IP Rights
Robert W. Malone, MD Used Scott M. Graffius’ Copyrighted ‘Phases of Team Development’ in His Book: The Problem is Malone's Unauthorized, Word-for-Word, Commercial, Significant Amount, and Unattributed Use was Not 'Fair Use' and Harmed Graffius' Intellectual Property
06 June 2024
Including supporting information, this article is organized into 10 sections:
- Introduction
- Overview of Graffius' Copyrighted 'Phases of Team Development' IP
- Malone's Unauthorized, Word-for-Word, Commercial, Significant Amount, and Unattributed Use of Graffius' Copyrighted 'Phases of Team Development' was Not 'Fair Use' and Harmed Graffius' Intellectual Property
- Conclusion
- About Scott M. Graffius
- About Robert W. Malone, MD
- About Book by Robert W. Malone, MD
- About Copyright and Other Intellectual Property Rights
- References/Sources
- How to Cite This Article
Introduction
Intellectual Property (IP) — including copyrights, trademarks, trade secrets, patents, and algorithms — is a strategic asset that provides significant value. IP rights ensure creators can benefit from their hard work, discovery, and innovation. Infringement can damage the marketability and value of the IP.
IP rights are so important that IP theft is a federal crime.
Scott M. Graffius maintains, enforces, and protects his copyrights and other IP rights. When others infringe on Graffius’ IP rights, situations generally fall into one of two categories:
- IP owner Graffius notifies the offending party of their infringement and the required remediation, and the matter is resolved; or
- IP owner Graffius notifies the offending party of their infringement and the required remediation, and the offending party’s action/inaction necessitates that qualified attorney and/or a U.S. agency is engaged, and the matter is resolved.
Most situations fall under category 1. However, some offending parties seem determined to make an already bad situation worst; they fall under category 2.
This article covers the news that Robert W. Malone, MD used Scott M. Graffius’ copyrighted ‘Phases of Team Development’ intellectual property in his book. However:
- Malone did not request nor receive permission to use Graffius’ intellectual property;
- Malone used Graffius’ copyrighted content word-for-word;
- Malone used Graffius’ intellectual property commercially, for Malone’s financial gain;
- Malone used a significant amount of Graffius' copyrighted property; and
- Malone did not quote or provide attribution to Graffius, which wrongly leads readers to believe that Malone is the author and owner of Graffius’ copyrighted property.
For the above reasons, Malone's use of Graffius' IP was not 'fair use' and harmed Graffius' IP.
Ensuring the integrity of intellectual property is paramount. Graffius is resolute in protecting and enforcing his copyrights and other IP rights. Spoiler alert: A U.S. agency is now involved.
This article presents facts — including visuals and additional evidence — and a critical analysis of this serious category 2 situation.
Overview of Graffius' Copyrighted 'Phases of Team Development' IP
Informed by the research of Bruce W. Tuckman, Ph.D. and Mary Ann C. Jensen, over 100 subsequent studies, and Scott M. Graffius' first-hand professional experience with, and analysis of, team leadership and performance, Graffius created his ‘Phases of Team Development’ IP. It’s a unique perspective on the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — and it’s inclusive of the characteristics and strategies for each phase.
Graffius published his 'Phases of Team Development' work as an article, among other mediums. The body of his article has text in typical — not bullet point — format. The typical format text by Graffius was used by Malone.
(For reference only, Graffius' same article includes a visual which incorporates a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase. The visual has text in bullet-point format. Again, the body of the article has text in typical — not bullet point — format; that typical format text by Graffius was used by Malone.)
Graffius' ‘Phases of Team Development’ IP is registered with the United States Copyright Office.
Graffius initially developed his material in 2008, and he periodically refreshes it. In this case, the applicable edition is 2021. An example is here and other locations.
(For reference only, the most current [2024] edition of his 'Phases of Team Development' is here.)
Here’s a macro/wide view of Graffius' respective 2021 IP.
Here’s another macro/wide view of Graffius' respective 2021 IP, showing the main body of the article.
Here’s a zoomed-in view of Graffius' respective 2021 IP, showing the applicable text.
Here’s a zoomed-in view of Graffius' respective 2021 IP, showing his copyright information.
Graffius' copyright ownership details are clearly noted: "© Copyright 2021 Scott M. Graffius. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of Scott M. Graffius."
Graffius presented his 2021 'Phases of Team Development' IP via multiple channels/platforms in 2021. Select examples include:
- Graffius’ blog (January 4, 2021) at: here.
- Graffius’ ResearchGate account (January 4, 2021) at: here.
- Graffius’ Twitter (now called X) account; one of many examples is (January 17, 2021) at: here.
- And some of Graffius’ appearances at conferences and other events; one example is Graffius’ talk at the IEEE’s ‘IEEE Day’ 2021 Event (October 5, 2021), a recording of his session is at: here.
Conference organizers, businesses, professional organizations, government agencies, and universities around the world engage Graffius to deliver compelling talks and workshops. To date, he's presented sessions at 91 conferences and other events across 25 countries, including Armenia, Australia, Brazil, Canada, Czech Republic, Finland, France, Germany, Greece, Hong Kong, Hungary, India, Ireland, Lithuania, Luxembourg, Nepal, Netherlands, New Zealand, Norway, Romania, Sweden, Switzerland, United Arab Emirates, United Kingdom, and the United States. His 'Phases of Team Development' IP is central and key to many of those sessions. Graffius' rate card and a listing of his engagements are here and here, respectively.
