Copyright Infringement
A Certification/Training Company Stole Scott M. Graffius' Copyrighted Property and Used It Word-For-Word: This Scandal is a Big "Dumpster Fire"
25 June 2024
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.
🟢 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.”
🔴 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.”
🟢 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.”
🔴 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.”
🟢 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.”
🔴 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.”
🟢 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.”
🔴 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.”
🟢 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.”
🔴 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.”
🟢 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.”
🔴 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.”
🟢 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.”
🔴 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.”
🟢 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.”
🔴 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.”
🟢 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.”
🔴 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.”
🟢 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.”
🔴 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.
- 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.
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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) (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 framework―Scrum;
- 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.
- 🇧🇷 Brazil
- 🇨🇦 Canada
- 🇨🇿 Czech Republic
- 🇩🇰 Denmark
- 🇫🇮 Finland
- 🇫🇷 France
- 🇩🇪 Germany
- 🇬🇷 Greece
- 🇭🇺 Hungary
- 🇮🇳 India
- 🇮🇪 Ireland
- 🇮🇱 Israel
- 🇮🇹 Italy
- 🇯🇵 Japan
- 🇱🇺 Luxembourg
- 🇲🇽 Mexico
- 🇳🇱 Netherlands
- 🇳🇿 New Zealand
- 🇳🇴 Norway
- 🇪🇸 Spain
- 🇸🇪 Sweden
- 🇨🇭 Switzerland
- 🇦🇪 UAE
- 🇬🇧 United Kingdom
- 🇺🇸 United States
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.
- 🇦🇺 Australia
- 🇦🇹 Austria
- 🇧🇷 Brazil
- 🇨🇦 Canada
- 🇨🇿 Czech Republic
- 🇩🇰 Denmark
- 🇫🇮 Finland
- 🇫🇷 France
- 🇩🇪 Germany
- 🇬🇷 Greece
- 🇮🇳 India
- 🇮🇪 Ireland
- 🇯🇵 Japan
- 🇱🇺 Luxembourg
- 🇲🇽 Mexico
- 🇳🇱 Netherlands
- 🇳🇿 New Zealand
- 🇪🇸 Spain
- 🇸🇪 Sweden
- 🇨🇭 Switzerland
- 🇦🇪 United Arab Emirates
- 🇬🇧 United Kingdom
- 🇺🇸 United States
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.
Scott M. Graffius' Intellectual Property Was Utilized by Robert W. Malone, MD
06 June 2024
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.
This article covers the news that Robert W. Malone, MD used 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—in his book;
- Malone used a significant amount of Graffius' copyrighted property; and
- Malone did not cite, reference or otherwise attribute Graffius’ respective IP content to Graffius.
Ensuring the integrity of intellectual property is paramount to Graffius. He 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 consequential matter.
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:
- 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,
- 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,
- UK Sports Institute,
- University of Galway Ireland,
- U.S. National Park Service,
- U.S. Tennis Association,
- Virginia Tech,
- Yale University,
- and many others.
Robert W. Malone's Unauthorized, Word-for-Word, Commercial, Significant Amount, and Unattributed Use of Graffius' Intellectual Property
As already covered, 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."
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—in his book;
- Malone used a significant amount of Graffius' copyrighted property; and
- Malone did not cite, reference or otherwise attribute Graffius’ respective IP content to Graffius.
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.
🟢 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."
🔴 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."
🟢 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."
🔴 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."
🟢 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."
🔴 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."
🟢 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)."
🔴 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)."
The indisputable proof shows that Malone used Graffius' copyrighted property.
Conclusion
Again, 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."
Robert W. Malone, MD used Scott M. Graffius’ copyrighted ‘Phases of Team Development’ intellectual property in his book and:
- 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 his book;
- Malone used a significant amount of Graffius' copyrighted property; and
- Malone did not cite, reference or otherwise attribute Graffius’ respective IP content to Graffius.
What Malone did was alarming and profoundly concerning. When others have done something not to Malone's liking or what he thought was wrong, Malone has been known to publicly criticize and characterize them as having "no moral compass." Examples are here and here.
Ensuring the integrity of intellectual property is paramount to Graffius. He is resolute in protecting and enforcing his copyrights and other IP rights.
This case is currently open.
Read on for additional information, including:
- About Scott M. Graffius;
- About Robert W. Malone;
- About Book by Robert W. Malone;
- About Copyright and Other Intellectual Property Rights;
- References/Sources; 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 Robert W. Malone
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. Malone did not request nor receive permission to use Graffius’ intellectual property (IP). Yet, Malone used Graffius’ IP word-for word; he used it commercially—in his book, for his financial gain; he used a significant amount of it; and he did not cite, reference or otherwise attribute Graffius’ respective IP content to Graffius.
About Book by Robert W. Malone
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 the References/Sources section 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). Scott M. Graffius' Intellectual Property Was Utilized by Robert W. Malone, MD. Available at: https://scottgraffius.com/blog/files/ip-theft.html.
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 framework―Scrum;
- 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.
- 🇧🇷 Brazil
- 🇨🇦 Canada
- 🇨🇿 Czech Republic
- 🇩🇰 Denmark
- 🇫🇮 Finland
- 🇫🇷 France
- 🇩🇪 Germany
- 🇬🇷 Greece
- 🇭🇺 Hungary
- 🇮🇳 India
- 🇮🇪 Ireland
- 🇮🇱 Israel
- 🇮🇹 Italy
- 🇯🇵 Japan
- 🇱🇺 Luxembourg
- 🇲🇽 Mexico
- 🇳🇱 Netherlands
- 🇳🇿 New Zealand
- 🇳🇴 Norway
- 🇪🇸 Spain
- 🇸🇪 Sweden
- 🇨🇭 Switzerland
- 🇦🇪 UAE
- 🇬🇧 United Kingdom
- 🇺🇸 United States
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.
- 🇦🇺 Australia
- 🇦🇹 Austria
- 🇧🇷 Brazil
- 🇨🇦 Canada
- 🇨🇿 Czech Republic
- 🇩🇰 Denmark
- 🇫🇮 Finland
- 🇫🇷 France
- 🇩🇪 Germany
- 🇬🇷 Greece
- 🇮🇳 India
- 🇮🇪 Ireland
- 🇯🇵 Japan
- 🇱🇺 Luxembourg
- 🇲🇽 Mexico
- 🇳🇱 Netherlands
- 🇳🇿 New Zealand
- 🇪🇸 Spain
- 🇸🇪 Sweden
- 🇨🇭 Switzerland
- 🇦🇪 United Arab Emirates
- 🇬🇧 United Kingdom
- 🇺🇸 United States
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.
Pudgy Penguins CEO Luca Netz Used Scott M. Graffius' Intellectual Property
16 May 2024
BY SCOTT M. GRAFFIUS | ScottGraffius.com
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
Scott M. Graffius' Copyrighted 'Phases of Team Development' Copyrighted
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’ as a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.
Graffius' intellectual property (IP) is registered with the United States Copyright Office.
Graffius initially developed his ‘Phases of Team Development’ unique material in 2008, and he periodically refreshes it.
For reference, the visual from the edition applicable to this case (4 January 2021 edition) is shown below [Exhibit 1] and is available at: https://dx.doi.org/10.13140/RG.2.2.22040.42246. The integrated text applies.
As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: "Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com."
Organizations 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:
Graffius ‘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-2024-2025-v24071607.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, his ‘Phases of Team Development’ IP is featured and used by businesses, professional associations, government agencies, and universities around the world. Examples include:
Copyrights protect the intellectual property rights of creators, ensuring they receive recognition and compensation for their work, thus incentivizing creativity and innovation. Graffius is vigilant in upholding, protecting and enforcing his copyrights and other IP rights.
Pudgy Penguins CEO 'Luca Netz' (Luca Schnetzler) Used
Scott M. Graffius’ Intellectual Property Without Permission or Credit
Luca Schnetzler, who goes by 'Luca Netz,' is the CEO of Pudgy Penguins. As shown below and delineated later in this article, Netz posted content on X which used Graffius' copyrighted property. He did not request nor receive permission, and he did not attribute the IP to Graffius. Netz's use violated Graffius' intellectual property rights. Netz posted the infringing material on 3 May 2024 at https://x.com/LucaNetz/status/1786418972323168631.
As shown above, Netz's post included two words and an image. The two words were "Performing Era" and the image included Graffius' IP.
A zoomed-in view of the image is below.
Copyright owner Scott M. Graffius discovered the infringement of his intellectual property on 11 May 2024. That day, Graffius notified Netz about the infringement.
Netz failed to respond on this serious matter. For that reason, Graffius sent follow up communications to Netz on his infringing material. Excerpts follow.
—————
—————
—————
The indisputable proof shows that Netz's material used Graffius' copyrighted property.
Again, Graffius sent follow up communications to Netz on his infringing material.
On May 16, 2024, Netz not only deleted the infringing post but also blocked Graffius, the very individual whose intellectual property was used without permission or attribution. This action seemingly demonstrated a lack of remorse and an attempt to evade accountability for violating Graffius' intellectual property rights. Netz's move was very uncool.
X’s 'that post has been deleted' message is shown below.
X's 'You're blocked' message is shown below.
Conclusion
Graffius' 'Phases of Team Development' is registered with the US Copyright Office.
Pudgy Penguins CEO 'Luca Netz' (Luca Schnetzler) did not request nor receive permission to use Graffius' intellectual property.
Yet, Netz used Graffius' IP and without attribution. Accordingly, Netz's material wrongly led others to falsely believe that Netz is the author and owner of Graffius' respective IP.
Netz's use damaged the marketability and value of Graffius' copyrighted property.
For the aforementioned reasons, Netz's use was not 'fair use' nor otherwise allowed.
After Graffius informed Netz of the violation, Netz eventually deleted his infringing post but also blocked Graffius, the very individual whose intellectual property was used without permission or attribution. Netz's action seemingly demonstrated a lack of remorse and an attempt to evade accountability for violating Graffius' intellectual property rights. Netz's move was very uncool.
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.
Graffius maintains, enforces, and protects his copyright and other IP rights.
If Graffius opts to take legal action against Netz for his violation of Graffius' copyright, the Federal case will include the greater of statutory damages or actual damages, special charges for willful infringement (which has been clarified by the courts to be either "intentional behavior" or merely "reckless behavior"), and additional costs.
Read on see the subsequent section of 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 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 the References/Sources section for additional information.
References/Sources
Select bibliography:
How to Cite This Article
Graffius, Scott M. (2024, May 16). Pudgy Penguins CEO Luca Netz Used Scott M. Graffius' Intellectual Property. Available at: https://scottgraffius.com/blog/files/ip-rights.html.
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:
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.
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.
Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
The initial working title for this article was '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.' It was updated to 'Pudgy Penguins CEO Luca Netz Used Scott M. Graffius' Intellectual Property.'
This serious case is not yet resolved. If Graffius opts to take legal action against Netz for his violation of Graffius' copyright, the Federal case will include the greater of statutory damages or actual damages, special charges for willful infringement (which has been clarified by the courts to be either "intentional behavior" or merely "reckless behavior"), and additional costs.
Any further updates will appear in this section.
Content Acknowledgements
This article used limited excerpts from Netz which demonstrate or are related to the infringement, attributed and used under fair use for news reporting and analysis.
The short link for this article is https://bit.ly/ip-2024
© 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.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
Scott M. Graffius' Copyrighted 'Phases of Team Development' Copyrighted
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’ as a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.
Graffius' intellectual property (IP) is registered with the United States Copyright Office.
Graffius initially developed his ‘Phases of Team Development’ unique material in 2008, and he periodically refreshes it.
For reference, the visual from the edition applicable to this case (4 January 2021 edition) is shown below [Exhibit 1] and is available at: https://dx.doi.org/10.13140/RG.2.2.22040.42246. The integrated text applies.
As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: "Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com."
Organizations 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’ 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-2024-2025-v24071607.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, his ‘Phases of Team Development’ IP is featured and used by businesses, professional associations, government agencies, 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,
- Ford Motor Company,
- Hasso Plattner Institute,
- IEEE,
- Johns Hopkins University,
- LeadingEng,
- London South Bank University,
- Manufacturers Alliance,
- Microsoft,
- New Zealand Government,
- Oracle,
- TBS Switzerland,
- Torrens University Australia,
- U.S. National Park Service,
- U.S. Tennis Association,
- UC San Diego,
- UK Sports Institute,
- University of Galway Ireland,
- Virginia Tech,
- Warsaw University,
- Yale University,
- and many others.
Copyrights protect the intellectual property rights of creators, ensuring they receive recognition and compensation for their work, thus incentivizing creativity and innovation. Graffius is vigilant in upholding, protecting and enforcing his copyrights and other IP rights.
