A Certification/Training Company Stole Scott M. Graffius' Copyrighted Property and Used It Word-For-Word: This Scandal is a Big "Dumpster Fire"
Including supporting information, this article is organized into nine sections:
- Introduction
- Overview of Graffius' Copyrighted 'Phases of Team Development' Property
- CertiProf Violated of Graffius' Intellectual Property Rights — CertiProf Infringed on Graffius' Copyright
- Conclusion
- About Scott M. Graffius
- About Copyright and Other IP Rights
- References/Sources
- Attributions and Other Notes
- How to Cite This Article
Introduction
It's important to be optimistic and focus on a bright future. However, we must also take a stand against those who commit evil acts, such as the violation of intellectual property rights. Copyright infringement, in particular, is a deplorable act of intellectual theft that displays a blatant disregard for professionalism, morality, ethics, and the law. It undermines the hard work and innovation of others and is a shameful, unprofessional, dishonest, immoral, unethical, and illegal practice. Those who engage in copyright infringement should be identified and held accountable for their actions. Taking a stand against those who commit evil acts helps ensure that justice is served and that others are protected from harm.
IP rights are so important that IP theft is a federal crime.
Scott M. Graffius maintains, enforces, and protects his copyrights and other IP rights. When others infringe on Graffius’ IP rights, situations generally fall into one of two categories:
- IP owner Graffius notifies the offending party of their infringement and the required remediation, and the matter is resolved; or
- IP owner Graffius notifies the offending party of their infringement and the required remediation, and the offending party’s action or inaction necessitates that qualified attorney and/or a U.S. agency is engaged, and the matter is resolved.
Most situations fall under category 1. However, some offending parties seem determined to make an already bad situation worst; they fall under category 2.
This article covers the news that certification/training company CertiProf violated Scott M. Graffius’ intellectual property rights by misusing his ‘Phases of Team Development’ copyrighted 2018 property.
- CertiProf did not request nor receive permission to use Graffius’ IP.
- CertiProf used effectively all of Graffius’ respective IP.
- CertiProf used Graffius’ IP word-for-word.
- CertiProf used Graffius’ IP commercially — in its certification/training program, for its own financial benefit.
- CertiProf did not quote or attribute the work to Graffius, thereby falsely leading readers to believe that it was the author and owner of Graffius’ IP.
For those reasons, CertiProf violated Graffius’ IP rights. Specifically, CertiProf infringed on Graffius’ copyright; CertiProf’s use was not ‘fair use’ — not even close!
Copyright infringement is a deplorable act of intellectual theft, displaying a flagrant disregard for professionalism, morality, ethics, and the law. It undermines the hard work and innovation of others and is a disgraceful, unprofessional, dishonest, immoral, unethical, and illegal practice.
Ensuring the integrity of intellectual property is paramount. Graffius is resolute in protecting and enforcing his copyrights and other IP rights.
This article presents facts — including visuals and additional evidence — and a critical analysis of this serious category 2 situation. It also covers the serious, multiple cases against CertiProf.
Overview of Graffius' Copyrighted 'Phases of Team Development' Property
Informed by the research of Bruce W. Tuckman, Ph.D. and Mary Ann C. Jensen, over 100 subsequent studies, and Scott M. Graffius’ first-hand professional experience with, and analysis of, team leadership and performance, Graffius created his ‘Phases of Team Development.’ It’s a unique perspective on the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — and it’s inclusive of the characteristics/features/traits and strategies (based on data, and crafted in ‘plain English’ for optimal clarity and utility) for each phase.
The body of Graffius’ ‘Phases of Team Development’ article has text in typical — not bullet point — format. That content (typical format text from Graffius’ copyrighted article) was infringed upon by CertiProf.
(For reference only, Graffius’ same article includes a visual which incorporates a graph showing how performance varies by phase, as well as the characteristics/features/traits and strategies for each phase. The visual has text in bullet-point format. Again, the body of the article has text in typical — not bullet point — format; that typical format text was infringed upon by CertiProf.)
Graffius’ ‘Phases of Team Development’ IP is registered with the United States Copyright Office.
He initially developed his material in 2008, and he periodically refreshes it. An authorized respective example of his IP (2018 version) is here: https://www.scottgraffius.com/blog/files/Using-Bruce-Tuckmans-Phases-of-Team-Development.html and other locations. It is shown below as well.
The relevant (2018) version of Graffius’ copyrighted ‘Phases of Team Development’ is at the preceding link. He promoted his 2018 work via LinkedIn at https://www.linkedin.com/posts/scottgraffius_team-teamdevelopment-teamdynamics-activity-6567890493282361345-vrWP/ and other social media platforms.
(For reference only, the most current [2024] edition of Graffius' ‘Phases of Team Development’ is here: https://www.scottgraffius.com/blog/files/teams-2024.html.)
Here’s a macro/wide view of Graffius' copyrighted 2018 'Phases of Team Development.'
Here’s a zoomed-in view of Graffius' copyrighted 2018 'Phases of Team Development,' showing the relevant text.
Here’s a zoomed-in view of Graffius' copyrighted 2018 'Phases of Team Development,' showing his copyright statement.
As shown above, Graffius' copyright ownership details are clearly noted. Specifically: “© Copyright 2018 Scott M. Graffius. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of Scott M. Graffius.”
Conference organizers, businesses, professional organizations, government agencies, and universities around the world engage Graffius to deliver compelling talks and workshops. To date, he’s presented sessions at 91 conferences and other events across 25 countries, including Armenia, Australia, Brazil, Canada, Czech Republic, Finland, France, Germany, Greece, Hong Kong, Hungary, India, Ireland, Lithuania, Luxembourg, Nepal, Netherlands, New Zealand, Norway, Romania, Sweden, Switzerland, United Arab Emirates, United Kingdom, and the United States. His ‘Phases of Team Development’ IP is central and key to many of those sessions. His rate card and a listing of his engagements are at https://scottgraffius.com/resources/Exceptional-PPM-and-PMO-Solutions-Rate-Card-for-2023-2024-v23110907.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, many organizations have featured and used his ‘Phases of Team Development’ IP. Select examples include:
- Adobe,
- American Management Association,
- Amsterdam Public Health Research Institute,
- Bayer,
- Boston University,
- Cisco,
- Deimos Aerospace,
- DevOps Institute,
- Ford Motor Company,
- GitHub,
- Hasso Plattner Institute Germany,
- IEEE,
- Life Sciences Trainers & Educators Network (LTEN),
- London South Bank University,
- Microsoft,
- New Zealand Government,
- Torrens University Australia,
- UC San Diego,
- TBS Switzerland,
- UK Sports Institute,
- University of Galway Ireland,
- University of Waterloo Canada,
- U.S. Army,
- U.S. National Park Service,
- U.S. Tennis Association,
- Verizon,
- Virginia Tech,
- Yale University,
- and many others.
CertiProf Violated Graffius' Intellectual Property Rights — CertiProf Infringed on Graffius' Copyright
CertiProf’s website at https://certiprof.com/pages/about-us asserts that: “Through deep partnerships and a steadfast dedication to listening to our community, CertiProf has been enhancing professional lives since 2015.” And CertiProf reports at https://certiprof.com/ that it has “Strategic Alliances” with four organizations: IT Certification Council (ITCC), Agile Alliance, American National Standards Institute (ANSI), and Credly by Pearson.
CertiProf shows at https://certiprof.com/blogs/news/certiprof-launches-agile-leader-certification-to-help-develop-agile-leadership-skills that “CertiProf launches Agile Leader certification to help develop agile leadership skills” on May 22, 2023. CertiProf indicates at https://certiprof.com/collections/agile/products/agile-leader-professional-certification-alpc that the Agile Leader training/certification product costs $150.00 and that it includes “Student Material in PDF Format.”
CertiProf did not request nor receive permission to use Graffius’ IP. Nevertheless, CertiProf included Graffius' 2018 IP in its 2023 respective student material for Agile Leader. And CertiProf used effectively all of Graffius’ respective IP. And CertiProf used Graffius’ IP word-for-word. And CertiProf used Graffius’ IP commercially — in its certification/training program, for its own financial benefit. And CertiProf did not quote or attribute the work to Graffius, thereby falsely leading readers to believe that it was the author and owner of Graffius’ IP. For those reasons, CertiProf violated Graffius’ IP rights. Specifically, CertiProf infringed on Graffius’ copyright; CertiProf’s use was not ‘fair use.’
Evidence is archived and shown below. (Also see the 'Attributions and Other Notes' section. It's located towards the end of the article.)
For reference, here’s the cover image to CertiProf’s infringing 2023 publication.
Here’s page 63 of CertiProf’s infringing 2023 publication.
Here’s a zoomed-in view of page 63 of CertiProf’s infringing 2023 publication.
Here’s a view showing Graffius’ copyrighted 2018 content on Forming, and CertiProf’s 2023 infringement of Graffius’ copyrighted content on Forming.
Here’s a view showing Graffius’ copyrighted 2018 content on Storming, and CertiProf’s 2023 infringement of Graffius’ copyrighted content on Storming.
Here’s a view showing Graffius’ copyrighted 2018 content on Norming, and CertiProf’s 2023 infringement of Graffius’ copyrighted content on Norming.
Here’s a view showing Graffius’ 2018 copyrighted content on Performing, and CertiProf’s 2023 infringement of Graffius’ copyrighted content on Performing.
Here’s a view showing Graffius’ copyrighted 2018 content on Adjourning, and CertiProf’s 2023 infringement of Graffius’ copyrighted content on Adjourning.
CertiProf’s infringement of Graffius' copyright is also delineated next.
๐ข From Graffius' copyrighted 2018 'Phases of Team Development' IP, here’s his content on the characteristics of Forming:
“Characteristics of Forming include questioning, socializing, displaying eagerness, focusing on group identity and purpose, and sticking to safe topics.”
๐ด This is an example of CertiProf violating the copyright of Graffius' 2018 'Phases of Team Development' IP. CertiProf has the following infringing content on the characteristics of Forming in their 2023 Agile Leader publication:
“Characteristics of Forming include questioning, socializing, displaying eagerness, focusing on group identity and purpose, and sticking to safe topics.”
๐ข From Graffius' copyrighted 2018 'Phases of Team Development' IP, here’s his content on strategies for Forming:
“Strategies for this phase include taking the 'lead,' providing clear expectations and consistent instructions, and quick response times.”
๐ด This is another example of CertiProf violating the copyright of Graffius' 2018 'Phases of Team Development' IP. CertiProf has the following infringing content on strategies for Forming in their 2023 Agile Leader publication:
“Strategies for this phase include taking the 'lead,' providing clear expectations and consistent instructions, and quick response times.”
๐ข From Graffius' copyrighted 2018 'Phases of Team Development' IP, here’s his content on the traits of Storming:
“Traits of Storming include resistance, lack of participation, conflict, competition, high emotions, and moving towards group norms.”
๐ด This is another example of CertiProf violating the copyright of Graffius' 2018 'Phases of Team Development' IP. CertiProf has the following infringing content on the traits of Storming in their 2023 Agile Leader publication:
“Traits of Storming include resistance, lack of participation, conflict, competition, high emotions, and moving towards group norms.”
๐ข From Graffius' copyrighted 2018 'Phases of Team Development' IP, here’s his content on the strategies for Storming:
“Strategies for this stage include normalizing matters and encouraging leadership.”
๐ด This is another example of CertiProf violating the copyright of Graffius' 2018 'Phases of Team Development' IP. CertiProf has the following infringing content on the strategies of Storming in their 2023 Agile Leader publication:
“Strategies for this stage include normalizing matters and encouraging leadership.”
๐ข From Graffius' copyrighted 2018 'Phases of Team Development' IP, here’s his content on the features of Norming:
“Features of Norming include reconciliation, relief, lowered anxiety, members are engaged and supportive, and developing cohesion.”
๐ด This is another example of CertiProf violating the copyright of Graffius' 2018 'Phases of Team Development' IP. CertiProf has the following infringing content on the features of Norming in their 2023 Agile Leader publication:
“Features of Norming include reconciliation, relief, lowered anxiety, members are engaged and supportive, and developing cohesion.”
๐ข From Graffius' copyrighted 2018 'Phases of Team Development' IP, here’s his content on the strategies for Norming:
“Strategies for this phase include recognizing individual and group efforts, providing learning opportunities and feedback, and monitoring the 'energy' of the group.”
๐ด This is another example of CertiProf violating the copyright of Graffius' 2018 'Phases of Team Development' IP. CertiProf has the following infringing content on the strategies for Norming in their 2023 Agile Leader publication:
“Strategies for this phase include recognizing individual and group efforts, providing learning opportunities and feedback, and monitoring the 'energy' of the group.”
