Hasbro Using DMCA on Facebook Game Apps 210
Boggle Addict writes "Rather than participating in the online gaming market, Hasbro is suppressing it with litigation. Scrabulous, a Scrabble imitation, is already fighting to prevent being shut down. Today, Hasbro sent out DMCA notices to other apps on Facebook, including Bogglific, a Boggle imitation. Copyright law has has always held very limited protections for games. This may be opening a can of worms for Hasbro.
Sounds like... (Score:5, Funny)
Re:Sounds like... (Score:5, Funny)
Re: (Score:2)
Re:Sounds like... (Score:5, Funny)
Re: (Score:2)
Re:Sounds like... (Score:5, Informative)
Nope. That's Parker Brothers.
Correct. Which is owned by Hasbro. Hasbro *has* a monopoly on board games. At least, on the board games that appear in general stores like Target or Walmart.
List of companies Hasbro owns, stolen shamelessly from Wikipedia:
* Avalon Hill (an imprint of Wizards of the Coast, see below)
* Claster Television
* Coleco
* Galoob
* Kenner
* Maisto
* Milton Bradley
* Parker Brothers
* Playskool
* Selchow and Righter
* Tiger Electronics
* Tonka
* Wizards of the Coast
* Wrebbit
Re: (Score:3, Interesting)
Hasbro *has* a monopoly on board games. At least, on the board games that appear in general stores like Target or Walmart.
I have seen both "Apples to Apples" and "Scene It?" games in the board game section of Wal-Mart stores in Fort Wayne, Indiana. "Apples to Apples" is Mattel/Out of the Box, not Hasbro. Likewise, "Scene It?" is Screenlife, not Hasbro.
List of companies Hasbro owns, stolen shamelessly from Wikipedia:
* Avalon Hill (an imprint of Wizards of the Coast, see below)
* Claster Television
* Coleco
* Galoob
Which means Hasbro bought the goodwill associated with Codemasters' Game Genie product, which Galoob Toys marketed in North America. So are we seeing an about-face from Galoob v. Nintendo [wikipedia.org]?
Re:Sounds like... (Score:5, Funny)
Re:Sounds like... (Score:5, Funny)
Yeah, the CEO might lose his Yahtzee!
D-Did I do it right?
Re:Sounds like... (Score:5, Funny)
Re:Sounds like... (Score:5, Funny)
Re: (Score:2)
Re: (Score:2)
Re: (Score:2)
hate puns are going to end up thinking they've got Ants in the Pants before we're all said and done.
Re: (Score:2)
Re: (Score:3, Funny)
What? You mean none of those are trademarked? Crap!
Re:Sounds like... (Score:4, Funny)
Re: (Score:2)
Re: (Score:2)
is(2)
fighting(66 with Bingo {not including bonus squares})
words(9) .
Re: (Score:3, Funny)
If anybody needs me, I'll be waiting in the library coiling some rope.
Re: (Score:2)
Re: (Score:2)
Re: (Score:2, Funny)
Re:Sounds like... (Score:5, Insightful)
Instead of wasting it on lawyers and legal fees, why not spend the money on innovating new games and or new forms of already present games, since obviously someone else is providing what they either have not been able to provide or cannot?
Re: (Score:3, Insightful)
Wait, you're not ACTUALLY suggesting that copyright be allowed to work the way it was originally intended, are you? Don't you know that it's not about encouraging new stuff, it's all about milking your old stuff for years and years, down through the generations, thus allowing you to sit on your ass and r
Re: (Score:2)
Re: (Score:2)
Re: (Score:3, Informative)
Second the issue of confusion applies to people who are not necessarily familiar with the game -- granted most people a
Recycling is good? lol (Score:2)
Maybe new versions of old games? Never seems to get worn out i guess:
http://www.boardgames.com/monopolygames1.html [boardgames.com]
Yikes, and one of those links leads to another list for colleges
Not going to admit to seeing 3 of those at my parents house....
There seems to be few new games and mostly party/trivia games, tho Apples to Apples was a fun party game during the holidays.
Oblig. (Score:5, Funny)
Okay, I get it, but... (Score:5, Funny)
Re: (Score:3, Funny)
Re: (Score:2)
You could make a game called "Microsoft" (and I would be surprised if there isn't something like this on the internet already) that is a Monopoly clone, but as long as you use different words and pictures than Monopoly, Parker Brothers would have no legal standing.
Actually the Flying Furry Freak Brothers (IIRC) had a drug game called "Feds and Head
Re:Okay, I get it, but... (Score:5, Interesting)
Ten years around or so, my roommate created an implementation over the name "Szkrable". Once Hasbro found out, they demanded it to be removed, together with all dissemination of any related software, including the dictionary which later replaced the Polish ispell one (GNU had 300kb of data, MaF had 22MB at the moment). A simple rename didn't work.
After receiving legal advice and deciding there's no way for a poor student to fight Hasbro whether a copyright over the board shape is valid, my friend came up with totally changed rules and board, making a wordgame which resembled Scrabble in spirit and strategy, but nothing else.
You can find the thing here [kurnik.org].
