Here is a list of the complaints filed by PARCC to take down statements on social media that PARCC claims are a violation of their copyright.
In some cases, they demanded the severing of links to posts they didn’t like. In others, they objected to descriptions of test passages. The passages are copyrighted, the descriptions are not.
There is a legal question about fair use: Under copyright law, it is legal to quote from copyright material if the quotation is short and relevant to public discussion. Whether this is applicable to standardized tests has not been determined.
From the point of view of what is reasonable, parents and teachers should know what their students have been asked by a testing corporation. How else can they learn from the tests if they don’t know their contents? The infamous “Pineapple” question of a few years back was revealed by leaks, not by disclosure. The item was so ludicrous that it became an embarrassment for Pearson. #pineapplegate became a media sensation, written up in every major newspaper, and parodied on the John Oliver show.
Without disclosure, Pineapple stories may proliferate, to the detriment of our students.

My passing along c u r m u d g u c a t i o n’ s post seems to have escaped their grasp
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Twitter certainly has copyright lawyers in their employ who understand that Slover abused copyright law when she used it to pressure Oyler to release the name of her source for the test questions.
Twitter is simply abusing their considerable power to censor things (and people) they do not like.
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Julian Assange’s book chapter, “Google is Not What it Seems” (available on-line), is interesting, in light of his description of the Gen Next Foundation, a website that features the “74”
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Will have to check that out. Thanks, Linda!!
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Read it! Quite interesting and very informative, especially since most have bought into the benevolent Google meme (my last school included-ay ay ay)
Thanks again, Linda!
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The Gen Next Foundation website features Bush appointee, Rumsfeld and, Obama appointee, Napolitano. The President of the University of California, is Napolitano. A bit of hypocrisy, her association with school privatization while heading a public university?
Is she a Walton plant in higher ed?
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Retweeting PARCC related tweets caused a knock, by their Stasi, on my Twitter screen, followed by a legalese email…scared me immediately into tweeting more ToxicTesting info related to exploiting students with “gotcha” and “Fail-a-Kid” items.
SoooScared by Pearson in ATL
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Don not Tweet of Facebook. Absurdity of tests are evident in the released items as well as programs like this one, interesting because PBS gets funds from Gates. http://www.npr.org/sections/ed/2015/11/06/454876998/a-peek-inside-what-kids-saw-on-a-common-core-test
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one this is not copyrighted?
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The https://greatschoolwars.files.wordpress.com/2015/10/eic-oct_11.pdf are bullies that will continue to twist the truth. That headmaster in English that tried to foist his opinion on people, is only different by degree.
There is a culture of lies that is built in to today’s news. The powerful who control he media do their best to prevent full disclosure of facts.
here is a good essay on how the media sums us down
http://www.opednews.com/articles/The-Age-Of-Political-Stupi-by-Michael-Roberts-Citizens_Corruption_Hijack_Mexicans-160516-892.html
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Teachers, under threat of loss of certification have been quiet too long.They are now more scared of us than we are of them,
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Yeah… things must have changed since th unites when they got rid of 100,000 tenured teachers like this:
http://www.perdaily.com/2011/01/lausd-et-al-a-national-scandal-of-enormous-proportions-by-susan-lee-schwartz-part-1.html
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Yeah, but the adminimals still hold the power of legal authority over the heads of the teachers. Those adminimals are the mid level “officers” of the Good German GAGA Corps (GGGGC) who only care about their own personal gain and not having any problem putting expediency over justice. It’s the adminimal nature, he/she can’t help it. Don’t expect them to understand the following but I present it for the rest of you all:
“Should we therefore forgo our self-interest? Of course not. But it [self-interest] must be subordinate to justice, not the other way around. . . . To take advantage of a child’s naivete. . . in order to extract from them something [test scores, personal information] that is contrary to their interests, or intentions, without their knowledge [or consent of parents] or through coercion [state mandated testing], is always and everywhere unjust even if in some places and under certain circumstances it is not illegal. . . . Justice is superior to and more valuable than well-being or efficiency; it cannot be sacrificed to them, not even for the happiness of the greatest number [quoting Rawls]. To what could justice legitimately be sacrificed, since without justice there would be no legitimacy or illegitimacy? And in the name of what, since without justice even humanity, happiness and love could have no absolute value?. . . Without justice, values would be nothing more than (self) interests or motives; they would cease to be values or would become values without worth.”—Comte-Sponville [my additions]
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You’ve never answered my question, Duane. This very thing has happened to me. I spoke up, and I now am charged by the school and may lose my license to the state.
Am I a GAGA’er or just stupid for having spoken up? The threat is real, dude. I know.
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Threatened out West,
Believe me I know that the threat is real.
I was forced out of one district because I questioned what was being done. And what the principal attempted to do was indeed very ugly (she wanted a subordinate to file sexual harassment charges against me for using the term “mental masturbation”. Fortunately, that subordinate had the courage to stand up to that principal who not much later became the supe of the district). I left before she could complete her evil deed (which I saw happen to others in the building). I didn’t want to give her the pleasure of being an . . . (won’t say here but I reserve the term solely for her).
And I retired early after last year because it was going to be a nightmare year as I would have refused to do the nonsense they were instituting. They knew I could blow their plans apart as I had already let them know I wasn’t doing it. I believe the stress from all the insubordination letters and disciplinary meetings would have literally killed me. I chose to stay alive and fight the bullshit in different ways. So it’s all very, very real to me.
To answer your question: Neither, you’ve chosen to stand up for what is right, and unfortunately many times standing up for what’s right is punished by the powers that be. I hope that when it is said and done you still hold your head up high knowing you did what was right and that the future will bring good things your way. Things do have a way of working out in the end if we allow ourselves to see to it that they do.
