Scott M. Graffius' Intellectual Property Was Utilized by Robert W. Malone, MD

Robert W Malone MD Incorporated  the intellectual property created and owned by Scott M Graffius in his book - v  Sept 6 2024 - v4G - LwRes

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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.

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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.

Graffius-v-Malone-24060607G-Exhibits-5-LwRes

Here’s another macro/wide view of Graffius' respective 2021 IP, showing the main body of the article.

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Here’s a zoomed-in view of Graffius' respective 2021 IP, showing the applicable text.

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Here’s a zoomed-in view of Graffius' respective 2021 IP, showing his copyright information.

Graffius-v-Malone-24060607G-Exhibits-9-LwRes

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.

Scott M Graffius - Delivered 91 Talks and Workshops Across 25 Countries - v June 6 2024 - LwRes

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

Graffius-v-Malone-24060607G-Exhibits-8-LwRes

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.

Graffius-v-Malone-24060607G-Exhibits-1-LwRes

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.

Graffius-v-Malone-24060607G-Exhibits-2-LwRes

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.

Graffius-v-Malone-24060607G-Exhibits-3-LwRes

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.

Graffius-v-Malone-24060607G-Exhibits-4-LwRes

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.

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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.
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About Scott M. Graffius

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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.

Scott M Graffius on X - SG on X Design 2 - v Feb 7 2024 - LwRes

Scott M Graffius - Impact_com Platform for Influencers and Affiliates - v April 7 2024 - rev April 10 2024 - LwRes

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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.

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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.

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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.

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References/Sources

Select bibliography:

  1. 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/.
  2. 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.
  3. Dolgin, Elie (2021, September 14). The Tangled History of mRNA Vaccines. Nature. Available at: https://www.nature.com/articles/d41586-021-02483-w.
  4. 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/.
  5. 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.
  6. Graffius, Scott M. (2021, January 4). Phases of Team Development (Update for 2021). DOI: 10.13140/RG.2.2.22040.42246.
  7. 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.
  8. Graffius, Scott M. (n.d.). Intellectual Property (IP). Available at: https://www.scottgraffius.com/intellectual-property.html.
  9. Graffius, Scott M. (n.d.). Public Speaker. Available at: https://scottgraffius.com/publicspeaker.html.
  10. 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/.
  11. 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.
  12. Kenton, Will (2022, August 23). What Is a Whistleblower? Protections, Law, Importance, and Example. Available at: https://www.investopedia.com/terms/w/whistleblower.asp.
  13. Malone, Robert W. (2023, August 8). Demonic Nihilism. Substack. Available at: https://rwmalonemd.substack.com/p/demonic-nihilism.
  14. 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.
  15. 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.
  16. 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/.
  17. National Intellectual Property Rights Coordination Center (IPR Center) (n.d.). About the Center. Available at: https://www.iprcenter.gov/about.
  18. 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.
  19. 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.
  20. 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/.
  21. 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.
  22. 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.
  23. Stim, Richard (2024). Patent, Copyright & Trademark: An Intellectual Property Desk Reference (18th Edition). Berkeley, California: Nolo.
  24. 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.
  25. Thomson Reuters (2022, December 16). Copyright Litigation 101. Available at: https://legal.thomsonreuters.com/blog/copyright-litigation-101/.
  26. 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.
  27. United States Copyright Office (USCO) (n.d.). Welcome to the U.S. Copyright Office. Available at: https://www.copyright.gov.
  28. 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.
  29. United States Department of Homeland Security (US DHS) (n.d.). Intellectual Property Rights. Available at: https://www.dhs.gov/intellectual-property-rights.
  30. 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.
  31. 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.
  32. 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.
  33. Vitasek, Kate (2022, November 29). The Role of Honesty in Success (and Why Cutting Corners is a Bad Idea). Forbes. Available at: https://forbes.com/sites/katevitasek/2022/11/29/the-role-of-honesty-in-success-and-why-cutting-corners-is-a-bad-idea/.
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How to Cite This Article

Graffius, Scott M. (2024, June 6). Scott M. Graffius' Intellectual Property Was Utilized by Robert W. Malone, MD. Available at:
https://scottgraffius.com/blog/files/ip-theft.html.

