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Wordscraper: Don't Call It Scrabulous! (Now with X-tra Bonus Analysis)
The tale of the tile continues... Scrabulous' developers have re-launched the app with a new look and new rules in order to pull an end-run around Hasbro's takedown order. But will it be enough? So far, it's hard to tell. The rules link still points to a Scrabble wiki, and the Help link points to the now-defunct Scrabulous entry in Facebook's applications section.
The reason for Scrabulous' extreme makeover has its roots in some pretty gray legal matters: the real problem wasn't that it ripped off Scrabble, but that it ripped off Scrabble so blatantly. The colors of the board were the same, the list of rules led to a Wikipedia entry for Scrabble rules, and the two names were similar enough for Hasbro to cry foul.
But why didn't Facebook just remove Scrabulous from its apps stable? It had done so in the past with other apps: either blocking spam-friendly add-ons or getting developers to tone down their file-sharing engines.
The article below describes Facebook's move as "activist", but iI think it's just about keeping one of its most popular apps alive and well, so that users will keep coming back to Facebook... there were many days when Scrabulous was the only element of Facebook that I used.
Security and spyware are obviously serious issues, but so is the threat of lawsuits over intellectual property--just ask Viacom or the RIAA. And Facebook has dealt with IP issues on its platform before: "There was some early uproar when Facebook first permitted applications, about some of the music-sharing apps," said intellectual property lawyer Denise Howell, who writes the blog Bag and Baggage, citing concerns from watchdog groups that the widgets could be used for illegal file-sharing.
"What ultimately happened then was that the music-sharing apps very rapidly were tweaked, so that people weren't doing any actual file-sharing."
Facebook was running a similar, albeit less clear risk with this case. Rumors of Hasbro's beef with Scrabulous began to arise in January, and some legal experts now say that Facebook ran the risk of getting pulled into the matter for not acting on it. "(Hasbro) certainly could've saber-rattled and pushed the issue with Facebook," said Howell, "particularly under the Grokster decision from a few years back...Facebook has to be very careful, even if it's getting indemnity from the people who are putting applications on the site. That indemnity might not amount to much if there's very little there to back it up."
Previous scrabulo-coverage can be found here.
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Most RecentMost Recommended Comments (4)
at 23:27 on July 31st, 2008
I took my screen shots to use for a blog post when I first discovered the game. I was so excited about the email game options that it didn't register with me at first that the game does not acknowledge Scrabble in any way, though it is obvious that there is more going on here than just admiration and inspiration. I'm still playing email and solitaire games daily, but will abandon my obssession if Hasbro has requested that the general pulic not support the site by playing. Here's my blog post.
skeeterbess has contributed a photo to this story.
at 04:21 on August 1st, 2008
I took my screenshot because of a particularly serendipitous rack. I absolutely see Hasbro's point about the name and board design/rules, but the developers of Scrabulous obviously also came up with a lot of features that Hasbro then blatantly copied in their official beta, only in a more bloated way. Did Hasbro work out a deal compensating the developers for envisioning the features that users wanted above and beyond the basic board structure? I am not impressed with the Hasbro beta (even when it works properly). Do I really need to watch a cute animation every time I want to play a game or press a button? Yawn. No thanks. I prefer using the proxy workarounds to continue to play Scrabulous with the interface I like vs. installing Wordscraper or using the official beta.
at 08:01 on August 1st, 2008
jordan, I like this story. It's good stuff.
at 08:43 on August 1st, 2008
My first bingo, but hopefully not my last.
Katie DeGraff has contributed a photo to this story.