With an authorization/license from Graffius, many organizations have featured and used his 'Phases of Team Development' IP. Select examples include Adobe, American Management Association, Amsterdam Public Health Research Institute, Bayer, Boston University, Cisco, Deimos Aerospace, DevOps Institute, Ford Motor Company, Hasso Plattner Institute, IEEE, London South Bank University, Microsoft, New Zealand Government, Torrens University Australia, UC San Diego, TBS Switzerland, UK Sports Institute, University of Galway Ireland, U.S. National Park Service, U.S. Tennis Association, Virginia Tech, Yale University, and many others.
Malone's Unauthorized, Word-for-Word, Commercial, Significant Amount, and Unattributed Use of Graffius' Copyrighted 'Phases of Team Development' was Not 'Fair Use' and Harmed Graffius' Intellectual Property
Robert W. Malone, MD used Scott M. Graffius’ copyrighted ‘Phases of Team Development’ intellectual property in his 2022 book, Lies My Gov’t Told Me: And the Better Future Coming. However:
- Malone did not request nor receive permission to use Graffius’ intellectual property;
- Malone used Graffius’ copyrighted content word-for-word;
- Malone used Graffius’ intellectual property commercially, for Malone’s financial gain;
- Malone used a significant amount of Graffius' copyrighted property; and
- Malone did not quote or provide attribution to Graffius, which wrongly leads readers to believe that Malone is the author and owner of Graffius’ copyrighted property.
For the aforementioned reasons, Malone's use of Graffius' IP was not 'fair use' and harmed Graffius' IP.
Evidence is archived. Visuals and additional information follows.
A side-by-side comparison is below. It shows Graffius' 2021 copyrighted content, on the topic of Forming. It also shows what Malone has in his 2022 book on the same topic: Malone uses Graffius' content word-for-word.
A side-by-side comparison is below. It shows Graffius' 2021 copyrighted content, on the topic of Storming. It also shows what Malone has in his 2022 book on the same topic: Malone uses Graffius' content word-for-word.
A side-by-side comparison is below. It shows Graffius' 2021 copyrighted content, on the topic of Norming. It also shows what Malone has in his 2022 book on the same topic: Malone uses Graffius' content word-for-word.
A side-by-side comparison is below. It shows Graffius' 2021 copyrighted content, on the topic of Performing. It also shows what Malone has in his 2022 book on the same topic: Malone uses Graffius' content word-for-word.
A comparison is also delineated next.
🟢 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)."
Conclusion
Robert W. Malone, MD used Scott M. Graffius’ copyrighted ‘Phases of Team Development’ intellectual property in his book. However:
- Malone did not request nor receive permission to use Graffius’ intellectual property;
- Malone used Graffius’ copyrighted content word-for-word;
- Malone used Graffius’ intellectual property commercially, for Malone’s financial gain;
- Malone used a significant amount of Graffius' copyrighted property; and
- Malone did not quote or provide attribution to Graffius, which wrongly leads readers to believe that Malone is the author and owner of Graffius’ copyrighted property.
This article presented facts — including visuals and additional evidence — and a critical analysis of this serious category 2 situation where Malone's unauthorized, word-for-word, commercial, significant amount, and unattributed use of Graffius' copyrighted 'Phases of Team Development' was clearly not 'fair use' and harmed Graffius' intellectual property.
When others have done something not to Malone's liking or wrong, he has been known to publicly criticize them for having "no moral compass." Examples are here and here.
Ensuring the integrity of my intellectual property is paramount. I am resolute in protecting and enforcing my copyrights and other IP rights.
The U.S. Copyright Office informs that: "In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation."
The National Intellectual Property Rights Coordination Center (IPR Center) recently received details on this case. The IPR Center combats copyright infringement and other intellectual property theft and related crimes through coordinated efforts with domestic and international partners. It operates under the auspices of U.S. Immigration and Customs Enforcement (ICE), which is a component of the Department of Homeland Security (DHS).
This case is currently open.
About Scott M. Graffius
Scott M. Graffius, PMP, SA, CSP-SM, CSP-PO, CSM, CSPO, ITIL, LSSGB is an agile project management practitioner, consultant, creator, multi-award-winning author, and international public speaker. Founder and CEO of Exceptional PPM and PMO Solutions™ and subsidiary Exceptional Agility™, he has generated over $1.9 billion for Global Fortune 500 businesses and other organizations he has served. Graffius and content from his books, talks, workshops, and more have been featured and used by Microsoft, Oracle, Broadcom, Cisco, Gartner, Project Management Institute, IEEE, National Academy of Sciences, U.S. Department of Energy, U.S. National Park Service, U.S. Tennis Association, Yale University, and others. He delights audiences with dynamic and engaging talks and workshops on agile project management, AI, video game development, strategic alignment, the science of high performance teams, and more. To date, he's presented sessions at 91 conferences and other events across 25 countries. His full bio is available here.