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About Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions

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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

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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.



custom - back to main page of blog


TurningWest's 'Trial'

BY SCOTT M. GRAFFIUS | ScottGraffius.com

ScottGraffius_Com - TurningWests Trial - Lady Justice - LwRes



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If there's an update after this article is published, the information will appear in the Post-Publication Notes section.

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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.

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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.

Scott M Graffiius - Phases of Team Development - 2021 Edition - Copyright Scott M Graffius - All Rights Reserved - blg LwRes

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.

Scott M Graffius has delivered 91 talks and workshops across 25 countries - passport style - LwRes

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.

TurningWest Scandal - Blg Hdr - SQ2 - LwRes

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 v TurningWest Goodwin - Exhibit 2 - LwRes

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.

Graffius v TurningWest Goodwin - Exhibit X - 3 - LwRes

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.

Graffius v TurningWest Goodwin - Exhibit X - 4 - LwRes

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.

Graffius v TurningWest Goodwin - Exhibit X - 5 - LwRes

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.

Graffius v TurningWest Goodwin - Exhibit X - 6 - LwRes

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.

Graffius v TurningWest Goodwin - Exhibit X - 7 - LwRes

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.

TurningWest Infringement - Creative - Lady Justice - Holding iPhone - LwRes

If there's an update after this article is published, the information will appear in the Post-Publication Notes section.

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About Scott M. Graffius


Scott_M_Graffius_-_Blue_-_1000x1000_-LwRes

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.

IEEE Xplore Publication Featured Scott M Graffius Phases of Team Development Work - rev Sept 19 2024 - HiRes

Scott M. Graffius' 'Phases of Team Development' Featured by ATACC at TBS24 Conference - LwRes2

UC San Diego Features Scott M Graffius Intellectual Property on Teamwork - Geisel - Creative 24101007 - LwRes

Johns Hopkins University Features Work of Scott M Graffius - v24080107 - Tw - LwRes

Semiconductor manufacturing firm Lam Research features Scott M Graffius’ ‘Phases of Team Development’ Intellectual Property - Tw Sz Format - LwRes

Bayer Licensed IP of Agile Expert Scott M Graffius - AgileScrumGuide_com - LwRes

Scott M Graffius on X - SG on X Design 2 - v Feb 7 2024 - LwRes

Scott M Graffius - Impact_com Platform for Influencers and Affiliates - v April 7 2024 - rev April 10 2024 - LwRes

black_spacer_lr_sq_v3

About Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions

Scott_M_Graffius_Agile_Scrum_v22123007_LR_1000x1000_sq

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.



black_spacer_lr_sq_v3

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

Scott_M_Graffius_Agile_Transformation_LR_1000x505

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.



black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_cite

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.

black_spacer_lr_sq_v3

spacer-post-publication-notes-1000pxw

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.

black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_x---rev-24101207---content-acknowledgements---lwres

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.

black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_x---rev-24101207---copyright---lwres

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.


black_spacer_lr_sq_v3

A PDF of this article is
here

The short link for this article is
https://bit.ly/turningwest



custom - back to main page of blog


TurningWest's 'Trial'

BY SCOTT M. GRAFFIUS | ScottGraffius.com

ScottGraffius_Com - TurningWests Trial - Lady Justice - LwRes



black_spacer_lr_sq_v3

If there's an update after this article is published, the information will appear in the Post-Publication Notes section.

black_spacer_lr_sq_v3

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.

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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.

Scott M Graffiius - Phases of Team Development - 2021 Edition - Copyright Scott M Graffius - All Rights Reserved - blg LwRes

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.

Scott M Graffius has delivered 91 talks and workshops across 25 countries - passport style - LwRes

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.

TurningWest Scandal - Blg Hdr - SQ2 - LwRes

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 v TurningWest Goodwin - Exhibit 2 - LwRes

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.

Graffius v TurningWest Goodwin - Exhibit X - 3 - LwRes

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.

Graffius v TurningWest Goodwin - Exhibit X - 4 - LwRes

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.

Graffius v TurningWest Goodwin - Exhibit X - 5 - LwRes

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.

Graffius v TurningWest Goodwin - Exhibit X - 6 - LwRes

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.

Graffius v TurningWest Goodwin - Exhibit X - 7 - LwRes

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.