๐ข From Graffius' copyrighted 2018 'Phases of Team Development' IP, here’s my content on the characteristics of Performing: content on the characteristics of Performing:
“Characteristics of Performing include demonstrations of interdependence, healthy system, ability to effectively produce as a team, and balance of task and process orientation.”
๐ด This is another example of CertiProf violating the copyright of Graffius' 2018 'Phases of Team Development' IP. CertiProf has the following infringing content on the characteristics of Performing in their 2023 Agile Leader publication:
“Characteristics of Performing include demonstrations of interdependence, healthy system, ability to effectively produce as a team, and balance of task and process orientation.”
๐ข From Graffius' copyrighted 2018 'Phases of Team Development' IP, here’s his content on the strategies for Performing:
“Strategies for this stage include celebrating, 'guide from the side' (minimal intervention), encouraging group decision-making and problem-solving, and providing opportunities to share learning across teams.”
๐ด This is another example of CertiProf violating the copyright of Graffius' 2018 'Phases of Team Development' IP. CertiProf has the following infringing content on the strategies for Performing in their 2023 Agile Leader publication:
“Strategies for this stage include celebrating, 'guide from the side' (minimal intervention), encouraging group decision-making and problem-solving, and providing opportunities to share learning across teams.”
๐ข From Graffius' copyrighted 2018 'Phases of Team Development' IP, here’s his content on the traits of Adjourning:
“Traits of Adjourning include a shift to process orientation, sadness, and recognition of team and individual efforts.”
๐ด This is another example of CertiProf violating the copyright of Graffius' 2018 'Phases of Team Development' IP. CertiProf has the following infringing content on the traits of Adjourning in their 2023 Agile Leader publication:
“Traits of Adjourning include a shift to process orientation, sadness, and recognition of team and individual efforts.”
๐ข From Graffius' copyrighted 2018 'Phases of Team Development' IP, here’s his content on the strategies for Adjourning:
“Strategies for this phase include recognizing change, providing an opportunity for summative team evaluations, and providing an opportunity for acknowledgments.”
๐ด This is another example of CertiProf violating the copyright of Graffius' 2018 'Phases of Team Development' IP. CertiProf has the following infringing content on the strategies for Adjourning in their 2023 Agile Leader publication:
“Strategies for this phase include recognizing change, providing an opportunity for summative team evaluations, and providing an opportunity for acknowledgments.”
The conclusion is next.
Conclusion
Certification/training company CertiProf violated Scott M. Graffius’ intellectual property rights by misusing his ‘Phases of Team Development’ copyrighted property.
- CertiProf did not request nor receive permission to use Graffius’ IP.
- CertiProf used effectively all of Graffius’ respective IP.
- CertiProf used Graffius’ IP word-for-word.
- CertiProf used Graffius’ IP commercially — in its certification/training program, for its own financial benefit.
- CertiProf did not quote or attribute the work to Graffius, thereby falsely leading readers to believe that it was the author and owner of Graffius’ IP.
For the above reasons, CertiProf violated Graffius’ IP rights. Specifically, CertiProf infringed on Graffius’ copyright; CertiProf’s use was not ‘fair use.’
Copyright infringement is a deplorable act of intellectual theft, displaying a flagrant disregard for professionalism, morality, ethics, and the law. It undermines the hard work and innovation of others and is a disgraceful, unprofessional, dishonest, immoral, unethical, and illegal practice.
CertiProf's outrageous infringement has damaged the marketability and value of Graffius' ‘Phases of Team Development’ IP.
Ensuring the integrity of intellectual property is paramount. Graffius is resolute in protecting and enforcing my copyrights and other IP rights.
Graffius will seek, and obtain, the maximum penalties allowed by law. It will include special remedies against CertiProf for “willful infringement.”
Additionally, the U.S. Copyright Office informs that: "In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation."
Furthermore, the National Intellectual Property Rights Coordination Center (IPR Center) recently received details on this case. The IPR Center combats copyright infringement and other intellectual property theft and related crimes through coordinated efforts with domestic and international partners. It operates under the auspices of U.S. Immigration and Customs Enforcement (ICE), which is a component of the Department of Homeland Security (DHS).
These are serious federal cases against CertiProf, involving significant financial and other consequences.
CertiProf might find themselves wishing they had a certification in avoiding legal entanglements.
To learn more, check out the following additional sections to this article:
- About Scott M. Graffius,
- About Copyright and Other Intellectual Property Rights,
- References/Sources,
- Attributions and Other Notes, and
- How to Cite This Article.
About Scott M. Graffius
Scott M. Graffius, PMP, SA, CSP-SM, CSP-PO, CSM, CSPO, ITIL, LSSGB is an agile project management practitioner, consultant, creator, multi-award-winning author, and international public speaker. Founder and CEO of Exceptional PPM and PMO Solutions™ and subsidiary Exceptional Agility™, he has generated over $1.9 billion for Global Fortune 500 businesses and other organizations he has served. Graffius and content from his books, talks, workshops, and more have been featured and used by Microsoft, Oracle, Broadcom, Cisco, Gartner, Project Management Institute, IEEE, National Academy of Sciences, U.S. Department of Energy, U.S. National Park Service, U.S. Tennis Association, Yale University, and others. He delights audiences with dynamic and engaging talks and workshops on agile project management, AI, video game development, strategic alignment, the science of high performance teams, and more. To date, he's presented sessions at 91 conferences and other events across 25 countries. His full bio is available here.
About Copyright and Other Intellectual Property Rights
For copyright/IP infringement cases, it is recommended that you consult a qualified attorney.
Infringement of copyright and other intellectual property (IP) rights is a deplorable act of intellectual theft, displaying a flagrant disregard for professionalism, morality, ethics, and the law. It undermines the hard work and innovation of others and is a disgraceful, unprofessional, dishonest, immoral, unethical, and illegal practice. IP rights are so important that IP theft is a federal crime.
To learn about copyrights, visit the United States Copyright Office’s website at https://www.copyright.gov.
The Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft publication by the Criminal Division of the U.S. Department of Justice is a good resource.
The Intellectual Property Rights (IPR) Center coordinates the U.S. government’s response to intellectual property crimes. Visit their website at https://www.iprcenter.gov to learn more.
See References/Sources — the next section of this article — for additional information.
References/Sources
Select bibliography:
- Agile Alliance (n.d.). Agile Alliance. Available at: https://www.agilealliance.org. [Note: CertiProf reports that it has “Strategic Alliances” with four organizations: IT Certification Council (ITCC), Agile Alliance, American National Standards Institute (ANSI), and Credly by Pearson.]
- American National Standards Institute (ANSI) (n.d.). American National Standards Institute. Available at: https://www.ansi.org. [Note: CertiProf reports that it has “Strategic Alliances” with four organizations: IT Certification Council (ITCC), Agile Alliance, American National Standards Institute (ANSI), and Credly by Pearson.]
- Bartlett, Tom (2021, August 12). The Vaccine Scientist Spreading Vaccine Misinformation. The Atlantic. Available at: https://www.theatlantic.com/science/archive/2021/08/robert-malone-vaccine-inventor-vaccine-skeptic/619734/.
- Blaskovic, Andrew K.; Rusk, John-David; Parker, Victor C.; and Payne, Bryson R. (2022). Cybercrime and Intellectual Property Theft: An Analysis of Modern Digital Forensics. In book: Proceedings of the Future Technologies Conference (FTC) 2022, Volume 2. DOI: 10.1007/978-3-031-18458-1_36.
- CertiProf (n.d.). CertiProf. Available at: https://certiprof.com.
- Credly by Pearson (n.d.). Credly by Pearson. Available at: https://info.credly.com. [Note: CertiProf reports that it has “Strategic Alliances” with four organizations: IT Certification Council (ITCC), Agile Alliance, American National Standards Institute (ANSI), and Credly by Pearson.]
- Dolgin, Elie (2021, September 14). The Tangled History of mRNA Vaccines. Nature. Available at: https://www.nature.com/articles/d41586-021-02483-w.
- Dyer, Jeff; Furr, Nathan; Lefrandt, Chris; and Howell, Taeya (2023, January 17). Innovation Depends on Intellectual Honesty. MIT Sloan Management Review. Available at: https://sloanreview.mit.edu/article/why-innovation-depends-on-intellectual-honesty/.
- Exceptional PPM and PMO Solutions (n.d.). Rate Card for 2023-2024. Available at: https://scottgraffius.com/resources/Exceptional-PPM-and-PMO-Solutions-Rate-Card-for-2023-2024-v23110907.pdf.
- Graffius, Scott M. (2021, January 4). Phases of Team Development (Update for 2021). DOI: 10.13140/RG.2.2.22040.42246.
- Graffius, Scott M. (2021, January 4). Using Bruce Tuckman's Phases of Team Development to Help Your Team Grow and Advance: 2021 Update. Available at: https://www.scottgraffius.com/blog/files/team-21.html.
- Graffius, Scott M. (n.d.). Intellectual Property (IP). Available at: https://www.scottgraffius.com/intellectual-property.html.
- Graffius, Scott M. (n.d.). Public Speaker. Available at: https://scottgraffius.com/publicspeaker.html.
- Hartline, Devlin (2016, September 26). Criminal Copyright Infringement is Crime of "Moral Turpitude." George Mason University Center for Intellectual Property x Innovation Policy. Available at: https://cip2.gmu.edu/2016/09/26/criminal-copyright-infringement-is-crime-of-moral-turpitude/.
- Huppert, Elizabeth; and Levine, Emma (2023, August 31). The Rise of Dishonest Leaders: Causes and Solutions. Academy of Management Perspectives, 37 (3). DOI: 10.5465/amp.2021.0063.
- IT Certification Council (ITCC) (n.d.). IT Certification Council. Available at: https://itcertcouncil.org. [Note: CertiProf reports that it has “Strategic Alliances” with four organizations: IT Certification Council (ITCC), Agile Alliance, American National Standards Institute (ANSI), and Credly by Pearson.]
- Kenton, Will (2022, August 23). What Is a Whistleblower? Protections, Law, Importance, and Example. Available at: https://www.investopedia.com/terms/w/whistleblower.asp.
- McGregor, Jena. (2017, May 15). More CEOs are Getting Forced Out for Ethical Violations. Washington Post. Available at: https://www.washingtonpost.com/news/on-leadership/wp/2017/05/15/more-ceos-are-getting-forced-out-for-ethics-violations/.
- National Intellectual Property Rights Coordination Center (IPR Center) (n.d.). About the Center. Available at: https://www.iprcenter.gov/about.
- Popomaronis, Tom (2020, August 20). These 11 Famously Disgraced CEOs Have Entered the Reputation Hall of Shame. Entrepreneur. Available at: https://www.entrepreneur.com/business-news/these-11-famously-disgraced-ceos-have-entered-the/354739.
- Rivera, Kristin; and Karlsson, Per-Ola (2017, June 6). CEOs Are Getting Fired for Ethical Lapses More Than They Used To. Harvard Business Review. Available at: https://hbr.org/2017/06/ceos-are-getting-fired-for-ethical-lapses-more-than-they-used-to.
- Smith, Isaac H.; Kouchaki, Maryam; and Wareham, Justin (2021, April 14). The Price Leaders Pay for Cutting Ethical Corners. MIT Sloan Management Review. Available at: https://sloanreview.mit.edu/article/the-price-leaders-pay-for-cutting-ethical-corners/.
- Steffen, Thomas (2019, May 24). For CEOs, Integrity Is the Best Policy. Yale School of Management. Available at: https://insights.som.yale.edu/insights/for-ceos-integrity-is-the-best-policy.
- Sterne, Robert; and Chaplick, Trevor (2005, February). Why Directors Must Take Responsibility for Intellectual Property. Intellectual Asset Management Magazine. Available at: https://www.wsgr.com/PDFSearch/IP_RESPONSIBILTY.pdf.
- Stim, Richard (2024). Patent, Copyright & Trademark: An Intellectual Property Desk Reference (18th Edition). Berkeley, California: Nolo.
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- Thomson Reuters (2022, December 16). Copyright Litigation 101. Available at: https://legal.thomsonreuters.com/blog/copyright-litigation-101/.
- United States Copyright Office (USCO) (n.d.). Can I Use Someone Else's Work? Can Someone Else Use Mine? (Excerpt: "In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation.") Available at: https://copyright.gov/help/faq/faq-fairuse.html.
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- United States Department of Justice (DOJ) (2006, September). Prosecuting Intellectual Property Crimes (Third Edition). Computer Crime and Intellectual Property Section, Criminal Division of the United States Department of Justice. Available at: https://www.govinfo.gov/content/pkg/GOVPUB-J31-PURL-gpo24938/pdf/GOVPUB-J31-PURL-gpo24938.pdf.
- United States Department of Justice (DOJ) (n.d.). Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft (Third Edition). Available at: https://www.justice.gov/criminal/criminal-ccips/file/891011/dl.