About Robert W. Malone, MD
Robert Wallace Malone is a physician and biochemist. His early work focused on mRNA technology, pharmaceuticals, and drug repurposing research. He's the author of the bestselling book, Lies My Gov't Told Me: And the Better Future Coming. Malone used Scott M. Graffius’ copyrighted ‘Phases of Team Development’ intellectual property in his book. As delineated in this article, the problem is that Malone did not request nor receive permission to use Graffius’ intellectual property, Malone used Graffius’ copyrighted content word-for-word, Malone used Graffius’ intellectual property commercially (in Malone's book, for his financial gain), Malone used a significant amount of Graffius' copyrighted property, and Malone did not quote or provide attribution to Graffius (which wrongly leads readers to believe that Malone is the author and owner of Graffius’ copyrighted property). For those reasons, Malone's use of Graffius' IP was not 'fair use' and harmed Graffius' IP.
About Book by Robert W. Malone, MD
Malone, Robert W. (2022, December). Lies My Gov't Told Me: And the Better Future Coming. ISBN-13: 978-1510773240. New York City, New York: Skyhorse Publishing.
About Copyright and Other Intellectual Property Rights
For copyright/IP infringement cases, it is recommended that you consult a qualified attorney.
Infringement of copyright and other intellectual property (IP) rights is a deplorable act of intellectual theft, displaying a flagrant disregard for professionalism, morality, ethics, and the law. It undermines the hard work and innovation of others and is a disgraceful, unprofessional, dishonest, immoral, unethical, and illegal practice. IP rights are so important that IP theft is a federal crime.
To learn about copyrights, visit the United States Copyright Office’s website at https://www.copyright.gov.
The Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft publication by the Criminal Division of the U.S. Department of Justice is a good resource.
The Intellectual Property Rights (IPR) Center coordinates the U.S. government’s response to intellectual property crimes. Visit their website at https://www.iprcenter.gov to learn more.
See References/Sources — the next section of this article — for additional information.
References/Sources
Select bibliography:
- Bartlett, Tom (2021, August 12). The Vaccine Scientist Spreading Vaccine Misinformation. The Atlantic. Available at: https://www.theatlantic.com/science/archive/2021/08/robert-malone-vaccine-inventor-vaccine-skeptic/619734/.
- Blaskovic, Andrew K.; Rusk, John-David; Parker, Victor C.; and Payne, Bryson R. (2022). Cybercrime and Intellectual Property Theft: An Analysis of Modern Digital Forensics. In book: Proceedings of the Future Technologies Conference (FTC) 2022, Volume 2. DOI: 10.1007/978-3-031-18458-1_36.
- Dolgin, Elie (2021, September 14). The Tangled History of mRNA Vaccines. Nature. Available at: https://www.nature.com/articles/d41586-021-02483-w.
- Dyer, Jeff; Furr, Nathan; Lefrandt, Chris; and Howell, Taeya (2023, January 17). Innovation Depends on Intellectual Honesty. MIT Sloan Management Review. Available at: https://sloanreview.mit.edu/article/why-innovation-depends-on-intellectual-honesty/.
- Exceptional PPM and PMO Solutions (n.d.). Rate Card for 2023-2024. Available at: https://scottgraffius.com/resources/Exceptional-PPM-and-PMO-Solutions-Rate-Card-for-2023-2024-v23110907.pdf.
- Graffius, Scott M. (2021, January 4). Phases of Team Development (Update for 2021). DOI: 10.13140/RG.2.2.22040.42246.
- Graffius, Scott M. (2021, January 4). Using Bruce Tuckman's Phases of Team Development to Help Your Team Grow and Advance: 2021 Update. Available at: https://www.scottgraffius.com/blog/files/team-21.html.
- Graffius, Scott M. (n.d.). Intellectual Property (IP). Available at: https://www.scottgraffius.com/intellectual-property.html.
- Graffius, Scott M. (n.d.). Public Speaker. Available at: https://scottgraffius.com/publicspeaker.html.
- Hartline, Devlin (2016, September 26). Criminal Copyright Infringement is Crime of "Moral Turpitude." George Mason University Center for Intellectual Property x Innovation Policy. Available at: https://cip2.gmu.edu/2016/09/26/criminal-copyright-infringement-is-crime-of-moral-turpitude/.
- Huppert, Elizabeth; and Levine, Emma (2023, August 31). The Rise of Dishonest Leaders: Causes and Solutions. Academy of Management Perspectives, 37 (3). DOI: 10.5465/amp.2021.0063.
- Kenton, Will (2022, August 23). What Is a Whistleblower? Protections, Law, Importance, and Example. Available at: https://www.investopedia.com/terms/w/whistleblower.asp.
- Malone, Robert W. (2023, August 8). Demonic Nihilism. Substack. Available at: https://rwmalonemd.substack.com/p/demonic-nihilism.
- Malone, Robert W. (2023, January 6). Project Veritas has Broken Pfizer's Gain-of-Function Research Program Wide Open. Substack. Available at: https://rwmalonemd.substack.com/p/project-veritas-has-broken-pfizers.
- Malone, Robert W. (2022, December). Lies My Gov't Told Me: And the Better Future Coming. ISBN-13: 978-1510773240. New York City, New York: Skyhorse Publishing.
- McGregor, Jena. (2017, May 15). More CEOs are Getting Forced Out for Ethical Violations. Washington Post. Available at: https://www.washingtonpost.com/news/on-leadership/wp/2017/05/15/more-ceos-are-getting-forced-out-for-ethics-violations/.
- National Intellectual Property Rights Coordination Center (IPR Center) (n.d.). About the Center. Available at: https://www.iprcenter.gov/about.
