Pudgy Penguins CEO Luca Netz Used Scott M. Graffius' Intellectual Property (IP) Without Consent or Credit; That Act was Uncool and Proliferated Bad Vibes

BY SCOTT M. GRAFFIUS | ScottGraffius.com

pudgy-penguins-ceo-luca-netz-used-scott-m-graffius-intellectual-property-(ip)---that-act-was-uncool-and-proliferated-bad-vibes--v1c-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

Scott M. Graffius' Copyrighted 'Phases of Team Development' Copyrighted

Informed by the research of Bruce W. Tuckman and Mary Ann C. Jensen, over 100 subsequent studies, and Scott M. Graffius' first-hand professional experience with, and analysis of, team leadership and performance, Graffius created his ‘Phases of Team Development’ as a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning — inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.

Graffius' intellectual property (IP) is registered with the United States Copyright Office.

Graffius initially developed his ‘Phases of Team Development’ unique material in 2008, and he periodically refreshes it.

For reference, the visual from the edition applicable to this case (4 January 2021 edition) is shown below [Exhibit 1] and is available at:
https://dx.doi.org/10.13140/RG.2.2.22040.42246. The integrated text applies.

scott-m-graffius---phases-of-team-development-2021-update---lr-for-blog-squashed-2

As shown above, Graffius’ copyright ownership details are integrated into and appear on his copyrighted property. Specifically, it reads: "Copyright © 2008-2021 Scott M. Graffius. All rights reserved. For permission requests, contact scott@scottgraffius.com."

Organizations around the world engage Graffius to deliver compelling talks and workshops. To date, he's presented sessions at 91 conferences and other events across 25 countries, including:

  • Armenia,
  • Australia,
  • Brazil,
  • Canada,
  • Czech Republic,
  • Finland,
  • France,
  • Germany,
  • Greece,
  • Hong Kong,
  • Hungary,
  • India,
  • Ireland,
  • Lithuania,
  • Luxembourg,
  • Nepal,
  • Netherlands,
  • New Zealand,
  • Norway,
  • Romania,
  • Sweden,
  • Switzerland,
  • United Arab Emirates,
  • United Kingdom,
  • and the United States.

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.

black_spacer_lr_sq_v3

Pudgy Penguins CEO 'Luca Netz' (Luca Schnetzler) Used
Scott M. Graffius’ Intellectual Property Without Permission or Credit

Luca Schnetzler, who goes by 'Luca Netz,' is the CEO of Pudgy Penguins. As shown below and delineated later in this article, Netz posted content on X which used Graffius' copyrighted property. He did not request nor receive permission, and he did not attribute the IP to Graffius. Netz's use violated Graffius' intellectual property rights. Netz posted the infringing material on 3 May 2024 at https://x.com/LucaNetz/status/1786418972323168631.

Scott M Graffius - Intellectual Property IP Theft is a Federal Crime - v1_3 - Excerpts - View of Infringing Post - LwRes

As shown above, Netz's post included two words and an image. The two words were "Performing Era" and the image included Graffius' IP.

A zoomed-in view of the image is below.

Scott M Graffius - Intellectual Property IP Theft is a Federal Crime - v1_3 - Excerpts - Zoomed In View of Infringing Post - LwRes

Copyright owner Scott M. Graffius discovered the infringement of his intellectual property on 11 May 2024. That day, Graffius notified Netz about the infringement.

Netz failed to respond on this serious matter. For that reason, Graffius sent follow up communications to Netz on his infringing material. Excerpts follow.

[From Scott M. Graffius to Luca Schnetzler AKA Luca Netz]


Intellectual Property (IP) provides significant value. I maintain, enforce, and protect my copyright and other IP rights.


My 'Phases of Team Development' IP is registered with the United States Copyright Office.


Infringement of my 'Phases of Team Development' IP is shown by Pudgy Penguins CEO Luca Schnetzler (known as "Luca Netz") here: https://x.com/LucaNetz/status/1786418972323168631.


(Changing a word here or there does not work.) The infringer did not request nor receive permission to use my copyrighted 'Phases of Team Development.' Additionally, their use did not provide attribution to me. As such, they're falsely leading others to believe that they're the creator and owner of my IP. More info follows.


—————

Informed by the research of Bruce W. Tuckman and Mary Ann C. Jensen, over 100 subsequent studies, and my first-hand professional experience with, and analysis of, team leadership and performance, I created my copyrighted 'Phases of Team Development.' It’s a unique perspective and visual conveying the five phases of team development — Forming, Storming, Norming, Performing, and Adjourning. It’s also inclusive of a graph showing how performance varies by phase, as well as the characteristics and strategies for each phase.