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Attributions and Other Notes
Certification/training company CertiProf violated Scott M. Graffius’ intellectual property (IP) rights by misusing his ‘Phases of Team Development’ copyrighted 2018 property. CertiProf did not request nor receive permission to use Graffius’ IP, it used effectively all of Graffius’ respective IP, it used Graffius’ IP word-for-word, it used Graffius’ IP commercially (in its certification/training program, for its financial benefit), and it did not quote or attribute the work to Graffius (thereby falsely leading readers to believe that it was the author and owner of Graffius’ IP). For those reasons, CertiProf clearly violated Graffius’ IP rights. Specifically, CertiProf infringed on Graffius’ copyright; CertiProf’s use was not ‘fair use.’
In accordance with the fair use doctrine, thumbnails of two (out of 89) pages from CertiProf’s 2023 Agile Leader Professional Certification (ALPC) document are used with attribution for purposes of news reporting and critical analysis. Those highly limited excerpts are of the cover page and page 63 (on page 63, CertiProf illegally includes Graffius’ 2018 copyrighted property). Those excerpts provide crucial insight into CertiProf’s violation of Graffius’ IP, allowing readers to better understand the context and implications of the copyright infringement. This approach enhances transparency and facilitates informed public discourse.
CertiProf name, marks, and content — except for what they stole from others — are the property of CertiProf LLC.
Scott M. Graffius’ ‘Phases of Team Development’ is copyright © Scott M. Graffius. All rights reserved.
How to Cite This Article
Graffius, Scott M. (2024, June 25). A Certification/Training Company Stole Scott M. Graffius' Copyrighted Property and Used It Word-For-Word: This Scandal is a Big "Dumpster Fire." Available at: https://scottgraffius.com/blog/files/dumpster-fire.html. DOI: 10.13140/RG.2.2.20473.89445.
About Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions
Shifting customer needs are common in today's marketplace. Businesses must be adaptive and responsive to change while delivering an exceptional customer experience to be competitive.
There are a variety of frameworks supporting the development of products and services, and most approaches fall into one of two broad categories: traditional or agile. Traditional practices such as waterfall engage sequential development, while agile involves iterative and incremental deliverables. Organizations are increasingly embracing agile to manage projects, and best meet their business needs of rapid response to change, fast delivery speed, and more.
With clear and easy to follow step-by-step instructions, Scott M. Graffius's award-winning Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions helps the reader:
- Implement and use the most popular agile frameworkโScrum;
- Deliver products in short cycles with rapid adaptation to change, fast time-to-market, and continuous improvement; and
- Support innovation and drive competitive advantage.
Hailed by Literary Titan as “the book highlights the versatility of Scrum beautifully.”
Winner of 17 first place awards.
Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.
- ๐ง๐ท Brazil
- ๐จ๐ฆ Canada
- ๐จ๐ฟ Czech Republic
- ๐ฉ๐ฐ Denmark
- ๐ซ๐ฎ Finland
- ๐ซ๐ท France
- ๐ฉ๐ช Germany
- ๐ฌ๐ท Greece
- ๐ญ๐บ Hungary
- ๐ฎ๐ณ India
- ๐ฎ๐ช Ireland
- ๐ฎ๐ฑ Israel
- ๐ฎ๐น Italy
- ๐ฏ๐ต Japan
- ๐ฑ๐บ Luxembourg
- ๐ฒ๐ฝ Mexico
- ๐ณ๐ฑ Netherlands
- ๐ณ๐ฟ New Zealand
- ๐ณ๐ด Norway
- ๐ช๐ธ Spain
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- ๐จ๐ญ Switzerland
- ๐ฆ๐ช UAE
- ๐ฌ๐ง United Kingdom
- ๐บ๐ธ United States
- ๐ More countries
About Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change
Thriving in today's marketplace frequently depends on making a transformation to become more agile. Those successful in the transition enjoy faster delivery speed and ROI, higher satisfaction, continuous improvement, and additional benefits.
Based on actual events, Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change provides a quick (60-90 minute) read about a successful agile transformation at a multinational entertainment and media company, told from the author's perspective as an agile coach.
The award-winning book by Scott M. Graffius is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.
- ๐ฆ๐บ Australia
- ๐ฆ๐น Austria
- ๐ง๐ท Brazil
- ๐จ๐ฆ Canada
- ๐จ๐ฟ Czech Republic
- ๐ฉ๐ฐ Denmark
- ๐ซ๐ฎ Finland
- ๐ซ๐ท France
- ๐ฉ๐ช Germany
- ๐ฌ๐ท Greece
- ๐ฎ๐ณ India
- ๐ฎ๐ช Ireland
- ๐ฏ๐ต Japan
- ๐ฑ๐บ Luxembourg
- ๐ฒ๐ฝ Mexico
- ๐ณ๐ฑ Netherlands
- ๐ณ๐ฟ New Zealand
- ๐ช๐ธ Spain
- ๐ธ๐ช Sweden
- ๐จ๐ญ Switzerland
- ๐ฆ๐ช United Arab Emirates
- ๐ฌ๐ง United Kingdom
- ๐บ๐ธ United States
- ๐ More countries
The short link for this article is https://bit.ly/evil-cp
© Copyright 2024 Scott M. Graffius. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of Scott M. Graffius.
Robert W. Malone, MD Used Scott M. Graffius’ Copyrighted ‘Phases of Team Development’ in His Book
Including supporting information, this article is organized into 10 sections:
- Introduction
- Overview of Graffius' Copyrighted 'Phases of Team Development' IP
- Malone's Unauthorized, Word-for-Word, Commercial, Significant Amount, and Unattributed Use of Graffius' Copyrighted 'Phases of Team Development' was Not 'Fair Use' and Harmed Graffius' Intellectual Property
- Conclusion
- About Scott M. Graffius
- About Robert W. Malone, MD
- About Book by Robert W. Malone, MD
- About Copyright and Other Intellectual Property Rights
- References/Sources
- How to Cite This Article
Introduction
Intellectual Property (IP) — including copyrights, trademarks, trade secrets, patents, and algorithms — is a strategic asset that provides significant value. IP rights ensure creators can benefit from their hard work, discovery, and innovation. Infringement can damage the marketability and value of the IP.
IP rights are so important that IP theft is a federal crime.
Scott M. Graffius maintains, enforces, and protects his copyrights and other IP rights. When others infringe on Graffius’ IP rights, situations generally fall into one of two categories:
- IP owner Graffius notifies the offending party of their infringement and the required remediation, and the matter is resolved; or
- IP owner Graffius notifies the offending party of their infringement and the required remediation, and the offending party’s action/inaction necessitates that qualified attorney and/or a U.S. agency is engaged, and the matter is resolved.
Most situations fall under category 1. However, some offending parties seem determined to make an already bad situation worst; they fall under category 2.
This article covers the news that Robert W. Malone, MD used Scott M. Graffius’ copyrighted ‘Phases of Team Development’ intellectual property in his book. However:
- Malone did not request nor receive permission to use Graffius’ intellectual property;
- Malone used Graffius’ copyrighted content word-for-word;
- Malone used Graffius’ intellectual property commercially, for Malone’s financial gain;
- Malone used a significant amount of Graffius' copyrighted property; and
- Malone did not quote or provide attribution to Graffius, which wrongly leads readers to believe that Malone is the author and owner of Graffius’ copyrighted property.
For the above reasons, Malone's use of Graffius' IP was not 'fair use' and harmed Graffius' IP.
Ensuring the integrity of intellectual property is paramount. Graffius is resolute in protecting and enforcing his copyrights and other IP rights. Spoiler alert: A U.S. agency is now involved.
This article presents facts — including visuals and additional evidence — and a critical analysis of this serious category 2 situation.
Overview of Graffius' Copyrighted 'Phases of Team Development' IP
Informed by the research of Bruce W. Tuckman, Ph.D. and Mary Ann C. Jensen, over 100 subsequent studies, and Scott M. Graffius' first-hand professional experience with, and analysis of, team leadership and performance, Graffius created his ‘Phases of Team Development’ IP. It’s a unique perspective on the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — and it’s inclusive of the characteristics and strategies for each phase.
Graffius published his 'Phases of Team Development' work as an article, among other mediums. The body of his article has text in typical — not bullet point — format. The typical format text by Graffius was used by Malone.
(For reference only, Graffius' same article includes a visual which incorporates a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase. The visual has text in bullet-point format. Again, the body of the article has text in typical — not bullet point — format; that typical format text by Graffius was used by Malone.)
Graffius' ‘Phases of Team Development’ IP is registered with the United States Copyright Office.
Graffius initially developed his material in 2008, and he periodically refreshes it. In this case, the applicable edition is 2021. An example is here and other locations.
(For reference only, the most current [2024] edition of his 'Phases of Team Development' is here.)
Here’s a macro/wide view of Graffius' respective 2021 IP.
Here’s another macro/wide view of Graffius' respective 2021 IP, showing the main body of the article.
Here’s a zoomed-in view of Graffius' respective 2021 IP, showing the applicable text.
Here’s a zoomed-in view of Graffius' respective 2021 IP, showing his copyright information.
Graffius' copyright ownership details are clearly noted: "© Copyright 2021 Scott M. Graffius. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of Scott M. Graffius."
Graffius presented his 2021 'Phases of Team Development' IP via multiple channels/platforms in 2021. Select examples include:
- Graffius’ blog (January 4, 2021) at: here.
- Graffius’ ResearchGate account (January 4, 2021) at: here.
- Graffius’ Twitter (now called X) account; one of many examples is (January 17, 2021) at: here.
- And some of Graffius’ appearances at conferences and other events; one example is Graffius’ talk at the IEEE’s ‘IEEE Day’ 2021 Event (October 5, 2021), a recording of his session is at: here.
Conference organizers, businesses, professional organizations, government agencies, and universities around the world engage Graffius to deliver compelling talks and workshops. To date, he's presented sessions at 91 conferences and other events across 25 countries, including Armenia, Australia, Brazil, Canada, Czech Republic, Finland, France, Germany, Greece, Hong Kong, Hungary, India, Ireland, Lithuania, Luxembourg, Nepal, Netherlands, New Zealand, Norway, Romania, Sweden, Switzerland, United Arab Emirates, United Kingdom, and the United States. His 'Phases of Team Development' IP is central and key to many of those sessions. Graffius' rate card and a listing of his engagements are here and here, respectively.
With an authorization/license from Graffius, many organizations have featured and used his 'Phases of Team Development' IP. Select examples include Adobe, American Management Association, Amsterdam Public Health Research Institute, Bayer, Boston University, Cisco, Deimos Aerospace, DevOps Institute, Ford Motor Company, Hasso Plattner Institute, IEEE, London South Bank University, Microsoft, New Zealand Government, Torrens University Australia, UC San Diego, TBS Switzerland, UK Sports Institute, University of Galway Ireland, U.S. National Park Service, U.S. Tennis Association, Virginia Tech, Yale University, and many others.
Malone's Unauthorized, Word-for-Word, Commercial, Significant Amount, and Unattributed Use of Graffius' Copyrighted 'Phases of Team Development' was Not 'Fair Use' and Harmed Graffius' Intellectual Property
Robert W. Malone, MD used Scott M. Graffius’ copyrighted ‘Phases of Team Development’ intellectual property in his 2022 book, Lies My Gov’t Told Me: And the Better Future Coming. However:
- Malone did not request nor receive permission to use Graffius’ intellectual property;
- Malone used Graffius’ copyrighted content word-for-word;
- Malone used Graffius’ intellectual property commercially, for Malone’s financial gain;
- Malone used a significant amount of Graffius' copyrighted property; and
- Malone did not quote or provide attribution to Graffius, which wrongly leads readers to believe that Malone is the author and owner of Graffius’ copyrighted property.
For the aforementioned reasons, Malone's use of Graffius' IP was not 'fair use' and harmed Graffius' IP.
Evidence is archived. Visuals and additional information follows.
A side-by-side comparison is below. It shows Graffius' 2021 copyrighted content, on the topic of Forming. It also shows what Malone has in his 2022 book on the same topic: Malone uses Graffius' content word-for-word.
A side-by-side comparison is below. It shows Graffius' 2021 copyrighted content, on the topic of Storming. It also shows what Malone has in his 2022 book on the same topic: Malone uses Graffius' content word-for-word.
A side-by-side comparison is below. It shows Graffius' 2021 copyrighted content, on the topic of Norming. It also shows what Malone has in his 2022 book on the same topic: Malone uses Graffius' content word-for-word.
A side-by-side comparison is below. It shows Graffius' 2021 copyrighted content, on the topic of Performing. It also shows what Malone has in his 2022 book on the same topic: Malone uses Graffius' content word-for-word.
A comparison is also delineated next.