- Popomaronis, Tom (2020, August 20). These 11 Famously Disgraced CEOs Have Entered the Reputation Hall of Shame. Entrepreneur. Available at: https://www.entrepreneur.com/business-news/these-11-famously-disgraced-ceos-have-entered-the/354739.
- Rivera, Kristin; and Karlsson, Per-Ola (2017, June 6). CEOs Are Getting Fired for Ethical Lapses More Than They Used To. Harvard Business Review. Available at: https://hbr.org/2017/06/ceos-are-getting-fired-for-ethical-lapses-more-than-they-used-to.
- Smith, Isaac H.; Kouchaki, Maryam; and Wareham, Justin (2021, April 14). The Price Leaders Pay for Cutting Ethical Corners. MIT Sloan Management Review. Available at: https://sloanreview.mit.edu/article/the-price-leaders-pay-for-cutting-ethical-corners/.
- Steffen, Thomas (2019, May 24). For CEOs, Integrity Is the Best Policy. Yale School of Management. Available at: https://insights.som.yale.edu/insights/for-ceos-integrity-is-the-best-policy.
- Sterne, Robert; and Chaplick, Trevor (2005, February). Why Directors Must Take Responsibility for Intellectual Property. Intellectual Asset Management Magazine. Available at: https://www.wsgr.com/PDFSearch/IP_RESPONSIBILTY.pdf.
- Stim, Richard (2024). Patent, Copyright & Trademark: An Intellectual Property Desk Reference (18th Edition). Berkeley, California: Nolo.
- Stubben, Stephen; and Welch Kyle (2018, November 14). Whistleblowers Keep Companies Healthy. Harvard Business Review. Available at: https://hbr.org/2018/11/research-whistleblowers-are-a-sign-of-healthy-companies.
- Thomson Reuters (2022, December 16). Copyright Litigation 101. Available at: https://legal.thomsonreuters.com/blog/copyright-litigation-101/.
- United States Copyright Office (USCO) (n.d.). Can I Use Someone Else's Work? Can Someone Else Use Mine? (Excerpt: "In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation.") Available at: https://copyright.gov/help/faq/faq-fairuse.html.
- United States Copyright Office (USCO) (n.d.). Welcome to the U.S. Copyright Office. Available at: https://www.copyright.gov.
- United States Department of Homeland Security (DHS) (n.d.). Intellectual Property Theft and Commercial Fraud. Available at: https://www.dhs.gov/hsi/investigate/intellectual-property-and-commercial-fraud.
- United States Department of Homeland Security (US DHS) (n.d.). Intellectual Property Rights. Available at: https://www.dhs.gov/intellectual-property-rights.
- United States Department of Justice (DOJ) (n.d.). Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft (Third Edition). Available at: https://www.justice.gov/criminal/criminal-ccips/file/891011/dl.
- United States Department of Justice (DOJ), Office of the Inspector General (OIG) (n.d.). Whistleblower Rights and Protections. Available at: https://oig.justice.gov/hotline/whistleblower-protection.
- United States Patent and Trademark Office (USPTO) (2013, July 24). Copyright Policy, Creativity, and Innovation in the Digital Economy. Available at: https://www.uspto.gov/sites/default/files/news/publications/copyrightgreenpaper.pdf.
- Vitasek, Kate (2022, November 29). The Role of Honesty in Success (and Why Cutting Corners is a Bad Idea). Forbes. Available at: https://forbes.com/sites/katevitasek/2022/11/29/the-role-of-honesty-in-success-and-why-cutting-corners-is-a-bad-idea/.
How to Cite This Article
Graffius, Scott M. (2024, June 6). Robert W. Malone, MD Used Scott M. Graffius’ Copyrighted ‘Phases of Team Development’ in His Book: Facts Reveal That Malone Harmed Graffius’ Intellectual Property. Available at: https://scottgraffius.com/blog/files/ip-theft.html. DOI: 10.13140/RG.2.2.22414.57920.
About Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions
Shifting customer needs are common in today's marketplace. Businesses must be adaptive and responsive to change while delivering an exceptional customer experience to be competitive.
There are a variety of frameworks supporting the development of products and services, and most approaches fall into one of two broad categories: traditional or agile. Traditional practices such as waterfall engage sequential development, while agile involves iterative and incremental deliverables. Organizations are increasingly embracing agile to manage projects, and best meet their business needs of rapid response to change, fast delivery speed, and more.
With clear and easy to follow step-by-step instructions, Scott M. Graffius's award-winning Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions helps the reader:
- Implement and use the most popular agile framework―Scrum;
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- 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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The short link for this article is https://bit.ly/theft-ip
© Copyright 2024 Scott M. Graffius. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of Scott M. Graffius.
Intellectual Property (IP) Theft is a Federal Crime - Featuring a Real Example of IP Infringement and What the IP Owner Did to Enforce His Rights and Protect His Property
16 May 2024
BY SCOTT M. GRAFFIUS | ScottGraffius.com
Including supporting information, this article is organized into nine sections:
Introduction
Intellectual Property (IP) — including copyrights, trademarks, trade secrets, patents, and algorithms — is a strategic asset that provides significant value. IP rights ensure creators can benefit from their hard work, discovery, and innovation. Infringement can damage the marketability and value of the IP.
IP infringement is disgraceful, dishonorable, unprofessional, immoral, unethical, and illegal. IP rights are so important that IP theft is a federal crime.