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All I’ve ever wanted to do was teach, and I may lose that on trumped-up charges because the principal doesn’t like me for speaking out. I don’t know if I can hold my head up high when what I love to do is taken from me. I may not ever be able to teach again–they may take my license. And everyone else sits silently by.
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And I have decades before I can retire. I’m glad you could get out. I have a family to support.
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Threatened Out West –
I’m really sorry about your situation. I don’t know what I’d have done if I had lost my right to teach, when my kids were young and money was tight. Real people have been hurt with this stuff, and it’s wrong.
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Threatened Out West –
I am so sorry. I know of several teachers in the state who are being forcibly silenced, including one who is packing up her family this summer & heading out of state.
I was in a situation in my old district where I spoke up against our new superintendent after I discovered that his buddies he had hired were getting paid for work they weren’t doing. I had a year of harassment, constant last minute discipline meetings, secret letters being placed in my file, ludicrous write ups for things like the “tone” of my voice in meetings, etc. However, because I am in Washington State, I had an awesome union president and kick ass union lawyer defending me every step of the way. The supe was “released” from his 3 year contract, and my file was cleaned out of every single disciplinary action he had put in there. Had I been in UT or AZ or many other states, I never would have spoken out, knowing I would have very little protection from the repercussions of telling the (unpleasant) truth.
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Occam’s Razor, the simplest explanation is usually the correct one. That being, secret tests are sucky tests.
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Exactly – when you are embarassed at the low quality and poorly written questions on your test, you want to keep it a secret.
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Well, they certainly don’t want people to figure out how inappropriate the tests are. Otherwise, tax payers might begin to question why they are paying so much to these companies for bad, invalid tests.
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You’re being way too nice TC.
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When PARCC tries to hide that the tests don’t do what they claim, they are defrauding the public.
But as Richard Nixon learned the hard way, it’s actually not the crime but the coverup that gets you.
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They pulled down my tweet and sent me a long ugly email detailing my transgressions fo retweeting..
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Maybe it’s time to boycott Twitter.
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The are just a secondary platform. I really care. If they are that easily bullied then that is their problem.
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Did you tell them to FO? (isn’t that a twitter way of speaking?)
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No….. silent treatment…..no response.
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First Pearson uses a webcrawler service, then sics human spies on detractors. Firms like TRAXX and Careon do the initial search for KEY WORDS, then drones finish the dirty work of investigation and threats. They have minions assigned to read this right now. This degree of censorship hasn’t been seen since the Nixon era. Hello! Have you no shame defiling the First Amendment?
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No, they have no shame. 😦
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This is much worse than Nixon because Nixon was not controlling the media, which basically forced him to resign.
The surveillance and censorship that is now occurring is much closer to what the former Soviet Union and East German Stasi did — with a major difference: it is now being done by and for corporations like Pearson rather than simply by the government.
It is aided and abetted by mainstream media like Twitter and Facebook, who are basically working for Pearson when they censor truths about Pearson from teachers but allow falshoods from Pearson. Twitter and Facebook officials are little more than prostitutes.
This is the face of fascism.
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Aww! I envy all of you who got notices. I tried, I really tried! I retweeted Diane’s and Peter’s blog posts, did one for Oyler’s and still nothin’!
I want street cred like you all have now.
Man!
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Thanks, Rockhound, for jumping in
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I was very excited to get some tweets pulled from @foolforcps. I haven’t stopped tweeting the offending material, however. Rockhound, if they found me, they’ll find you. Keep trying!
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Try and try again.
Got it!
I’ll try posting links to Gadfly’s blog…that might do it.
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I got pulled down! 👊🏻#SoProud
As to surveilling social media, take a look:
http://littlesis.org/news/2016/05/18/you-are-being-followed-the-business-of-social-media-surveillance/
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I’m famous! 3 times over!
I was talking to a librarian about all this & she saw the ridiculousness of it all. She had me email her a couple of links that she posted for her fellow librarians and many of them started to post them to FB & tweet them too. When you’ve lost the librarians, PARCC…..
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Diane wrote: “There is a legal question about fair use: Under copyright law, it is legal to quote from copyright material if the quotation is short and relevant to public discussion. Whether this is applicable to standardized tests has not been determined.”
Actually, the issue involving standardized tests *has* been addressed in the courts, and it involves the “Fair Use” doctrine of copyright law. This doctrine strikes a balance between public policy concerns and the test maker’s concerns. Of course, any alleged violation of the copyright law must necessarily involve reprinting actual copyrighted material — not independent thoughts and opinions of people who saw the tests. A court of law will be tasked with weighing the amount and substantiality of the portion used and it’s affect on the test makers market (meaning, test maker’s profit) with public policy and purpose for the use of the copyrighted material. http://brandlaw.org/2010/01/copyrighted-standardized-tests-is-there-a-fair-use/
A thought: when the questions are released, whose pocketbook is it hurting? For example: do States pay into PARCC, and then PARCC pays Pearson to develop test questions? What happens after the kids take the PARCC tests? I’ve seen in the Questar/NYS contract that Questar can use PARCC/Pearson questions in the NYS tests. So… after the PARCC tests are over, does PARCC/Pearson sell those same questions to other states/companies? If so, then isn’t PARCC/Pearson double-dipping and reaping a double profit???? If so, where is the harm? Or, does PARCC or Pearson intend to reuse those questions within the PARCC consortium? (If so, does that mean kids are not taking exactly the same tests throughout the testing consortium?) And, if so, then who is being harmed? PARCC or Pearson, or the state that has to pay for new questions? Finally, WHO ACTUALLY OWNS THE QUESTIONS???? I thought I saw in one of the NYS testing contracts that NYS owns its questions…. What do the PARCC contracts say about ownership of the questions? Who is the correct entity to claim a copyright violation?
Lots of questions about how this all works.
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