Sort of like 10,000 monkeys at 10,000 typewriters writing Shakespeare. Except its millions of students at millions of keyboards. 17 million students in high school and 17 million college students in 2003. That may be some sort of maximum extrema, but clearly there are millions if not tens of millions of each.
Lest not also forget unlike our monkey case that it also isn't just random key slaps and large partitions are writing about similar subjects thus they are in similar frames of critical thought considering similar things. Not just mmmm yummy banana!
How many Lord of the Flies essays do you think have ever been written or an analysis of Hamlet and Laertes as foils? How many of them would have to be written before every possible word combination for phrasing has been exhausted?
I have to imagine if every high school or college student has to write an essay on a similar topic it is a statistical inevitability that some phrase or perhaps even a full sentence or multiples of combinations thereof some where (beyond the citations) ends up being identical or significantly similar. Even more likely and perhaps even frequent when years of compounding occur and yes in the real long term it becomes possible that even two papers are completely identical like the OP mentions.
There are likely to be nuance changes in the overall tone in these papers which makes them unique and original works, but if TurnItIn has its way anyone whose ever had an overlapping sentence in "a statistically significant way" MUST have cheated even when given they didn't. Its insane!
And I don't think its fair use. If I download every journal article I better have damn well paid for them or I've infringed on copyrights. Whether I do something with them to profit or not.
If these clowns want to keep student's hard earned works then those students deserve to be compensated, because these clowns are making a profit on their hard work. And their analysis is clearly a derivative work never mind the fact they store things verbatim in their databases. Its theft on the highest order and the students have no choice, but to submit, because their teacher told them to. Maybe the college students (I know for a fact this service has been used at in the University of Iowa's Biology Department) have some effective recourse, but high school students? Really? How can they enter a contract to release their works if they aren't even adults?!?! The court was wrong to down play this part since the website uses it it must be in their common interpretation of the applicable law that release is a necessary component to use.
How high is the incidence of plagiarism and should we care? There has to be a better method that enables whatever necessary enforcement there "needs to be" versus the fact that if I didn't cheat then my paper is an original work that I created and you don't have a right to profit off of my work.
It is apparently not okay to ripoff record labels and the "hard working" musicians, but millions of high school and college students yeah fuck those kids its easy and right to make money off of their hard work!