Pudgy Penguins CEO 'Luca Netz' (Luca Schnetzler) Used
Scott M. Graffius’ Intellectual Property Without Permission or Credit
Luca Schnetzler, who goes by 'Luca Netz,' is the CEO of Pudgy Penguins. As shown below and delineated later in this article, Netz posted content on X which used Graffius' copyrighted property. He did not request nor receive permission, and he did not attribute the IP to Graffius. Netz's use violated Graffius' intellectual property rights. Netz posted the infringing material on 3 May 2024 at https://x.com/LucaNetz/status/1786418972323168631.
As shown above, Netz's post included two words and an image. The two words were "Performing Era" and the image included Graffius' IP.
A zoomed-in view of the image is below.
Copyright owner Scott M. Graffius discovered the infringement of his intellectual property on 11 May 2024. That day, Graffius notified Netz about the infringement.
Netz failed to respond on this serious matter. For that reason, Graffius sent follow up communications to Netz on his infringing material. Excerpts follow.
[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.
🟢 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"
🔴 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"
🟢 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"
🔴 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"
🟢 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"
🔴 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"
🟢 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"
🔴 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"
🟢 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"
🔴 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"
🟢 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'"
🔴 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'"
🟢 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"
🔴 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"
🟢 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"
🔴 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"
🟢 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'"
🔴 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"
🟢 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"
🔴 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"
🟢 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"
🔴 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"
🟢 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"
🔴 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"
🟢 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"
🔴 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"
🟢 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"
🔴 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"
🟢 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"
🔴 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"
🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Adjourning includes:
"Sadness"
🔴 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"
🟢 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"
🔴 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"
🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Adjourning includes:
"Disbanding"
🔴 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.
—————
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 indisputable proof shows that Netz's material used Graffius' copyrighted property.
Again, Graffius sent follow up communications to Netz on his infringing material.
On May 16, 2024, Netz not only deleted the infringing post but also blocked Graffius, the very individual whose intellectual property was used without permission or attribution. This action seemingly demonstrated a lack of remorse and an attempt to evade accountability for violating Graffius' intellectual property rights. Netz's move was very uncool.
X’s 'that post has been deleted' message is shown below.
X's 'You're blocked' message is shown below.
Conclusion
Graffius' 'Phases of Team Development' is registered with the US Copyright Office.
Pudgy Penguins CEO 'Luca Netz' (Luca Schnetzler) did not request nor receive permission to use Graffius' intellectual property.
Yet, Netz used Graffius' IP and without attribution. Accordingly, Netz's material wrongly led others to falsely believe that Netz is the author and owner of Graffius' respective IP.
Netz's use damaged the marketability and value of Graffius' copyrighted property.
For the aforementioned reasons, Netz's use was not 'fair use' nor otherwise allowed.
After Graffius informed Netz of the violation, Netz eventually deleted his infringing post but also blocked Graffius, the very individual whose intellectual property was used without permission or attribution. Netz's action seemingly demonstrated a lack of remorse and an attempt to evade accountability for violating Graffius' intellectual property rights. Netz's move was very uncool.
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.
Graffius maintains, enforces, and protects his copyright and other IP rights.
If Graffius opts to take legal action against Netz for his violation of Graffius' copyright, the Federal case will include the greater of statutory damages or actual damages, special charges for willful infringement (which has been clarified by the courts to be either "intentional behavior" or merely "reckless behavior"), and additional costs.
Read on see the subsequent section of this article:
- About Scott M. Graffius,
- About Luca Schnetzler,
- About Pudgy Penguins,
- About Copyright and Other Intellectual Property Rights,
- References/Sources,
- How to Cite This Article,
- and more.
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 the References/Sources section for additional information.
References/Sources
Select bibliography:
- Allyn, Bobby (2019, May 20). Top Reason For CEO Departures Among Largest Companies Is Now Misconduct, Study Finds. NPR. Available at: https://www.npr.org/2019/05/20/725108825/top-reason-for-ceo-departures-among-largest-companies-is-now-misconduct-study-fi.
- 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.
- 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/.
- Willmer, Sabrina; and Weinstein, Austin (2023, April 18). Tech Firms are Using NDAs to Illegally Muzzle Whistleblowers. Fortune. Available at: https://fortune.com/2023/04/18/tech-nda-illegally-muzzle-whistleblowers-sec/.
How to Cite This Article
Graffius, Scott M. (2024, May 16). Pudgy Penguins CEO Luca Netz Used Scott M. Graffius' Intellectual Property. Available at: https://scottgraffius.com/blog/files/ip-rights.html.
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 framework―Scrum;
- 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.
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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.
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Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
The initial working title for this article was '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.' It was updated to 'Pudgy Penguins CEO Luca Netz Used Scott M. Graffius' Intellectual Property.'
This serious case is not yet resolved. If Graffius opts to take legal action against Netz for his violation of Graffius' copyright, the Federal case will include the greater of statutory damages or actual damages, special charges for willful infringement (which has been clarified by the courts to be either "intentional behavior" or merely "reckless behavior"), and additional costs.
Any further updates will appear in this section.
Content Acknowledgements
This article used limited excerpts from Netz which demonstrate or are related to the infringement, attributed and used under fair use for news reporting and analysis.
The short link for this article is https://bit.ly/ip-2024
© 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
08 October 2024
BY SCOTT M. GRAFFIUS | ScottGraffius.com
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
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)?
🔘 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.”
🔘 B. The publisher or one or more of the authors or editors challenges you to a duel to defend their honor.
🔘 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.
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:
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:
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.
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.
Read on to learn:
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:
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.
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.
References/Sources
The following is a list of material on publishing standards and procedures. Some cover the reporting and handling of plagiarism.
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
Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
Update on 11 October 2024
As a recap, Graffius’ 24 September 2024 report provided indisputable proof of plagiarism. Graffius emailed the detailed report to the publisher, the editors, and the authors. However, weeks passed with radio silence. There was not even an acknowledgement of receipt of the report.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights. The publisher’s non-response signaled that they were knowingly endorsing, permitting or otherwise allowing ongoing misinformation and the perpetual violation of Graffius' intellectual property. For those reasons, Graffius expanded communications on this consequential matter. Here's one example (of many).
On 11 October 2024, the publisher sent their first response to Graffius. Here’s an excerpt from the publisher’s email (it appears in italic font, within quotation marks):
“Thank you for your email and your patience as we have looked into this matter. We have concluded our investigation. The author did indeed unintentionally include unattributed references to your work. An erratum and article correction by the author are in process. Once submitted to us, time to publication is usually 2-3 weeks. I would expect this process to be concluded in less than 4 weeks’ time. I will send you a link to the errata and corrected paper for your files once they have been published online.”
Again, the above is an excerpt from—not a full transcript of—the publisher’s email to Graffius.
The publisher used the term “unintentionally.” That term, whether referencing a ridiculous excuse of the plagiarizing authors or otherwise, is counter-indicated by the undeniable facts in this serious matter and should not be used. For that reason, Graffius responded to the publisher’s email the same day. Here’s an excerpt from Graffius’ email (it appears in italic font, within quotation marks):
“Your response warrants a reply. So here it is.
I will not re-state my full 24 September 2024* report of the indisputable facts. But here’s an excerpt:
🟢 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”
My copyright ownership details are integrated into and appear on my copyrighted ‘Phases of Team Development’ property. Specifically, it reads: ‘Copyright © 2008-2022 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.’ Additionally, my corresponding publication includes 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 my copyrighted property.
Plagiarism is 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). It infringes on the intellectual property rights of others, results in misinformation, and often violates copyright.
The authors of the JNS paper used my copyrighted property, including plagiarizing it. Most of their plagiarism was word-for-word use of my intellectual property.
The JNS paper did not attribute material to me through citation or otherwise. By doing so, the authors are wrongly leading others to falsely believe that they are the author and owner of my respective copyrighted content.
So, these author(s)—who have been proven to be plagiarizers—claim the violation was done “unintentionally”? They unintentionally took my copyrighted property and used it (mostly word-for-word) unintentionally, and unintentionally failed to credit me on their respective diagram, and also unintentionally failed to cite me in the references section of the paper? The authors are insulting others with their excuse. “Unintentionally” is a ridiculous and desperate attempt to ‘minimize’ or ‘spin’ their blatant violation. I reject it entirely and so should you.
Wouldn’t it be refreshing to see the proven plagiarizers take a nice turn and demonstrate integrity, sincerity, and remorse?! They could have, and should have, simply said that what they did was wrong. However, by asserting “unintentionally,” the authors are demonstrating an ongoing lack of integrity, sincerity, and remorse. I must say, I’m greatly concerned.
Maybe the authors are procedurally allowed to (falsely) claim whatever they want, including “unintentionally,” in their response to the charges. However, if “unintentionally” (or a similar term) appears in the official record—whether in an erratum, retraction, or other action—it must be noted that “unintentionally” (or a similar term) is the claim of the authors of the JNS paper. It is vital that the that it is made clear that “unintentionally” (or a similar operative term) is not the conclusion or position of others. Here, 'others' includes me. Given the facts and without bias, ‘others’ certainty also includes you, the Journal of Neurosurgery, JNS Publishing Group, the American Association of Neurological Surgeons, and others.
Plagiarism is a profound and disgraceful breach of professional ethics, moral standards, and intellectual property rights. The authors of the JNS paper damaged the marketability and value of my copyrighted property.
I maintain, enforce, and protect my copyright and other intellectual property rights. As mentioned earlier, I am consulting with an IP attorney in Los Angeles. I reserve my rights in this disturbing and consequential matter.
Given the serious nature of this issue, please reply with a short confirmation that you received this communication.”
Again, the above is an excerpt from—not a full transcript of—Graffius’ email to the publisher.
The publisher replied the same day with (it appears in italic font, within quotation marks):
“That word was solely mine, and not a reflection of what will be conveyed. You are correct that it is irrelevant to the discussion. Apologies for the miscommunication. Please be assured we do not take this situation lightly. Acknowledging receipt of your correspondence with this email. I will be back in touch soon.”
Again, the above is an excerpt from—not a full transcript of—the publisher’s email to Graffius.
Any further updates will appear here.
Update on 12 November 2024
On 12 November 2024, Graffius sent a follow up email to the publisher. Here's an excerpt from the message (it appears in italic font, within quotation marks):
"Chief Publications Officer Gillian Shasby,
Until the infringing article is appropriately addressed, it continues to spread misinformation and violate my intellectual property rights.
I provided notification of the infringement on 24 September (which may have appeared a few minutes into the following day). That was 49 days ago.
On 11 October, I was informed that: “... expect this process to be concluded in less than 4 weeks’ time.” That was 32 days (4.6 weeks) ago.
Why hasn’t this been addressed?
Exactly when will it be addressed?
I expressly reserve all rights in this troubling, damaging, and consequential matter.
Sincerely,
Scott M. Graffius"
Any further updates will appear here.
Update on 15 November 2024
Chief Publications Officer Gillian Shasby sent an email to Graffius. The email reported that:
After the changes have been implemented or if there are other updates, the information will be added to this Post-Publication Notes section.
Update on 20 December 2024
This matter was resolved on 20 December 2024.
The publisher published an Erratum.
Graffius published new article.
Copyright
Copyright © Scott M. Graffius. All rights reserved.
Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.
The short link for this article is https://bit.ly/aans-jns
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
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)?
🔘 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.”
🔘 B. The publisher or one or more of the authors or editors challenges you to a duel to defend their honor.
🔘 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.
Read on to learn:
- About the Journal of Neurosurgery,
- About the American Association of Neurological Surgeons,
- About Scott M. Graffius,
- References/Sources,
- How to Cite This Article,
- Post-Publication Notes,
- and more.
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 framework―Scrum;
- 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.
- 🇧🇷 Brazil
- 🇨🇦 Canada
- 🇨🇿 Czech Republic
- 🇩🇰 Denmark
- 🇫🇮 Finland
- 🇫🇷 France
- 🇩🇪 Germany
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- 🇭🇺 Hungary
- 🇮🇳 India
- 🇮🇪 Ireland
- 🇮🇱 Israel
- 🇮🇹 Italy
- 🇯🇵 Japan
- 🇱🇺 Luxembourg
- 🇲🇽 Mexico
- 🇳🇱 Netherlands
- 🇳🇿 New Zealand
- 🇳🇴 Norway
- 🇪🇸 Spain
- 🇸🇪 Sweden
- 🇨🇭 Switzerland
- 🇦🇪 UAE
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- 🇺🇸 United States
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.
- 🇦🇺 Australia
- 🇦🇹 Austria
- 🇧🇷 Brazil
- 🇨🇦 Canada
- 🇨🇿 Czech Republic
- 🇩🇰 Denmark
- 🇫🇮 Finland
- 🇫🇷 France
- 🇩🇪 Germany
- 🇬🇷 Greece
- 🇮🇳 India
- 🇮🇪 Ireland
- 🇯🇵 Japan
- 🇱🇺 Luxembourg
- 🇲🇽 Mexico
- 🇳🇱 Netherlands
- 🇳🇿 New Zealand
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- 🇦🇪 United Arab Emirates
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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.
