Dr. Thresher v. Prof. Bedell
November 18, 2020
Dr. Thresher v. Prof. Bedell was my (Dr. Duane Thresher's)
second foundational case; see
IT Law
Expertise in my
Credentials on
the
Apscitu website and
About
Apscitu Law and
Casebook on
the
Apscitu Law
website. This case started while I was working as a
network
engineer at the Arctic Region Supercomputing Center in
Alaska, where I did some research and work on cellular
telephony (which itself involves important IT law issues).
When I then started my own business,
Thresher
Networks LLC, in Montana, I continued this cellular
telephony research, including buying from Amazon.com a
just-published book,
Wireless Crash Course — A Real
World Perspective, Third Edition, by
Paul Bedell
, published by McGraw-Hill,
Steve Chapman
editor. Paul Bedell was/is a professor at DePaul
University in Chicago, in the College of Computing and Digital
Media, whose dean was/is
Dr. David Miller
, and used/uses the book in his
courses.
While reading the book, I discovered Prof. Paul Bedell had
largely plagiarized it from Wikipedia. I carefully and
extensively proved this copyright violation and then
I reported
it to the McGraw-Hill legal department. After months of
arguing with McGraw-Hill, with Editor Steve Chapman running
interference, I finally got McGraw-Hill to stop publishing the
book, or any other book by Paul Bedell, who had already
written three other books for McGraw-Hill, including the
now-suspect second edition of
Wireless Crash Course.
(I suspect the stalling was so McGraw-Hill could try to unload
its existing stock of the paper book.) A little after
reporting the copyright violation to McGraw-Hill, I reported
it to the DePaul University Barnes & Noble bookstore, who
stopped selling it. Publishing a book is an expensive venture
so stopping it, particularly just after the initial large
costs, is very hard to do.
I also
reported this copyright violation to DePaul University,
including General Counsel
Jose Padilla
, President
Dennis Holtschneider
, College Dean
David Miller
, and (a little later) University
Librarian
Scott Walter
, but they did nothing about it, even
though there are warnings to students all over the university
website about the severe consequences for plagiarism: "If
proven, a charge of plagiarism could result in an automatic F
in the course and possible expulsion. The strongest of
sanctions will be imposed on anyone who submits as his/her own
work any assignment which has been prepared by someone else."
Still, doing nothing was to be expected from a third-rate
university like DePaul, who would hire an IT incompetent like
Paul Bedell as a professor (see
Principles
of IT Incompetence (IT Hiring: IT Incompetence Breeds
Disloyalty and Corruption)).
Because Prof. Paul Bedell's students could no longer buy his
book, he at first made copies of this copyright-violating work
available to them himself, with an ironic warning: "This
material is copyrighted by the Instructor and should not be
reproduced in any manner, for any distribution outside this
course." Bedell then went to a vanity (self) publisher,
Outskirts Press, and to this day sells the
same plagiarized book
on Amazon.com under a different
name,
Cellular Networks: Design and Operation — A
Real World Perspective, and requires it in his courses at
DePaul University. Exactly what you would expect from a
corrupt incompetent.
I also
reported this copyright violation to the Amazon legal
department, but Amazon did nothing about it. Amazon won't
even allow mention of the copyright violation in the reviews
on the webpage of either book, old or new. Amazon has
repeatedly proved that it does not care about the legality of
what it sells; see
The
Decline and Fall of Amazon. Amazon even continues to sell
the Kindle (digital) version of the old book.
Compared to the earlier
Dr. Thresher
v. Prof. Dr. Lohmann, from this case I learned even more
about copyright law, particularly as applicable to IT; for
example, the Digital Millennium Copyright Act (DMCA). And I
had reinforced the lesson to skip uselessly and endlessly
arguing with all the non-lawyers involved and get right to the
lawyers. Further, when this case began I was ignorant about
defamation (usually libel) law, so hesitant to say anything
for fear of being sued. I read up on defamation law —
New York Times Co. v. Sullivan, 376 U.S. 254 (1964) and
subsequent cases are the most important precedents — and
then confidently proceeded. Finally, this case started to
solidify my thoughts, from years of being the victim of it,
about the high cost of
IT
incompetence.