IP Oppression: Facebook asked to remove "Scrabulous"
Many of our bloggers and readers are addicted to Scrabulous. This morning I received an email from a dear friend, subject line “Oh noes!!! Scrabulous is in trouble!” Evidentally, Mattel has asked Facebook to remove the Scrabulous application.
From my reading of the CNET article linked above, it seems like their biggest objection is infringing on their trademark for scrabble, not the gameplay itself. If that’s the case, could Scrabulous just name it anything that isn’t trademarked, and continue offering a free version of Scrabble? I took like 8 constitutional law courses in law school instead of taking something practical that would illuminate this discussion. Does anyone out there in the Agora know if I’m going to have to get back to billing hours instead of playing Scrabble on Facebook?
Update: Also check out the story at my favorite law blog Above the Law.
Comment by tet on 16 January 2008 at 11:49 am:
Augur, that’s in Britain. Hasbro owns the rights in the US and Canada. Unless there’s some fuss on their part, you’ll be able to play here.
Tom Trumpinski
Comment by JayBandit on 16 January 2008 at 3:26 pm:
How stupid are these companies? Wouldn’t you just want to gain ownership, or place free advertisements for other Hasbro (or whatever company) games on the Scrabulous pages?
Why is it old farts that don’t even comprehend the internet make all the rules???
Comment by Allan Niemerg on 16 January 2008 at 6:55 pm:
jaybandit’s right, you might as well just buy out Scrabulous. With a decent injunction hanging over there head i’m sure you could get them at a decent price.
Comment by illinikc33 on 16 January 2008 at 8:31 pm:
What’s weird is that Scrabulous has been available online in a format like that for chess on gameknot.com well before it was incorporated into facebook, and Hasbro did nothing about it then. Annoying to say the least. I’ll answer your question in a year when I’m able to take useful classes like patent and trademark law, and don’t have to waste my time with Augur’s con law nonsense.
Comment by kofi the if this is 'ip oppression' than locking your parked car is 'mobility oppression' on 16 January 2008 at 11:53 pm:
From what I’ve read this isn’t a trademark issue but a copyright issue. The name itself is fine its the use of the specific game board and specific rules that violate the copyright. As for why not a buy out, I imagine because neither side would feel the other is being reasonable. Hasbro or Mattel could easily pump out an official ‘facebook application’ for a few tens of thousands – if that much. The Scrabulous creators on the other hand want to get paid on an application that is drawing 2 million+ players a day.
As for who should win, I think legally and morally Hasbro/Mattel have the high ground here. You can’t just appropriate someone’s property for personal gain. This situation is no different than if I started transcribing NYT (or Urbanagora) editorials and posting them on an ad-supported website.
Just an after thought but I imagine the way for the Scrabulous guys to bank would be to add valuable additions to the game. Something more than making it an online version, like a ladder/ranking system or some sort of match making algorithm.
Comment by kofi the if this is 'ip oppression' than locking your parked car is 'mobility oppression' on 16 January 2008 at 11:53 pm:
From what I’ve read this isn’t a trademark issue but a copyright issue. The name itself is fine its the use of the specific game board and specific rules that violate the copyright. As for why not a buy out, I imagine because neither side would feel the other is being reasonable. Hasbro or Mattel could easily pump out an official ‘facebook application’ for a few tens of thousands – if that much. The Scrabulous creators on the other hand want to get paid on an application that is drawing 2 million+ players a day.
As for who should win, I think legally and morally Hasbro/Mattel have the high ground here. You can’t just appropriate someone’s property for personal gain. This situation is no different than if I started transcribing NYT (or Urbanagora) editorials and posting them on an ad-supported website.
Just an after thought but I imagine the way for the Scrabulous guys to bank would be to add valuable additions to the game. Something more than making it an online version, like a ladder/ranking system or some sort of match making algorithm.
Comment by kofi the if this is 'ip oppression' than locking your parked car is 'mobility oppression' on 16 January 2008 at 11:53 pm:
From what I’ve read this isn’t a trademark issue but a copyright issue. The name itself is fine its the use of the specific game board and specific rules that violate the copyright. As for why not a buy out, I imagine because neither side would feel the other is being reasonable. Hasbro or Mattel could easily pump out an official ‘facebook application’ for a few tens of thousands – if that much. The Scrabulous creators on the other hand want to get paid on an application that is drawing 2 million+ players a day.
As for who should win, I think legally and morally Hasbro/Mattel have the high ground here. You can’t just appropriate someone’s property for personal gain. This situation is no different than if I started transcribing NYT (or Urbanagora) editorials and posting them on an ad-supported website.
Just an after thought but I imagine the way for the Scrabulous guys to bank would be to add valuable additions to the game. Something more than making it an online version, like a ladder/ranking system or some sort of match making algorithm.
Comment by JayBandit on 17 January 2008 at 9:06 am:
kofi,
Although you are probably correct as the law is concerned, I still don’t agree with what you’re saying. This reminds me of certain TV Shows that have never been released on video, so kids end up making bootlegs and get sued.
What is society to do if there is no supply for something that clearly exists and COULD be made…but simply isn’t because of poor planning or lack of foresight by a big company?
This has happened countless times in the past, and the big companies make so much money already, that they don’t bother working on some of these shows being put out because of the added work. Example: The Wonder Years. People have been demanding this series out on DVD for nearly a decade now, but since the distributer is arguing over music rights (if you remember, the TV show had quite a bit of 60’s & 70’s tunes throughout), they simply just sit on their hands and do nothing.
In the end, it all comes down to the music industry, namely the RIAA, wrecking havoc in all of the technological world.
This can’t be a good business model. Why not try and gain more money for products? Oh, well it makes more sense to them to make no money and then sue high school and college students for downloading music that millions of others are also doing…