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Scrabulous Is Dead, Hasbro's Version Brain-Dead

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.

20 of 395 comments (clear)

  1. If the Scrabulous people have any pride... by Lilith's+Heart-shape · · Score: 5, Insightful

    If the people behind Scrabulous have any pride, they'll tell Hasbro to go fuck themselves. They did a better Scrabble than Scrabble, and rather than compete, Hasbro turned to the law.

    1. Re:If the Scrabulous people have any pride... by PFI_Optix · · Score: 5, Insightful

      Hasbro would have done a lot better to do something like this:

      "We'll give you an endorsement and let you use the Scrabble logo and *not take legal action* if you will maintain certain standards and give us a cut of your advertising profits as a licensing fee."

      And then negotiate as fair a deal as both parties can agree upon.

      This is where modern copyright litigation really fails these companies: they're so quick to shut down anyone who might potentially be stepping into their IP, they're passing up really amazing opportunities at making use of their innovation. If these guys can do Scrabble so well, why not encourage them to do other Hasbro games in a way that makes Hasbro money?

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      120 characters for a sig? That's bloody useless.
    2. Re:If the Scrabulous people have any pride... by elrous0 · · Score: 4, Insightful

      Most of Hasbro's board is so old they probably have to have oxygen tents built into the boardroom. It's unlikely that the leadership there even knows how to turn on a computer, much less understands the significance of an argument about how web 2.0 apps are changing the business landscape. We're talking a company that still specializes in *board games*. You'd be about as lucky lecturing a buggy whip company on the potential of the horseless carriage.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    3. Re:If the Scrabulous people have any pride... by Anonymous Coward · · Score: 5, Insightful

      This is where modern copyright litigation really fails these companies: they're so quick to shut down anyone who might potentially be stepping into their IP, they're passing up really amazing opportunities at making use of their innovation.

      This has nothing to do with litigation or the law. That's a business decision of shooting themselves in the foot.

      However, in a free country, a business is entitled to shoot themselves in the foot. They can even choose which foot.

    4. Re:If the Scrabulous people have any pride... by AP31R0N · · Score: 5, Insightful

      Isn't Scrabble still under copyright? If it isn't in the public domain, and Scrabulous is a clone of Scrabble (which it is AFAICT), they have every right in the world to sue. They even took advantage of Scrabble's popularity by giving it a name that was similar. This appears to be no different than selling Leevi Jeens with the classic rivets.

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  2. Re:Why didn't they just buy scrablous? by TheRealMindChild · · Score: 4, Insightful

    Not that I back Hasbro, but purchasing the alleged "illegal copy" of their game would have sent the message "Copy our game and do a better job than us, and we will pay you for it rather than prosecuting you"

    --

    "When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
  3. Older than me! by sm62704 · · Score: 5, Insightful

    We really REALLY need copyright reform. I'm 56 years old. Nothing ever created in my lifetime will reach the public domain while I still breathe, and no matter how young you are nothing created in your lifetime will reach the public domain either. And as this Scabble thing shows, it stifles creativity. When Newton said "if I see farther than other men, it is because I stand on the shoulders of giants" (and he wasn't the first to say that), the same could be said of art.

    Where would engineering be if patents were endless, like copyrights are? Endless copyrights stifle creativity. Where would Disney be without the Brothers Grimm? And how can we convince our governments that they are hindering artistic progress?

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest
    1. Re:Older than me! by Minwee · · Score: 5, Insightful

      And yet that darn pesky article seems to think otherwise.

      Hasbro also asked Facebook to remove the game for violating copyright law under the Digital Millennium Copyright Act.

      Which is it? If it is a trademark then the DMCA does not apply. The 'C' doesn't stand for 'Trademark'. And if they are claiming that this is a copyright violation then they are on pretty thin legal ice as there isn't a lot about the game which is copyrightable.

      So which is it? Copyright or trademark? Has Hasbro engaged in perjury by issuing a DMCA takedown notice over a trademark dispute, or are they pursuing an unwinnable copyright case?

  4. Re:Why didn't they just buy scrablous? by PFI_Optix · · Score: 4, Insightful

    Why not? Isn't that how most small-time inventors get noticed by big companies...either developing a new product or improving an existing one?

    A couple of college student can't approach Hasbro and say "We've got a great idea for an online version of Scrabble...will you let us make it?" Hasbro will laugh them out the doors. But when they execute it well and have a massive fan base, why would Hasbro NOT want to cash in on what is already there and developed?

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    120 characters for a sig? That's bloody useless.
  5. Re:same old story by zehaeva · · Score: 5, Insightful

    This is a Trademark issue, not a copying issue. GE profits on a name that is ancient, so does AT&T. Scrabulous is just too close to Scrabble as far as a brand name goes.

  6. Re:How does this matter? by raju1kabir · · Score: 4, Insightful

    There are still plenty of us who don't really care about myspace / facebook. Not every person on the internet is on one (or both) of those. I don't see why this article justifies front-page status.

    I don't see a single article on the front page that affects everyone.

    Your post strikes me as a lame excuse for trumpeting your awesome coolness for not using Facebook or Myspace. Consider your awesome coolness recognized, now leave us alone to talk about things that affect many thousands of people.