Re: (Score:2)
Yes, the board is the same. So what? Can you copyright a square grid and some coloured boxes? Thay don't use the word "Scrabble" or the logo, so trademark doesn't apply. I'd be surprised if this was patentable. So just what and how does this infringe?
Re: (Score:3, Funny)
Re: (Score:2)
Re: (Score:2)
Re:Okay, I get it, but... (Score:5, Interesting)
Re: (Score:3, Insightful)
All the imitators probably tried to make a decent product to compete. Hasbro doesn't need to; it can cease&desist all other versions off the internet. No need to invest in programmers, when you've got a lawyer on staff...
Re: (Score:2)
I can't comment on the legality, but I can say it'll be a fucking pain in the ass if they try to shut it down.
My brother and I both like Scrabble - it's one of the few areas our interests coincide and we can actually do something together - but he's 40 miles away. I've got a set of binoculars, but I still can't see the board. We could play by mail, but I'm not sure that'd work quite as well as for chess... As it is, we both own Scrabble sets, and use them to play when we're in person, so why shouldn't ther
Not Copyright, Not DMCA, Trademarks (Score:5, Informative)
From the PC World Article [pcworld.com] linked to from the article linked to in the summary:
If they don't defend their trademark everytime they see it being used outside of a licensing deal, they can lose it. You may not like it, but that's the way it is. You want it changed, change the law. I'd also like to point out that trademark law, at its best, actually protects consumers from shoddy ripoffs of the product they thought they were buying.
Re: (Score:3, Insightful)
Re: (Score:3, Insightful)
They probably reached for the lawyers first because they'd already signed a licensing deal for online Scrabble to EA. From the Fortune blog [cnn.com] linked to in the summary:
I don't know the specifics about that deal, but I'll bet exclusivity was part of it. And why shouldn't they have signed an exclusive deal with whoever was going to make them the most money? It is, after all, their trademark, and they get to decide how and who uses
Re: (Score:2)
If you're Peyton Manning, Jimmy Buffett or Krusty the Clown, and you don't care what sort of crap your name winds up on as long as you get paid a few bucks, that's fine. On the other hand, if you value your brand I can understand why you don't just write to every infringer to offer them a license.
Besides, if they had done that, we'd just be reading a story about how the "asshats" at Hasbro are trying to extort license fees out of honest infr
Re: (Score:2)
Re:Not Copyright, Not DMCA, Trademarks (Score:5, Insightful)
Yeah. You'd think that a community that cares as much about IP abuses as the tech crowd in these parts would at least know their enemy.
Hey kids, take some friendly advice: Nobody will care about your arguments, no matter how sound they are on some basic level, if you don't even get the terminology right. At best, you'll just confuse your target audience, and you won't convince them of anything. At worst, they'll think anybody that complains about IP abuse is just another idiot.
Re: (Score:2)
You're right and I agree with your reasoning. However, do you mean to suggest that you're likely to confuse "Scrabble" with "Scrabulous"?
-b
Re: (Score:2)
Re: (Score:2)
"Never underestimate the power of stupid people."
Re: (Score:2)
But unless Hasbro got wind of it before it aired, it wasn't the trigger for the notice. Another version of this story was on the Firehose last week.
Re: (Score:2)
Top of the morning to you too! I wish you a pleasant day.
-ben the ass
Re: (Score:2)
That's a myth. There are all sorts of cases in which the use of somebody else's trademark without their consent is non-infringing. Non-commercial uses are generally non-infringing, and any use -- commercial or otherwise -- that does not cause confusion about who owns the trademark is also non-infringing. Remember the old Pepsi Challenge advertisements? They used Coca-Cola's trademarks all ov
Re: (Score:2)
Re: (Score:2)
As to copyright, this is the relevant section from the link in our FA:
========
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 prote
Re: (Score:2)
Patent? (Score:2)
Of course, patents don't last nearly as long as copyrights, so most of the games in question wouldn't be covered (and it's too late to file for existing games, in any case).
Re: (Score:2)
Re: (Score:2)
However, most games are also copyrighted and trademarked (as I'm sure scrabble is). Copyright will reach a particular expression of the scrabble game idea: instructions, board, board design, pieces, etc.
Trademark will reach the name and any names confusingly similar.
I'm sure that Hasbro is concerned about both copyright and trademark. Copyright is probably a weaker argument here, bu
Too late to patent (Score:2)
Wait.. huh? (Score:4, Insightful)
I can see a pretty solid case on Trademark or Patent grounds, but copyright is the one thing that WASN'T infringed.
Re: (Score:2)
Copyrights and trademarks have their uses with regard to games, but they don't protect the underlying game itself, just various things connected to it (the art on the box, the name, etc.).
Not the first time (Score:2)
I remember back in the late 90s when a fun email version of Scrabble along with all the Boggle sites were shut down by Hasbro. Just a new generation of programmers learning about trademark laws from Hasbro.
Bummer, since the free games are great advertising for the few people who don't already own hardcopies of the games. But I guess that's the problem - everyone already owns the game, so the the only way to increase revenues is charge for the online versions.
