Comments by "SmallSpoonBrigade" (@SmallSpoonBrigade) on "Professor Sues Students for Putting Exam Online" video.

That's how that's supposed to be done if you're doing multiple choice. A teacher that's been at it for a while can predict the common mistakes that students will make and provide an answer to match the most common errors.
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There's been an arms race in that respect. There are new methods of cheating due to technology, but technology also makes it easier to avoid having cheats. These days, it's not necessarily that hard for some subjects to have new exams for each student. For others, that means making students explain or defend the answer they got in their own words and possibly bringing them into the office if their scores deviate from the expected.
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@aaronwilson4258 None of the schools I've worked at required me to sign over the work I've done. And I've never heard that from any of the teachers I know either. I have no doubts that some schools do that, but it's hardly the norm everywhere. Same goes for the colleges that I've enrolled in, none of them made me sign over any rights beyond what was required to administer classes. I did have to allow rights to my work to be included in databases of reports for the anti-cheat software, but that wasn't a universal sign over, just for that specific use.
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It's still cheating whether or not the professors should have created new tests. You'll still be flunked on the test at a minimum if caught and possibly expelled from the school at the worst. If you're making use of materials not available to the general student population, you need to tread cautiously, and if it's the actual evaluation materials, you're definitely cheating.
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@MegaLokopo That's always the issue with multiple-guess tests. They are used because they are fast to grade and should not be used independent of other things like projects and homework assignments to figure out whether or not the students know what they need to know. But, for regular quizzes, they're fine.
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@leo.girardi My organic chemistry prof had open notes, open notes, open resources, anything except the internet and other students was fair game. The catch was that if you didn't know your stuff well enough, you'd never finish enough of the test to get a decent grade. I've tutored college students for many years and it's been fascinating thing to watch as the arms race between the teachers and the students has gone on with the teachers needing ever more elaborate tests and measures to keep the cheaters at bay.
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Normally, these materials are created in their spare time, not when they're specifically on the clock. Generally, the time when they're specifically on the clock is when there's students involved or they're required to be at school. During those times, there's usually students or other duties that they need to do. There's also issues associated with what happens to the materials as teachers move from school to school over the course of a career. The school could include terms that they own any new materials included, but that would be rare and difficult to enforce, not to mention expensive. Generally, the materials belong to the educator, but there may be some requirement to get sign off on their use at the school.
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@svenjorgensenn8418 Ah, so a second rate trade school wants that. Given the absolute garbage graduates that they've been producing for decades, it's sad that anybody is willing to go along with such silliness. And I'm being generous, their graduates routinely crash the economy because they have no self-awareness or selfcontrol.
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@KameraShy The term for that is misappropriation, and companies can and do sue over it. I would say that the only time it's safe is if it's public. You might be able to get away with it if there's a specific written release of the materials or contract term that allows it, but that can be rather risky and you might be bankrupt before you get a verdict.
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@svenjorgensenn8418 You can, the main issue with that is that you'd likely need an attorney to know what is and isn't in need of redaction. If you get that wrong, you're still going to be liable, but possibly at a lesser penalty. At which point, you'd be better off just creating something new for the benefit of the public.
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@shaynegadsden Most education jobs don't pay well enough for the educators to be making new materials for every new job. So, most schools don't demand ownership over the materials, at most they might demand rights to use the materials in some fashion and even that's not typical.
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No, it's absolutely not legitimate unless the professor releases the tests for use as study aids. Getting caught with tests that are not for public use is definitely going to result in some explaining to do and possible sanctions. None of the schools, colleges or universities that I've studied at or worked for would accept that as an excuse for cheating. Unless the proff releases the tests for such use, it's cheating. Of course, it's both naive and lazy, but it doesn't make it not cheating and it might make for a little bit of a defense, but these are institutions that are required to prevent cheating in order to maintain accreditation.
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@suedenim9208 That's one way of looking at it, or the other is that the ultimate award, and legal fees, is likely less than the cost of being expelled from school. Especially, if the course was later in with a bunch of money sunk into tuition and fees.
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@svenjorgensenn8418 The defendants allegedly illegally copied and distributed the exams without the right to do so. He may be just looking for the names so that they can be punished by the school, so far as I know, thar's legal. That's just as legitimate as pursuing it for a settlement.
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@johndorian4078 That happens and there are software programs out there that can generate entire exams based on what the professor wants to be on it.
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