    --
    "Patriotism is your conviction that this country is superior to all other countries because you were born in it." -- GBS
  7. Re:Why didn't they just buy scrablous? by fumblebruschi · · Score: 4, Insightful

    Not that I back Hasbro, but purchasing the alleged "illegal copy" of their game would have sent the message "Copy our game and do a better job than us, and we will pay you for it rather than prosecuting you"

    Also known as "Do our R & D for us for free, and we'll give you money if you come up with something really good." That's I message I wouldn't just send, I'd broadcast it at top volume.

  8. Re:Why didn't they just buy scrablous? by jc42 · · Score: 4, Insightful

    [P]urchasing the alleged "illegal copy" of their game would have sent the message "Copy our game and do a better job than us, and we will pay you for it rather than prosecuting you"

    Well, consider that the US Constitution says that patent and copyright laws are to "promote the Progress of Science and useful Arts", and doing a better job than Hasbro would certainly satisfy the "promote the Progress" part, I'd think that's what the Constitution's authors intended.

    Of course, you could question the "useful" part when the issue is a game like Scrabble. But that would be petty, wouldn't it?

    Still, I'd think that if someone copies a commercial product and improves on it, the laws should support the people who did the improving. Maybe impose some sort of "mechanical license" between the two parties, as is done with with some performances of music, giving both parties a standard portion of the profits.

    We've had a problem from the very beginning of patent and copyright, that the owner can (and usually does) use the law to block further progress. If we really want that Progress that the Constitution promised us, we need laws that prevent things like what Hasbro has just done, and what many others have done before them.

    Of course, in this case it's primarily a trademark issue. So it'll be interesting to see how Hasbro reacts to a re-release of Scrabulous under another name that doesn't sound like a derivative of Scrabble.

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    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  9. Re:How does this not matter? by bigstrat2003 · · Score: 4, Insightful

    I haven't seen slashdot.org load as "Slashdot: social networking site reviews for nerds", which is what this article would be better classified as.

    That's bull. This has exactly zero to do with Facebook, if you pay attention. This is about a cool game getting shut down by an overzealous trademark holder... in other words, exactly sort of thing /. likes to discuss.

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  10. Re:dumb idea. by Angostura · · Score: 5, Insightful

    And they still try and extort money from it? For fucks sake.

    Yes, well that's because the Trademark still has value. Why should the Scrabulous guys leech off the marketing millions that Hasbro pumped in over the years. If Scrabulous was good enough on its own terms to succeed without trademark leeching, they should have just called it something else: they would have succeeded irrespective.

  11. Milking their cash ponies by Jabbrwokk · · Score: 5, Insightful

    Most of Hasbro's board is so old they probably have to have oxygen tents built into the boardroom.

    That made me laugh out loud.

    And it's so true. Hasbro is living in the 1980s, still trying to make money off GIJoe and My Little Pony.

    They don't have enough tiles to make the word "innovate."

  12. Re:Facebook is not the Internet by dpilot · · Score: 4, Insightful

    My daughter is in college and is an avid Facebook user.

    She also has been playing Scrabble, or is it Scrabulous, for months now. She typically has 2 or 3 games going at once with different friends. If she has an idle minute or two, she'll get online and check how her games are going, whether it's her turn yet, etc.

    Most of her Scrabble/Scrabulous activity is of the instant sort, the got-a-free-minute type. If the game doesn't come up in seconds, if it takes minutes to start, what's the point. She didn't have that much time right then, anyway.

    Sometimes speed really is of the essence, even in a non-FPS.

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    The living have better things to do than to continue hating the dead.
  13. Re:Slashdot filters need revision! by CastrTroy · · Score: 5, Insightful

    We have quite a few board games in our house. We also have video games. They are both fun in their own respects. The nice thing about board games is so little development costs. They created over 60 years ago, and are still selling it for $15 for the basic, and $45 for the deluxe version (prices from Amazon). It is risky starting out, but once you have something popular it's easy to put out the same product year after year and rake in the money.

    --

    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  14. Re:Slashdot filters need revision! by ottothecow · · Score: 4, Insightful
    What interests me in this development is that Hasbro barely even seems to think that board games are relevant. Scrabulous seems to have proven that the board game itself could be exciting--it was a simple no-nonsense application. It had the board, some rules checking, some player interaction and a few handy features to make online play more fluid (like a notepad since it could often be days between moves and you might forget some ideas you had).

    Hasbro seems to be rejecting the idea that anyone would want to just play the damn game. Clearly people would rather see 3d tiles float around than be able to place them quickly and easily in order to enjoy the game itself.

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    Bottles.
  15. Re:House-Hold Name? by Haeleth · · Score: 4, Insightful

    I thaught the power of a trademark was diminished once it became so common that the average person used it to referance anything similar to it.

    It is.

    I think scrabble ranks up there with xerox,kleenex and aspirin.

    Xerox? Generic name for any photocopier. Kleenex? Generic name for any paper handkerchief. Aspirin? Generic name for any painkiller with acetylsalicylic acid as its active ingredient.

    Scrabble? Um, highly specific name for a single board game made exclusively by two companies. The average person wouldn't refer to any other board game as "a scrabble", even if it involved making words with tiles.