-Chris
Good! (Score:5, Funny)
Re: (Score:2, Funny)
Copyright vs Trademark (Score:5, Insightful)
Calling a Scrabble knockoff Scrabulous or a Boggle knockoff Bogglific is pretty clear gounds for trademark infringement. I mean, this site is Slashdot. If I created a Slashdot.us - and always referred to it as Slashdot.us - it's still too close to being Slashdot. Same with Slashdotic or something like that. People who are casual observers would get confused as to the owner. And in order to keep that trademark, they have to litigate. So, if someone were to create a Slashdot.us site, Slashdot would have to file against them. If they didn't, slashdot would become a generic term like aspirin that anyone could use.
Now, I'm sure Hasbro doesn't just want them to change the name, but they have a really great case there. While Hasbro is being craptacular here, the Scrabulous people aren't completely innocent - they wanted to play off the Scrabble name to make money.
Re: (Score:2)
Re: (Score:2)
How do you explain this then? [barrapunto.com]
Re: (Score:2)
Re: (Score:2)
Re: (Score:2)
Re: (Score:2)
So? A trademark does not give you rights to translations of your mark into every language.
Re: (Score:2)
I don't think you could very easily prove either, that Scrabulous is adversely affecting sales of the original game.
As long as the rules for Scrabulous aren't a carbon-copy clone
Copyright term on games? (Score:2)
Is it not like music and such where there's a limited copyright term, and hence is this term not over yet for many of these games? I'm sure some of them are pretty old?
pyscrabble (Score:2)
Re: (Score:2)
RIAA All Over Again (Score:2, Insightful)
How many younger people who play games almost exclusively online have ever played Scrabble or Boggle? Why would a company like Hasbro want to shut down a site that might actually inspire some online gamers to go buy a physical copy of the game?
Other than chronic business myopia, that is.
Re: (Score:2)
Note that Carcasonne now has a huge following because the makers of that game licensed it to Sierra to port to the XBox 360.
Re: (Score:2)
A chicken&egg thing to be sure, as the end result was the same (a licensed version of the game where everyone is happy), but the motivation was not as you suggest.
Every online venture should know... (Score:4, Insightful)
And let's face it, if you are pulling in $25K monthly on virtually no expense base, you can't turn around and bleat about not having the money to fight it.
D2 M3 C3 A1 (Score:4, Funny)
Some questions for Hasbro (Score:2)
Re: (Score:2)
Yes. But that doesn't make it illegal. How many popular TV shows or movies are blatant ripoffs of an older show, movie or even comic book? As long as it isn't identical, copyright doesn't apply. They may pay for a rights deal if they want to use the same title and theme music, otherwise it's perfectly legit to recycle elements of culture. That's what culture is, art does not arise by immaculate conceptio
This is semi-legitimate (Score:5, Informative)
That said, how fucking old is scrabble? In a rational world any IP protection it had save for the trademark would have gone by the wayside long ago.
Re: (Score:2)
Re: (Score:2)
Hey Hasbro (Score:5, Interesting)
We actually bought a Boggle game recently because of an online boggle-like game (which I won't link to, though if you search for 'web boggle' I suspect you mind find it rather easily...).
Let me say that again: We started playing a Boggle-like game online. We loved it. But we recognized that it would also be fun to play the real game sometimes (b/c sitting around a table is more social than staring at a screen, etc.). So we bought your damn game.
Hasbro, I've got four kids under six. I am your wet dream demographic: I have both money and kids, and I love toys. Don't piss me off.
Try a different strategy. [thepiratesdilemma.com]
And In Other News... (Score:2)
"We're very concerned about this." says His Holiness, the Pope. "Clearly this is an infringement upon our intellectual property, and the less-then-stellar attempts to change names, like Jesus becoming Jeebus and Mary Magdalene becoming 'That Ho Who Jeebus' Swings With, Man' don't cut it."
Intellectual Property expert and reno
Re: (Score:2)
Thanks-
Re: (Score:2)
That's a fair point, but it doesn't make Hasbro's strategy any less retarded.
Two issues:
1. Copyright law. This game has been around for over sixty years. Is society (including the owners of Scrabble as well as its enthusiasts) really best served by granting such long terms of copyright, well beyond the death of the original creator? Sure, it's great for the owners, but is it the best policy for society at large?
2. Business strategy. Hasbro could do four things that I can think of: 1. Ignore Scrabulous,
Boardgame Copyrights (Score:3, Informative)
You can take any existing game, rewrite the rules in your own words (while avoiding the use trademarks, e.g. "Scrabble") and publish it. That is your right. There's no law to stop you from creating your own Scrabble game just so long as it does not infringe on any of Hasbro's trademarks. The rules, method of play, and alphabet are not copyrightable.
Re: (Score:3, Funny)
Re:Which game would be most challenging naked? (Score:4, Insightful)
Re: (Score:2)
Fixed that for you.
Re:Which game would be most challenging naked? (Score:5, Funny)
Re: (Score:2)
Copyright of the rules.If thye use a verbatim copy.
Re: (Score:2)
Re: (Score:2)
Re: (Score:2)
Re: (Score:2)