Scott M. Graffius maintains, enforces, and protects his copyrights and other IP rights. When others infringe on Graffius’ IP rights, situations generally fall into one of two categories:
Most situations fall under category 1. However, some offenders seem determined to make an already bad situation worst; they fall under category 2.
This article covers the news of a recent real example of copyright infringement (a category 2 situation) and what the copyright owner did to protect and enforce his rights. It presents facts including visual evidence and a critical analysis of the details. And the article underscores the importance of remaining vigilant.
Overview of Graffius' Registered Copyright IP
Informed by the research of Bruce W. Tuckman and Mary Ann C. Jensen, over 100 subsequent studies, and Scott M. Graffius' first-hand professional experience with, and analysis of, team leadership and performance, Graffius created his 'Phases of Team Development' IP. It’s a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning. It’s also inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase. Graffius' IP is registered with the United States Copyright Office (USCO).
Project Managers, Scrum Masters, Agile Coaches, DevOps Leads, and other leaders can apply the information in my ‘Phases of Team Development’ to help handle challenges or issues experienced by teams. By doing so, they’ll advance the teams’ (and their own) happiness, productivity, and success.
Graffius initially developed his material in 2008, and he periodically refresh it. His copyright ownership details, and permission request process, is embedded in and appears on the asset.
The 2021 edition of Scott M. Graffius' 'Phases of Team Development' IP is shown above. Again, it's registered with the United States Copyright Office.
Conference organizers, businesses, professional organizations, government agencies, and universities engage Graffius to deliver unique and compelling talks and workshops. To date, he's presented sessions at 90 conferences and other events across 25 countries, and his 'Phases of Team Development' IP is central and key to many of those sessions. His rate card and a listing of his engagements are at https://scottgraffius.com/resources/Exceptional-PPM-and-PMO-Solutions-Rate-Card-for-2023-2024-v23110907.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, organizations around the world have featured and used his 'Phases of Team Development' IP. Select examples include Adobe, American Management Association, Bayer, Boston University, Cisco, Deimos Aerospace, Ford, Hasso Plattner Institute, IEEE, London South Bank University, Microsoft, New Zealand Government, Torrens University Australia, UC San Diego, U.S. National Park Service, U.S. Tennis Association, Yale University, and many others.
A Real Example of Intellectual Property Theft and What IP Owner Graffius Did to Enforce His Rights and Protect His Property
As clearly shown by the facts presented in this article, this situation involves a case of copyright infringement (not 'fair use').
Luca Schnetzler also known as (AKA) Luca Netz, CEO of Pudgy Penguins, posted content on X on May 3, 2024 at https://x.com/LucaNetz/status/1786418972323168631 which violated Scott M. Graffius' intellectual property (IP) rights.
Note: As delineated later in the article, Luca Schnetzler AKA Luca Netz subsequently deleted his infringing post.
The infringing post on X (https://x.com/LucaNetz/status/1786418972323168631) is shown above.
The post by Luca Schnetzler AKA Luca Netz included only two words ("Performing Era") and an image which infringes upon (inappropriate includes) copyright owner Scott M. Graffius' intellectual property. The image above and other visuals in this article support providing the news and a critical analysis of this recent real example of copyright infringement and enforcement.
A zoomed-in view of the infringing post (https://x.com/LucaNetz/status/1786418972323168631) is shown above.
Copyright owner Scott M. Graffius learned of the infringement of his protected intellectual property on May 11, 2024. That same day, Graffius notified Pudgy Penguins CEO Luca Schnetzler AKA Luca Netz. Because Luca Schnetzler AKA Luca Netz did not respond or take any action on this serious matter, Graffius sent multiple communications over the span of several days. Excerpts from one of those notices follows.
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The preceding were excerpts from one of the communications where copyright owner Scott M. Graffius notified Pudgy Penguins CEO Luca Schnetzler AKA Luca Netz of the infringement.
If the infringement was somehow inadvertent, an expected appropriate reaction would be to be embarrassed, to apologize for the violation, and to work to resolve the matter. So, what exactly did Luca Schnetzler AKA Luca Netz do after being notified about this serious matter on May 11, 2024? Initially, he did nothing. After several days — after several communications were presented to him — he finally acted. On May 16, 2024, Luca Schnetzler AKA Luca Netz deleted his infringing post and he blocked copyright owner Graffius (the person whose rights were infringed upon, the same person who reported the matter to Luca Schnetzler AKA Luca Netz).
X’s ‘that post has been deleted’ message is shown above.
X's 'You're blocked' message is shown above.
Among multiple concerns, the infringing post by Luca Schnetzler AKA Luca Netz violated Scott M. Graffius' copyright and it damaged the marketability and value of Graffius' intellectual property.
Rather than apologizing and working to amicably resolve the serious situation, Luca Schnetzler AKA Luca Netz blocked Graffius (the person whose IP rights were infringed upon, the same person who reported the matter to Luca Schnetzler AKA Luca Netz).
Graffius found the behaviour of Luca Schnetzler AKA Luca Netz to be bizarre, unbecoming, and unseemly. The actions of Luca Schnetzler AKA Luca Netz radiated bad vibes, raised more red flags, and made the bad situation worst.
This case — a category 2 — is currently open.