๐ข From Graffius' copyrighted 2021 'Phases of Team Development' IP, his content on Forming includes:
"include displaying eagerness, socializing, generally polite tone, sticking to safe topics, being unclear about how one fits in, and some anxiety and questioning."
๐ด From page 376 of Malone's 2022 book, Forming includes:
"include displaying eagerness, socializing, generally polite tone, sticking to safe topics, being unclear about how one fits in, and some anxiety and questioning."
๐ข From Graffius' copyrighted 2021 'Phases of Team Development' IP, his content on Storming includes:
"resistance, lack of participation, conflict related to differences of feelings and opinions, competition, high emotions, and starting to move towards group norms."
๐ด From page 376 of Malone's 2022 book, Storming includes:
"resistance, lack of participation, conflict related to differences of feelings and opinions, competition, high emotions, and starting to move towards group norms."
๐ข From Graffius' copyrighted 2021 'Phases of Team Development' IP, his content on Norming includes:
"improved sense of purpose and understanding of goals, higher confidence, improved commitment, team members are engaged and supportive, relief—lowered anxiety, and starting to develop cohesion."
๐ด From page 376 of Malone's 2022 book, Norming includes:
"improved sense of purpose and understanding of goals, higher confidence, improved commitment, team members are engaged and supportive, relief—lowered anxiety, and starting to develop cohesion."
๐ข From Graffius' copyrighted 2021 'Phases of Team Development' IP, his content on Performing includes:
"Characteristics of Performing include higher motivation, elevated trust and empathy, individuals typically deferring to the team's needs, effective production, consistent performance, and demonstrations of interdependence and self-management (also referred to as self-organization)."
๐ด From page 376 of Malone's 2022 book, Performing includes:
"Characteristics of Performing include higher motivation, elevated trust and empathy, individuals typically deferring to the team's needs, effective production, consistent performance, and demonstrations of interdependence and self-management (also referred to as self-organization)."
Conclusion
Robert W. Malone, MD used Scott M. Graffius’ copyrighted ‘Phases of Team Development’ intellectual property in his book. However:
- Malone did not request nor receive permission to use Graffius’ intellectual property;
- Malone used Graffius’ copyrighted content word-for-word;
- Malone used Graffius’ intellectual property commercially, for Malone’s financial gain;
- Malone used a significant amount of Graffius' copyrighted property; and
- Malone did not quote or provide attribution to Graffius, which wrongly leads readers to believe that Malone is the author and owner of Graffius’ copyrighted property.
This article presented facts — including visuals and additional evidence — and a critical analysis of this serious category 2 situation where Malone's unauthorized, word-for-word, commercial, significant amount, and unattributed use of Graffius' copyrighted 'Phases of Team Development' was clearly not 'fair use' and harmed Graffius' intellectual property.
When others have done something not to Malone's liking or wrong, he has been known to publicly criticize them for having "no moral compass." Examples are here and here.
Ensuring the integrity of my intellectual property is paramount. I am resolute in protecting and enforcing my copyrights and other IP rights.
The U.S. Copyright Office informs that: "In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation."
The National Intellectual Property Rights Coordination Center (IPR Center) recently received details on this case. The IPR Center combats copyright infringement and other intellectual property theft and related crimes through coordinated efforts with domestic and international partners. It operates under the auspices of U.S. Immigration and Customs Enforcement (ICE), which is a component of the Department of Homeland Security (DHS).
This case is currently open.
About Scott M. Graffius
Scott M. Graffius, PMP, SA, CSP-SM, CSP-PO, CSM, CSPO, ITIL, LSSGB is an agile project management practitioner, consultant, creator, multi-award-winning author, and international public speaker. Founder and CEO of Exceptional PPM and PMO Solutions™ and subsidiary Exceptional Agility™, he has generated over $1.9 billion for Global Fortune 500 businesses and other organizations he has served. Graffius and content from his books, talks, workshops, and more have been featured and used by Microsoft, Oracle, Broadcom, Cisco, Gartner, Project Management Institute, IEEE, National Academy of Sciences, U.S. Department of Energy, U.S. National Park Service, U.S. Tennis Association, Yale University, and others. He delights audiences with dynamic and engaging talks and workshops on agile project management, AI, video game development, strategic alignment, the science of high performance teams, and more. To date, he's presented sessions at 91 conferences and other events across 25 countries. His full bio is available here.
About Robert W. Malone, MD
Robert Wallace Malone is a physician and biochemist. His early work focused on mRNA technology, pharmaceuticals, and drug repurposing research. He's the author of the bestselling book, Lies My Gov't Told Me: And the Better Future Coming. Malone used Scott M. Graffius’ copyrighted ‘Phases of Team Development’ intellectual property in his book. As delineated in this article, the problem is that Malone did not request nor receive permission to use Graffius’ intellectual property, Malone used Graffius’ copyrighted content word-for-word, Malone used Graffius’ intellectual property commercially (in Malone's book, for his financial gain), Malone used a significant amount of Graffius' copyrighted property, and Malone did not quote or provide attribution to Graffius (which wrongly leads readers to believe that Malone is the author and owner of Graffius’ copyrighted property). For those reasons, Malone's use of Graffius' IP was not 'fair use' and harmed Graffius' IP.
About Book by Robert W. Malone, MD
Malone, Robert W. (2022, December). Lies My Gov't Told Me: And the Better Future Coming. ISBN-13: 978-1510773240. New York City, New York: Skyhorse Publishing.
About Copyright and Other Intellectual Property Rights
For copyright/IP infringement cases, it is recommended that you consult a qualified attorney.
Infringement of copyright and other intellectual property (IP) rights is a deplorable act of intellectual theft, displaying a flagrant disregard for professionalism, morality, ethics, and the law. It undermines the hard work and innovation of others and is a disgraceful, unprofessional, dishonest, immoral, unethical, and illegal practice. IP rights are so important that IP theft is a federal crime.
To learn about copyrights, visit the United States Copyright Office’s website at https://www.copyright.gov.
The Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft publication by the Criminal Division of the U.S. Department of Justice is a good resource.
The Intellectual Property Rights (IPR) Center coordinates the U.S. government’s response to intellectual property crimes. Visit their website at https://www.iprcenter.gov to learn more.
See References/Sources — the next section of this article — for additional information.
References/Sources
Select bibliography:
- Bartlett, Tom (2021, August 12). The Vaccine Scientist Spreading Vaccine Misinformation. The Atlantic. Available at: https://www.theatlantic.com/science/archive/2021/08/robert-malone-vaccine-inventor-vaccine-skeptic/619734/.
- Blaskovic, Andrew K.; Rusk, John-David; Parker, Victor C.; and Payne, Bryson R. (2022). Cybercrime and Intellectual Property Theft: An Analysis of Modern Digital Forensics. In book: Proceedings of the Future Technologies Conference (FTC) 2022, Volume 2. DOI: 10.1007/978-3-031-18458-1_36.
- Dolgin, Elie (2021, September 14). The Tangled History of mRNA Vaccines. Nature. Available at: https://www.nature.com/articles/d41586-021-02483-w.
- Dyer, Jeff; Furr, Nathan; Lefrandt, Chris; and Howell, Taeya (2023, January 17). Innovation Depends on Intellectual Honesty. MIT Sloan Management Review. Available at: https://sloanreview.mit.edu/article/why-innovation-depends-on-intellectual-honesty/.
- Exceptional PPM and PMO Solutions (n.d.). Rate Card for 2023-2024. Available at: https://scottgraffius.com/resources/Exceptional-PPM-and-PMO-Solutions-Rate-Card-for-2023-2024-v23110907.pdf.
- Graffius, Scott M. (2021, January 4). Phases of Team Development (Update for 2021). DOI: 10.13140/RG.2.2.22040.42246.
- Graffius, Scott M. (2021, January 4). Using Bruce Tuckman's Phases of Team Development to Help Your Team Grow and Advance: 2021 Update. Available at: https://www.scottgraffius.com/blog/files/team-21.html.
- Graffius, Scott M. (n.d.). Intellectual Property (IP). Available at: https://www.scottgraffius.com/intellectual-property.html.
- Graffius, Scott M. (n.d.). Public Speaker. Available at: https://scottgraffius.com/publicspeaker.html.
- Hartline, Devlin (2016, September 26). Criminal Copyright Infringement is Crime of "Moral Turpitude." George Mason University Center for Intellectual Property x Innovation Policy. Available at: https://cip2.gmu.edu/2016/09/26/criminal-copyright-infringement-is-crime-of-moral-turpitude/.
- Huppert, Elizabeth; and Levine, Emma (2023, August 31). The Rise of Dishonest Leaders: Causes and Solutions. Academy of Management Perspectives, 37 (3). DOI: 10.5465/amp.2021.0063.
- Kenton, Will (2022, August 23). What Is a Whistleblower? Protections, Law, Importance, and Example. Available at: https://www.investopedia.com/terms/w/whistleblower.asp.
- Malone, Robert W. (2023, August 8). Demonic Nihilism. Substack. Available at: https://rwmalonemd.substack.com/p/demonic-nihilism.
- Malone, Robert W. (2023, January 6). Project Veritas has Broken Pfizer's Gain-of-Function Research Program Wide Open. Substack. Available at: https://rwmalonemd.substack.com/p/project-veritas-has-broken-pfizers.
- Malone, Robert W. (2022, December). Lies My Gov't Told Me: And the Better Future Coming. ISBN-13: 978-1510773240. New York City, New York: Skyhorse Publishing.
- McGregor, Jena. (2017, May 15). More CEOs are Getting Forced Out for Ethical Violations. Washington Post. Available at: https://www.washingtonpost.com/news/on-leadership/wp/2017/05/15/more-ceos-are-getting-forced-out-for-ethics-violations/.
- National Intellectual Property Rights Coordination Center (IPR Center) (n.d.). About the Center. Available at: https://www.iprcenter.gov/about.
- Popomaronis, Tom (2020, August 20). These 11 Famously Disgraced CEOs Have Entered the Reputation Hall of Shame. Entrepreneur. Available at: https://www.entrepreneur.com/business-news/these-11-famously-disgraced-ceos-have-entered-the/354739.
- Rivera, Kristin; and Karlsson, Per-Ola (2017, June 6). CEOs Are Getting Fired for Ethical Lapses More Than They Used To. Harvard Business Review. Available at: https://hbr.org/2017/06/ceos-are-getting-fired-for-ethical-lapses-more-than-they-used-to.
- Smith, Isaac H.; Kouchaki, Maryam; and Wareham, Justin (2021, April 14). The Price Leaders Pay for Cutting Ethical Corners. MIT Sloan Management Review. Available at: https://sloanreview.mit.edu/article/the-price-leaders-pay-for-cutting-ethical-corners/.
- Steffen, Thomas (2019, May 24). For CEOs, Integrity Is the Best Policy. Yale School of Management. Available at: https://insights.som.yale.edu/insights/for-ceos-integrity-is-the-best-policy.
- Sterne, Robert; and Chaplick, Trevor (2005, February). Why Directors Must Take Responsibility for Intellectual Property. Intellectual Asset Management Magazine. Available at: https://www.wsgr.com/PDFSearch/IP_RESPONSIBILTY.pdf.
- Stim, Richard (2024). Patent, Copyright & Trademark: An Intellectual Property Desk Reference (18th Edition). Berkeley, California: Nolo.
- Stubben, Stephen; and Welch Kyle (2018, November 14). Whistleblowers Keep Companies Healthy. Harvard Business Review. Available at: https://hbr.org/2018/11/research-whistleblowers-are-a-sign-of-healthy-companies.
- Thomson Reuters (2022, December 16). Copyright Litigation 101. Available at: https://legal.thomsonreuters.com/blog/copyright-litigation-101/.
- United States Copyright Office (USCO) (n.d.). Can I Use Someone Else's Work? Can Someone Else Use Mine? (Excerpt: "In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation.") Available at: https://copyright.gov/help/faq/faq-fairuse.html.
- United States Copyright Office (USCO) (n.d.). Welcome to the U.S. Copyright Office. Available at: https://www.copyright.gov.
- United States Department of Homeland Security (DHS) (n.d.). Intellectual Property Theft and Commercial Fraud. Available at: https://www.dhs.gov/hsi/investigate/intellectual-property-and-commercial-fraud.
- United States Department of Homeland Security (US DHS) (n.d.). Intellectual Property Rights. Available at: https://www.dhs.gov/intellectual-property-rights.
- United States Department of Justice (DOJ) (n.d.). Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft (Third Edition). Available at: https://www.justice.gov/criminal/criminal-ccips/file/891011/dl.
- United States Department of Justice (DOJ), Office of the Inspector General (OIG) (n.d.). Whistleblower Rights and Protections. Available at: https://oig.justice.gov/hotline/whistleblower-protection.
- United States Patent and Trademark Office (USPTO) (2013, July 24). Copyright Policy, Creativity, and Innovation in the Digital Economy. Available at: https://www.uspto.gov/sites/default/files/news/publications/copyrightgreenpaper.pdf.
