Plagiarize

: to steal and pass off (the ideas or words of another) as one's own : use (another's production) without crediting the source


: to commit literary theft : present as new and original an idea or product derived from an existing source

Barnes’s book, “Parent’s Guide to the System” is copyright 2000 and 2004 Cheryl Barnes and CPS Watch, Inc. However, it is not registered with the copyright office. It is plagiarized from Suzanne Shell's works. 

From the lawsuit Shell v. AFRA 09CV00309 In the United States District Court District of Colorado

On or about August 15, 2000, Barnes sent Shell an unsolicited email requesting a written copy of her Case Management Plan to include in CPS Watch’s Member’s Technical Assistance Bulletin. Barnes had attended a VOCAL/FRONT conference where Shell had Shell told her she could use if she properly attributed it to Shell and did not charge for it.

In her email Barnes promised to give Shell full credit and to include Shell's web site address. Shell agreed on the condition that Barnes include the full copyright notice. On August 21, 2000, Barnes requested Shell to send the document as a WordPerfect file which Shell did. This outline was created by Shell in Colorado, and formed the basis for Barnes' subsequent publication Parent’s  Guide to the System which violated the express license terms. Barnes did not give Shell credit, she did not include links to Shell's web site or shell's copyright notice, and Barnes charged $9.95 for the book. Now she gives it away for free, but the other terms have not been met. This is an ongoing infringement.


An examination of the book reveals that Barnes did not give Shell credit for anything in the book.


Barnes, CPS Watch, Inc.,Thompson and Howard disseminated and published Barnes book, A Parent’s Guide to the System, since 2000 and sold it to the public for $9.95. A Parent’s Guide to the System was a book which was distributed to the general public, distinctly different from the proposed Technical Assistance Bulletin purported to be distributed only to CPS Watch members. 


This book is also recommended and disseminated by AFRA members on their forums. There
are links to this book on the AFRA defendants’s web sites. This book is an impermissive derivative work of Shell's unpublished copyrighted (registration ¶834.g here) works (see ¶679 et. seq. here ) that violates her express licence agreement with Barnes. 


The content in this book was heretofore unknown by Barnes, who had never demonstrated even the most minimal understanding of how to deal with the issues associated with child welfare. 

The most recent infringements occur when new members join the CPS Watch Yahoo! group. 

When [member] joined this group in 2008, [Member] was sent an electronic copy of this book upon their membership being accepted, with instructions to read it. This publication has been automatically sent to the new members.  It is also posted in the CPS Watch group files section and members are constantly referred to that document and told to download it. 


By creating an impermissive derivative work from Shell's content without properly attributing to her or otherwise complying with the license terms, defendant Barnes and CPS Watch effectively abrogated to herself and CPS Watch, Shell's  important right of first publication, a marketable subsidiary right. This is an ongoing infringement.

On or about August 29, 2000, Barnes summarily removed Shell from all CPSWatch online interactive groups, without explanation, intentionally concealing her infringing violation of the license agreement and her reverse passing off from from Shell. All of Shell's attempts to resubscribe to CPS Watch groups were refused. A Parent’s Guide to the System was subsequently published and sold for $9.95 via Barnes's groups and web site. Her business methods were based on it and other information she obtained from Shell. She did not devise the strategies CPS Watch uses in less than two weeks, much less without having access to Shell's materials. This book contains the planted false information described above.

When Shell finally obtained a copy of Parent’s Guide to the System in 2005, it was provided to her from a Colorado resident who had ordered it from Barnes, and who contacted Shell saying she was concerned that it looked like Shell's work.

Barnes’s strategies are comprised of what Shell has published and what Barnes has appropriated from Shell. However, Shell has never published any of her strategies to their logical and favorable conclusions. As a result, without that information from me, Barnes is relegated to limping along with only a partial remedy. Consequently, she has been forced to condemn as ineffective or dangerous certain of the methods that she cannot figure out how bring to the favorable conclusion. Barnes can copy, she can research, she cannot innovate or postulate.

As an example, on November 8, 2008, Barnes published on CPSWatch that Barnes and Shell had had a debate. Barnes wrote, “ I presented case after case stating that schools HAVE to let CPS see your children. Her side was basically that three nameless attorneys told her she was right. When I was clearly winning the debate - she decided she was too sick to continue the conversation.”

This is a false representation. Shell's 4th Amendment letter was the catalyst of this debate. Barnes did not understand how that letter could be used to prevent CPS from interviewing children at school. Shell was not going to reveal her methods for bringing this issue to the favorable conclusion and help Barnes improve her practice because Barnes had a propensity to steal Shell's Intellectual Property and call it her own. This only shows she cannot figure out what Shell has figured out, so she must condemn it.

Barnes has a history of taking credit for outcomes for which she is not responsible. For example, on April 11, 2003, CPS Watch and Barnes took credit for legislation passed in the Missouri legislature increasing case worker accountability, improving due process for parents, increasing scrutiny over foster care. Barnes falsely published to all online groups, “The reform package comes after years of lobbying by CPS Watch. . .”

In fact, the lobbying was done by Deanna Gallager, whom CPS Watch refused to work with. Ms. Gallager was working with Missouri Council for Children at Risk and Brenda Browning.

Recently, on CPS Watch Yahoo! Group, a member praised Barnes for her recommendations about follow-up letters which were originated by Shell. Barnes had received this information as part of the Case Management handout. The member call Barnes a genius for coming up with that idea. Barnes basked in the adulation and graciously thanked the member, but never once revealed that Shell had created that strategy and that she, Barnes, had stolen it and passed it off as her own.

Shell had been receiving regular complaints by consumers that Barnes and CPS Watch had taken their money and never delivered the advertised products or services. This has been an ongoing issue. On June 18, 2002, James (LNU) contacted Shell via email to voice his support for her and say that he had a “Lil Tiff” back 2 years ago over a CPS Watch membership problem which was NEVER rectified.”

LBE also reported to Shell that she paid for membership, book (Parent’s Guide to the System) and subscription to the magazine TCB Chronicles and never received the publications.

Shell reports that sales of her book, Profane Justice, were affected because consumers who had paid for Barnes' book had never received it, and expressed their reluctance to get ripped off again by another author in the family rights movement.