TurningWest Infringement - Creative - Lady Justice - Holding iPhone - LwRes

If there's an update after this article is published, the information will appear in the Post-Publication Notes section.

black_spacer_lr_sq_v3

About Scott M. Graffius


Scott_M_Graffius_-_Blue_-_1000x1000_-LwRes

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.

IEEE Xplore Publication Featured Scott M Graffius Phases of Team Development Work - rev Sept 19 2024 - HiRes

Scott M. Graffius' 'Phases of Team Development' Featured by ATACC at TBS24 Conference - LwRes2

UC San Diego Features Scott M Graffius Intellectual Property on Teamwork - Geisel - Creative 24101007 - LwRes

Johns Hopkins University Features Work of Scott M Graffius - v24080107 - Tw - LwRes

Semiconductor manufacturing firm Lam Research features Scott M Graffius’ ‘Phases of Team Development’ Intellectual Property - Tw Sz Format - LwRes

Bayer Licensed IP of Agile Expert Scott M Graffius - AgileScrumGuide_com - LwRes

Scott M Graffius on X - SG on X Design 2 - v Feb 7 2024 - LwRes

Scott M Graffius - Impact_com Platform for Influencers and Affiliates - v April 7 2024 - rev April 10 2024 - LwRes

black_spacer_lr_sq_v3

About Agile Scrum: Your Quick Start Guide with Step-by-Step Instructions

Scott_M_Graffius_Agile_Scrum_v22123007_LR_1000x1000_sq

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.



black_spacer_lr_sq_v3

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

Scott_M_Graffius_Agile_Transformation_LR_1000x505

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.



black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_cite

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.

black_spacer_lr_sq_v3

spacer-post-publication-notes-1000pxw

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.

black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_x---rev-24101207---content-acknowledgements---lwres

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.

black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_x---rev-24101207---copyright---lwres

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.


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Bournemouth University Used Scott M. Graffius’ Intellectual Property

BY SCOTT M. GRAFFIUS | ScottGraffius.com



Bournemouth University Used Scott M Graffius’ Intellectual Property - LwRes

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If there's an update after this article is published, the information will appear in the Post-Publication Notes section.

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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.

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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.

Graffius v Bournemouth University - Exhibit 1 - Graffius' Copyrighted 'Phases of Team Development' - LwRes

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.

scott-m-graffius-has-delivered-91-talks-and-workshops-across-25-countries---passport-style---lwres

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.

COPYRIGHT INFRINGEMENT - WHITE TEXT ON RED BACKGROUND - LwRes

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.

Bournemouth University Used Scott M Graffius’ Intellectual Property - Exhibit 2 - Programme - LwRes

Exhibit 3 is below. It shows pages 1 and 7 of the infringing document.

Bournemouth University Used Scott M Graffius’ Intellectual Property - Exhibit - 3 - Infringing Material - LwRes

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.

Bournemouth University Used Scott M Graffius’ Intellectual Property - Exhibit-X - 4 - Side-by-Side - LwRes

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:

  1. 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.
  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.
  3. 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.

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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.

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About Scott M. Graffius


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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.

IEEE Xplore Publication Featured Scott M Graffius Phases of Team Development Work - rev Sept 19 2024 - HiRes

Scott M. Graffius' 'Phases of Team Development' Featured by ATACC at TBS24 Conference - LwRes2

UC San Diego Features Scott M Graffius Intellectual Property on Teamwork - Geisel - Creative 24101007 - LwRes

Johns Hopkins University Features Work of Scott M Graffius - v24080107 - Tw - LwRes

Semiconductor manufacturing firm Lam Research features Scott M Graffius’ ‘Phases of Team Development’ Intellectual Property - Tw Sz Format - LwRes

Bayer Licensed IP of Agile Expert Scott M Graffius - AgileScrumGuide_com - LwRes

Scott M Graffius on X - SG on X Design 2 - v Feb 7 2024 - LwRes

Scott M Graffius - Impact_com Platform for Influencers and Affiliates - v April 7 2024 - rev April 10 2024 - LwRes

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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.

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.
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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.

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Scott_M_Graffius_-_Blog_Spacer_-_v23111107_-_X - rev 24101207 - Content Acknowledgements - LwRes

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.

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Scott_M_Graffius_-_Blog_Spacer_-_v23111107_-_X - rev 24101207 - Copyright - LwRes

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.




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