- Vitasek, Kate (2022, November 29). The Role of Honesty in Success (and Why Cutting Corners is a Bad Idea). Forbes. Available at: https://forbes.com/sites/katevitasek/2022/11/29/the-role-of-honesty-in-success-and-why-cutting-corners-is-a-bad-idea/.
How to Cite This Article
Graffius, Scott M. (2024, June 6). Robert W. Malone, MD Used Scott M. Graffius’ Copyrighted ‘Phases of Team Development’ in His Book: Facts Reveal That Malone Harmed Graffius’ Intellectual Property. Available at: https://scottgraffius.com/blog/files/ip-theft.html. DOI: 10.13140/RG.2.2.22414.57920.
About Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions
Shifting customer needs are common in today's marketplace. Businesses must be adaptive and responsive to change while delivering an exceptional customer experience to be competitive.
There are a variety of frameworks supporting the development of products and services, and most approaches fall into one of two broad categories: traditional or agile. Traditional practices such as waterfall engage sequential development, while agile involves iterative and incremental deliverables. Organizations are increasingly embracing agile to manage projects, and best meet their business needs of rapid response to change, fast delivery speed, and more.
With clear and easy to follow step-by-step instructions, Scott M. Graffius's award-winning Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions helps the reader:
- Implement and use the most popular agile frameworkโScrum;
- Deliver products in short cycles with rapid adaptation to change, fast time-to-market, and continuous improvement; and
- Support innovation and drive competitive advantage.
Hailed by Literary Titan as “the book highlights the versatility of Scrum beautifully.”
Winner of 17 first place awards.
Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.
- ๐ง๐ท Brazil
- ๐จ๐ฆ Canada
- ๐จ๐ฟ Czech Republic
- ๐ฉ๐ฐ Denmark
- ๐ซ๐ฎ Finland
- ๐ซ๐ท France
- ๐ฉ๐ช Germany
- ๐ฌ๐ท Greece
- ๐ญ๐บ Hungary
- ๐ฎ๐ณ India
- ๐ฎ๐ช Ireland
- ๐ฎ๐ฑ Israel
- ๐ฎ๐น Italy
- ๐ฏ๐ต Japan
- ๐ฑ๐บ Luxembourg
- ๐ฒ๐ฝ Mexico
- ๐ณ๐ฑ Netherlands
- ๐ณ๐ฟ New Zealand
- ๐ณ๐ด Norway
- ๐ช๐ธ Spain
- ๐ธ๐ช Sweden
- ๐จ๐ญ Switzerland
- ๐ฆ๐ช UAE
- ๐ฌ๐ง United Kingdom
- ๐บ๐ธ United States
- ๐ More countries
About Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change
Thriving in today's marketplace frequently depends on making a transformation to become more agile. Those successful in the transition enjoy faster delivery speed and ROI, higher satisfaction, continuous improvement, and additional benefits.
Based on actual events, Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change provides a quick (60-90 minute) read about a successful agile transformation at a multinational entertainment and media company, told from the author's perspective as an agile coach.
The award-winning book by Scott M. Graffius is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.
- ๐ฆ๐บ Australia
- ๐ฆ๐น Austria
- ๐ง๐ท Brazil
- ๐จ๐ฆ Canada
- ๐จ๐ฟ Czech Republic
- ๐ฉ๐ฐ Denmark
- ๐ซ๐ฎ Finland
- ๐ซ๐ท France
- ๐ฉ๐ช Germany
- ๐ฌ๐ท Greece
- ๐ฎ๐ณ India
- ๐ฎ๐ช Ireland
- ๐ฏ๐ต Japan
- ๐ฑ๐บ Luxembourg
- ๐ฒ๐ฝ Mexico
- ๐ณ๐ฑ Netherlands
- ๐ณ๐ฟ New Zealand
- ๐ช๐ธ Spain
- ๐ธ๐ช Sweden
- ๐จ๐ญ Switzerland
- ๐ฆ๐ช United Arab Emirates
- ๐ฌ๐ง United Kingdom
- ๐บ๐ธ United States
- ๐ More countries
The short link for this article is https://bit.ly/theft-ip
© Copyright 2024 Scott M. Graffius. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of Scott M. Graffius.
Intellectual Property (IP) Theft is a Federal Crime - Featuring a Real Example of IP Infringement and What the IP Owner Did to Enforce His Rights and Protect His Property
Including supporting information, this article is organized into nine sections:
- Introduction
- Overview of Graffius' Registered Copyright IP
- A Real Example of Intellectual Property Theft and What IP Owner Graffius Did to Enforce His Rights and Protect His Property
- About Scott M. Graffius
- About Luca Schnetzler
- About Pudgy Penguins
- About Copyright and Other Intellectual Property Rights
- References/Sources
- How to Cite This Article
Introduction
Intellectual Property (IP) — including copyrights, trademarks, trade secrets, patents, and algorithms — is a strategic asset that provides significant value. IP rights ensure creators can benefit from their hard work, discovery, and innovation. Infringement can damage the marketability and value of the IP.
IP infringement is disgraceful, dishonorable, unprofessional, immoral, unethical, and illegal. IP rights are so important that IP theft is a federal crime.
Scott M. Graffius maintains, enforces, and protects his copyrights and other IP rights. When others infringe on Graffius’ IP rights, situations generally fall into one of two categories:
- IP owner Graffius notifies the offending party of their infringement and the required remediation, and the matter is resolved; or
- IP owner Graffius notifies the offending party of their infringement and the required remediation, and the offending party’s action/inaction necessitates that qualified attorney and/or the United States government's Intellectual Property Rights (IPR) Center is engaged, and the matter is resolved.
Most situations fall under category 1. However, some offenders seem determined to make an already bad situation worst; they fall under category 2.
This article covers the news of a recent real example of copyright infringement (a category 2 situation) and what the copyright owner did to protect and enforce his rights. It presents facts including visual evidence and a critical analysis of the details. And the article underscores the importance of remaining vigilant.
Overview of Graffius' Registered Copyright IP
Informed by the research of Bruce W. Tuckman and Mary Ann C. Jensen, over 100 subsequent studies, and Scott M. Graffius' first-hand professional experience with, and analysis of, team leadership and performance, Graffius created his 'Phases of Team Development' IP. It’s a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning. It’s also inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase. Graffius' IP is registered with the United States Copyright Office (USCO).
Project Managers, Scrum Masters, Agile Coaches, DevOps Leads, and other leaders can apply the information in my ‘Phases of Team Development’ to help handle challenges or issues experienced by teams. By doing so, they’ll advance the teams’ (and their own) happiness, productivity, and success.
Graffius initially developed his material in 2008, and he periodically refresh it. His copyright ownership details, and permission request process, is embedded in and appears on the asset.
The 2021 edition of Scott M. Graffius' 'Phases of Team Development' IP is shown above. Again, it's registered with the United States Copyright Office.
Conference organizers, businesses, professional organizations, government agencies, and universities engage Graffius to deliver unique and compelling talks and workshops. To date, he's presented sessions at 90 conferences and other events across 25 countries, and his 'Phases of Team Development' IP is central and key to many of those sessions. His rate card and a listing of his engagements are at https://scottgraffius.com/resources/Exceptional-PPM-and-PMO-Solutions-Rate-Card-for-2023-2024-v23110907.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, organizations around the world have featured and used his 'Phases of Team Development' IP. Select examples include Adobe, American Management Association, Bayer, Boston University, Cisco, Deimos Aerospace, Ford, Hasso Plattner Institute, IEEE, London South Bank University, Microsoft, New Zealand Government, Torrens University Australia, UC San Diego, U.S. National Park Service, U.S. Tennis Association, Yale University, and many others.
A Real Example of Intellectual Property Theft and What IP Owner Graffius Did to Enforce His Rights and Protect His Property
As clearly shown by the facts presented in this article, this situation involves a case of copyright infringement (not 'fair use').
Luca Schnetzler also known as (AKA) Luca Netz, CEO of Pudgy Penguins, posted content on X on May 3, 2024 at https://x.com/LucaNetz/status/1786418972323168631 which violated Scott M. Graffius' intellectual property (IP) rights.
Note: As delineated later in the article, Luca Schnetzler AKA Luca Netz subsequently deleted his infringing post.
The infringing post on X (https://x.com/LucaNetz/status/1786418972323168631) is shown above.
The post by Luca Schnetzler AKA Luca Netz included only two words ("Performing Era") and an image which infringes upon (inappropriate includes) copyright owner Scott M. Graffius' intellectual property. The image above and other visuals in this article support providing the news and a critical analysis of this recent real example of copyright infringement and enforcement.
A zoomed-in view of the infringing post (https://x.com/LucaNetz/status/1786418972323168631) is shown above.
Copyright owner Scott M. Graffius learned of the infringement of his protected intellectual property on May 11, 2024. That same day, Graffius notified Pudgy Penguins CEO Luca Schnetzler AKA Luca Netz. Because Luca Schnetzler AKA Luca Netz did not respond or take any action on this serious matter, Graffius sent multiple communications over the span of several days. Excerpts from one of those notices follows.
[From Scott M. Graffius to Luca Schnetzler AKA Luca Netz]
Intellectual Property (IP) provides significant value. I maintain, enforce, and protect my copyright and other IP rights.
My 'Phases of Team Development' IP is registered with the United States Copyright Office.
Infringement of my 'Phases of Team Development' IP is shown by Pudgy Penguins CEO Luca Schnetzler (known as "Luca Netz") here: https://x.com/LucaNetz/status/1786418972323168631.
(Changing a word here or there does not work.) The infringer did not request nor receive permission to use my copyrighted 'Phases of Team Development.' Additionally, their use did not provide attribution to me. As such, they're falsely leading others to believe that they're the creator and owner of my IP. More info follows.
—————
Informed by the research of Bruce W. Tuckman and Mary Ann C. Jensen, over 100 subsequent studies, and my first-hand professional experience with, and analysis of, team leadership and performance, I created my copyrighted 'Phases of Team Development.' It’s a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning. It’s also inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.
Project Managers, Scrum Masters, Agile Coaches, DevOps Leads, and other leaders can apply the information in my ‘Phases of Team Development’ to help handle challenges or issues experienced by teams. By doing so, they'll advance the teams' (and their own) happiness, productivity, and success.
I initially developed my material in 2008, and I periodically refresh it. I’m honored that businesses, scientists, journalists, professional associations, government agencies, universities, and others around the world have featured my 'Phases of Team Development' IP. Select examples include Adobe, American Management Association, Boston University, Cisco, Ford, Hasso Plattner Institute, IEEE, London South Bank University, Microsoft, Torrens University Australia, UC San Diego, U.S. National Park Service, U.S. Tennis Association, Yale University, and many others.
—————
Infringement of my registered copyright is shown by Pudgy Penguins (@PudgyPenguins) CEO Luca Schnetzler (known as "Luca Netz" - @LucaNetz) here: https://x.com/LucaNetz/status/1786418972323168631.
(Changing a word here or there does not work.) The infringer did not request nor receive permission to use my copyrighted 'Phases of Team Development.' Additionally, their use did not provide attribution to me. As such, they're falsely leading others to believe that they're the creator and owner of my IP. Some of the MANY examples follow.
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Forming includes:
"Displaying eagerness"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Forming includes:
"Displaying eagerness"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Forming includes:
"Generally polite tone"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Forming includes:
"Generally polite"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Forming includes:
"Sticking to safe topics"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Forming includes:
"Sticking to safe topics"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Forming includes:
"Unclear about how one fits in"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Forming includes:
"Unclear about how one fits in"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Forming includes:
"Some anxiety & questioning"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Forming includes:
"Some anxiety & questioning"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"'Taking the 'lead'"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"'Taking the 'lead'"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"Being highly visible"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"Being highly visible"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"Facilitating introductions"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"Facilitating introductions"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"Providing the 'big picture'"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"Providing the big picture"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"Establishing clear expectations"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"Establishing clear expectations"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"Communicating success criteria"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"Communicating success criteria"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Performing includes:
"High motivation, trust & empathy"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Performing includes:
"High motivation, trust & empathy"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Performing includes:
"Individuals defer to team needs"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Performing includes:
"Individuals defer to team needs"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Performing includes:
"Improved commitment"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Performing includes:
"Improved commitment"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Adjourning includes:
"Shift to process orientation"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Adjourning includes:
"Shift to process orientation"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Adjourning includes:
"Sadness"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Adjourning includes:
"Sadness"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Adjourning includes:
"Recognition of team & individual efforts"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Adjourning includes:
"Recognition of team and individual efforts"
๐ข From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Adjourning includes:
"Disbanding"
๐ด From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Adjourning includes:
"Disbanding"
The preceding are just some of the MANY examples. The infringer is violating my intellectual property (IP) rights.