About Scott M. Graffius
Scott M. Graffius, PMP, SA, CSP-SM, CSP-PO, CSM, CSPO, ITIL, LSSGB is an agile project management practitioner, consultant, creator, multi-award-winning author, and international public speaker. Founder and CEO of Exceptional PPM and PMO Solutions™ and subsidiary Exceptional Agility™, he has generated over $1.9 billion for Global Fortune 500 businesses and other organizations he has served. Graffius and content from his books, talks, workshops, and more have been featured and used by Microsoft, Oracle, Broadcom, Cisco, Gartner, Project Management Institute, IEEE, National Academy of Sciences, U.S. Department of Energy, U.S. National Park Service, U.S. Tennis Association, Yale University, and others. He delights audiences with dynamic and engaging talks and workshops on agile project management, AI, video game development, strategic alignment, the science of high performance teams, and more. To date, he's presented sessions at 90 conferences and other events across 25 countries.
His full bio is available here.
About Luca Schnetzler
Luca Schnetzler (also known as Luca Netz) is the Chief Executive Officer of Pudgy Penguins.
About Pudgy Penguins
LSLTTT Holdings, Inc. is doing business as (DBA) "Pudgy Penguins" — a non-fungible token (NFT) collection that also doubles as a web3 intellectual property (IP) company. Based on information from CrunchBase and other sources, Pudgy Penguins' investors include 1kx, Adam Winnick, Big Brain Holdings, Bobby Ong, CRIT Ventures, co-founders of LayerZero Labs (Ryan Zarick and Bryan Pellegrino), Kasey Kasey, Kronos Research, Old Fashion Research, Peter Yuan Pan, and MetaVision International. There may be additional investors.
About Copyright and Other Intellectual Property Rights
For copyright/IP infringement cases, it is recommended that you consult a qualified attorney.
Intellectual Property (IP) is a strategic asset that provides significant value. IP infringement is disgraceful, dishonorable, unprofessional, immoral, unethical, and illegal. IP rights are so important that IP theft is a federal crime.
The U.S. Copyright Office informs that "In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation."
Visit the website of the U.S. Copyright Office at https://www.copyright.gov to learn more about copyrights.
The Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft publication by the Criminal Division of the U.S. Department of Justice is a good resource.
The Intellectual Property Rights (IPR) Center coordinates the U.S. government’s response to intellectual property crimes. Visit their website at https://www.iprcenter.gov to learn more.
See References/Sources — the next section of this article — for additional information.
References/Sources
Select bibliography:
How to Cite This Article
Graffius, Scott M. (2024, May 16). Intellectual Property (IP) Theft is a Federal Crime - Featuring a Real Example of IP Infringement and What the IP Owner Did to Enforce His Rights and Protect His Property. Available at: https://scottgraffius.com/blog/files/ip-rights.html. DOI: 10.13140/RG.2.2.24657.54887.
About Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions
Shifting customer needs are common in today's marketplace. Businesses must be adaptive and responsive to change while delivering an exceptional customer experience to be competitive.
There are a variety of frameworks supporting the development of products and services, and most approaches fall into one of two broad categories: traditional or agile. Traditional practices such as waterfall engage sequential development, while agile involves iterative and incremental deliverables. Organizations are increasingly embracing agile to manage projects, and best meet their business needs of rapid response to change, fast delivery speed, and more.
With clear and easy to follow step-by-step instructions, Scott M. Graffius's award-winning Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions helps the reader:
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.
The short link for this article is https://bit.ly/ip-2024
DOI: 10.13140/RG.2.2.24657.54887. DOI link: https://dx.doi.org//10.13140/RG.2.2.24657.54887.
© Copyright 2024 Scott M. Graffius. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of Scott M. Graffius.
Including supporting information, this article is organized into nine sections:
- Introduction
- Overview of Graffius' Registered Copyright IP
- A Real Example of Intellectual Property Theft and What IP Owner Graffius Did to Enforce His Rights and Protect His Property
- About Scott M. Graffius
- About Luca Schnetzler
- About Pudgy Penguins
- About Copyright and Other Intellectual Property Rights
- References/Sources
- How to Cite This Article
Introduction
Intellectual Property (IP) — including copyrights, trademarks, trade secrets, patents, and algorithms — is a strategic asset that provides significant value. IP rights ensure creators can benefit from their hard work, discovery, and innovation. Infringement can damage the marketability and value of the IP.
IP infringement is disgraceful, dishonorable, unprofessional, immoral, unethical, and illegal. IP rights are so important that IP theft is a federal crime.
Scott M. Graffius maintains, enforces, and protects his copyrights and other IP rights. When others infringe on Graffius’ IP rights, situations generally fall into one of two categories:
- IP owner Graffius notifies the offending party of their infringement and the required remediation, and the matter is resolved; or
- IP owner Graffius notifies the offending party of their infringement and the required remediation, and the offending party’s action/inaction necessitates that qualified attorney and/or the United States government's Intellectual Property Rights (IPR) Center is engaged, and the matter is resolved.
Most situations fall under category 1. However, some offenders seem determined to make an already bad situation worst; they fall under category 2.
This article covers the news of a recent real example of copyright infringement (a category 2 situation) and what the copyright owner did to protect and enforce his rights. It presents facts including visual evidence and a critical analysis of the details. And the article underscores the importance of remaining vigilant.