Project Managers, Scrum Masters, Agile Coaches, DevOps Leads, and other leaders can apply the information in my ‘Phases of Team Development’ to help handle challenges or issues experienced by teams. By doing so, they'll advance the teams' (and their own) happiness, productivity, and success.


I initially developed my material in 2008, and I periodically refresh it. I’m honored that businesses, scientists, journalists, professional associations, government agencies, universities, and others around the world have featured my 'Phases of Team Development' IP. Select examples include Adobe, American Management Association, Boston University, Cisco, Ford, Hasso Plattner Institute, IEEE, London South Bank University, Microsoft, Torrens University Australia, UC San Diego, U.S. National Park Service, U.S. Tennis Association, Yale University, and many others.


—————

Infringement of my registered copyright is shown by Pudgy Penguins (@PudgyPenguins) CEO Luca Schnetzler (known as "Luca Netz" - @LucaNetz) here: https://x.com/LucaNetz/status/1786418972323168631.


(Changing a word here or there does not work.) The infringer did not request nor receive permission to use my copyrighted 'Phases of Team Development.' Additionally, their use did not provide attribution to me. As such, they're falsely leading others to believe that they're the creator and owner of my IP. Some of the MANY examples follow.



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Forming includes:
"Displaying eagerness"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Forming includes:
"Displaying eagerness"


🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Forming includes:
"Generally polite tone"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Forming includes:
"Generally polite"


🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Forming includes:
"Sticking to safe topics"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Forming includes:
"Sticking to safe topics"


🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Forming includes:
"Unclear about how one fits in"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Forming includes:
"Unclear about how one fits in"



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Forming includes:
"Some anxiety & questioning"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Forming includes:
"Some anxiety & questioning"


🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"'Taking the 'lead'"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"'Taking the 'lead'"


🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"Being highly visible"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"Being highly visible"


🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"Facilitating introductions"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"Facilitating introductions"



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"Providing the 'big picture'"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"Providing the big picture"



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"Establishing clear expectations"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"Establishing clear expectations"



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Strategies under Forming includes:
"Communicating success criteria"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Strategies under Forming includes:
"Communicating success criteria"



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Performing includes:
"High motivation, trust & empathy"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Performing includes:
"High motivation, trust & empathy"



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Performing includes:
"Individuals defer to team needs"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Performing includes:
"Individuals defer to team needs"



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Performing includes:
"Improved commitment"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Performing includes:
"Improved commitment"



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Adjourning includes:
"Shift to process orientation"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Adjourning includes:
"Shift to process orientation"



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Adjourning includes:
"Sadness"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Adjourning includes:
"Sadness"



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Adjourning includes:
"Recognition of team & individual efforts"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Adjourning includes:
"Recognition of team and individual efforts"



🟢 From my copyrighted 'Phases of Team Development' IP (2021 edition, https://www.scottgraffius.com/blog/files/team-21.html), Characteristics under Adjourning includes:
"Disbanding"


🔴 From the infringement of my copyrighted 'Phases of Team Development' IP shown by Luca Netz (https://x.com/LucaNetz/status/1786418972323168631), Characteristics under Adjourning includes:
"Disbanding"



The preceding are just some of the many examples.


—————

To wrap up, infringement of my registered copyright is shown by Pudgy Penguins (@PudgyPenguins) CEO Luca Schnetzler (known as "Luca Netz" - @LucaNetz) here: https://x.com/LucaNetz/status/1786418972323168631.


(Changing a word here or there does not work.) The infringer did not request nor receive permission to use my copyrighted 'Phases of Team Development.' Additionally, their use did not provide attribution to me. As such, they're falsely leading others to believe that they're the creator and owner of my IP.


Copyright infringement is dishonorable, disgraceful, unprofessional, immoral, unethical, and illegal.


The infringement has damaged the marketability and value of my 'Phases of Team Development' IP.



The indisputable proof shows that Netz's material used Graffius' copyrighted property.

Again, Graffius sent follow up communications to Netz on his infringing material.


On May 16, 2024, Netz not only deleted the infringing post but also blocked Graffius, the very individual whose intellectual property was used without permission or attribution. This action seemingly demonstrated a lack of remorse and an attempt to evade accountability for violating Graffius' intellectual property rights. Netz's move was very uncool.

X’s 'that post has been deleted' message is shown below.