—————
To wrap up, infringement of my registered copyright is shown by Pudgy Penguins (@PudgyPenguins) CEO Luca Schnetzler (known as "Luca Netz" - @LucaNetz) here: https://x.com/LucaNetz/status/1786418972323168631.
(Changing a word here or there does not work.) The infringer did not request nor receive permission to use my copyrighted 'Phases of Team Development.' Additionally, their use did not provide attribution to me. As such, they're falsely leading others to believe that they're the creator and owner of my IP.
Copyright infringement is dishonorable, disgraceful, unprofessional, immoral, unethical, and illegal.
The infringement has damaged the marketability and value of my 'Phases of Team Development' IP.
The preceding were excerpts from one of the communications where copyright owner Scott M. Graffius notified Pudgy Penguins CEO Luca Schnetzler AKA Luca Netz of the infringement.
If the infringement was somehow inadvertent, an expected appropriate reaction would be to be embarrassed, to apologize for the violation, and to work to resolve the matter. So, what exactly did Luca Schnetzler AKA Luca Netz do after being notified about this serious matter on May 11, 2024? Initially, he did nothing. After several days — after several communications were presented to him — he finally acted. On May 16, 2024, Luca Schnetzler AKA Luca Netz deleted his infringing post and he blocked copyright owner Graffius (the person whose rights were infringed upon, the same person who reported the matter to Luca Schnetzler AKA Luca Netz).
X’s ‘that post has been deleted’ message is shown above.
X's 'You're blocked' message is shown above.
Among multiple concerns, the infringing post by Luca Schnetzler AKA Luca Netz violated Scott M. Graffius' copyright and it damaged the marketability and value of Graffius' intellectual property.
Rather than apologizing and working to amicably resolve the serious situation, Luca Schnetzler AKA Luca Netz blocked Graffius (the person whose IP rights were infringed upon, the same person who reported the matter to Luca Schnetzler AKA Luca Netz).
Graffius found the behaviour of Luca Schnetzler AKA Luca Netz to be bizarre, unbecoming, and unseemly. The actions of Luca Schnetzler AKA Luca Netz radiated bad vibes, raised more red flags, and made the bad situation worst.
This case — a category 2 — is currently open.
About Scott M. Graffius
Scott M. Graffius, PMP, SA, CSP-SM, CSP-PO, CSM, CSPO, ITIL, LSSGB is an agile project management practitioner, consultant, creator, multi-award-winning author, and international public speaker. Founder and CEO of Exceptional PPM and PMO Solutions™ and subsidiary Exceptional Agility™, he has generated over $1.9 billion for Global Fortune 500 businesses and other organizations he has served. Graffius and content from his books, talks, workshops, and more have been featured and used by Microsoft, Oracle, Broadcom, Cisco, Gartner, Project Management Institute, IEEE, National Academy of Sciences, U.S. Department of Energy, U.S. National Park Service, U.S. Tennis Association, Yale University, and others. He delights audiences with dynamic and engaging talks and workshops on agile project management, AI, video game development, strategic alignment, the science of high performance teams, and more. To date, he's presented sessions at 90 conferences and other events across 25 countries.
His full bio is available here.
About Luca Schnetzler
Luca Schnetzler (also known as Luca Netz) is the Chief Executive Officer of Pudgy Penguins.
About Pudgy Penguins
LSLTTT Holdings, Inc. is doing business as (DBA) "Pudgy Penguins" — a non-fungible token (NFT) collection that also doubles as a web3 intellectual property (IP) company. Based on information from CrunchBase and other sources, Pudgy Penguins' investors include 1kx, Adam Winnick, Big Brain Holdings, Bobby Ong, CRIT Ventures, co-founders of LayerZero Labs (Ryan Zarick and Bryan Pellegrino), Kasey Kasey, Kronos Research, Old Fashion Research, Peter Yuan Pan, and MetaVision International. There may be additional investors.
About Copyright and Other Intellectual Property Rights
For copyright/IP infringement cases, it is recommended that you consult a qualified attorney.
Intellectual Property (IP) is a strategic asset that provides significant value. IP infringement is disgraceful, dishonorable, unprofessional, immoral, unethical, and illegal. IP rights are so important that IP theft is a federal crime.
The U.S. Copyright Office informs that "In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation."
Visit the website of the U.S. Copyright Office at https://www.copyright.gov to learn more about copyrights.
The Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft publication by the Criminal Division of the U.S. Department of Justice is a good resource.
The Intellectual Property Rights (IPR) Center coordinates the U.S. government’s response to intellectual property crimes. Visit their website at https://www.iprcenter.gov to learn more.
See References/Sources — the next section of this article — for additional information.
References/Sources
Select bibliography:
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- Blaskovic, Andrew K.; Rusk, John-David; Parker, Victor C.; and Payne, Bryson R. (2022). Cybercrime and Intellectual Property Theft: An Analysis of Modern Digital Forensics. In book: Proceedings of the Future Technologies Conference (FTC) 2022, Volume 2. DOI: 10.1007/978-3-031-18458-1_36.
- CrunchBase (n.d.). Seed Round – Pudgy Penguins. Available at: https://www.crunchbase.com/funding_round/pudgy-penguins-seed--09980d4f.
- Dyer, Jeff; Furr, Nathan; Lefrandt, Chris; and Howell, Taeya (2023, January 17). Innovation Depends on Intellectual Honesty. MIT Sloan Management Review. Available at: https://sloanreview.mit.edu/article/why-innovation-depends-on-intellectual-honesty/.
- Graffius, Scott M. (2021, January 4). Phases of Team Development (Update for 2021). DOI: 10.13140/RG.2.2.22040.42246.
- Graffius, Scott M. (2021, January 4). Using Bruce Tuckman's Phases of Team Development to Help Your Team Grow and Advance: 2021 Update. Available at: https://www.scottgraffius.com/blog/files/team-21.html.
- Graffius, Scott M. (n.d.). Intellectual Property (IP). Available at: https://www.scottgraffius.com/intellectual-property.html.
- Hartline, Devlin (2016, September 26). Criminal Copyright Infringement is Crime of "Moral Turpitude." George Mason University Center for Intellectual Property x Innovation Policy. Available at: https://cip2.gmu.edu/2016/09/26/criminal-copyright-infringement-is-crime-of-moral-turpitude/.
- Huppert, Elizabeth; and Levine, Emma (2023, August 31). The Rise of Dishonest Leaders: Causes and Solutions. Academy of Management Perspectives, 37 (3). DOI: 10.5465/amp.2021.0063.
- Kenton, Will (2022, August 23). What Is a Whistleblower? Protections, Law, Importance, and Example. Available at: https://www.investopedia.com/terms/w/whistleblower.asp.
- McGregor, Jena. (2017, May 15). More CEOs are Getting Forced Out for Ethical Violations. Washington Post. Available at: https://www.washingtonpost.com/news/on-leadership/wp/2017/05/15/more-ceos-are-getting-forced-out-for-ethics-violations/.
- National Intellectual Property Rights Coordination Center (IPR Center) (n.d.). About the Center. Available at: https://www.iprcenter.gov/about.
- Popomaronis, Tom (2020, August 20). These 11 Famously Disgraced CEOs Have Entered the Reputation Hall of Shame. Entrepreneur. Available at: https://www.entrepreneur.com/business-news/these-11-famously-disgraced-ceos-have-entered-the/354739.
- Pudgy Penguins (n.d.). Available at: https://pudgypenguins.com.
- Rivera, Kristin; and Karlsson, Per-Ola (2017, June 6). CEOs Are Getting Fired for Ethical Lapses More Than They Used To. Harvard Business Review. Available at: https://hbr.org/2017/06/ceos-are-getting-fired-for-ethical-lapses-more-than-they-used-to.
- Sahadi, Jeanne (2019, May 2). When Good Executives Go Bad. CNN Business. Available at: https://www.cnn.com/2019/05/02/success/executives-behaving-badly/index.html.
- Schnetzler, Luca (2024, May 3). On May 3, 2024, @LucaNetz (Pudgy Penguins CEO Luca Schnetzler AKA Luca Netz) posted https://x.com/LucaNetz/status/1786418972323168631 on X (formerly known as Twitter). Content in that post infringed on the registered copyright of Scott M. Graffius. On May 16, 2024, Luca Schnetzler AKA Luca Netz deleted his post.
- Smith, Isaac H.; Kouchaki, Maryam; and Wareham, Justin (2021, April 14). The Price Leaders Pay for Cutting Ethical Corners. MIT Sloan Management Review. Available at: https://sloanreview.mit.edu/article/the-price-leaders-pay-for-cutting-ethical-corners/.
- Steffen, Thomas (2019, May 24). For CEOs, Integrity Is the Best Policy. Yale School of Management. Available at: https://insights.som.yale.edu/insights/for-ceos-integrity-is-the-best-policy.
- Sterne, Robert; and Chaplick, Trevor (2005, February). Why Directors Must Take Responsibility for Intellectual Property. Intellectual Asset Management Magazine. Available at: https://www.wsgr.com/PDFSearch/IP_RESPONSIBILTY.pdf.
- Stim, Richard (2024). Patent, Copyright & Trademark: An Intellectual Property Desk Reference (18th Edition). Berkeley, California: Nolo.
- Stubben, Stephen; and Welch Kyle (2018, November 14). Whistleblowers Keep Companies Healthy. Harvard Business Review. Available at: https://hbr.org/2018/11/research-whistleblowers-are-a-sign-of-healthy-companies.
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- United States Department of Homeland Security (DHS) (n.d.). Intellectual Property Theft and Commercial Fraud. Available at: https://www.dhs.gov/hsi/investigate/intellectual-property-and-commercial-fraud.
- United States Department of Homeland Security (US DHS) (n.d.). Intellectual Property Rights. Available at: https://www.dhs.gov/intellectual-property-rights.
- United States Department of Justice (DOJ) (n.d.). Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft (Third Edition). Available at: https://www.justice.gov/criminal/criminal-ccips/file/891011/dl.
- United States Department of Justice (DOJ), Office of the Inspector General (OIG) (n.d.). Whistleblower Rights and Protections. Available at: https://oig.justice.gov/hotline/whistleblower-protection.
- United States Patent and Trademark Office (USPTO) (2013, July 24). Copyright Policy, Creativity, and Innovation in the Digital Economy. Available at: https://www.uspto.gov/sites/default/files/news/publications/copyrightgreenpaper.pdf.
- Vitasek, Kate (2022, November 29). The Role of Honesty in Success (and Why Cutting Corners is a Bad Idea). Forbes. Available at: https://forbes.com/sites/katevitasek/2022/11/29/the-role-of-honesty-in-success-and-why-cutting-corners-is-a-bad-idea/.
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How to Cite This Article
Graffius, Scott M. (2024, May 16). Intellectual Property (IP) Theft is a Federal Crime - Featuring a Real Example of IP Infringement and What the IP Owner Did to Enforce His Rights and Protect His Property. Available at: https://scottgraffius.com/blog/files/ip-rights.html. DOI: 10.13140/RG.2.2.24657.54887.
About Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions
Shifting customer needs are common in today's marketplace. Businesses must be adaptive and responsive to change while delivering an exceptional customer experience to be competitive.
There are a variety of frameworks supporting the development of products and services, and most approaches fall into one of two broad categories: traditional or agile. Traditional practices such as waterfall engage sequential development, while agile involves iterative and incremental deliverables. Organizations are increasingly embracing agile to manage projects, and best meet their business needs of rapid response to change, fast delivery speed, and more.
With clear and easy to follow step-by-step instructions, Scott M. Graffius's award-winning Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions helps the reader:
- Implement and use the most popular agile frameworkโScrum;
- Deliver products in short cycles with rapid adaptation to change, fast time-to-market, and continuous improvement; and
- Support innovation and drive competitive advantage.
Hailed by Literary Titan as “the book highlights the versatility of Scrum beautifully.”
Winner of 17 first place awards.
Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.
- ๐ง๐ท Brazil
- ๐จ๐ฆ Canada
- ๐จ๐ฟ Czech Republic
- ๐ฉ๐ฐ Denmark
- ๐ซ๐ฎ Finland
- ๐ซ๐ท France
- ๐ฉ๐ช Germany
- ๐ฌ๐ท Greece
- ๐ญ๐บ Hungary
- ๐ฎ๐ณ India
- ๐ฎ๐ช Ireland
- ๐ฎ๐ฑ Israel
- ๐ฎ๐น Italy
- ๐ฏ๐ต Japan
- ๐ฑ๐บ Luxembourg
- ๐ฒ๐ฝ Mexico
- ๐ณ๐ฑ Netherlands
- ๐ณ๐ฟ New Zealand
- ๐ณ๐ด Norway
- ๐ช๐ธ Spain
- ๐ธ๐ช Sweden
- ๐จ๐ญ Switzerland
- ๐ฆ๐ช UAE
- ๐ฌ๐ง United Kingdom
- ๐บ๐ธ United States
- ๐ More countries
About Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change
Thriving in today's marketplace frequently depends on making a transformation to become more agile. Those successful in the transition enjoy faster delivery speed and ROI, higher satisfaction, continuous improvement, and additional benefits.