- Marasović, Tea; Utrobiĉić, Ana; and Maruŝić, 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.
- Taylor & Francis (n.d.). Publishing Ethics for Journal Editors: FAQs. Available at: https://editorresources.taylorandfrancis.com/publishing-ethics-for-editors/publishing-ethics-faqs.
- Ubiquity Press (n.d.). Correction and Retraction Policy. Available at: https://ubiquitypress.com/site/corrections.
- Warner, Brooke (2019, April 26). How to Publish a Perfect Book. Available at: https://www.publishersweekly.com/pw/by-topic/authors/pw-select/article/79902-how-to-publish-a-perfect-book.html.
- Wiley (n.d.). Best Practice Guidelines on Research Integrity and Publishing Ethics. Available at: https://authorservices.wiley.com/ethics-guidelines/index.html.
- Wiley Author Services (n.d.). Wiley's Policy for Handling Retractions, Withdrawals, and Expressions of Concern. Available at: https://authorservices.wiley.com/ethics-guidelines/retractions-and-expressions-of-concern.html.
- World Intellectual Property Organization (WIPO) (n.d.). Managing Intellectual Property in the Book Publishing Industry. Available at: https://www.wipo.int/edocs/pubdocs/en/copyright/868/wipo_pub_868.pdf.
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
Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
Update on 11 October 2024
As a recap, Graffius’ 24 September 2024 report provided indisputable proof of plagiarism. Graffius emailed the detailed report to the publisher, the editors, and the authors. However, weeks passed with radio silence. There was not even an acknowledgement of receipt of the report.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights. The publisher’s non-response signaled that they were knowingly endorsing, permitting or otherwise allowing ongoing misinformation and the perpetual violation of Graffius' intellectual property. For those reasons, Graffius expanded communications on this consequential matter. Here's one example (of many).
On 11 October 2024, the publisher sent their first response to Graffius. Here’s an excerpt from the publisher’s email (it appears in italic font, within quotation marks):
“Thank you for your email and your patience as we have looked into this matter. We have concluded our investigation. The author did indeed unintentionally include unattributed references to your work. An erratum and article correction by the author are in process. Once submitted to us, time to publication is usually 2-3 weeks. I would expect this process to be concluded in less than 4 weeks’ time. I will send you a link to the errata and corrected paper for your files once they have been published online.”
Again, the above is an excerpt from—not a full transcript of—the publisher’s email to Graffius.
The publisher used the term “unintentionally.” That term, whether referencing a ridiculous excuse of the plagiarizing authors or otherwise, is counter-indicated by the undeniable facts in this serious matter and should not be used. For that reason, Graffius responded to the publisher’s email the same day. Here’s an excerpt from Graffius’ email (it appears in italic font, within quotation marks):
“Your response warrants a reply. So here it is.
I will not re-state my full 24 September 2024* report of the indisputable facts. But here’s an excerpt:
🟢 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”
My copyright ownership details are integrated into and appear on my copyrighted ‘Phases of Team Development’ property. Specifically, it reads: ‘Copyright © 2008-2022 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.’ Additionally, my corresponding publication includes 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 my copyrighted property.
Plagiarism is 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). It infringes on the intellectual property rights of others, results in misinformation, and often violates copyright.
The authors of the JNS paper used my copyrighted property, including plagiarizing it. Most of their plagiarism was word-for-word use of my intellectual property.
The JNS paper did not attribute material to me through citation or otherwise. By doing so, the authors are wrongly leading others to falsely believe that they are the author and owner of my respective copyrighted content.
So, these author(s)—who have been proven to be plagiarizers—claim the violation was done “unintentionally”? They unintentionally took my copyrighted property and used it (mostly word-for-word) unintentionally, and unintentionally failed to credit me on their respective diagram, and also unintentionally failed to cite me in the references section of the paper? The authors are insulting others with their excuse. “Unintentionally” is a ridiculous and desperate attempt to ‘minimize’ or ‘spin’ their blatant violation. I reject it entirely and so should you.
Wouldn’t it be refreshing to see the proven plagiarizers take a nice turn and demonstrate integrity, sincerity, and remorse?! They could have, and should have, simply said that what they did was wrong. However, by asserting “unintentionally,” the authors are demonstrating an ongoing lack of integrity, sincerity, and remorse. I must say, I’m greatly concerned.
Maybe the authors are procedurally allowed to (falsely) claim whatever they want, including “unintentionally,” in their response to the charges. However, if “unintentionally” (or a similar term) appears in the official record—whether in an erratum, retraction, or other action—it must be noted that “unintentionally” (or a similar term) is the claim of the authors of the JNS paper. It is vital that the that it is made clear that “unintentionally” (or a similar operative term) is not the conclusion or position of others. Here, 'others' includes me. Given the facts and without bias, ‘others’ certainty also includes you, the Journal of Neurosurgery, JNS Publishing Group, the American Association of Neurological Surgeons, and others.
Plagiarism is a profound and disgraceful breach of professional ethics, moral standards, and intellectual property rights. The authors of the JNS paper damaged the marketability and value of my copyrighted property.
I maintain, enforce, and protect my copyright and other intellectual property rights. As mentioned earlier, I am consulting with an IP attorney in Los Angeles. I reserve my rights in this disturbing and consequential matter.
Given the serious nature of this issue, please reply with a short confirmation that you received this communication.”
Again, the above is an excerpt from—not a full transcript of—Graffius’ email to the publisher.
The publisher replied the same day with (it appears in italic font, within quotation marks):
“That word was solely mine, and not a reflection of what will be conveyed. You are correct that it is irrelevant to the discussion. Apologies for the miscommunication. Please be assured we do not take this situation lightly. Acknowledging receipt of your correspondence with this email. I will be back in touch soon.”
Again, the above is an excerpt from—not a full transcript of—the publisher’s email to Graffius.
Any further updates will appear here.
Update on 12 November 2024
On 12 November 2024, Graffius sent a follow up email to the publisher. Here's an excerpt from the message (it appears in italic font, within quotation marks):
"Chief Publications Officer Gillian Shasby,
Until the infringing article is appropriately addressed, it continues to spread misinformation and violate my intellectual property rights.
I provided notification of the infringement on 24 September (which may have appeared a few minutes into the following day). That was 49 days ago.
On 11 October, I was informed that: “... expect this process to be concluded in less than 4 weeks’ time.” That was 32 days (4.6 weeks) ago.
Why hasn’t this been addressed?
Exactly when will it be addressed?
I expressly reserve all rights in this troubling, damaging, and consequential matter.
Sincerely,
Scott M. Graffius"
Any further updates will appear here.
Update on 15 November 2024
Chief Publications Officer Gillian Shasby sent an email to Graffius. The email reported that:
- The publisher will rectify the current lack of attribution and correct the scientific record by updating the legend to Figure 3 and add Graffius’ work to the References.
- The publisher will publish an Erratum, stating that permission was not received and proper attribution was not given for the use of copyrighted material in Figure 3 of the paper and that permission has now been received and correctly attributed, and will include a link to the corrected paper. The Erratum will be deposited to PubMed and Crossref.
- The publisher will correct the paper and upload it to replace the current version. A note will appear within the corrected paper, informing the reader of the change that has been made and linking to the Erratum. All deposited versions (PubMed, CrossRef) will be replaced with the corrected paper. This process is in accordance with best practices for scientific publication.
After the changes have been implemented or if there are other updates, the information will be added to this Post-Publication Notes section.
Update on 20 December 2024
This matter was resolved on 20 December 2024.
The publisher published an Erratum.
Graffius published new article.
Copyright
Copyright © Scott M. Graffius. All rights reserved.
Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.
The short link for this article is https://bit.ly/aans-jns
TurningWest's 'Trial'
08 October 2024
BY SCOTT M. GRAFFIUS | ScottGraffius.com
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
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)—infringes on the intellectual property rights of others, results in misinformation, and often violates copyright.
Background
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’ as a unique perspective and visual conveying the five phases of team development—Forming, Storming, Norming, Performing, and Adjourning—inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.
Graffius' intellectual property (IP) is registered with the United States Copyright Office.
Graffius initially developed his ‘Phases of Team Development’ unique material in 2008, and he periodically refreshes it.
For reference, the visual applicable to this case (2021 edition) is shown below [Exhibit 1] and is available at: https://dx.doi.org/10.13140/RG.2.2.22040.42246.
As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: “Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.”
Again, this 2021 edition is referenced because it is the one applicable to this case.
Organizations 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:
Graffius ‘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-2024-2025-v24071607.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, his copyrighted ‘Phases of Team Development’ intellectual property is featured and used by businesses, professional associations, government agencies, and universities around the globe. Examples include:
Details on the Plagiarism
Note: All evidence has been preserved.
A whistleblower tip informed Scott M. Graffius that a video is using Graffius’ intellectual property. The video was identified as:
Exhibit 2 is shown below. It provides an overview, including thumbnail images from the the video.
Graffius reviewed TurningWest’s 2024 video and saw numerous examples of material—content on the characteristics and strategies for the phases of team development—plagiarized from Graffius’ 2021 copyrighted ‘Phases of Team Development’ property.
TurningWest did not request nor receive permission to use Graffius’ 2021 copyrighted ‘Phases of Team Development’ property. Yet, TurningWest used it (some with slight rewording such as changing "recognizing" to "recognize" and similar, which remains plagiarism) commercially and without attribution.
Again, plagiarism is 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). TurningWest’s presentation plagiarized Graffius’ copyrighted ’Phases of Team Development,’ violating his intellectual property.
Instances of TurningWest changing a word from a section from Graffius’ copyrighted property that’s in the present participle form (such as "recognizing") to the present simple form (such as "recognize") or otherwise similar slight rewording is still stealing Graffius' words and ideas; it is still plagiarism. The combination of such rewording and lack of attribution may be seen as a signal of intent to deceive. Regardless of whether the infringement was intentional or "inadvertent," the actions misrepresent the originator of the words and ideas, which is at the heart of plagiarism.
Plagiarism is a profound and disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights.
Graffius informed TurningWest and TurningWest’s Steve Goodwin about the infringement. An excerpt: "An authorized example of my copyrighted property is at https://dx.doi.org/10.13140/RG.2.2.22040.42246 and other locations. Steven Goodwin and Megan Sands of TurningWest's presentation used some of my intellectual property ... with no attribution to me whatsoever. By doing so, they are falsely leading others to wrongly believe that they are the authors and owners of my intellectual property. Uncool."
Here’s a reaction from TurningWest's Goodwin: "I have never heard of you before and have never seen any of your materials. This is very basic information and foundational to all team formation efforts." As shown by the indisputable proof to come, Goodwin's reaction is problematic for him. TurningWest plagiarized Graffius' work.
Here’s another reaction from TurningWest's Goodwin: "Who are you and what kind of scam are you trying to pull? I have NEVER heard your name before nor have I EVER seen one word of your materials." Again, as shown by the indisputable proof to come, Goodwin's reaction is problematic for him. TurningWest plagiarized Graffius' work.
Additionally, by TurningWest not taking responsibility for and addressing their damaging plagiarism, TurningWest continues to spread misinformation and is directly responsible for their ongoing violation of Graffius' intellectual property.
When Graffius reviewed the TurningWest's infringing 2024 video, he saw that content on the characteristics and strategies for the phases of team development was teeming with plagiarized material from Graffius’ 2021 copyrighted ‘Phases of Team Development’ property. The indisputable proof follows.
Here's Exhibit 3. It's a delineated, side-by-side comparison of content on the characteristics and strategies for the Forming phase of team development. Respective content from Graffius' 2021 copyrighted 'Phases of Team Development' appears with a green background. Material from TurningWest's infringing 2024 video is exposed with a red background. It shows examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words or ideas as their own.
Exhibit 4 is below. It provides diligent, side-by-side comparison of content on the characteristics and strategies for the Storming phase of team development. Respective content from Graffius' 2021 copyrighted 'Phases of Team Development' appears with a green background. Material from TurningWest's infringing 2024 video is exposed with a red background. It shows more examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words or ideas as their own.
Here's Exhibit 5. It's a delineated, side-by-side comparison of content on the characteristics and strategies for the Norming phase of team development. Respective content from Graffius' 2021 copyrighted 'Phases of Team Development' appears with a green background. Material from TurningWest's infringing 2024 video is exposed with a red background. It shows additional examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words or ideas as their own.
