supreme Court decision

In the Phillipines, plagiarism charges have been leveled against Associate Justice Mariano del Castillo in the decision in the "comfort women" case.

The manilastandardtoday reports: Del Castillo was accused of copying two foreign law journals and another foreign book without proper attribution to authors. The allegation is included in the supplemental motion for reconsideration filed by petitioners through lawyer Harry Roque Jr.

The ultimate issue is one of copyright infringement. The Standard noted:

In their supplemental appeal to the high court ruling, petitioners alleged that del Castillo lifted quotes and footnotes from: 31 parts of “A Fiduciary Theory of Jus Cogens” by Ivan Criddle and Evan Fox-Descent, published last year in the Yale Journal of International Law; 24 parts of “Breaking the Silence on Rape as an International Crime” by Mark Ellis, published 2006 in the Case Western Reserve Journal of International Law; and four parts of “Enforcing Erga Omnes Obligations in International Law” by Christian Tams, published in 2005.

Although they did not directly sought penalty against the magistrate, the women said copyright infringement is punishable under Article 217 of RA 8293 (Intellectual Property Code).

Those who committed plagiarism can be imprisoned for one to three years and required to pay a fine ranging from P50,000 to P100,000 for the first offense.


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