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Hasbro Finally Drops Scrabulous Lawsuit
Posted by
Soulskill
on Wed Dec 17, 2008 06:15 AM
from the triple-word-score dept.
from the triple-word-score dept.
The Associated Press reports that Hasbro Inc. has now dropped the lawsuit it launched earlier this year against Rajat and Jayant Agarwalla, the creators of Scrabulous, a Scrabble clone that found a sizable following on Facebook. We previously discussed Scrabulous' return to Facebook under a different name, as well as the "official" Scrabble client, which was not exactly well received. Hasbro's IP rights to the game are limited to North America, and the AP story adds: "Mattel, which owns the rights to Scrabble outside of North America, filed a lawsuit against the brothers in India claiming violations of intellectual property. It was not immediately clear what the status of that lawsuit is."
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Hasbro Sues Makers of Scrabble-Like Scrabulous 395 comments
Dekortage writes "As today's lawsuit indicates, Hasbro has apparently had enough of Scrabulous, the online word game remarkably similar to Scrabble. Filed in New York, Hasbro's suit is against Rajat and Jayant Agarwalla, brothers from Kolkata, India, and asks the court to remove the Scrabulous application from Facebook, disable the Scrabulous.com web site, and grant damages and attorneys fees to Hasbro. Why did Hasbro tale so long to 'protect' its intellectual property rights in court? They waited 'in deference to the fans' until EA had launched the official Scrabble Facebook app earlier this month. EA's version has netted fewer than ten thousand players, versus Scrabulous' estimated 2.3 million. This was the next logical step for Hasbro after filing DMCA takedown notices against Scrabulous in January."
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Scrabulous Is Dead, Hasbro's Version Brain-Dead 395 comments
eldavojohn writes "Sometime this morning, Facebook shut down Scrabulous to American and Canadian users. Scrabulous, we hardly knew ye." This is sadly unsurprising, now that Hasbro's finally taken legal action against the developers, after quite a few months of letting it go unmolested. Seems like they waited until there was an official Scrabble client available (also on Facebook), while the snappy and fuller-featured Scrabulous kept people interested in a 60-year-old board game. The official client, which is at least labeled a beta, is a disappointment. This is not a Google-style beta release, note: it's slow to load, confusing, and doesn't even offer the SOWPODS word list as an option, only the Tournament Word List and a list based on the Merriam-Webster dictionary. (Too bad that SOWPODS is the word list used in most of the world's English-speaking countries.) It also took several minutes to open a game, rather than the few seconds (at most) that Scrabulous took — it's pretty impressive, but not in a good way, that the programmers could extract that sort of performance from the combination of Facebook's servers and my dual-core, 2GHz+ laptop. The new Scrabble client has doodads like 3D flipping-tile animations, too, but no clear way to actually initiate the sample game that jamie and I have attempted to start. I hope that once we get past that obvious hurdle, we'll find there's a chat interface and game notebook as in Scrabulous, but my hopes are low.
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Scrabulous Returns To Facebook, As Wordscraper 262 comments
porcupine8 writes "Good news for those that have had a hole in their heart (and Facebook profile) since Hasbro forced Facebook to remove Scrabulous over copyright and trademark issues. The creators of Scrabulous have wasted no time in tweaking the game and have launched a new tile-based game called Wordscraper. In addition to changing the name, they have changed the board look so as not to directly copy the colors, etc of a Scrabble board, and have even made provisions for players to create their own board layout! Interested Scrabulous fans can add the application now. Only time will tell if the changes were extensive enough to keep Hasbro's lawyers at bay."
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I hate that frigging game (Score:5, Funny)
My wife absolutely crushes me every time we play. It was bad enough when she dominated me in physical sports but this is too much. I was really hoping they would get shut down.
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Re:I hate that frigging game (Score:5, Funny)
She's brutal with that. She got beat once- and then played in practice mode until she could whip everybody in the family. Really all I've got left is Mario Kart double dash - but nobody wants to play that any more. I just race the console.
It's cool though. She's just very competitive and I'm not. But my vocabulary isn't too bad - I thought scrabulous was a real opportunity to dominate. I was very mistaken.
Parent
Re:I hate that frigging game (Score:5, Informative)
This is how my economist professor explained the reasoning for marrying an absolutely hot and smart woman.
Parent
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This is how my economist professor explained the reasoning for marrying an absolutely hot and smart woman.
And yet, to me, the reasoning is similar to what I'd do with a winning lottery ticket: I wouldn't say, "no, I'm not sure I'd be comfortable with all that wealth; why don't you keep it?" Instead, I'd say, "yes, thank you, I'll take the 'cash now' option please."
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Due to statistical findings, we can safely assume you make more money than her. So don't feel too bad.
In the rare case you don't... well, I'm sorry you suck at life. :(
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If she is, then maybe she being better in so man things isn't so bad
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Probably, but how is he supposed to know that?
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You can't create certain board layouts anymore (Score:5, Informative)
You are now constrained in terms of which board layouts you can create in Wordscraper which prevents you from creating a board with the same bonus pattern as the scrabble board.
Some guy has figured out the rules:
http://tinyurl.com/63fwjk
I wouldn't have thought Hasbro had a legal leg to stand on with forcing wordscraper preventing users being able to create certain board layouts, but perhaps wordscraper just bowed to pressure to avoid legal hassle.
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Of course they dropped it (Score:5, Insightful)
The damage is done, they've crushed Scrabulous into non-existence, what else is there to do?