Here's Exhibit 6. It's a delineated, side-by-side comparison of content on the characteristics and strategies for the Performing phase of team development. Respective content from Graffius' 2021 copyrighted 'Phases of Team Development' appears with a green background. Material from TurningWest's infringing 2024 video is exposed with a red background. It shows examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words or ideas as their own.
Here's Exhibit 7. It's a delineated, side-by-side comparison of content on the characteristics and strategies for the Adjourning phase of team development. Respective content from Graffius' 2021 copyrighted 'Phases of Team Development' appears with a green background. Material from TurningWest's infringing 2024 video is exposed with a red background. It shows additional examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words or ideas as their own.
Each of the five immediately preceding exhibits (Exhibit 3, Exhibit 4, Exhibit 5, Exhibit 6, and Exhibit 7) showed examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words and ideas as their own. Individually, the exhibits are compelling. Collectively, they form an irrefutable, damning picture of TurningWest's plagiarism.
Given the indisputable facts, TurningWest’s Goodwin must now reflect on his earlier reactions with regret, as they have cast him in an entirely unfavorable light.
Graffius' 'Phases of Team Development' is registered with the US Copyright Office. TurningWest did not request nor receive permission to use Graffius' property. Yet, TurningWest used Graffius' property commercially and without attribution. TurningWest's actions are a disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights.
TurningWest's plagiarism damaged the marketability and value of Graffius' copyrighted property. Further, by not taking responsibility for and addressing their damaging plagiarism, TurningWest continues to spread misinformation and is directly responsible for their ongoing violation of Graffius' intellectual property.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights. Plagiarism often involves the violation of copyright, and copyright infringement is so serious that it is a Federal crime. For many reasons including facts covered in this article, if Graffius opts to take legal action against TurningWest for their violation of his copyright, the Federal case will include the greater of statutory damages or actual damages, special charges for willful infringement (which has been clarified by the courts to be either "intentional behavior" or merely "reckless behavior"), and additional costs.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
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.
See his bio to learn more.
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:
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.
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.
How to Cite This Article
Graffius, Scott M. (2024, October 8). TurningWest's Trial. Available at: https://scottgraffius.com/blog/files/turningwest.html. DOI: 10.13140/RG.2.2.19899.84008.
Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
Update on 6 November 2024
To date, the TurningWest has failed to remove their infringing material. Accordingly, TurningWest knowingly and willfully continues to spread misinformation and violate Graffius’ intellectual property rights.
Any further updates on this consequential matter will appear here.
Content Acknowledgements
This article uses limited excerpts from TurningWest, attributed to TurningWest and used under fair use for news reporting and analysis. TurningWest name, mark, and content (except for what was plagiarized) are the property of TurningWest.
Copyright
Copyright © Scott M. Graffius. All rights reserved.
Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.
A PDF of this article is here
The short link for this article is https://bit.ly/turningwest
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
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)—infringes on the intellectual property rights of others, results in misinformation, and often violates copyright.
Background
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’ as a unique perspective and visual conveying the five phases of team development—Forming, Storming, Norming, Performing, and Adjourning—inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.
Graffius' intellectual property (IP) is registered with the United States Copyright Office.
Graffius initially developed his ‘Phases of Team Development’ unique material in 2008, and he periodically refreshes it.
For reference, the visual applicable to this case (2021 edition) is shown below [Exhibit 1] and is available at: https://dx.doi.org/10.13140/RG.2.2.22040.42246.
As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: “Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.”
Again, this 2021 edition is referenced because it is the one applicable to this case.
Organizations 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:
- 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’ 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-2024-2025-v24071607.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, his copyrighted ‘Phases of Team Development’ intellectual property is featured and used by businesses, professional associations, government agencies, and universities around the globe. 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,
- IEEE,
- James Madison University,
- 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,
- World Resources Institute,
- Yale University,
- and many others.
Details on the Plagiarism
Note: All evidence has been preserved.
A whistleblower tip informed Scott M. Graffius that a video is using Graffius’ intellectual property. The video was identified as:
- Publisher of video: TurningWest
- Date of publication: 16 September 2024
- Title of video: ‘9 13 24 Mastering Team Dev webinar’ (note: the preceding is what is listed on YouTube as the title; however, for reference, the video itself notes that the title is: 'Mastering Team Development: Key Modules and Performance Examples')
- Link to video: https://www.youtube.com/watch?v=n7qldELhp7s
Exhibit 2 is shown below. It provides an overview, including thumbnail images from the the video.
Graffius reviewed TurningWest’s 2024 video and saw numerous examples of material—content on the characteristics and strategies for the phases of team development—plagiarized from Graffius’ 2021 copyrighted ‘Phases of Team Development’ property.
TurningWest did not request nor receive permission to use Graffius’ 2021 copyrighted ‘Phases of Team Development’ property. Yet, TurningWest used it (some with slight rewording such as changing "recognizing" to "recognize" and similar, which remains plagiarism) commercially and without attribution.
Again, plagiarism is 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). TurningWest’s presentation plagiarized Graffius’ copyrighted ’Phases of Team Development,’ violating his intellectual property.
Instances of TurningWest changing a word from a section from Graffius’ copyrighted property that’s in the present participle form (such as "recognizing") to the present simple form (such as "recognize") or otherwise similar slight rewording is still stealing Graffius' words and ideas; it is still plagiarism. The combination of such rewording and lack of attribution may be seen as a signal of intent to deceive. Regardless of whether the infringement was intentional or "inadvertent," the actions misrepresent the originator of the words and ideas, which is at the heart of plagiarism.
Plagiarism is a profound and disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights.
Graffius informed TurningWest and TurningWest’s Steve Goodwin about the infringement. An excerpt: "An authorized example of my copyrighted property is at https://dx.doi.org/10.13140/RG.2.2.22040.42246 and other locations. Steven Goodwin and Megan Sands of TurningWest's presentation used some of my intellectual property ... with no attribution to me whatsoever. By doing so, they are falsely leading others to wrongly believe that they are the authors and owners of my intellectual property. Uncool."
Here’s a reaction from TurningWest's Goodwin: "I have never heard of you before and have never seen any of your materials. This is very basic information and foundational to all team formation efforts." As shown by the indisputable proof to come, Goodwin's reaction is problematic for him. TurningWest plagiarized Graffius' work.
Here’s another reaction from TurningWest's Goodwin: "Who are you and what kind of scam are you trying to pull? I have NEVER heard your name before nor have I EVER seen one word of your materials." Again, as shown by the indisputable proof to come, Goodwin's reaction is problematic for him. TurningWest plagiarized Graffius' work.
Additionally, by TurningWest not taking responsibility for and addressing their damaging plagiarism, TurningWest continues to spread misinformation and is directly responsible for their ongoing violation of Graffius' intellectual property.
When Graffius reviewed the TurningWest's infringing 2024 video, he saw that content on the characteristics and strategies for the phases of team development was teeming with plagiarized material from Graffius’ 2021 copyrighted ‘Phases of Team Development’ property. The indisputable proof follows.
Here's Exhibit 3. It's a delineated, side-by-side comparison of content on the characteristics and strategies for the Forming phase of team development. Respective content from Graffius' 2021 copyrighted 'Phases of Team Development' appears with a green background. Material from TurningWest's infringing 2024 video is exposed with a red background. It shows examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words or ideas as their own.
Exhibit 4 is below. It provides diligent, side-by-side comparison of content on the characteristics and strategies for the Storming phase of team development. Respective content from Graffius' 2021 copyrighted 'Phases of Team Development' appears with a green background. Material from TurningWest's infringing 2024 video is exposed with a red background. It shows more examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words or ideas as their own.
Here's Exhibit 5. It's a delineated, side-by-side comparison of content on the characteristics and strategies for the Norming phase of team development. Respective content from Graffius' 2021 copyrighted 'Phases of Team Development' appears with a green background. Material from TurningWest's infringing 2024 video is exposed with a red background. It shows additional examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words or ideas as their own.
Here's Exhibit 6. It's a delineated, side-by-side comparison of content on the characteristics and strategies for the Performing phase of team development. Respective content from Graffius' 2021 copyrighted 'Phases of Team Development' appears with a green background. Material from TurningWest's infringing 2024 video is exposed with a red background. It shows examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words or ideas as their own.
Here's Exhibit 7. It's a delineated, side-by-side comparison of content on the characteristics and strategies for the Adjourning phase of team development. Respective content from Graffius' 2021 copyrighted 'Phases of Team Development' appears with a green background. Material from TurningWest's infringing 2024 video is exposed with a red background. It shows additional examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words or ideas as their own.
Each of the five immediately preceding exhibits (Exhibit 3, Exhibit 4, Exhibit 5, Exhibit 6, and Exhibit 7) showed examples of TurningWest's plagiarism—TurningWest stealing and passing off Graffius' words and ideas as their own. Individually, the exhibits are compelling. Collectively, they form an irrefutable, damning picture of TurningWest's plagiarism.
Given the indisputable facts, TurningWest’s Goodwin must now reflect on his earlier reactions with regret, as they have cast him in an entirely unfavorable light.
Graffius' 'Phases of Team Development' is registered with the US Copyright Office. TurningWest did not request nor receive permission to use Graffius' property. Yet, TurningWest used Graffius' property commercially and without attribution. TurningWest's actions are a disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights.
TurningWest's plagiarism damaged the marketability and value of Graffius' copyrighted property. Further, by not taking responsibility for and addressing their damaging plagiarism, TurningWest continues to spread misinformation and is directly responsible for their ongoing violation of Graffius' intellectual property.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights. Plagiarism often involves the violation of copyright, and copyright infringement is so serious that it is a Federal crime. For many reasons including facts covered in this article, if Graffius opts to take legal action against TurningWest for their violation of his copyright, the Federal case will include the greater of statutory damages or actual damages, special charges for willful infringement (which has been clarified by the courts to be either "intentional behavior" or merely "reckless behavior"), and additional costs.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
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.
See his bio to learn more.
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:
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Hailed by Literary Titan as “the book highlights the versatility of Scrum beautifully.”
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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.
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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
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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.
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How to Cite This Article
Graffius, Scott M. (2024, October 8). TurningWest's Trial. Available at: https://scottgraffius.com/blog/files/turningwest.html. DOI: 10.13140/RG.2.2.19899.84008.
Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
Update on 6 November 2024
To date, the TurningWest has failed to remove their infringing material. Accordingly, TurningWest knowingly and willfully continues to spread misinformation and violate Graffius’ intellectual property rights.
Any further updates on this consequential matter will appear here.
Content Acknowledgements
This article uses limited excerpts from TurningWest, attributed to TurningWest and used under fair use for news reporting and analysis. TurningWest name, mark, and content (except for what was plagiarized) are the property of TurningWest.
Copyright
Copyright © Scott M. Graffius. All rights reserved.
Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.
A PDF of this article is here
The short link for this article is https://bit.ly/turningwest
‘Comparative Methodological Guidelines: Handbook for Educators’ Violates Scott M. Graffius’ Copyright
08 October 2024
BY SCOTT M. GRAFFIUS | ScottGraffius.com
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
Scott M. Graffius' 'Phases of Team Development' Copyrighted Property
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’ as a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.
Graffius' intellectual property (IP) is registered with the United States Copyright Office.
Graffius initially developed his ‘Phases of Team Development’ unique material in 2008, and he periodically refreshes it.
For reference, the visual from the edition applicable to this case (4 January 2021 edition) is shown below [Exhibit 1] and is available at: https://dx.doi.org/10.13140/RG.2.2.22040.42246. The integrated text applies.
As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: “Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.”
Organizations 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:
Graffius ‘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-2024-2025-v24071607.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, his ‘Phases of Team Development’ IP is featured and used by businesses, professional associations, government agencies, and universities around the world. Examples include:
Copyrights protect the intellectual property rights of creators, ensuring they receive recognition and compensation for their work, thus incentivizing creativity and innovation. Graffius is vigilant in upholding, protecting and enforcing his copyrights and other IP rights.
Comparative Methodological Guidelines: Handbook for Educators Violates Scott M. Graffius’ Copyright
Here's information on the infringing publication:
Details, including indisputable proof of the violation, are reported next.
Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.
The authors (Maša Cek, Kety Zhvania-Tyson, Ema Žufić, Diana Maminaishvili, Sara Sušanj, and Tatia Gogishvili) of Comparative Methodological Guidelines: Handbook for Educators did not request nor receive permission to use Graffius’ copyrighted property.
Nevertheless, the authors used Graffius’ 4 January 2021 copyrighted property in their publication.
Exhibit 2 is below. It shows thumbnail images of pages 1, 2, 73, 75, 77, 78, 80, and 89 from the infringing publication.
Comparing Graffius' copyrighted 4 January 2021 'Phases of Team Development' intellectual property with Comparative Methodological Guidelines reveals that Comparative Methodological Guidelines violated Graffius' copyright. There are too many examples to list, but some follow.