Overview of Graffius' Registered Copyright IP
Informed by the research of Bruce W. Tuckman and Mary Ann C. Jensen, over 100 subsequent studies, and Scott M. Graffius' first-hand professional experience with, and analysis of, team leadership and performance, Graffius created his 'Phases of Team Development' IP. It’s a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning. It’s also inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase. Graffius' IP is registered with the United States Copyright Office (USCO).
Project Managers, Scrum Masters, Agile Coaches, DevOps Leads, and other leaders can apply the information in my ‘Phases of Team Development’ to help handle challenges or issues experienced by teams. By doing so, they’ll advance the teams’ (and their own) happiness, productivity, and success.
Graffius initially developed his material in 2008, and he periodically refresh it. His copyright ownership details, and permission request process, is embedded in and appears on the asset.
The 2021 edition of Scott M. Graffius' 'Phases of Team Development' IP is shown above. Again, it's registered with the United States Copyright Office.
Conference organizers, businesses, professional organizations, government agencies, and universities engage Graffius to deliver unique and compelling talks and workshops. To date, he's presented sessions at 90 conferences and other events across 25 countries, and his 'Phases of Team Development' IP is central and key to many of those sessions. His rate card and a listing of his engagements are at https://scottgraffius.com/resources/Exceptional-PPM-and-PMO-Solutions-Rate-Card-for-2023-2024-v23110907.pdf and https://scottgraffius.com/publicspeaker.html, respectively.
With an authorization/license from Graffius, organizations around the world have featured and used his 'Phases of Team Development' IP. Select examples include Adobe, American Management Association, Bayer, Boston University, Cisco, Deimos Aerospace, Ford, Hasso Plattner Institute, IEEE, London South Bank University, Microsoft, New Zealand Government, Torrens University Australia, UC San Diego, U.S. National Park Service, U.S. Tennis Association, Yale University, and many others.
A Real Example of Intellectual Property Theft and What IP Owner Graffius Did to Enforce His Rights and Protect His Property
As clearly shown by the facts presented in this article, this situation involves a case of copyright infringement (not 'fair use').
Luca Schnetzler also known as (AKA) Luca Netz, CEO of Pudgy Penguins, posted content on X on May 3, 2024 at https://x.com/LucaNetz/status/1786418972323168631 which violated Scott M. Graffius' intellectual property (IP) rights.
Note: As delineated later in the article, Luca Schnetzler AKA Luca Netz subsequently deleted his infringing post.
The infringing post on X (https://x.com/LucaNetz/status/1786418972323168631) is shown above.
The post by Luca Schnetzler AKA Luca Netz included only two words ("Performing Era") and an image which infringes upon (inappropriate includes) copyright owner Scott M. Graffius' intellectual property. The image above and other visuals in this article support providing the news and a critical analysis of this recent real example of copyright infringement and enforcement.
A zoomed-in view of the infringing post (https://x.com/LucaNetz/status/1786418972323168631) is shown above.
Copyright owner Scott M. Graffius learned of the infringement of his protected intellectual property on May 11, 2024. That same day, Graffius notified Pudgy Penguins CEO Luca Schnetzler AKA Luca Netz. Because Luca Schnetzler AKA Luca Netz did not respond or take any action on this serious matter, Graffius sent multiple communications over the span of several days. Excerpts from one of those notices follows.
[From Scott M. Graffius to Luca Schnetzler AKA Luca Netz]
Intellectual Property (IP) provides significant value. I maintain, enforce, and protect my copyright and other IP rights.
My 'Phases of Team Development' IP is registered with the United States Copyright Office.
Infringement of my 'Phases of Team Development' IP is shown by Pudgy Penguins CEO Luca Schnetzler (known as "Luca Netz") here: https://x.com/LucaNetz/status/1786418972323168631.
(Changing a word here or there does not work.) The infringer did not request nor receive permission to use my copyrighted 'Phases of Team Development.' Additionally, their use did not provide attribution to me. As such, they're falsely leading others to believe that they're the creator and owner of my IP. More info follows.
—————
Informed by the research of Bruce W. Tuckman and Mary Ann C. Jensen, over 100 subsequent studies, and my first-hand professional experience with, and analysis of, team leadership and performance, I created my copyrighted 'Phases of Team Development.' It’s a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning. It’s also inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.
Project Managers, Scrum Masters, Agile Coaches, DevOps Leads, and other leaders can apply the information in my ‘Phases of Team Development’ to help handle challenges or issues experienced by teams. By doing so, they'll advance the teams' (and their own) happiness, productivity, and success.
I initially developed my material in 2008, and I periodically refresh it. I’m honored that businesses, scientists, journalists, professional associations, government agencies, universities, and others around the world have featured my 'Phases of Team Development' IP. Select examples include Adobe, American Management Association, Boston University, Cisco, Ford, Hasso Plattner Institute, IEEE, London South Bank University, Microsoft, Torrens University Australia, UC San Diego, U.S. National Park Service, U.S. Tennis Association, Yale University, and many others.
—————
Infringement of my registered copyright is shown by Pudgy Penguins (@PudgyPenguins) CEO Luca Schnetzler (known as "Luca Netz" - @LucaNetz) here: https://x.com/LucaNetz/status/1786418972323168631.
(Changing a word here or there does not work.) The infringer did not request nor receive permission to use my copyrighted 'Phases of Team Development.' Additionally, their use did not provide attribution to me. As such, they're falsely leading others to believe that they're the creator and owner of my IP. Some of the MANY examples follow.