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I'm sure they'll figure out some other way to hurt their own brands. Seriously, if they'd just embraced Scrabulous and asked for a percent of the profit, everyone would be way ahead right now. As it is, no one I know who played Scrabulous moved to the "official" client and few play the game Scrabulous turned into. Opportunity lost.
Category icons (Score:2)
Hmmm, five category icons for one story. Is that a record?
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Still not convinced lawsuit was valid. (Score:4, Insightful)
Many law suits have demonstrated that the idea of a game simply can't be copyrighted, only the name and IP. Arguably the only thing Scrabulous could've been caught on legally in this respect was the name, Scrabulous. A court case against someone for using a similar name wont find a sympathetic ear with a judge even then if the company hasn't at least given the defendant the option of changing the name out of court.
Really, I think the best they could've done legally is taken them to court over the name had they been unwilling to change it after an initial request out of court.
The lawsuit was probably there simply as a scare tactic to try and scare them into ceasing and desisting. This scare tactic worked to an extent, but now we're approaching the time they'd actually have to go to court and that they'd actually have to state their case they've backed off, because they know it was unwinnable based on similar past court cases.
If you could copyright a first person shooter where you have to fight off an alien invasion for example, then that would kill off most the FPS market. If someone however created an FPS called Doomer and it had all the weapons and characters of the original then this would be a valid court case.
The key is to ensure the only thing that's copied is the idea and concept and that the name and assets do not closely resemble the originals.
Re:Still not convinced lawsuit was valid. (Score:5, Informative)
Law suits don't demonstrate this - it's the law at the US Copyright Office [copyright.gov]
The idea for a game is not protected by copyright. The same is true of the name or title given to the game and of the method or methods for playing it.
Copyright protects only the particular manner of an author's expression in literary, artistic, or musical form. Copyright protection does not extend to any idea, system, method, device, or trademark material involved in the development, merchandising, or playing of a game. Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles.
In other words, the artwork is copyrightable, but neither the rules of the game, nor the method of play, is. That's simply the law.
Parent
Rules: copyrights or patents (Score:2)
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If a game has a storyline, then that storyline is covered by copyright. The name is usually trademarked. But you cannot control the basic ruleset.
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Yup. And that's basically what Hasbro was alleging in the copyright portion of their complaint [nytimes.com], that there are no rules to Scrabulous, that "a user not already familiar with the rules of the SCRABBLE crossword game would not know how to play "Scrabulous," and "until earlier this year, defendants included on their website hyperlinks to official SCRABBLE webpages, resources such as the official SCRABBLE rules, and also other websites offering unauthorized and
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Hasbro said the Scrabulous guys linked to their rules and player dictionary - the "actual text" - and that, by essentially including those copyrighted materials as part of their game, they violated Hasbro's copyright. That's why I quoted from the complaint "until earlier this year, defendants included on their website hyperlinks to official SCRABBLE webpages, resources such as the official SCRABBLE rules, and also other webs
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Since it didn't go to court, we don't have a decision as to whether "linking to" is a copyright violation. The RIAA and certai media believe it is. The rest of the world doesn't.
Since it was Hasbro's own servers that were generating the rules pages, it's dubious that there was an actual copyright violation. More likely, it would be misrepresentation or "trade dress", which could be avoided by clearly identifying the source as belonging to Hasbro.
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That may very well be. I never suggested Hasbro was right, just that the basis for the copyright portion of their complaint was the text of the Scrabble rule book and game dictionary.
LittleBigPlanet (Score:2)
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So why are levels inspired by other games in LittleBigPlanet being modded out?
Possibly out of trademark concerns, and probably out of Sony's desire to keep its development partners and potential partners happy.
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But you CAN patent the game mechanics.
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There are no "game mechanics" that are "innovative enough" to meat the standard of being an "invention", and patentable in most board games (Mousetrap is the only possible exception that readily comes to mind).
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Two points:
1. The patent office gives out game mechanic patents pretty easily. I've seen copies of chess variants with only the switching of piece positions given as new mechanics.
2. You don't think that scrabble meets the criteria of innovation? I see absolutely no prior art that comes close to it and the restricted use and valuation of tiles for letter use is entirely inventive.
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So go and be the first to patent it - Hasbro didn't. (of course, there's a reason they didn't - it's not patentable :-).
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I can't patent it... there's prior art. (See: Hasbro Scrabble)
'Capablanca Chess' is a chess variant that includes two new pieces (one that moves like a rook and a knight and one that moves like a bishop and a knight). The game was created as a way to avoid the current frequency of draws in chess.
It was never patented.
However 'Gothic Chess' was patented. ( US patent number 6,481,716 on November 19, 2002 ) The games are nearly identical except for the starting position of the pieces.
You could make the argum
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Did you ever look at Scrabulous? If we go by your own criteria that you laid out in your last sentence, then it most certainly was a valid lawsuit.
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Sorry, just practicing my scare tactics. Seems to be the way law works now a days.
Not 19-letter, but perhaps 14 (Score:2)
Sir you clearly have more than 7 letters
I don't know how a 19-letter rack would work, but I do know how a 14-letter rack might work. The card game Bridge is played with two teams of two players; the player in control of a round (the "declarer") can play from his partner's hand ("dummy"). I could imagine a crossword game played a similar way.
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The longest words I can find for that lot are only 13 letters long:
and the best score (without bonuses) is for "jollyheads". Ah the wonders of a few lines of perl.
Cheers,
Toby Haynes
And the Matel lawsuit is still on? (Score:2)
Awesome!
Makes me want to go on facebook (for the first time ever) and play Wordscraper.