The infringing publication used Graffius’ copyrighted property on the characteristics and strategies for the phases of team development word-for-word. Here are some examples:
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Some resistance"
🔴 Infringing Comparative Methodological Guidelines has this material: "Some resistance"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Lack of participation"
🔴 Infringing Comparative Methodological Guidelines has this material: "Lack of participation"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Requesting & encouraging feedback"
🔴 Infringing Comparative Methodological Guidelines has this material: "Requesting and encouraging feedback"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Identifying issues & facilitating their resolution"
🔴 Infringing Comparative Methodological Guidelines has this material: "Identifying issues and facilitating their resolutions"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Building trust by honoring commitments"
🔴 Infringing Comparative Methodological Guidelines has this material: "Building trust by honouring commitments"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Sadness"
🔴 Infringing Comparative Methodological Guidelines has this material: "Sadness"
Additionally the infringing publication used Graffius’ copyrighted property on the characteristics and strategies for the phases of team development with slight re-wording (which, in context, is still infringement). Here are some examples:
🟢 Graffius’ copyrighted Phases of Team Development has this content: "More confident"
🔴 Infringing Comparative Methodological Guidelines has this material: "Confidence is high"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Improved commitment"
🔴 Infringing Comparative Methodological Guidelines has this material: "High commitment"
The indisputable proof shows that the infringing publication used Graffius' copyrighted property.
The authors used Graffius' material but did not attribute the material to him through citation in-line (in pages 73, 75, 77, 78, 80, and 89 of the infringing publication), or in the references and resources section (page 89 of the infringing publication) or otherwise. Through their actions or failure to act, the authors are wrongly leading others to falsely believe that they (or others) are the author and owner of Graffius’ respective copyrighted content.
Additionally, the authors made their violation of Graffius’ intellectual property even worse by marking page 2 of their infringing publication with the following (with hyperlink): "Attribution 4.0 International (CC BY 4.0)" — where the link is https://creativecommons.org/licenses/by/4.0/. At the preceding link, Creative Commons specifies that CC BY 4.0 means that: "You are free to: Share — copy and redistribute the material in any medium or format for any purpose, even commercially. Adapt — remix, transform, and build upon the material for any purpose, even commercially." Again, the authors do not have any rights to Graffius' intellectual property. By the marking the infringing document with "Attribution 4.0 International (CC BY 4.0)," the authors are falsely informing and instructing readers that anyone can freely copy and redistribute or adapt Graffius' copyrighted property in any medium or format for any purpose, even commercially. That's egregious, appalling, and destructive.
So long as the infringing publication exists in any language or form, it continues to spread misinformation and violate Graffius’ intellectual property.
Conclusion
Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.
Authors (Maša Cek, Kety Zhvania-Tyson, Ema Žufić, Diana Maminaishvili, Sara Sušanj, and Tatia Gogishvili) of Comparative Methodological Guidelines: Handbook for Educators did not request nor receive permission to use Graffius’ copyrighted property.
Nevertheless, the authors used Graffius’ 4 January 2021 copyrighted property in their publication.
The authors used a material volume of Graffius’ copyrighted property.
The authors used Graffius' copyrighted property word-for-word and also with slight re-wording (which is still a violation).
The authors did not attribute their use of Graffius' copyrighted property to Graffius through citation or otherwise. Through their actions or failure to act, the authors are wrongly leading others to falsely believe that they (or others) are the author and owner of Graffius’ respective copyrighted content.
Could it possibly get worse? Unfortunately, yes. The authors marked page 2 of their infringing publication with the following (with hyperlink): "Attribution 4.0 International (CC BY 4.0)" — where the link is https://creativecommons.org/licenses/by/4.0/. At the preceding link, Creative Commons specifies that CC BY 4.0 means that: "You are free to: Share — copy and redistribute the material in any medium or format for any purpose, even commercially. Adapt — remix, transform, and build upon the material for any purpose, even commercially." Again, the authors do not have any rights to Graffius' intellectual property. By the marking the infringing document with "Attribution 4.0 International (CC BY 4.0)," the authors are falsely informing and instructing readers that anyone can freely copy and redistribute or adapt Graffius' copyrighted property in any medium or format for any purpose, even commercially. That's egregious, appalling, and destructive.
So long as the infringing publication exists in any language or form, it continues to spread misinformation and violate Graffius’ intellectual property.
The authors damaged the marketability and value of Graffius’ copyrighted property.
For the aforementioned reasons, the authors’ use of Graffius’ copyrighted property was not ‘fair use’ nor ‘fair dealing’ nor otherwise allowed.
The actions of the authors are a disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights.
The publisher must immediately implement the following three (3) actions:
Graffius maintains, enforces, and protects his copyright and other intellectual property rights. He reserves his rights in this disturbing and consequential matter.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
About the Erasmus+ Programme of the European Union
The Erasmus+ Programme, funded by the European Union, is a flagship initiative designed to enhance education, training, youth, and sports across Europe and beyond. Established as a successor to various EU programs, it aims to promote mobility, cooperation, and skills development among individuals and institutions. Erasmus+ supports a wide array of activities including student and staff exchanges, traineeships, and various collaborative projects. Since its inception, it has impacted millions of participants, contributing significantly to cultural exchange and lifelong learning across different sectors of society.
To learn more about the Erasmus+ Programme, visit its website.
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.
See his bio to learn more.
Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
How to Cite This Article
Graffius, Scott M. (2024, October 8). ‘Comparative Methodological Guidelines: Handbook for Educators’ Violates Scott M. Graffius’ Copyright. Available at: https://scottgraffius.com/blog/files/cmg-eu-ec-publication-infringes-on-copyright-of-scott-m-graffius.html. DOI: 10.13140/RG.2.2.29872.78085.
Content Acknowledgements
This article uses limited excerpts from Comparative Methodological Guidelines: Handbook for Educators, attributed to Comparative Methodological Guidelines: Handbook for Educators and used under fair use for news reporting and analysis. Names, marks, and content are the property of their respective owners.
Copyright
Copyright © Scott M. Graffius. All rights reserved.
Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
Scott M. Graffius' 'Phases of Team Development' Copyrighted Property
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’ as a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.
Graffius' intellectual property (IP) is registered with the United States Copyright Office.
Graffius initially developed his ‘Phases of Team Development’ unique material in 2008, and he periodically refreshes it.
For reference, the visual from the edition applicable to this case (4 January 2021 edition) is shown below [Exhibit 1] and is available at: https://dx.doi.org/10.13140/RG.2.2.22040.42246. The integrated text applies.
As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: “Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.”
Organizations 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’ 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-2024-2025-v24071607.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, his ‘Phases of Team Development’ IP is featured and used by businesses, professional associations, government agencies, 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,
- Ford Motor Company,
- Hasso Plattner Institute,
- IEEE,
- Johns Hopkins University,
- LeadingEng,
- London South Bank University,
- Manufacturers Alliance,
- Microsoft,
- New Zealand Government,
- Oracle,
- TBS Switzerland,
- Torrens University Australia,
- U.S. National Park Service,
- U.S. Tennis Association,
- UC San Diego,
- UK Sports Institute,
- University of Galway Ireland,
- Virginia Tech,
- Warsaw University,
- Yale University,
- and many others.
Copyrights protect the intellectual property rights of creators, ensuring they receive recognition and compensation for their work, thus incentivizing creativity and innovation. Graffius is vigilant in upholding, protecting and enforcing his copyrights and other IP rights.
Comparative Methodological Guidelines: Handbook for Educators Violates Scott M. Graffius’ Copyright
Here's information on the infringing publication:
- Title of infringing publication: Comparative Methodological Guidelines: Handbook for Educators
- Authors of infringing publication: Maša Cek, Kety Zhvania-Tyson, Ema Žufić, Diana Maminaishvili, Sara Sušanj, and Tatia Gogishvili
- Infringing publication was created within the project: The Roadmap for Educators in Digital Soft Skills (TRENDSS)
- Infringing publication was co-funded by: Erasmus+ Programme of the European Union
- Known location(s) of the infringing publication: https://trendss.eu/wp-content/uploads/2021/06/Comparative-Methodological-Guidelines-Handbook-for-Digital-Educators.pdf
Details, including indisputable proof of the violation, are reported next.
Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.
The authors (Maša Cek, Kety Zhvania-Tyson, Ema Žufić, Diana Maminaishvili, Sara Sušanj, and Tatia Gogishvili) of Comparative Methodological Guidelines: Handbook for Educators did not request nor receive permission to use Graffius’ copyrighted property.
Nevertheless, the authors used Graffius’ 4 January 2021 copyrighted property in their publication.
Exhibit 2 is below. It shows thumbnail images of pages 1, 2, 73, 75, 77, 78, 80, and 89 from the infringing publication.
Comparing Graffius' copyrighted 4 January 2021 'Phases of Team Development' intellectual property with Comparative Methodological Guidelines reveals that Comparative Methodological Guidelines violated Graffius' copyright. There are too many examples to list, but some follow.
The infringing publication used Graffius’ copyrighted property on the characteristics and strategies for the phases of team development word-for-word. Here are some examples:
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Some resistance"
🔴 Infringing Comparative Methodological Guidelines has this material: "Some resistance"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Lack of participation"
🔴 Infringing Comparative Methodological Guidelines has this material: "Lack of participation"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Requesting & encouraging feedback"
🔴 Infringing Comparative Methodological Guidelines has this material: "Requesting and encouraging feedback"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Identifying issues & facilitating their resolution"
🔴 Infringing Comparative Methodological Guidelines has this material: "Identifying issues and facilitating their resolutions"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Building trust by honoring commitments"
🔴 Infringing Comparative Methodological Guidelines has this material: "Building trust by honouring commitments"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Sadness"
🔴 Infringing Comparative Methodological Guidelines has this material: "Sadness"
Additionally the infringing publication used Graffius’ copyrighted property on the characteristics and strategies for the phases of team development with slight re-wording (which, in context, is still infringement). Here are some examples:
🟢 Graffius’ copyrighted Phases of Team Development has this content: "More confident"
🔴 Infringing Comparative Methodological Guidelines has this material: "Confidence is high"
🟢 Graffius’ copyrighted Phases of Team Development has this content: "Improved commitment"
🔴 Infringing Comparative Methodological Guidelines has this material: "High commitment"
The indisputable proof shows that the infringing publication used Graffius' copyrighted property.
The authors used Graffius' material but did not attribute the material to him through citation in-line (in pages 73, 75, 77, 78, 80, and 89 of the infringing publication), or in the references and resources section (page 89 of the infringing publication) or otherwise. Through their actions or failure to act, the authors are wrongly leading others to falsely believe that they (or others) are the author and owner of Graffius’ respective copyrighted content.
Additionally, the authors made their violation of Graffius’ intellectual property even worse by marking page 2 of their infringing publication with the following (with hyperlink): "Attribution 4.0 International (CC BY 4.0)" — where the link is https://creativecommons.org/licenses/by/4.0/. At the preceding link, Creative Commons specifies that CC BY 4.0 means that: "You are free to: Share — copy and redistribute the material in any medium or format for any purpose, even commercially. Adapt — remix, transform, and build upon the material for any purpose, even commercially." Again, the authors do not have any rights to Graffius' intellectual property. By the marking the infringing document with "Attribution 4.0 International (CC BY 4.0)," the authors are falsely informing and instructing readers that anyone can freely copy and redistribute or adapt Graffius' copyrighted property in any medium or format for any purpose, even commercially. That's egregious, appalling, and destructive.
So long as the infringing publication exists in any language or form, it continues to spread misinformation and violate Graffius’ intellectual property.
Conclusion
Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.
Authors (Maša Cek, Kety Zhvania-Tyson, Ema Žufić, Diana Maminaishvili, Sara Sušanj, and Tatia Gogishvili) of Comparative Methodological Guidelines: Handbook for Educators did not request nor receive permission to use Graffius’ copyrighted property.
Nevertheless, the authors used Graffius’ 4 January 2021 copyrighted property in their publication.
The authors used a material volume of Graffius’ copyrighted property.
The authors used Graffius' copyrighted property word-for-word and also with slight re-wording (which is still a violation).
The authors did not attribute their use of Graffius' copyrighted property to Graffius through citation or otherwise. Through their actions or failure to act, the authors are wrongly leading others to falsely believe that they (or others) are the author and owner of Graffius’ respective copyrighted content.
Could it possibly get worse? Unfortunately, yes. The authors marked page 2 of their infringing publication with the following (with hyperlink): "Attribution 4.0 International (CC BY 4.0)" — where the link is https://creativecommons.org/licenses/by/4.0/. At the preceding link, Creative Commons specifies that CC BY 4.0 means that: "You are free to: Share — copy and redistribute the material in any medium or format for any purpose, even commercially. Adapt — remix, transform, and build upon the material for any purpose, even commercially." Again, the authors do not have any rights to Graffius' intellectual property. By the marking the infringing document with "Attribution 4.0 International (CC BY 4.0)," the authors are falsely informing and instructing readers that anyone can freely copy and redistribute or adapt Graffius' copyrighted property in any medium or format for any purpose, even commercially. That's egregious, appalling, and destructive.