Based on actual events, Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change provides a quick (60-90 minute) read about a successful agile transformation at a multinational entertainment and media company, told from the author's perspective as an agile coach.
The award-winning book by Scott M. Graffius is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.
- ๐ฆ๐บ Australia
- ๐ฆ๐น Austria
- ๐ง๐ท Brazil
- ๐จ๐ฆ Canada
- ๐จ๐ฟ Czech Republic
- ๐ฉ๐ฐ Denmark
- ๐ซ๐ฎ Finland
- ๐ซ๐ท France
- ๐ฉ๐ช Germany
- ๐ฌ๐ท Greece
- ๐ฎ๐ณ India
- ๐ฎ๐ช Ireland
- ๐ฏ๐ต Japan
- ๐ฑ๐บ Luxembourg
- ๐ฒ๐ฝ Mexico
- ๐ณ๐ฑ Netherlands
- ๐ณ๐ฟ New Zealand
- ๐ช๐ธ Spain
- ๐ธ๐ช Sweden
- ๐จ๐ญ Switzerland
- ๐ฆ๐ช United Arab Emirates
- ๐ฌ๐ง United Kingdom
- ๐บ๐ธ United States
- ๐ More countries
The short link for this article is https://bit.ly/ip-2024
DOI: 10.13140/RG.2.2.24657.54887. DOI link: https://dx.doi.org//10.13140/RG.2.2.24657.54887.
© Copyright 2024 Scott M. Graffius. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of Scott M. Graffius.
Radio Silence from the American Association of Neurological Surgeons on Report of Blatant Plagiarism in Their ‘Journal of Neurosurgery’ Publication
Introduction
Plagiarism, defined as ‘to steal and pass off (the ideas or words of another) as one’s own: use (another's production) without crediting the source’ (source: Merriam-Webster), damages trust, credibility, and the value of original content. The theft of intellectual property distorts the scholarly record and results in misinformation. It often violates copyright as well.
Publications must respond decisively to plagiarism reports by swiftly acknowledging complaints, conducting thorough investigations, and taking appropriate actions such as retractions.
Quiz Question
The visual at the top of this article depicts a quiz related to a real situation. Here's the question:
You discovered blatant plagiarism in a Journal of Neurosurgery publication of the American Association of Neurological Surgeons. You reported it—with detailed specifics and indisputable evidence—to the authors, the editors, and the publisher. What should happen next (within five business days)?
๐ A. The publisher or one or more of the authors or editors replies with, “Thank you for alerting us about the violation; we’re looking into it.”
๐ B. The publisher or one or more of the authors or editors challenges you to a duel to defend their honor.
๐ C. Neither the publisher nor any of the authors or editors responds. Radio silence.
Quiz Answer
The question is about what should happen. For that reason, the correct answer about what should happen is: 'A. The publisher or one or more of the authors or editors replies with, "Thank you for alerting us about the violation; we're looking into it."
When publications receive a report of plagiarism, they should promptly acknowledge receipt of the report by responding within no longer than five business days. This action demonstrates transparency, professionalism, and a commitment to maintaining the integrity of the academic record. Conversely, not expeditiously acknowledging receipt of the report conveys a lack of transparency, a lack of professionalism, and a lack of commitment to integrity.
Radio Silence by the Publisher, the Editors, and the Authors
It would be nice if the quiz above was just a hypothetical/thought experiment. Unfortunately, it's related to the real situation where Scott M. Graffius discovered blatant plagiarism in a Journal of Neurosurgery publication of the American Association of Neurological Surgeons and notified the authors, the editors, and the publisher of the violation on 24 September 2024.
As mentioned earlier, publishers should promptly acknowledge receipt of plagiarism reports by responding within no longer than five business days. As of the date of this article (8 October 2024), 10 business days (14 calendar days) have elapsed since the violation was reported. And the publisher, the editors, and the authors maintain radio silence.
Plagiarism is bad. By not acknowledging receipt of the report, the publisher, the editors, and the authors made the bad situation worst. And the publisher (JNS Publishing Group / American Association of Neurological Surgeons) has not yet taken action such as retraction or removal of the infringing material.
It is imperative that the publisher demonstrate—through their actions—a commitment to upholding the highest standards of ethics and intellectual property rights. The publisher must take immediate and decisive action such as retracting or removing the infringing content. Otherwise, the publisher is knowingly endorsing, permitting or otherwise allowing ongoing misinformation and the perpetual violation of Graffius' intellectual property.
Details follow. If there's an update on this consequential matter after this article is published, the information will appear in the Post-Publication Notes section.
Details on the Plagiarism
On 24 September 2024, Scott M. Graffius observed plagiarism in a Journal of Neurosurgery (JNS) publication of the American Association of Neurological Surgeons. That same day, Graffius wrote to the publisher, the editors, and the authors of the violating material. His email was titled, 'JNS paper plagiarized and damaged the marketability and value of Scott M. Graffius’ copyrighted property.' It contained detailed specifics and indisputable evidence. Saved as a PDF, Graffius' email is 19 pages.
As a high-level overview, thumbnails of the 19-page email are shown below. Then, select 'readable' excerpts are provided.
Excerpts from Graffius' 19-page email follow. They're shown in italic font.
Here's an excerpt from the introduction section of Graffius' email.
Authors of a Journal of Neurosurgery (JNS) paper plagiarized Graffius’ copyrighted ‘Phases of Team Development’ property, constituting a profound and disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights. Here are the specifics on the publication.
- Publication: Journal of Neurosurgery
- Publisher: JNS Publishing Group, American Association of Neurological Surgeons
- Paper: Developing interdisciplinary research teams in neurosurgery: key elements to success in brachial plexus and peripheral nerve surgery
- Authors: Whitney E. Muhlestein, MD; Kate W. C. Chang, MA, MS; Denise Justice, OTRL, Sarah Johnson, MS, OTRL; Shawn Brown; and Miriana Popadich, MSN, NP-C
- Publication Date: 12 May 2023
- Volume/Issue: Volume 139: Issue 6
- Page Range: 1552-1559
- DOI link: https://doi.org/10.3171/2023.4.JNS222254
Here's an excerpt from the section of the email with background information.
Informed by the research of Bruce W. Tuckman, Ph.D. and Mary Ann C. Jensen, over 100 subsequent studies, and Scott M. Graffius’ first-hand professional experience with, and analysis of, team leadership and performance, Graffius created his ‘Phases of Team Development.’ It’s a unique perspective on the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — and it’s inclusive of the characteristics/features/traits and strategies for each phase.
Graffius’ ‘Phases of Team Development’ intellectual property is registered with the United States Copyright Office.
The integrated text from Graffius’ copyrighted property applies in this case.
Graffius initially developed his intellectual property in 2008, and he periodically refreshes it. An authorized example of his copyrighted property applicable in this case (2022 edition) is here: https://www.scottgraffius.com/blog/files/teams- 2022.html .
Here's more from the section of the email with background information.
Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: “Copyright © 2008-2022 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.”
Additionally, his respective article includes this: “To request permission to use the 'Phases of Team Development' visual, contact Scott M. Graffius. If approved, high resolution JPG and PNG image files will be provided, subject to terms and conditions.”
And also this: “© Copyright 2022 Scott M. Graffius. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of Scott M. Graffius.”
Conference organizers, businesses, professional associations, government agencies, and universities around the world engage Graffius to deliver compelling talks and workshops. To date, he’s presented sessions at 91 conferences and other events across 25 countries, including:
- Armenia,
- Australia,
- Brazil,
- Canada,
- Czech Republic,
- Finland,
- France,
- Germany,
- Greece,
- Hong Kong,
- Hungary,
- India,
- Ireland,
- Lithuania,
- Luxembourg,
- Nepal,
- Netherlands,
- New Zealand,
- Norway,
- Romania,
- Sweden,
- Switzerland,
- United Arab Emirates,
- United Kingdom,
- and the United States.
Graffius’ ‘Phases of Team Development’ intellectual property is central and key to many of those sessions. His rate card and a listing of his engagements are at https://scottgraffius.com/resources/Exceptional-PPM-and-PMO-Solutions- Rate-Card-for-2024-2025-v24071607.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, many organizations around the world have featured and used his copyrighted ‘Phases of Team Development’ work. Select examples include:
- Adobe,
- American Management Association,
- Amsterdam Public Health Research Institute,
- Boston University,
- Broadcom,
- Cisco,
- Deimos Aerospace,
- DevOps Institute,
- Erste Group Bank AG (Austria),
- FINAT,
- Ford Motor Company,
- FSU College of Medicine,
- Hasso Plattner Institute (Germany),
- IEEE,
- Johns Hopkins University,
- LeadingEng,
- London South Bank University,
- Manufacturers Alliance,
- Microsoft,
- New Zealand Government,
- Oracle,
- Royal Australasian College of Physicians,
- TBS Switzerland,
- Torrens University (Australia),
- Tufts University,
- U.S. National Park Service,
- U.S. Tennis Association,
- UC San Diego,
- UK Sports Institute,
- University of Galway (Ireland),
- Victorian Institute of Technology (Australia),
- Virginia Tech,
- Warsaw University,
- Western Sydney University (Australia),
- World Resources Institute,
- Yale University,
- ZHAW Zurich University of Applied Sciences,
- and many others.
The following excerpts are from the section of the email detailing the violation.
Again, Graffius’ copyright ownership details and permission request information are clearly noted.
Authors (Whitney E. Muhlestein, MD; Kate W. C. Chang, MA, MS; Denise Justice, OTRL, Sarah Johnson, MS, OTRL; Shawn Brown; and Miriana Popadich, MSN, NP-C) of the JNS paper ('Developing interdisciplinary research teams in neurosurgery: key elements to success in brachial plexus and peripheral nerve surgery') did not request nor receive permission to use Graffius’ copyrighted property.
Nevertheless, the authors used Graffius’ copyrighted property in their JNS article: they plagiarized Graffius’ work, damaging the marketability and value of his intellectual property.
The following excerpts from the email provide some side-by-side examples of Graffius' copyrighted property and the plagiarism in the JNS publication.
- Content from Scott M. Graffius 2022 copyrighted property: “High motivation, trust, and empathy”
- Content from 2023 JNS article, plagiarizing Graffius’ work: “High motivation, trust, and empathy”
- Content from Scott M. Graffius 2022 copyrighted property: “Individuals defer to team needs”
- Content from 2023 JNS article, plagiarizing Graffius’ work: “Individuals defer to team needs”
- Content from Scott M. Graffius 2022 copyrighted property: “Effectively producing deliverables”
- Content from 2023 JNS article, plagiarizing Graffius’ work: “Effectively producing deliverables”
- Content from Scott M. Graffius 2022 copyrighted property: “Consistent performance”
- Content from 2023 JNS article, plagiarizing Graffius’ work: “Consistent performance”
- Content from Scott M. Graffius 2022 copyrighted property: “Demonstrations of interdependence”
- Content from 2023 JNS article, plagiarizing Graffius’ work: “Demonstrations of interdependence”
- Content from Scott M. Graffius 2022 copyrighted property: “Purpose and goals are well-understood”
- Content from 2023 JNS article, plagiarizing Graffius’ work: “Purpose and goals are well-understood”
- Content from Scott M. Graffius 2022 copyrighted property: “More confident”
- Content from 2023 JNS article, plagiarizing Graffius’ work: “More confidence”
- Content from Scott M. Graffius 2022 copyrighted property: “Members are engaged and supportive”
- Content from 2023 JNS article, plagiarizing Graffius’ work: “Members are engaged and supportive”
The exhibit below also shows some examples of the blatant plagiarism.
The following excerpts are from the conclusion section of Graffius' email.
Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: “Copyright © 2008-2022 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.” Additionally, his article includes this: “To request permission to use the 'Phases of Team Development' visual, contact Scott M. Graffius. If approved, high resolution JPG and PNG image files will be provided, subject to terms and conditions.” And also this: “© Copyright 2022 Scott M. Graffius. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of Scott M. Graffius.”
Authors (Whitney E. Muhlestein, MD; Kate W. C. Chang, MA, MS; Denise Justice, OTRL, Sarah Johnson, MS, OTRL; Shawn Brown; and Miriana Popadich, MSN, NP-C) of the JNS paper (Developing interdisciplinary research teams in neurosurgery: key elements to success in brachial plexus and peripheral nerve surgery) did not request nor receive permission to use Graffius’ copyrighted property.
