Court Finds Suzanne Shell Owns the Copyright to Parents Guide to the System

The United States District Court for the Northern District of Ohio has confirmed what Suzanne Shell has been claiming all along: That Ms. Shell is the owner of the copyright in Parents Guide to the System. 

Defendant Ray Lautenschlager, who has admitted he operates 
under the non-business alter-ego Ohio Family Rights, has been found liable for wilful copyright infringement of this book in Shell v. Ohio Family Rights, et. al. The images here are from the summary judgment entered against Mr. Lautenschlager.

The basis of this finding is that Ms. Barnes exceeded the authority granted under the license granted to her by Ms. Shell, which invalidates the permissive use, making this entire work an infringement of Ms. Shell's copyright.  

Ray Lautenschlager got it wrong, along with all supporters of Cheryl Barnes, when they called Ms. Shell a liar and a thief for asserting her property rights to this book. All supporters of the plagiarist Cheryl Barnes are now on notice that they may not distribute, display, or share this book without committing copyright infringement. 

Ray Lautenschlager has been left holding the bag for damages awarded to Ms. Shell. Just like his same supporters left Leonard Henderson hold the damages bag for their copyright infringements. Funny, how quickly these so-called family advocates desert their leaders when the rubber hits the road.

Plagiarist Cheryl Barnes has terminal cancer

"If you read the 'Parents Guide to the System' you were helped by Cheryl Barnes." That's what the comment on the gofundme page says.

The lies continue. The truth is, if you read Parents Guide to the System (PGTS), you were helped by Suzanne Shell. Barnes plagiarized Shell's work to produce this book and took sole credit for it. Barnes never demonstrated the ability to create what she wrote without stealing it. She never wrote or published anything else, and built her entire CPS Watch organization and fee-based business exclusively on this plagiarized work.

Once caught, she publicly and repeatedly blamed her victim, badmouthed her victim and denied her theft. She continues to give permission for others to publish this plagiarized work, yet declines to take the risk of publishing it herself, having been dragged into court once already for it. Is the conduct of a good person?

And now Barnes is in hospice, cancer treatments having failed to put her Myeloma in remission. It is reported she is terminal. That's what hospice is for, terminal patients at the end of their lives.

Great sympathetic copy for fundraising, but sadly, not true.

Has Barnes admitted her plagiarism? Not to Ms. Shell, and not as evidenced by her giving permission to Roz McAllister/Ohio Family Rights to publish the book on their web site, for which they are now facing a copyright infringement lawsuit filed by Ms. Shell.

Has Barnes apologized? Repented? Made it right? Ms. Shell reports not. Does Ms. Shell forgive Barnes? Ms. Shell states nobody can forgive someone who doesn't seek it -- that forgiveness requires the wrongdoer to repent and ask forgiveness. Repentance requires acts intended to make the wronged person whole. "It's not in my power to extend forgiveness to someone who doesn't want it," said Ms. Shell. "Nobody has that power. I can, however, extend my sympathy and leave it in God's hands. That's all Ms. Barnes will allow me to do."

It would seem that Barnes has a loyal following, loyal enough to believe and perpetuate her lies about authorship of PGTS. And it seems likely she will take her lies with her to the grave, undoubtedly to perpetuate a legacy of undeserved expertise in the family rights movement. She neglects to mention that the family rights movement was created and defined by none other than Ms. Shell long before Barnes became involved in it and sought help from Ms. Shell -- who was already established as the expert in this field.

Barnes's loyal followers have set up a gofundme account to help her. Let this blog remind readers that Barnes's plagiarism was committed in concert with AFRA's successful attempts to destroy Ms. Shell's business.

If the reader believes that a terminal cancer prognosis makes Barnes deserving of their financial support, please read how she ripped off families during the early CPS Watch days, and take that abhorrent conduct against vulnerable families into consideration when deciding to support her at this time.

As for Ms. Shell, when asked if she would make a donation she responded, "I have no livelihood, no income, no property, and no business, thanks in part to Ms. Barnes. She seems to be more financially secure than I am; however, if she needs me to donate something, she can ask me herself and I'll see what I can do. After all, I did say 'yes' to her requests for help in the past, and she used the help I provided to viciously destroy twenty years of my dedicated work on behalf of families involved with child welfare agencies. I think it's safe to presume she won't ask for my help, again, so the question may be moot."

Like Ms. Shell, we extend our sympathy to Ms. Barnes family, and leave Barnes, herself, in God's hands. We have faith in His justice towards one who so grievously wronged his called servant and thereby denies the opportunity for the person she wronged to forgive her by refusing to repent and ask forgiveness.

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.