So long as the infringing publication exists in any language or form, it continues to spread misinformation and violate Graffius’ intellectual property.
The authors damaged the marketability and value of Graffius’ copyrighted property.
For the aforementioned reasons, the authors’ use of Graffius’ copyrighted property was not ‘fair use’ nor ‘fair dealing’ nor otherwise allowed.
The actions of the authors are a disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights.
The publisher must immediately implement the following three (3) actions:
- Remove the Infringing Material. Electronic Versions: Immediately remove the infringing material from digital platforms where it is advertised, promoted, sold, or distributed; this includes removing or disabling any online access to it. Physical Copies: If physical copies of the material are in inventory or circulation, stop further distribution; recall any copies already distributed.
- Issue a Retraction. Publish a formal retraction notice acknowledging the infringement and the steps taken to rectify the situation. The notice will present the facts as they are—the notice will not "spin" or "downplay" the infringement. The notice is to be clearly visible and accessible.
- Notify Relevant Parties. Subscribers and Purchasers and other Recipients: Inform the respective subscribers, purchasers, or recipients of the material about the retraction, ensuring transparency about the issue; again, the notice will present the facts as they are—the notice will not "spin" or "downplay" the infringement. Indexes and Databases: Notify any databases or indexing services that list the material so they can update their records accordingly.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights. He reserves his rights in this disturbing and consequential matter.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
About the Erasmus+ Programme of the European Union
The Erasmus+ Programme, funded by the European Union, is a flagship initiative designed to enhance education, training, youth, and sports across Europe and beyond. Established as a successor to various EU programs, it aims to promote mobility, cooperation, and skills development among individuals and institutions. Erasmus+ supports a wide array of activities including student and staff exchanges, traineeships, and various collaborative projects. Since its inception, it has impacted millions of participants, contributing significantly to cultural exchange and lifelong learning across different sectors of society.
To learn more about the Erasmus+ Programme, visit its website.
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.
See his bio to learn more.
Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
How to Cite This Article
Graffius, Scott M. (2024, October 8). ‘Comparative Methodological Guidelines: Handbook for Educators’ Violates Scott M. Graffius’ Copyright. Available at: https://scottgraffius.com/blog/files/cmg-eu-ec-publication-infringes-on-copyright-of-scott-m-graffius.html. DOI: 10.13140/RG.2.2.29872.78085.
Content Acknowledgements
This article uses limited excerpts from Comparative Methodological Guidelines: Handbook for Educators, attributed to Comparative Methodological Guidelines: Handbook for Educators and used under fair use for news reporting and analysis. Names, marks, and content are the property of their respective owners.
Copyright
Copyright © Scott M. Graffius. All rights reserved.
Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.
Bournemouth University Used Scott M. Graffius’ Intellectual Property
09 October 2024
BY SCOTT M. GRAFFIUS | ScottGraffius.com
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
Introduction
A whistleblower/tip informed Scott M. Graffius that Bournemouth University was using his copyrighted property without credit. After Graffius received the details including proof, he confirmed that the report was valid.
The unauthorized and unattributed use of Graffius' copyrighted property was not ‘fair use’ nor ‘fair dealing’ nor otherwise allowed.
Based on the indisputable facts, the bad acts involve the ethical issue of plagiarism and the legal issue of copyright infringement.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights. This article serves as a clarion call for Bournemouth University to face the repercussions of, and take responsibility for, their blatant and damaging violation.
Background
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’ as a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.
Graffius' intellectual property (IP) is registered with the United States Copyright Office.
Graffius initially developed his ‘Phases of Team Development’ unique material in 2008, and he periodically refreshes it.
For reference, the visual from the edition applicable to this case (v2019) [Exhibit 1] is shown below. It is also available at: https://scottgraffius.com/blog/files/Using-Bruce- Tuckmans-Phases-of-Team-Development.html and other locations. The integrated text applies.
As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: "Copyright © 2008-2019 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com."
Organizations 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:
Graffius ‘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-2024-2025-v24071607.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, his ‘Phases of Team Development’ IP is featured and used by businesses, professional associations, government agencies, and universities around the world. Examples include:
Copyrights protect the intellectual property rights of creators, ensuring they receive recognition and compensation for their work, thus incentivizing creativity and innovation. Graffius is vigilant in upholding, protecting and enforcing his copyrights and other IP rights.
Bournemouth University Used Scott M. Graffius’ Intellectual Property Without Authorization or Attribution
Indisputable proof follows.
Exhibit 2 is below. It provides views of Bournemouth University 'Key Programme Information.' Pages 1 of 2 from the programme are shown. A zoomed-in view of page 2—where 'Strategic Sport Management' is circled in red—is also shown.
Exhibit 3 is below. It shows pages 1 and 7 of the infringing document.
As shown above, the infringing document is marked with:
Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.
Permission to use Graffius’ copyrighted property was not requested nor approved.
Nevertheless, Graffius’ copyrighted property was used in the infringing publication.
Comparing Graffius' copyrighted 'Phases of Team Development' intellectual property with the infringing document is revealing.
The infringing publication used Graffius’ copyrighted property on the characteristics and strategies for the phases of team development word-for-word. Here are some examples:
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Forming: "Questioning"
🔴 The Bournemouth University infringing leadership publication includes this for Forming: "Questioning"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Forming: "Socializing"
🔴 The Bournemouth University infringing leadership publication includes this for Forming: "Socializing"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Forming: "Displaying eagerness"
🔴 The Bournemouth University infringing leadership publication includes this for Forming: "Displaying eagerness"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Storming: "Resistance"
🔴 The Bournemouth University infringing leadership publication includes this for Storming: "Resistance"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Storming: "Lack of participation"
🔴 The Bournemouth University infringing leadership publication includes this for Storming: "Lack of participation"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Storming: "Conflict"
🔴 The Bournemouth University infringing leadership publication includes this for Storming: "Conflict"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Storming: "Competition"
🔴 The Bournemouth University infringing leadership publication includes this for Storming: "Competition"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Storming: "High emotions"
🔴 The Bournemouth University infringing leadership publication includes this for Storming: "High emotions"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Norming: "Reconciliation"
🔴 The Bournemouth University infringing leadership publication includes this for Norming: "Reconciliation"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Norming: "Relief"
🔴 The Bournemouth University infringing leadership publication includes this for Norming: "Relief"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Adjourning: "Sadness"
🔴 The Bournemouth University infringing leadership publication includes this for Adjourning: "Sadness"
Additionally, the infringing publication used Graffius’ copyrighted property on the characteristics and strategies for the phases of team development with slight re-wording (which, in context, is still infringement). Here are some examples:
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Norming: "Members are engaged and supportive"
🔴 The Bournemouth University infringing leadership publication includes this for Norming: "Engaged" and "Supportive"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Performing: "Demonstrations of interdependence"
🔴 The Bournemouth University infringing leadership publication includes this for Performing: "Interdependence"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Adjourning: "Recognition of team and individual efforts"
🔴 The Bournemouth University infringing leadership publication includes this for Adjourning: "Recognition of individual and collective efforts"
The preceding examples are not an exhaustive list.
The comparison in Exhibit 4 (below) also shows the extensive infringement in the educational material from Bournemouth University.
Conclusion
Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.
Permission to use Graffius’ copyrighted property was not requested nor approved.
Nevertheless, the infringing publication used Graffius’ copyrighted property.
A significant volume of Graffius’ copyrighted property was used.
The infringing publication used Graffius' copyrighted property word-for-word and also with slight re-wording (which, in context, is still a violation).
The infringing publication did not attribute Graffius’ copyrighted property to Graffius. Regardless of intent, the infringement wrongly leads others to falsely believe that the author of the infringing publication is the author and owner of Graffius’ respective copyrighted property.
So long as the infringing publication exists anywhere, it continues to spread misinformation and violate Graffius’ intellectual property.
The infringement damaged the marketability and value of Graffius’ copyrighted property.
For the aforementioned reasons, the use of Graffius’ copyrighted property was not ‘fair use’ nor ‘fair dealing’ nor otherwise allowed.
Bournemouth University must immediately implement the following three (3) actions:
Graffius maintains, enforces, and protects his copyright and other intellectual property rights.
He reserves his rights in this disturbing and consequential matter.
This case remains open.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
About Bournemouth University
Founded in 1992, Bournemouth University is a public university in Bournemouth, England. Its main campus is in neighboring Poole. The university has over 16,000 students.
In 2023, Bournemouth University received a silver rating in the Teaching Excellence Framework, a government assessment of the quality of undergraduate teaching in universities and other higher education providers in England.
In 2024, it was proven that Bournemouth University educational materials infringed on the copyright of Scott M. Graffius.
To learn more about the university, visit https://www.bournemouth.ac.uk.
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.
See his bio to learn more.
Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
Update on 6 November 2024
To date, the university has failed to acknowledge receipt of the report of their infringement or otherwise respond.
If there are any supplements or updates to this article after the date of publication, they will appear here.
How to Cite This Article
Graffius, Scott M. (2024, October 9). Bournemouth University Used Scott M. Graffius’ Intellectual Property. Available at: https://scottgraffius.com/blog/files/bournemouth-university-2024.html.
Content Acknowledgements
This article uses limited excerpts from Bournemouth University content, attributed to Bournemouth University and used under fair use for news reporting and analysis.
Graffius’ ‘Phases of Team Development’ is copyright © Scott M. Graffius. All rights reserved.
Bournemouth University name, mark, and content (except for what was stolen from others) are the property of Bournemouth University.
Copyright
Copyright © Scott M. Graffius. All rights reserved.
Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
Introduction
A whistleblower/tip informed Scott M. Graffius that Bournemouth University was using his copyrighted property without credit. After Graffius received the details including proof, he confirmed that the report was valid.
The unauthorized and unattributed use of Graffius' copyrighted property was not ‘fair use’ nor ‘fair dealing’ nor otherwise allowed.
Based on the indisputable facts, the bad acts involve the ethical issue of plagiarism and the legal issue of copyright infringement.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights. This article serves as a clarion call for Bournemouth University to face the repercussions of, and take responsibility for, their blatant and damaging violation.
Background
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’ as a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.
Graffius' intellectual property (IP) is registered with the United States Copyright Office.
Graffius initially developed his ‘Phases of Team Development’ unique material in 2008, and he periodically refreshes it.
For reference, the visual from the edition applicable to this case (v2019) [Exhibit 1] is shown below. It is also available at: https://scottgraffius.com/blog/files/Using-Bruce- Tuckmans-Phases-of-Team-Development.html and other locations. The integrated text applies.
As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: "Copyright © 2008-2019 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com."
Organizations 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’ 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-2024-2025-v24071607.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, his ‘Phases of Team Development’ IP is featured and used by businesses, professional associations, government agencies, 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,
- Ford Motor Company,
- Hasso Plattner Institute,
- IEEE,
- Johns Hopkins University,
- LeadingEng,
- London South Bank University,
- Manufacturers Alliance,
- Microsoft,
- New Zealand Government,
- Oracle,
- TBS Switzerland,
- Torrens University Australia,
- U.S. National Park Service,
- U.S. Tennis Association,
- UC San Diego,
- UK Sports Institute,
- University of Galway Ireland,
- Virginia Tech,
- Warsaw University,
- Yale University,
- and many others.
Copyrights protect the intellectual property rights of creators, ensuring they receive recognition and compensation for their work, thus incentivizing creativity and innovation. Graffius is vigilant in upholding, protecting and enforcing his copyrights and other IP rights.
Bournemouth University Used Scott M. Graffius’ Intellectual Property Without Authorization or Attribution
Indisputable proof follows.
Exhibit 2 is below. It provides views of Bournemouth University 'Key Programme Information.' Pages 1 of 2 from the programme are shown. A zoomed-in view of page 2—where 'Strategic Sport Management' is circled in red—is also shown.
Exhibit 3 is below. It shows pages 1 and 7 of the infringing document.
As shown above, the infringing document is marked with:
- “Bournemouth University”
- “MSc Sport Management”
- “Strategic Sport Management 23&24”
- “Theories of Leadership IV: Managing Conflicts”
Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.
Permission to use Graffius’ copyrighted property was not requested nor approved.
Nevertheless, Graffius’ copyrighted property was used in the infringing publication.
Comparing Graffius' copyrighted 'Phases of Team Development' intellectual property with the infringing document is revealing.