The authors of the JNS paper used Graffius’ copyrighted property, including plagiarizing it. The JNS paper did not attribute material to Graffius through citation or otherwise. By doing so, the authors are wrongly leading others to falsely believe that they are the author and owner of Graffius’ respective copyrighted content.
The JNS authors’ plagiarism damaged the marketability and value of Graffius’ copyrighted property.
The aforementioned actions of the authors of the JNS paper are a disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights.
The following excerpt is also from the conclusion section of Graffius' email.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights. He is consulting with an IP attorney in Los Angeles. Graffius reserves his rights in this disturbing and consequential matter.
The preceding provided excerpts of key content—not the full transcript—of Graffius' email.
Authors of the Journal of Neurosurgery (JNS) paper blatantly plagiarized Graffius’ copyrighted ‘Phases of Team Development’ property, constituting a profound and disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights.
It is shocking that neither the publisher nor any of the editors or authors have responded to Graffius' report on the violation. By not acknowledging receipt of the plagiarism report, the publisher signals a lack of transparency, a lack of professionalism, and a lack of commitment to integrity.
It is imperative that the publisher, JNS Publishing Group / the American Association of Neurological Surgeons, demonstrate—through their actions—a commitment to upholding the highest standards of ethics and intellectual property rights. The publisher must take immediate and decisive action such as retracting or removing the infringing content. Otherwise, they risk losing their credibility and the trust placed in them by scientific and academic communities.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
About the Journal of Neurosurgery
The Journal of Neurosurgery (JNS) is a monthly peer-reviewed medical journal covering all aspects of neurosurgery. It is published by the American Association of Neurological Surgeons (AANS) and the editor-in-chief is James Rutka. The JNS brands itself as the world’s leading journal on neurosurgery and the official journal of the AANS.
Visit the JNS website to learn more.
Note: Scott M. Graffius included (among others) James Rutka, AANS Editor-in-Chief, on the 24 September 2024 email detailing the plagiarism violation.
About the American Association of Neurological Surgeons
The American Association of Neurological Surgeons (AANS) is dedicated to advancing neurological surgery. The AANS says that through rigorous education, groundbreaking research, robust advocacy, and the advancement of outcomes science, it strives to ensure the highest standards of patient care are met and exceeded. Katie O. Orrico is Chief Executive Officer of the AANS.
Visit the AANS website to learn more.
Note: Scott M. Graffius included (among others) Katie O. Orrico, AANS CEO, on the 24 September 2024 email detailing the plagiarism violation.
About Scott M. Graffius
Scott M. Graffius is a global leader in agile project management, an expert on teamwork tradecraft, an authority on temporal dynamics on social media platforms, a creator, a consultant, a trainer, an award-winning author, and an international public speaker.
He's generated over $1.9 billion of business value in aggregate for Global Fortune 500 businesses and other organizations he's served — as a consultant through Exceptional PPM and PMO Solutions and Exceptional Agility, and as a member of staff at organizations. Businesses and industries range from consumer products to advanced technology (including AI, R&D), e-commerce, music, streaming/OTT video, television, film, video games, financial services, government, and more.
Graffius and content from his books (Agile Scrum and Agile Transformation), talks, workshops, and more have been featured and used by businesses, professional associations, governments, and universities around the world. Examples include Adobe, American Management Association, Amsterdam Public Health Research Institute, Bayer, Boston University, Broadcom, Cisco, Deimos Aerospace, DevOps Institute, EU's European Commission, Ford Motor Company, Hasso Plattner Institute Germany, IEEE, Johns Hopkins University, London South Bank University, Microsoft, National Academy of Sciences, New Zealand Government, Oracle, Project Management Institute, Torrens University Australia, UC San Diego, TBS Switzerland, UK Sports Institute, University of Galway Ireland, U.S. Department of Energy, U.S. National Park Service, U.S. Tennis Association, Virginia Tech, Warsaw University of Technology, Yale University, Zurich University of Applied Sciences, and many others.
He delights audiences around the world with dynamic and engaging talks and workshops. He's presented sessions at 91 conferences and other events across 25 countries. Visit here to learn more and here to ask Scott to speak at your event.
About Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions
Shifting customer needs are common in today's marketplace. Businesses must be adaptive and responsive to change while delivering an exceptional customer experience to be competitive.
There are a variety of frameworks supporting the development of products and services, and most approaches fall into one of two broad categories: traditional or agile. Traditional practices such as waterfall engage sequential development, while agile involves iterative and incremental deliverables. Organizations are increasingly embracing agile to manage projects, and best meet their business needs of rapid response to change, fast delivery speed, and more.
With clear and easy to follow step-by-step instructions, Scott M. Graffius's award-winning Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions helps the reader:
- Implement and use the most popular agile frameworkโScrum;
- Deliver products in short cycles with rapid adaptation to change, fast time-to-market, and continuous improvement; and
- Support innovation and drive competitive advantage.
Hailed by Literary Titan as “the book highlights the versatility of Scrum beautifully.”
Winner of 17 first place awards.
Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.
- ๐ง๐ท Brazil
- ๐จ๐ฆ Canada
- ๐จ๐ฟ Czech Republic
- ๐ฉ๐ฐ Denmark
- ๐ซ๐ฎ Finland
- ๐ซ๐ท France
- ๐ฉ๐ช Germany
- ๐ฌ๐ท Greece
- ๐ญ๐บ Hungary
- ๐ฎ๐ณ India
- ๐ฎ๐ช Ireland
- ๐ฎ๐ฑ Israel
- ๐ฎ๐น Italy
- ๐ฏ๐ต Japan
- ๐ฑ๐บ Luxembourg
- ๐ฒ๐ฝ Mexico
- ๐ณ๐ฑ Netherlands
- ๐ณ๐ฟ New Zealand
- ๐ณ๐ด Norway
- ๐ช๐ธ Spain
- ๐ธ๐ช Sweden
- ๐จ๐ญ Switzerland
- ๐ฆ๐ช UAE
- ๐ฌ๐ง United Kingdom
- ๐บ๐ธ United States
- ๐ More countries
About Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change
Thriving in today's marketplace frequently depends on making a transformation to become more agile. Those successful in the transition enjoy faster delivery speed and ROI, higher satisfaction, continuous improvement, and additional benefits.
Based on actual events, Agile Transformation: A Brief Story of How an Entertainment Company Developed New Capabilities and Unlocked Business Agility to Thrive in an Era of Rapid Change provides a quick (60-90 minute) read about a successful agile transformation at a multinational entertainment and media company, told from the author's perspective as an agile coach.
The award-winning book by Scott M. Graffius is available in paperback and ebook/Kindle in the United States and around the world. Some links by country follow.
- ๐ฆ๐บ Australia
- ๐ฆ๐น Austria
- ๐ง๐ท Brazil
- ๐จ๐ฆ Canada
- ๐จ๐ฟ Czech Republic
- ๐ฉ๐ฐ Denmark
- ๐ซ๐ฎ Finland
- ๐ซ๐ท France
- ๐ฉ๐ช Germany
- ๐ฌ๐ท Greece
- ๐ฎ๐ณ India
- ๐ฎ๐ช Ireland
- ๐ฏ๐ต Japan
- ๐ฑ๐บ Luxembourg
- ๐ฒ๐ฝ Mexico
- ๐ณ๐ฑ Netherlands
- ๐ณ๐ฟ New Zealand
- ๐ช๐ธ Spain
- ๐ธ๐ช Sweden
- ๐จ๐ญ Switzerland
- ๐ฆ๐ช United Arab Emirates
- ๐ฌ๐ง United Kingdom
- ๐บ๐ธ United States
- ๐ More countries
References/Sources
The following is a list of material on publishing standards and procedures. Some cover the reporting and handling of plagiarism.
- Alter, Alexandra (2019, September 22). It’s a Fact: Mistakes are Embarrassing the Publishing Industry. Available at: https://www.nytimes.com/2019/09/22/business/publishing-books-errors.html.
- American Psychological Association (2019, November). Correction Notices. Available at: https://apastyle.apa.org/style-grammar-guidelines/research-publication/correction-notices.
- Association for Computing Machinery (ACM) (2018, November 15). ACM Publications Policy on the Withdrawal, Correction, Retraction, and Removal of Works from ACM Publications and ACM DL. Available at: https://www.acm.org/publications/policies/retraction-policy.
- Cambridge University Press (n.d.). Publishing Ethics. Available at: https://www.cambridge.org/core/journals/flow/information/journal-policies/publishing-ethics.
- Committee on Publication Ethics (COPE) (n.d.). Post-Publication Discussions and Corrections. Available at: https://publicationethics.org/postpublication.
- Elsevier (n.d.). Policy and Best practice: Errata & Corrigenda. Available at: https://www.elsevier.com/editor/perk/policy-and-best-practice-errata-and-corrigenda.
- Emerald Publishing (n.d.). Article Withdrawal & Correction. Available at: https://www.emeraldgrouppublishing.com/publish-with-us/author-policies/article-withdrawal-correction.
- Faust, Jessica (2007, October 3). Typos and Errors After Publication. Available at: https://bookendsliterary.com/typos-and-errors-after-publication.
- Graffius, Scott M. (2024, March 22). The Protocol for Reporting an Error to an Author or Publisher. Available at: https://scottgraffius.com/blog/files/error-reporting.html. DOI: 10.13140/RG.2.2.18830.98883.
- Graffius, Scott M. (2021, November 10). An Error Was Introduced Into the Seventh Edition of 'A Guide to the Project Management Body of Knowledge (PMBOK)'. Available at: https://scottgraffius.com/blog/files/pmbok7.html.
- Idunn (n.d.). Publishing and Research Ethics Policy. Available at: https://www.idunn.no/info/publiseringsetikk.
- IEEE (n.d.). Publishing Ethics: Guidelines and Policies: Post-Publication Policies. Available at: https://books.ieeeauthorcenter.ieee.org/book-publishing-at-ieee/publishing-ethics/guidelines-and-policies/post-publication-policies.
- Institute for Operations Research and the Management Sciences (INFORMS) (n.d.). Guidelines for Ethical Behavior in Publishing. Available at: https://pubsonline.informs.org/page/opre/guidelines-for-ethical-behavior-in-publishing.
- IntechOpen (n.d.). Retraction and Correction Policy. Available at: https://www.intechopen.com/page/retraction-and-correction-policy.
- Marasoviฤ, Tea; Utrobiฤiฤ, Ana; and Maruลiฤ, Ana (2018, March 31). Transparency of Retracting and Replacing Articles. The Lancet, 391 (10127): 1244-1245.
- Nature (n.d.). Editorial and Publishing Policies. Available at: https://www.nature.com/srep/journal-policies/editorial-policies.
- O’Reilly Media (n.d.). Errata for Java in a Nutshell. Available at: https://www.oreilly.com/catalog/errata.csp?isbn=0636920030775.
- Palgrave Macmillan (n.d.). Corrections and Retractions. Available at: https://www.palgrave.com/gp/editorial-policies/corrections-and-retractions.
- Pearson Education / InformIT (n.d.). Contact Us: Submit Errata. Available at: https://www.informit.com/about/contact_us/index.aspx?ContactUs_Topics_Partners_id=9d39709c-c911-4c96-ac2c-2c5a22d68ba9.
- Project Management Institute (PMI) (n.d.). PMI Standards Program Comment Form. Available at: https://www.pmi.org/-/media/pmi/documents/public/pdf/pmbok-standards/pmi-standards-program-comment-form.pdf.
- Project Management Institute (PMI) (n.d.). Standards Errata Sheets. Available at: https://www.pmi.org/pmbok-guide-standards/foundational/pmbok/errata-sheets.
- Public Library of Science (PLOS) (n.d.). Corrections, Expressions of Concern, and Retractions. Available at: https://journals.plos.org/plosone/s/corrections-and-retractions.
- SAE International (n.d.). ARINC Standard – Errata Report Template. Available at: https://wcm14.sae.org/site/binaries/content/assets/itc/content/arinc/errata-form.docx [note: selecting the link will download the file].
- Sage Publications (n.d.). Sage Corrections and Retractions Policy. Available at: https://us.sagepub.com/en-us/nam/sage-corrections-and-retractions-policy.
- Science Publishing Group (n.d.). Ethical Guidelines. Available at: https://www.sciencepublishinggroup.com/information/ethical-guidelines.
- Springer (n.d.). Editorial Policies: Corrections and Retractions. Available at: https://www.springer.com/gp/editorial-policies/corrections-and-retractions.
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How to Cite This Article
Graffius, Scott M. (2024, October 8). Radio Silence from the American Association of Neurological Surgeons on Report of Blatant Plagiarism in Their ‘Journal of Neurosurgery’ Publication. Available at: https://scottgraffius.com/blog/files/aans-jns-publication.html. DOI: 10.13140/RG.2.2.25837.40160
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