🟢 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. The infringer is violating my intellectual property (IP) rights.
—————
To wrap up, infringement of my registered copyright is shown by Pudgy Penguins (@PudgyPenguins) CEO Luca Schnetzler (known as "Luca Netz" - @LucaNetz) here: https://x.com/LucaNetz/status/1786418972323168631.
(Changing a word here or there does not work.) The infringer did not request nor receive permission to use my copyrighted 'Phases of Team Development.' Additionally, their use did not provide attribution to me. As such, they're falsely leading others to believe that they're the creator and owner of my IP.
Copyright infringement is dishonorable, disgraceful, unprofessional, immoral, unethical, and illegal.
The infringement has damaged the marketability and value of my 'Phases of Team Development' IP.
The preceding were excerpts from one of the communications where copyright owner Scott M. Graffius notified Pudgy Penguins CEO Luca Schnetzler AKA Luca Netz of the infringement.
If the infringement was somehow inadvertent, an expected appropriate reaction would be to be embarrassed, to apologize for the violation, and to work to resolve the matter. So, what exactly did Luca Schnetzler AKA Luca Netz do after being notified about this serious matter on May 11, 2024? Initially, he did nothing. After several days — after several communications were presented to him — he finally acted. On May 16, 2024, Luca Schnetzler AKA Luca Netz deleted his infringing post and he blocked copyright owner Graffius (the person whose rights were infringed upon, the same person who reported the matter to Luca Schnetzler AKA Luca Netz).
X’s ‘that post has been deleted’ message is shown above.
X's 'You're blocked' message is shown above.
Among multiple concerns, the infringing post by Luca Schnetzler AKA Luca Netz violated Scott M. Graffius' copyright and it damaged the marketability and value of Graffius' intellectual property.
Rather than apologizing and working to amicably resolve the serious situation, Luca Schnetzler AKA Luca Netz blocked Graffius (the person whose IP rights were infringed upon, the same person who reported the matter to Luca Schnetzler AKA Luca Netz).
Graffius found the behaviour of Luca Schnetzler AKA Luca Netz to be bizarre, unbecoming, and unseemly. The actions of Luca Schnetzler AKA Luca Netz radiated bad vibes, raised more red flags, and made the bad situation worst.
This case — a category 2 — is currently open.
About Scott M. Graffius
Scott M. Graffius, PMP, SA, CSP-SM, CSP-PO, CSM, CSPO, ITIL, LSSGB is an agile project management practitioner, consultant, creator, multi-award-winning author, and international public speaker. Founder and CEO of Exceptional PPM and PMO Solutions™ and subsidiary Exceptional Agility™, he has generated over $1.9 billion for Global Fortune 500 businesses and other organizations he has served. Graffius and content from his books, talks, workshops, and more have been featured and used by Microsoft, Oracle, Broadcom, Cisco, Gartner, Project Management Institute, IEEE, National Academy of Sciences, U.S. Department of Energy, U.S. National Park Service, U.S. Tennis Association, Yale University, and others. He delights audiences with dynamic and engaging talks and workshops on agile project management, AI, video game development, strategic alignment, the science of high performance teams, and more. To date, he's presented sessions at 90 conferences and other events across 25 countries.
His full bio is available here.
About Luca Schnetzler
Luca Schnetzler (also known as Luca Netz) is the Chief Executive Officer of Pudgy Penguins.
About Pudgy Penguins
LSLTTT Holdings, Inc. is doing business as (DBA) "Pudgy Penguins" — a non-fungible token (NFT) collection that also doubles as a web3 intellectual property (IP) company. Based on information from CrunchBase and other sources, Pudgy Penguins' investors include 1kx, Adam Winnick, Big Brain Holdings, Bobby Ong, CRIT Ventures, co-founders of LayerZero Labs (Ryan Zarick and Bryan Pellegrino), Kasey Kasey, Kronos Research, Old Fashion Research, Peter Yuan Pan, and MetaVision International. There may be additional investors.
About Copyright and Other Intellectual Property Rights
For copyright/IP infringement cases, it is recommended that you consult a qualified attorney.
Intellectual Property (IP) is a strategic asset that provides significant value. IP infringement is disgraceful, dishonorable, unprofessional, immoral, unethical, and illegal. IP rights are so important that IP theft is a federal crime.
The U.S. Copyright Office informs that "In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation."
Visit the website of the U.S. Copyright Office at https://www.copyright.gov to learn more about copyrights.
The Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft publication by the Criminal Division of the U.S. Department of Justice is a good resource.
The Intellectual Property Rights (IPR) Center coordinates the U.S. government’s response to intellectual property crimes. Visit their website at https://www.iprcenter.gov to learn more.
See References/Sources — the next section of this article — for additional information.
References/Sources
Select bibliography:
- 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.
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How to Cite This Article
Graffius, Scott M. (2024, May 16). Intellectual Property (IP) Theft is a Federal Crime - Featuring a Real Example of IP Infringement and What the IP Owner Did to Enforce His Rights and Protect His Property. Available at: https://scottgraffius.com/blog/files/ip-rights.html. DOI: 10.13140/RG.2.2.24657.54887.
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The short link for this article is https://bit.ly/ip-2024
DOI: 10.13140/RG.2.2.24657.54887. DOI link: https://dx.doi.org//10.13140/RG.2.2.24657.54887.
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