The infringing publication used Graffius’ copyrighted property on the characteristics and strategies for the phases of team development word-for-word. Here are some examples:
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Forming: "Questioning"
🔴 The Bournemouth University infringing leadership publication includes this for Forming: "Questioning"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Forming: "Socializing"
🔴 The Bournemouth University infringing leadership publication includes this for Forming: "Socializing"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Forming: "Displaying eagerness"
🔴 The Bournemouth University infringing leadership publication includes this for Forming: "Displaying eagerness"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Storming: "Resistance"
🔴 The Bournemouth University infringing leadership publication includes this for Storming: "Resistance"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Storming: "Lack of participation"
🔴 The Bournemouth University infringing leadership publication includes this for Storming: "Lack of participation"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Storming: "Conflict"
🔴 The Bournemouth University infringing leadership publication includes this for Storming: "Conflict"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Storming: "Competition"
🔴 The Bournemouth University infringing leadership publication includes this for Storming: "Competition"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Storming: "High emotions"
🔴 The Bournemouth University infringing leadership publication includes this for Storming: "High emotions"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Norming: "Reconciliation"
🔴 The Bournemouth University infringing leadership publication includes this for Norming: "Reconciliation"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Norming: "Relief"
🔴 The Bournemouth University infringing leadership publication includes this for Norming: "Relief"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Adjourning: "Sadness"
🔴 The Bournemouth University infringing leadership publication includes this for Adjourning: "Sadness"
Additionally, the infringing publication used Graffius’ copyrighted property on the characteristics and strategies for the phases of team development with slight re-wording (which, in context, is still infringement). Here are some examples:
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Norming: "Members are engaged and supportive"
🔴 The Bournemouth University infringing leadership publication includes this for Norming: "Engaged" and "Supportive"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Performing: "Demonstrations of interdependence"
🔴 The Bournemouth University infringing leadership publication includes this for Performing: "Interdependence"
🟢 Graffius’ copyrighted Phases of Team Development property includes this for Adjourning: "Recognition of team and individual efforts"
🔴 The Bournemouth University infringing leadership publication includes this for Adjourning: "Recognition of individual and collective efforts"
The preceding examples are not an exhaustive list.
The comparison in Exhibit 4 (below) also shows the extensive infringement in the educational material from Bournemouth University.
Conclusion
Again, Graffius’ copyright ownership details and permission request information are integrated into and appear on his intellectual property.
Permission to use Graffius’ copyrighted property was not requested nor approved.
Nevertheless, the infringing publication used Graffius’ copyrighted property.
A significant volume of Graffius’ copyrighted property was used.
The infringing publication used Graffius' copyrighted property word-for-word and also with slight re-wording (which, in context, is still a violation).
The infringing publication did not attribute Graffius’ copyrighted property to Graffius. Regardless of intent, the infringement wrongly leads others to falsely believe that the author of the infringing publication is the author and owner of Graffius’ respective copyrighted property.
So long as the infringing publication exists anywhere, it continues to spread misinformation and violate Graffius’ intellectual property.
The infringement damaged the marketability and value of Graffius’ copyrighted property.
For the aforementioned reasons, the use of Graffius’ copyrighted property was not ‘fair use’ nor ‘fair dealing’ nor otherwise allowed.
Bournemouth University must immediately implement the following three (3) actions:
- Remove the Infringing Material. Electronic Versions: Immediately remove the infringing material from digital platforms where it is advertised, promoted, sold, or distributed; this includes removing or disabling any online access to it. Physical Copies: If physical copies of the material are in inventory or circulation, stop further distribution; recall any copies already distributed; destroy physical copies.
- Issue a Retraction. Publish a formal retraction notice acknowledging the infringement and the steps taken to rectify the situation. The notice will present the facts as they are—the notice will not "spin" or "downplay" the infringement.
- Notify Relevant Parties. Recipients: Inform the respective subscribers, purchasers, or recipients of the material about the retraction, ensuring transparency about the issue; again, the notice will present the facts as they are—the notice will not "spin" or "downplay" the infringement. Indexes and Databases: Notify any databases or indexing services that list the material so they can update their records accordingly.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights.
He reserves his rights in this disturbing and consequential matter.
This case remains open.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
About Bournemouth University
Founded in 1992, Bournemouth University is a public university in Bournemouth, England. Its main campus is in neighboring Poole. The university has over 16,000 students.
In 2023, Bournemouth University received a silver rating in the Teaching Excellence Framework, a government assessment of the quality of undergraduate teaching in universities and other higher education providers in England.
In 2024, it was proven that Bournemouth University educational materials infringed on the copyright of Scott M. Graffius.
To learn more about the university, visit https://www.bournemouth.ac.uk.
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.
See his bio to learn more.
Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
Update on 6 November 2024
To date, the university has failed to acknowledge receipt of the report of their infringement or otherwise respond.
If there are any supplements or updates to this article after the date of publication, they will appear here.
How to Cite This Article
Graffius, Scott M. (2024, October 9). Bournemouth University Used Scott M. Graffius’ Intellectual Property. Available at: https://scottgraffius.com/blog/files/bournemouth-university-2024.html.
Content Acknowledgements
This article uses limited excerpts from Bournemouth University content, attributed to Bournemouth University and used under fair use for news reporting and analysis.
Graffius’ ‘Phases of Team Development’ is copyright © Scott M. Graffius. All rights reserved.
Bournemouth University name, mark, and content (except for what was stolen from others) are the property of Bournemouth University.
Copyright
Copyright © Scott M. Graffius. All rights reserved.
Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.
Copyright Infringement in a Book Published by AuthorHouse / Author Solutions / The Najafi Companies: Publisher Fails to Respond or Take Required Action
17 October 2024
BY SCOTT M. GRAFFIUS | ScottGraffius.com
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
Introduction
Publishers must respond decisively to reports of copyright infringement by swiftly acknowledging complaints, conducting thorough investigations, and taking appropriate actions.
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 copyright infringement in a book published by AuthorHouse / Author Solutions / The Najafi Companies. You reported it—with detailed specifics and indisputable evidence—to the publisher. What should happen next (within five business days)?
🔘 A. The publisher replies with, 'Thank you for alerting us about the violation; we’re looking into it.'
🔘 B. The publisher challenges you to a duel to defend their honor.
🔘 C. The publisher does not respond nor take any required action.
Quiz Answer
The question is about what should happen. For that reason, the correct answer is: 'A. The publisher replies with, 'Thank you for alerting us about the violation; we're looking into it.'
When publishers receive a report of copyright infringement, 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 publication. 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
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 violation of his copyright in a book published by AuthorHouse / Author Solutions / The Najafi Companies. Graffius notified the publisher of the violation on 2 October 2024.
As mentioned earlier, publishers should promptly acknowledge receipt of copyright violatioon reports by responding within no longer than five business days. As of the date of this article (17 October 2024), 10 business days have elapsed since the violation was reported. And the publisher maintains radio silence.
Copyright infringement is bad. By not acknowledging receipt of the report, the publisher made the bad situation worse. And the publisher has not yet removed the infringing publication.
It is imperative that the publisher demonstrates—through its actions—a commitment to upholding the highest standards of ethics and intellectual property rights. The publisher must take immediate and decisive action. 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 Copyright Violation
On 2 October 2024, Scott M. Graffius observed a violation of his copyright in a book published by AuthorHouse / Author Solutions / The Najafi Companies. That same day, Graffius wrote to the publisher. His email was titled, 'Your infringing 'Leadership and Management Compendium' 2024 publication violates the 2021 copyright of Scott M. Graffius, damages.' It contained detailed specifics and indisputable evidence. Saved as a PDF, Graffius' email is 12 pages.
Excerpts from Graffius' 12-page email follow. They're shown in blue italic font.
A book published by AuthorHouse—which is part of Author Solutions, which is owned by The Najafi Companies—violates the copyright of Scott M. Graffius. The infringement constitutes a profound and disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights. Here are the specifics on the publication.
Details follow.
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.
Graffius initially developed his intellectual property in 2008, and he periodically refreshes it. For reference, an authorized example of his copyrighted property applicable in this case (2021 edition) is here: https://dx.doi.org/10.13140/RG.2.2.22040.42246 . It is shown below as well (in Exhibit 1).
As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: “Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.”
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:
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:
Details on the infringement follow.
The next visual (Exhibit 2) delineates that AuthorHouse is part of Author Solutions, and Author Solutions is owned by The Najafi Companies.
The visual below (Exhibit 3) shows the publisher’s book, Leadership and Management Compendium, on the publisher’s website.
The following visual (Exhibit 4) shows the infringing Leadership and Management Compendium 2024 book violating the 2021 copyright of Graffius. The infringing 2024 book uses Graffius’ 2021 copyrighted ‘Phases of Team Development’ property. The infringing 2024 book labeled Graffius’ 2021 copyrighted property at “Figure 3.5a.”
Again, Graffius’ ‘Phases of Team Development’ intellectual property includes this: “Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.”
Permission was not requested to use Graffius’ 2021 copyrighted ‘Phases of Team Development’ property.
Permission was not provided to use Graffius’ 2021 copyrighted ‘Phases of Team Development’ property.
Nevertheless, the infringing 2024 Leadership and Management Compendium book inappropriately included 2021 Graffius’ copyrighted property.
The infringing Leadership and Management Compendium 2024 book uses the majority (the entire visual) of 2021 Graffius’ protected property.
The infringement involves the commercial use of Graffius’ copyrighted property.
Others, not Graffius, are financial beneficiaries of the infringing Leadership and Management Compendium 2024.
For the aforementioned reasons, the use of Graffius’ copyrighted property was not ‘fair use’ nor ‘fair dealing’ nor otherwise allowed.
Copyright infringement undermines the hard work and innovation of others and is a disgraceful, unprofessional, dishonest, immoral, unethical, and illegal practice.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights.
You must IMMEDIATELY implement the following three (3) actions:
1. Remove the Infringing Book
1 (a). Electronic Versions: Immediately remove the infringing book (in any language or form or format) from all digital platforms where it is advertised, promoted, sold or distributed. This includes removing or disabling any online access to it. Recall/retract any electronic editions of the book sold or otherwise distributed.
1 (b). Physical Copies: If physical copies of the infringing book (in any language or form or format) are in inventory or circulation, stop all further distribution. Recall any copies already sold or otherwise distributed.
2. Issue a Retraction
Publish a formal retraction notice acknowledging the infringement and the steps taken to rectify the situation. The notice will present the facts as they are; the notice will not “spin” or “downplay” the infringement. The notice is to be clearly visible and accessible.
3. Update Databases and Indexes
Notify databases or indexing services about the removal of the infringing book so they can update their records accordingly.
The infringement damaged the marketability and value of Graffius’ intellectual property.
Graffius reserves all rights in this disturbing, damaging, and consequential matter.
The preceding provided excerpts of key content—not the full transcript—of Graffius' email.
Copyright infringement constitutes a profound and disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights.
It is shocking that the publisher has not yet responded to Graffius' report of the violation. By not acknowledging receipt of the 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 (AuthorHouse / Author Solutions / The Najafi Companies) demonstrates through their actions a commitment to upholding the highest standards of ethics and intellectual property rights. The publisher must take immediate and decisive action.
This troubling and consequential case is open.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
Read on to learn:
About the Publisher
The publisher, AuthorHouse, is part of Author Solutions, which is owned by The Najafi Companies.
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.
See his bio to learn more.
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:
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.
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.
References/Sources
The following is a list of material on publishing standards and procedures. Some cover the reporting and handling of copyright infringement.
How to Cite This Article
Graffius, Scott M. (2024, October 17). Copyright Infringement in a Book Published by AuthorHouse / Author Solutions / The Najafi Companies: Publisher Fails to Respond or Take Required Action. Available at: https://scottgraffius.com/blog/files/the-najafi-companies.html.
Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
Update on 6 November 2024
To date, the publisher has failed to remove their infringing publication (or even respond). Accordingly, it knowingly and willfully continues to spread misinformation and violate Graffius’ intellectual property rights.
Any further updates on this consequential matter will appear here.

Content Acknowledgements
This article uses limited excerpts from the publisher (AuthorHouse / Author Solutions / The Najafi Companies) and the infringing publication, attributed to their respective owners and used under fair use for news reporting and analysis.
Graffius’ ‘Phases of Team Development’ is copyright © Scott M. Graffius. All rights reserved.
Copyright
Copyright © Scott M. Graffius. All rights reserved.
Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
Introduction
Publishers must respond decisively to reports of copyright infringement by swiftly acknowledging complaints, conducting thorough investigations, and taking appropriate actions.
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 copyright infringement in a book published by AuthorHouse / Author Solutions / The Najafi Companies. You reported it—with detailed specifics and indisputable evidence—to the publisher. What should happen next (within five business days)?
🔘 A. The publisher replies with, 'Thank you for alerting us about the violation; we’re looking into it.'