Scott M Graffius - Intellectual Property IP Theft is a Federal Crime - v1_3 - Excerpts - Deleted Infringing Post - LwRes

X's 'You're blocked' message is shown below.

Scott M Graffius - Intellectual Property IP Theft is a Federal Crime - v1_3 - Excerpts - Blocked - LwRes

black_spacer_lr_sq_v3

Conclusion

Graffius' 'Phases of Team Development' is registered with the US Copyright Office.

Pudgy Penguins CEO 'Luca Netz' (Luca Schnetzler) did not request nor receive permission to use Graffius' intellectual property.

Yet, Netz used Graffius' IP and without attribution. Accordingly, Netz's material wrongly led others to falsely believe that Netz is the author and owner of Graffius' respective IP.

Netz's use damaged the marketability and value of Graffius' copyrighted property.

For the aforementioned reasons, Netz's use was not 'fair use' nor otherwise allowed.

After Graffius informed Netz of the violation, Netz eventually deleted his infringing post but also blocked Graffius, the very individual whose intellectual property was used without permission or attribution. Netz's action seemingly demonstrated a lack of remorse and an attempt to evade accountability for violating Graffius' intellectual property rights. Netz's move was very uncool.

Pudgy Penguins CEO Luca Netz Used Scott M Graffius' Intellectual Property - refresh 24101907-G-Uncool - LwRes

Intellectual property (IP) is a strategic asset that provides significant value. IP infringement is disgraceful, dishonorable, unprofessional, immoral, unethical, and illegal. IP rights are so important that IP theft is a federal crime.

Graffius maintains, enforces, and protects his copyright and other IP rights.

If Graffius opts to take legal action against Netz for his violation of Graffius' copyright, the Federal case will include the greater of statutory damages or actual damages, special charges for willful infringement (which has been clarified by the courts to be either "intentional behavior" or merely "reckless behavior"), and additional costs.

Read on see the subsequent section of this article:

  • About Scott M. Graffius,
  • About Luca Schnetzler,
  • About Pudgy Penguins,
  • About Copyright and Other Intellectual Property Rights,
  • References/Sources,
  • How to Cite This Article,
  • and more.

black_spacer_lr_sq_v3

About Scott M. Graffius

Scott_M_Graffius_-_Blue_-_1000x1000_-LwRes

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.

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 Luca Schnetzler

Luca Schnetzler (also known as 'Luca Netz') is the Chief Executive Officer of Pudgy Penguins.

black_spacer_lr_sq_v3

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.

black_spacer_lr_sq_v3

About Copyright and Other Intellectual Property Rights

For copyright/IP infringement cases, it is recommended that you consult a qualified attorney.

Intellectual Property (IP) is a strategic asset that provides significant value. IP infringement is disgraceful, dishonorable, unprofessional, immoral, unethical, and illegal. IP rights are so important that IP theft is a federal crime.

The U.S. Copyright Office informs that "In cases of willful infringement for profit, the U.S. Attorney may initiate a criminal investigation."

Visit the website of the U.S. Copyright Office at
https://www.copyright.gov to learn more about copyrights.

The
Reporting Intellectual Property Crime: A Guide for Victims of Copyright Infringement, Trademark Counterfeiting, and Trade Secret Theft publication by the Criminal Division of the U.S. Department of Justice is a good resource.

The Intellectual Property Rights (IPR) Center coordinates the U.S. government’s response to intellectual property crimes. Visit their website at
https://www.iprcenter.gov to learn more.

See the References/Sources section for additional information.

black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_references

References/Sources

Select bibliography:

