The coming tsunami of IP infringement

The "User Generated Content" or specifically "User Generated GAME" space seems to be red-hot these days.

Lots of web-based examples (Metaplace, GameBrix, Silverlight, Atmosphir, etc), and now console games are going to be a hotbed as well, with Little Big Planet being the case example getting the most mindshare.

David Edery had a post up doing his own post-mortem on Scrabulous, in which I commented on it's successor, Wordscraper. In it, I said:

Wordscraper... supports user-definable boards and tile weightings. Which means you can do, as I have done, a board and tile set that exactly match those of Scrabble, and VOILA! IP circumvention via User Generated Content!!!

If they were to publish something like a board-sharing service, the developer (or FB?) would be subject to DMCA takedown notices, but now Hasbro/Mattel has a harder job: Vigilantly watch the forums, send repeated DMCA takedown notices, etc. Also, I don’t know if other countries have similar laws.

There are some holders of game IP that have tried to enforce their hold over game rules, mechanics, etc. Obvious examples are Tetris Corp, who recently were in the news for getting a clone pulled from iTunes, as well as the Hasbro/Mattel Scrabble example. Other cases exist where it seems to have flown under radar (e.g. Webkinz's games are almost ALL rip-offs of classics, but with name changes and theme changes. Sometimes game design changes too)

Quite frankly, I just don't see how the IP holders are going to keep up with it all in this new world.

I suppose you could serve takedown notices to - like Scrabulous - only the most successful examples. But then what does that say for all those would-be infringers out there: Go ahead and clone games and be successful with them... but not TOO successful.

Scrabble/Scrabulous Scrap Specifics

GamePolitics has a scan of the court docs up.

For those curious about the details, here's a summary:

Case is over trademark and copyright infrigement (not patent infringement as some have stated)

Trademark in that the Scrabulous name rides the coattails of the Scrabble name brand (trademarked several times since 1954, and in 2002 wrt video game versions).

Copyright in that, the rules were copyrighted in 1948, the board design was copyrighted in 1948, the OSPDictionary was copyrighted in 1978, and included things like. These copyrights include things like:

- The board is similar in size, color, multipliers (indeed, the doubles and triples in Scrabulous are color coded and the player assumes what they are worth)
- The tilecount (total and per-letter) is identical
- letter point values are similar.

There's an interesting element to this in that the docs seem to outline a strategy to take what I guess were tactics RJ Software used to obfuscate the copyright infringement, and then uses them as the lynch rope. For example, the fact that there are no rules published for Scrabulous, that the multipliers on the board don't reference the x2 or x3 values, etc. How do people know how to play? Well, it must be assumed they know how to play Scrabble.

"Lawyers" for 63 points!

Well, they finally did it, Scrabulous is down. The following message gives a hint:

"Scrabulous is disabled for US and Canadian users until further notice. If you would like to stay informed about developments in this matter, please click here."

US & Canada is of course the territory covered by Hasbro's copyright on the Scrabble game. EA licensed that property and launched Scrabble for Facebook earlier this month. My guess is that someone had a "pull it down by end of July, please" notice and well, it's the end of the month.

LATimes has more detail here.

Mattel, who has Scrabble rights for rest of world, is suing the Scrabulous developers in India (where they hail from) and has launched their own game for folks in their territories.

They will of course win, and we'll be stuck with two versions of scrabble for different regions, and an inability to play with friends overseas.

Hasbro, Mattel and EA win. RJ Software loses. However, there are other casualties. The end user loses, and Facebook loses. However small a stain on their service this might be, it's still a loss: A social network app that bifurcates the members of the network. It's unfortunate there couldn't be a more win-for-all solution that came out of this.

I'll play "litigation" for a bingo!

As Raph points out, Hasbro has finally threatened the creators of the immensely popular Scrabble knock off for Facebook, Scrabulous, with legal action.

Hasbro is generally pretty protective of the Scrabble IP, so I'm surprised this took so long.