🔘 B. The publisher challenges you to a duel to defend their honor.
🔘 C. The publisher does not respond nor take any required action.
Quiz Answer
The question is about what should happen. For that reason, the correct answer is: 'A. The publisher replies with, 'Thank you for alerting us about the violation; we're looking into it.'
When publishers receive a report of copyright infringement, 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 publication. 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
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 violation of his copyright in a book published by AuthorHouse / Author Solutions / The Najafi Companies. Graffius notified the publisher of the violation on 2 October 2024.
As mentioned earlier, publishers should promptly acknowledge receipt of copyright violatioon reports by responding within no longer than five business days. As of the date of this article (17 October 2024), 10 business days have elapsed since the violation was reported. And the publisher maintains radio silence.
Copyright infringement is bad. By not acknowledging receipt of the report, the publisher made the bad situation worse. And the publisher has not yet removed the infringing publication.
It is imperative that the publisher demonstrates—through its actions—a commitment to upholding the highest standards of ethics and intellectual property rights. The publisher must take immediate and decisive action. 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 Copyright Violation
On 2 October 2024, Scott M. Graffius observed a violation of his copyright in a book published by AuthorHouse / Author Solutions / The Najafi Companies. That same day, Graffius wrote to the publisher. His email was titled, 'Your infringing 'Leadership and Management Compendium' 2024 publication violates the 2021 copyright of Scott M. Graffius, damages.' It contained detailed specifics and indisputable evidence. Saved as a PDF, Graffius' email is 12 pages.
Excerpts from Graffius' 12-page email follow. They're shown in blue italic font.
A book published by AuthorHouse—which is part of Author Solutions, which is owned by The Najafi Companies—violates the copyright of Scott M. Graffius. The infringement constitutes a profound and disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights. Here are the specifics on the publication.
- Infringing Publication: Leadership and Management Compendium
- Publisher of Infringing Publication: AuthorHouse which is part of Author Solutions which is owned by The Najafi Companies
- Author of Infringing Publication: David Obatomi
- Publication Date for Infringing Publication: 4 September 2024
- Product Information for Softcover Format of Infringing Publication: Dimensions 6x9, Page Count 510, ISBN-13 979-8823088893, ASIN B0DG61RVJV
- Product Information for E-book Format of Infringing Publication: ISBN-13 979-8823088909, ASIN: B0DGCYQB9P
Details follow.
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.
Graffius initially developed his intellectual property in 2008, and he periodically refreshes it. For reference, an authorized example of his copyrighted property applicable in this case (2021 edition) is here: https://dx.doi.org/10.13140/RG.2.2.22040.42246 . It is shown below as well (in Exhibit 1).
As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: “Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.”
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.
Details on the infringement follow.
The next visual (Exhibit 2) delineates that AuthorHouse is part of Author Solutions, and Author Solutions is owned by The Najafi Companies.
The visual below (Exhibit 3) shows the publisher’s book, Leadership and Management Compendium, on the publisher’s website.
The following visual (Exhibit 4) shows the infringing Leadership and Management Compendium 2024 book violating the 2021 copyright of Graffius. The infringing 2024 book uses Graffius’ 2021 copyrighted ‘Phases of Team Development’ property. The infringing 2024 book labeled Graffius’ 2021 copyrighted property at “Figure 3.5a.”
Again, Graffius’ ‘Phases of Team Development’ intellectual property includes this: “Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com.”
Permission was not requested to use Graffius’ 2021 copyrighted ‘Phases of Team Development’ property.
Permission was not provided to use Graffius’ 2021 copyrighted ‘Phases of Team Development’ property.
Nevertheless, the infringing 2024 Leadership and Management Compendium book inappropriately included 2021 Graffius’ copyrighted property.
The infringing Leadership and Management Compendium 2024 book uses the majority (the entire visual) of 2021 Graffius’ protected property.
The infringement involves the commercial use of Graffius’ copyrighted property.
Others, not Graffius, are financial beneficiaries of the infringing Leadership and Management Compendium 2024.
For the aforementioned reasons, the use of Graffius’ copyrighted property was not ‘fair use’ nor ‘fair dealing’ nor otherwise allowed.
Copyright infringement undermines the hard work and innovation of others and is a disgraceful, unprofessional, dishonest, immoral, unethical, and illegal practice.
Graffius maintains, enforces, and protects his copyright and other intellectual property rights.
You must IMMEDIATELY implement the following three (3) actions:
1. Remove the Infringing Book
1 (a). Electronic Versions: Immediately remove the infringing book (in any language or form or format) from all digital platforms where it is advertised, promoted, sold or distributed. This includes removing or disabling any online access to it. Recall/retract any electronic editions of the book sold or otherwise distributed.
1 (b). Physical Copies: If physical copies of the infringing book (in any language or form or format) are in inventory or circulation, stop all further distribution. Recall any copies already sold or otherwise distributed.
2. Issue a Retraction
Publish a formal retraction notice acknowledging the infringement and the steps taken to rectify the situation. The notice will present the facts as they are; the notice will not “spin” or “downplay” the infringement. The notice is to be clearly visible and accessible.
3. Update Databases and Indexes
Notify databases or indexing services about the removal of the infringing book so they can update their records accordingly.
The infringement damaged the marketability and value of Graffius’ intellectual property.
Graffius reserves all rights in this disturbing, damaging, and consequential matter.
The preceding provided excerpts of key content—not the full transcript—of Graffius' email.
Copyright infringement constitutes a profound and disgraceful breach of professional ethics, moral standards, and Graffius’ intellectual property rights.
It is shocking that the publisher has not yet responded to Graffius' report of the violation. By not acknowledging receipt of the 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 (AuthorHouse / Author Solutions / The Najafi Companies) demonstrates through their actions a commitment to upholding the highest standards of ethics and intellectual property rights. The publisher must take immediate and decisive action.
This troubling and consequential case is open.
If there's an update after this article is published, the information will appear in the Post-Publication Notes section.
Read on to learn:
- About the Publisher,
- About Scott M. Graffius,
- References/Sources,
- How to Cite This Article,
- Post-Publication Notes,
- and more.
About the Publisher
The publisher, AuthorHouse, is part of Author Solutions, which is owned by The Najafi Companies.
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.
See his bio to learn more.
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 framework―Scrum;
- 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.
- 🇧🇷 Brazil
- 🇨🇦 Canada
- 🇨🇿 Czech Republic
- 🇩🇰 Denmark
- 🇫🇮 Finland
- 🇫🇷 France
- 🇩🇪 Germany
- 🇬🇷 Greece
- 🇭🇺 Hungary
- 🇮🇳 India
- 🇮🇪 Ireland
- 🇮🇱 Israel
- 🇮🇹 Italy
- 🇯🇵 Japan
- 🇱🇺 Luxembourg
- 🇲🇽 Mexico
- 🇳🇱 Netherlands
- 🇳🇿 New Zealand
- 🇳🇴 Norway
- 🇪🇸 Spain
- 🇸🇪 Sweden
- 🇨🇭 Switzerland
- 🇦🇪 UAE
- 🇬🇧 United Kingdom
- 🇺🇸 United States
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.
- 🇦🇺 Australia
- 🇦🇹 Austria
- 🇧🇷 Brazil
- 🇨🇦 Canada
- 🇨🇿 Czech Republic
- 🇩🇰 Denmark
- 🇫🇮 Finland
- 🇫🇷 France
- 🇩🇪 Germany
- 🇬🇷 Greece
- 🇮🇳 India
- 🇮🇪 Ireland
- 🇯🇵 Japan
- 🇱🇺 Luxembourg
- 🇲🇽 Mexico
- 🇳🇱 Netherlands
- 🇳🇿 New Zealand
- 🇪🇸 Spain
- 🇸🇪 Sweden
- 🇨🇭 Switzerland
- 🇦🇪 United Arab Emirates
- 🇬🇧 United Kingdom
- 🇺🇸 United States
References/Sources
The following is a list of material on publishing standards and procedures. Some cover the reporting and handling of copyright infringement.
- 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.
- Marasović, Tea; Utrobiĉić, Ana; and Maruŝić, 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.
- Taylor & Francis (n.d.). Publishing Ethics for Journal Editors: FAQs. Available at: https://editorresources.taylorandfrancis.com/publishing-ethics-for-editors/publishing-ethics-faqs.
- Ubiquity Press (n.d.). Correction and Retraction Policy. Available at: https://ubiquitypress.com/site/corrections.
- Warner, Brooke (2019, April 26). How to Publish a Perfect Book. Available at: https://www.publishersweekly.com/pw/by-topic/authors/pw-select/article/79902-how-to-publish-a-perfect-book.html.
- Wiley (n.d.). Best Practice Guidelines on Research Integrity and Publishing Ethics. Available at: https://authorservices.wiley.com/ethics-guidelines/index.html.
- Wiley Author Services (n.d.). Wiley's Policy for Handling Retractions, Withdrawals, and Expressions of Concern. Available at: https://authorservices.wiley.com/ethics-guidelines/retractions-and-expressions-of-concern.html.
- World Intellectual Property Organization (WIPO) (n.d.). Managing Intellectual Property in the Book Publishing Industry. Available at: https://www.wipo.int/edocs/pubdocs/en/copyright/868/wipo_pub_868.pdf.
How to Cite This Article
Graffius, Scott M. (2024, October 17). Copyright Infringement in a Book Published by AuthorHouse / Author Solutions / The Najafi Companies: Publisher Fails to Respond or Take Required Action. Available at: https://scottgraffius.com/blog/files/the-najafi-companies.html.
Post-Publication Notes
If there are any supplements or updates to this article after the date of publication, they will appear here.
Update on 6 November 2024
To date, the publisher has failed to remove their infringing publication (or even respond). Accordingly, it knowingly and willfully continues to spread misinformation and violate Graffius’ intellectual property rights.
Any further updates on this consequential matter will appear here.

Content Acknowledgements
This article uses limited excerpts from the publisher (AuthorHouse / Author Solutions / The Najafi Companies) and the infringing publication, attributed to their respective owners and used under fair use for news reporting and analysis.
Graffius’ ‘Phases of Team Development’ is copyright © Scott M. Graffius. All rights reserved.
Copyright
Copyright © Scott M. Graffius. All rights reserved.
Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.
Special Report on Intellectual Property [Updated Periodically]
02 January 2016
This article is periodically updated.
Copyrights and other intellectual property rights are strategic assets that provide significant value. They safeguard the works of creators, allowing them to benefit from their efforts, which in turn fosters creativity and innovation.
Scott M. Graffius vigorously maintains, enforces, and protects his copyrights and other intellectual property rights.
Organizations Around the World Feature and Use Graffius' Intellectual Property
With authorization/license from Graffius, hundreds of businesses, professional associations, government agencies, and universities around the world have appropriately featured and used his intellectual property. Here are just a few examples: Adobe, American Management Association, Amsterdam Public Health Research Institute, Bayer, Boston University, Broadcom, Cisco, Constructor University Germany, Deimos Aerospace, DevOps Institute, EU Europass Teacher Academy Italy, Ford Motor Company, Hasso Plattner Institute, IEEE, Johns Hopkins University, London South Bank University, Microsoft, New Zealand Government, Oracle, Royal Australasian College of Physicians, SBG Neumark Germany, Singapore Institute of Technology, TBS Switzerland, Torrens University Australia, US National Park Service, US Tennis Association, UC San Diego, UK Sports Institute, University of Galway Ireland, Virginia Tech,Yale University, and many more.
Some Others are on Another List
However, some others engage in bad acts, including but not limited to the ethical issue of plagiarism or the legal issue of copyright infringement. Among other steps, Graffius identifies them to protect the integrity and value of his intellectual property and to deter future violations and other problems. Select the links below to learn more.
- Auditore, Vanessa / SuccessHQ.com.au / Success HQ Pty Ltd - copyright-infringement-notice-for-vanessa-auditore.pdf at https://www.ScottGraffius.com/resources/copyright-infringement-notice-for-vanessa-auditore.pdf
- AuthorHouse / Author Solutions / The Najafi Companies - book published by
- Dame Leadership - copyright-infringement-notice-for-dame-leadership.pdf at https://www.ScottGraffius.com/resources/copyright-infringement-notice-for-dame-leadership.pdf
- Institute of Public Administration (IPA) / The Academy for Developing Administrative Leaders (ADAL) / Lee Kuan Yew School of Public Policy (LKY) / National University of Singapore (NAS)
- Netz, Luca - CEO of Pudgy Penguins
- Sage Publications Inc. - Principles of Management: Practicing Ethics, Responsibility, Sustainability (Second Edition) by Oliver Laasch
The short link for this article is https://bit.ly/ip-report
Copyright
Copyright © Scott M. Graffius. All rights reserved.
Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.