  1. 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.
  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. CrunchBase (n.d.). Seed Round – Pudgy Penguins. Available at: https://www.crunchbase.com/funding_round/pudgy-penguins-seed--09980d4f.
  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. Graffius, Scott M. (2021, January 4). Phases of Team Development (Update for 2021). DOI: 10.13140/RG.2.2.22040.42246.
  6. 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.
  7. Graffius, Scott M. (n.d.). Intellectual Property (IP). Available at: https://www.scottgraffius.com/intellectual-property.html.
  8. 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/.
  9. 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.
  10. Kenton, Will (2022, August 23). What Is a Whistleblower? Protections, Law, Importance, and Example. Available at: https://www.investopedia.com/terms/w/whistleblower.asp.
  11. 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/.
  12. National Intellectual Property Rights Coordination Center (IPR Center) (n.d.). About the Center. Available at: https://www.iprcenter.gov/about.
  13. 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.
  14. Pudgy Penguins (n.d.). Available at: https://pudgypenguins.com.
  15. 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.
  16. Sahadi, Jeanne (2019, May 2). When Good Executives Go Bad. CNN Business. Available at: https://www.cnn.com/2019/05/02/success/executives-behaving-badly/index.html.
  17. Schnetzler, Luca (2024, May 3). On May 3, 2024, @LucaNetz (Pudgy Penguins CEO Luca Schnetzler AKA Luca Netz) posted https://x.com/LucaNetz/status/1786418972323168631 on X (formerly known as Twitter). Content in that post infringed on the registered copyright of Scott M. Graffius. On May 16, 2024, Luca Schnetzler AKA Luca Netz deleted his post.
  18. 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/.
  19. 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.
  20. 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.
  21. Stim, Richard (2024). Patent, Copyright & Trademark: An Intellectual Property Desk Reference (18th Edition). Berkeley, California: Nolo.
  22. 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.
  23. Thomson Reuters (2022, December 16). Copyright Litigation 101. Available at: https://legal.thomsonreuters.com/blog/copyright-litigation-101/.
  24. 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.
  25. United States Copyright Office (USCO) (n.d.). Welcome to the U.S. Copyright Office. Available at: https://www.copyright.gov.
  26. 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.
  27. United States Department of Homeland Security (US DHS) (n.d.). Intellectual Property Rights. Available at: https://www.dhs.gov/intellectual-property-rights.
  28. 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.
  29. 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.
  30. 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.
  31. 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/.
  32. Willmer, Sabrina; and Weinstein, Austin (2023, April 18). Tech Firms are Using NDAs to Illegally Muzzle Whistleblowers. Fortune. Available at: https://fortune.com/2023/04/18/tech-nda-illegally-muzzle-whistleblowers-sec/.

black_spacer_lr_sq_v3

scott_m_graffius_-_blog_spacer_-_v23111107_-_cite

How to Cite This Article

Graffius, Scott M. (2024, May 16). Pudgy Penguins CEO Luca Netz Used Scott M. Graffius' Intellectual Property. Available at:
https://scottgraffius.com/blog/files/ip-rights.html.

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

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.

The initial working title for this article was 'Intellectual Property (IP) Theft is a Federal Crime - Featuring a Real Example of IP Infringement and What the IP Owner Did to Enforce His Rights and Protect His Property.' It was updated to 'Pudgy Penguins CEO Luca Netz Used Scott M. Graffius' Intellectual Property.'

This serious case is not yet resolved. If Graffius opts to take legal action against Netz for his violation of Graffius' copyright, the Federal case will include the greater of statutory damages or actual damages, special charges for willful infringement (which has been clarified by the courts to be either "intentional behavior" or merely "reckless behavior"), and additional costs.

Any further updates will appear in this section.

black_spacer_lr_sq_v3

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

Content Acknowledgements

This article used limited excerpts from Netz which demonstrate or are related to the infringement, attributed and used under fair use for news reporting and analysis.

black_spacer_lr_sq_v3

The short link for this article is
https://bit.ly/ip-2024

© Copyright 2024 Scott M. Graffius. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without the express written permission of Scott M. Graffius.



custom - back to main page of blog


Special Report on Intellectual Property [Updated Periodically]

special report on ip 2026 - lwres






This article is updated periodically. It was last updated on December 20, 2025.




Introduction


Copyrights and other intellectual property rights are strategic assets that create significant value. They safeguard creative works, which fosters innovation and enables creators to benefit from their efforts.

Scott M. Graffius’ intellectual property has been legitimately featured and relied upon by businesses, professional associations, government agencies, universities, and others worldwide.




Hundreds of Organizations Around the World Use and Rely Upon Scott M. Graffius' Intellectual Property



With authorization/license from Graffius, hundreds of businesses, professional associations, government agencies, and universities around the world have legitimately featured and relied upon his intellectual property. Examples include:

  • Adobe,
  • American Management Association,
  • Amsterdam Public Health Research Institute,
  • Bayer,
  • Boston University,
  • Broadcom,
  • Cisco,
  • Constructor University Germany,
  • DevOps Institute,
  • Ford Motor Company,
  • Hasso Plattner Institute,
  • IEEE,
  • Microsoft,
  • Oracle,
  • US National Park Service,
  • US Tennis Association,
  • UC San Diego,
  • UK Sports Institute,
  • University of Galway Ireland,
  • Yale University,
  • and many more.




