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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.

23 of 395 comments (clear)

  1. As much as I am against IP law by Jafafa+Hots · · Score: 5, Interesting
    if they had just changed the name and maybe the colors, problem solved - they would not have been shut down, and no users would have left.

    The Boggle clone changed its name, and its still up. There have been perfectly legal scrabble clone games published since the 1940s. I have some in my collection of antique toys and games. All you have to do is not use the trademarked name.

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  2. 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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    2. 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.

    3. 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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    4. Re:If the Scrabulous people have any pride... by LargeWu · · Score: 5, Interesting

      I do not have a reference for this other than hearsay, but from what I understand, Hasbro did indeed try to enter into some sort of licensing agreement with these guys, and they declined. Apparently the Scrabulous guys wanted millions, when in fact they should have been paying Hasbro. I know companies are *required* to defend their trademarks against infringement, otherwise they become generic terms and they lose them. Not sure if that works for copyrights as well. So basically, although I'm not happy about it, Hasbro had no other options left but to shut Scrabulous down. They certainly could have handled the situation better though - better transparency, having their own client be ready for prime time, etc.

    5. Re:If the Scrabulous people have any pride... by The+FNP · · Score: 5, Funny

      No, the whip company is finding many new potential sources of revenue on the web.

      --The FNP

    6. Re:If the Scrabulous people have any pride... by Relic+of+the+Future · · Score: 5, Interesting
      And what, pray tell, is wrong with board games? I like board games, I've spent a lot of money on board games. Before Japanese-styled cartoons caught on, it was considered that "cartoons are for kids"; and German-style board games are fighting the same "for kids" hurdles in the same way anime did for cartoons (by being AWESOME.) Seriously, at least try Settlers of Catan before you knock on board games (it's like the Ninja Scroll of board games; for some reason, it's often the first thing people try, and it gets them interested in trying more things.)

      ANYWAY, enough of that rant.

      Yes, Hasbro has made a lot of mistakes when it comes to computer entertainment (buying and selling Microprose and Atari; selling away and then buying back digital rights to most of their properties (including Scrabble and Dungons&Dragons)). Add this craptacular version of Scrabble to the pile (and a hefty amount of blame goes to EA too!)

      Point being, Hasbro hardly fits the mold of "buggy whip company". They keep trying new things, and yes, lots of them fail. But hey, they could have shut down Scrabulous before they had their replacement ready, so they could have shot themselves in the foot worse.

      I am opposed to the actions Hasbro has taken in this. Regretably, they are acting entirely within the law.

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  3. Facebook is not the Internet by joabj · · Score: 5, Informative

    The Web-based version of Scrabulous seems to be working just fine.

  4. 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?

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

      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)

      I totally agree. Someone really should have sued Newton for copyright infringement for that quote.

    2. Re:Older than me! by Anonymous Coward · · Score: 5, Informative

      And yet this has absolutely NOTHING to do with copyright. This is all about TRADEMARK. And no, trademarks were never meant to expire, nor should they. If you want to go on a rant, you should at least have a basic grasp of what you're talking about.

    3. 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?

  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:Why didn't they just buy scrablous? by jedidiah · · Score: 5, Interesting

    It's a crossword puzzle!

    It's older than your grandpa.

    There's nothing to "rip off".

    The only thing left that's not public domain is the name.

    This is why there are monopoly knockoffs. Their patent
    on a PD game invented by the Quakers expired a long
    time ago.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  7. You're doing it wrong. by Lilith's+Heart-shape · · Score: 5, Funny

    If these guys can do Scrabble so well, why not encourage them to do other Hasbro games in a way that makes Hasbro money?

    Stop making sense.

    1. Re:You're doing it wrong. by Anonymous Coward · · Score: 5, Funny

      David Byrne, is that you?

      I ran in to David Byrne just the other day. He's same as he ever was ... same as he ever was ...

  8. Re:Why didn't they just buy scrablous? by hansonc · · Score: 5, Informative

    From what I understand Hasbro did offer to buy scrabulous and the developers wanted "fuck you money" for it rather than taking what they were offered and thanking Hasbro for not suing them for an obvious trademark infringement.

  9. Re:same old story by BronsCon · · Score: 5, Funny

    HIV. It's about as active as scrabble and gets just about as much attention from the general populace. A ton of people have it but nobody really talks about it anymore.

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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: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.

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    Anthropic principle: We see the universe the way it is because if it were different we would not be here to see it.
  13. Re:Slashdot filters need revision! by twistedsymphony · · Score: 5, Interesting

    board games are still quite relevant.

    Every Friday I get together with a half dozen or so friends and we play card games board games or whatever. If you're playing with more than one other person the fun level of video games drops dramatically since a majority of the players become spectators. Most video games these days don't even offer very good multiplayer modes unless you're playing online, which is useless for local play. There are obvious exceptions but rock band and wii sports don't offer very high levels of intellect, where many board games do.

    The most common game played on "Game night" is Killer Bunnies, not a "board game" exactly, but the same spirit.