However, Some Others Engage in Plagiarism, Copyright Infringement, or Additional Bad Acts


enforcing-intellectual-property-rights---v251217-lwres

Some other entities have engaged in plagiarism, copyright infringement, or additional bad acts. Graffius vigorously enforces and protects his copyrights and other intellectual property rights. These situations demand awareness, transparency, and action—not silence. Accordingly, such entities are listed, with links to detailed facts, to uphold Graffius’ intellectual property rights and deter future violations. Examples of open cases follow.




Auditore, Vanessa



See the entry on this list,
Vanessa Auditore Infringed on Scott M. Graffius' Intellectual Property Rights




Astrid Frotjold - The University of Sydney Susan Wakil School of Nursing and Midwifery, Faculty of Medicine and Health, Sydney, Australia


See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




AuthorHouse / Author Solutions / The Najafi Companies, Publisher of Infringing Publication, Failed to Act When Notified of Copyright Infringement


Read
AuthorHouse / Author Solutions / The Najafi Companies




Bloomfield, Jacqueline - The University of Sydney Susan Wakil School of Nursing and Midwifery, Faculty of Medicine and Health, Sydney, Australia



See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Boston Scientific Corporation Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



Read
Boston Scientific Corporation




Bournemouth University Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



Read
Bournemouth University




BJSS Company Infringed on Scott M. Graffius' Intellectual Property Rights



See the entry on this list,
CGI Subsidiary BJSS Infringing on Scott M. Graffius' Intellectual Property Rights




Carl Schneider - The University of Sydney School of Pharmacy, Faculty of Medicine and Health, Sydney, Australia



See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




CertiProf Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



Read
CertiProf




CGI Subsidiary BJSS Infringing on Scott M. Graffius' Intellectual Property Rights



BJSS infringed on Graffius' copyright, and that serious intellectual property matter was unresolved when
CGI acquired BJSS on 25 February 2025, so CGI is responsible for BJSS' violation of Graffius' intellectual property. Read Notice to CGI of Infringement of Scott M. Graffius' Intellectual Property and Damages, and Second Notice to CGI of Infringement of Scott M. Graffius' Intellectual Property and Related Damages




Christie van Diggele - Faculty of Medicine and Health, The University of Sydney, Sydney, Australia



See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Christopher Roberts - Honorary Professor of Medical Education, The University of Sydney School of Medicine, Faculty of Medicine and Health, Sydney, Australia



See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Comparative Methodological Guidelines: Handbook for Educators' Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



Read
Comparative Methodological Guidelines: Handbook for Educators




Dame Leadership Infringed on Scott M. Graffius' Intellectual Property Rights


Read about
Dame Leadership at copyright-infringement-notice-for-dame-leadership.pdf and https://www.ScottGraffius.com/resources/copyright-infringement-notice-for-dame-leadership.pdf




Ethiopian Airlines Infringed on Scott M. Graffius' Intellectual Property Rights



Read
Notice to Ethiopian Airlines of Infringement of Scott M. Graffius’ Intellectual Property and Damages




Emma Güneş Plagiarized Scott M. Graffius' Copyrighted Property



Read
Güneş, Emma (Innovation Showcase - Landed)




Frotjold, Astrid - The University of Sydney Susan Wakil School of Nursing and Midwifery, Faculty of Medicine and Health, Sydney, Australia



See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Güneş, Emma



See the entry on this list,
Emma Güneş Plagiarized Scott M. Graffius' Copyrighted Property




Howard, Rosa - The University of Sydney School of Medicine, Faculty of Medicine and Health, Sydney, Australia


See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Institute of Public Administration (IPA) / The Academy for Developing Administrative Leaders (ADAL) / Lee Kuan Yew School of Public Policy (LKY) / National University of Singapore (NAS) Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



Details coming soon.




Jacqueline Bloomfield - The University of Sydney Susan Wakil School of Nursing and Midwifery, Faculty of Medicine and Health, Sydney, Australia



See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Lane, Stuart - The University of Sydney Medical School, Head of Intensive Care Medicine, Sydney Medical School, Australia; Senior Staff Specialist in Intensive Care Medicine, Nepean Hospital, Australia


See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Luca Netz



See the entry on this list,
Luca Schnetzler (aka "Luca Netz"), CEO of Pudgy Penguins, Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Luca Schnetzler (aka "Luca Netz"), CEO of Pudgy Penguins, Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights


Read
Schnetzler, Luca




Malone, Robert, W.



See the entry on this list,
Robert W. Malone Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




National Health Service (NHS) Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



Read
National Health Service (NHS)




Netz, Lusa



See the entry on this list,
Luca Schnetzler (aka "Luca Netz"), CEO of Pudgy Penguins, Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




NHS



See the entry on this list,
National Health Service (NHS) Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Oliver Laasch Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



Sage Publications Inc. is the publisher of the infringing publication, Principles of Management: Practicing Ethics, Responsibility, Sustainability by Oliver Laasch. More details to follow.




Owners Corporation X Pty Ltd Infringed on Scott M. Graffius' Intellectual Property Rights


Read
Notice to Owners Corporation X Pty Ltd of Infringement of Scott M. Graffius’ Intellectual Property and Related Damages and Second Notice to Owners Corporation X Pty Ltd of Infringement of Scott M. Graffius’ Intellectual Property and Related Damages




Pennsylvania State Agency Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



Read
Pennsylvania State Agency




Robert W. Malone Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



Read
Malone, Robert W.




Roberts, Christopher - Honorary Professor of Medical Education, The University of Sydney School of Medicine, Faculty of Medicine and Health, Sydney, Australia



See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Rosa Howard - The University of Sydney School of Medicine, Faculty of Medicine and Health, Sydney, Australia



See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Schneider, Carl - The University of Sydney School of Pharmacy, Faculty of Medicine and Health, Sydney, Australia



See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Schnetzler, Luca



See the entry on this list,
Luca Schnetzler (aka "Luca Netz"), CEO of Pudgy Penguins, Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Stuart Lane - The University of Sydney Medical School, Head of Intensive Care Medicine, Sydney Medical School, Australia; Senior Staff Specialist in Intensive Care Medicine, Nepean Hospital, Australia


See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Sydney University Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Toastmasters Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



Read
Toastmasters




TurningWest Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



Read
TurningWest




UK Versity Online Limited Infringed on Scott M. Graffius' Intellectual Property Rights



Read
Notice to UK Versity Online Limited of Infringement of Scott M. Graffius' Intellectual Property and Damages and Second Notice to UK Versity Online Limited of Infringement of Scott M. Graffius' Intellectual Property and Related Damages




University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights



The offending authors of the infringing publication are:

Jacqueline Bloomfield - The University of Sydney Susan Wakil School of Nursing and Midwifery, Faculty of Medicine and Health, Sydney, Australia; Christie van Diggele - Faculty of Medicine and Health, The University of Sydney, Sydney, Australia; Astrid Frotjold - The University of Sydney Susan Wakil School of Nursing and Midwifery, Faculty of Medicine and Health, Sydney, Australia; Carl Schneider - The University of Sydney School of Pharmacy, Faculty of Medicine and Health, Sydney, Australia; Rosa Howard - The University of Sydney School of Medicine, Faculty of Medicine and Health, Sydney, Australia; Christopher Roberts - Honorary Professor of Medical Education, The University of Sydney School of Medicine, Faculty of Medicine and Health, Sydney, Australia; Stuart Lane - The University of Sydney Medical School, Head of Intensive Care Medicine, Sydney Medical School, Australia; Senior Staff Specialist in Intensive Care Medicine, Nepean Hospital.

Read
University of Sydney Faculty Commit Egregious Plagiarism and Copyright Infringement – Institutional Whitewash Rejected in Full [Formerly Titled: Notice to European Society of Medicine and Offending Authors: Infringement of Scott M. Graffius’ Intellectual Property and Damages]

And
Email 1 from Australian Government Agency — Tertiary Education Quality and Standards Agency (TEQSA)

And
Email 2 from Australian Government Agency TEQSA




van Diggele, Christie - Faculty of Medicine and Health, The University of Sydney, Sydney, Australia



See the entry on this list,
University of Sydney Faculty Plagiarized Scott M. Graffius' Copyrighted Property and Infringed on His Intellectual Property Rights




Vanessa Auditore Infringed on Scott M. Graffius' Intellectual Property Rights



Read
Auditore, Vanessa / SuccessHQ.com.au / Success HQ Pty Ltd, copyright-infringement-notice-for-vanessa-auditore.pdf, and https://www.ScottGraffius.com/resources/copyright-infringement-notice-for-vanessa-auditore.pdf




This is not an exhaustive list.





The short link for this article is https://bit.ly/ip-report




Copyright

Copyright © Scott M. Graffius. All rights reserved.

Content on this site—including text, images, videos, and data—may not be used for training or input into any artificial intelligence, machine learning, or automatized learning systems, or published, broadcast, rewritten, or redistributed without the express written permission of Scott M. Graffius.







custom - back to main page of blog