What about the trademark issues though?  I forget what the extent of 
trademark allows but I was under the impression it is protected for as 
long as the product is on the market.  And as much as I love Scrabulous I 
can't help but notice that the colors, layout, etc of the board are a 
nearly exact match.

O

On Fri, 1 Aug 2008, Nelson Pavlosky wrote:

> Elizabeth Stark wrote:
>>
>> And Nelson, just to play devil's advocate here, isn't this just a clear
> case
>> of infringement of the Hasbro's copyright (and the Scrabble trademark for
>> that matter)? Should Hasbro not hold the copyright to scrabble? What is the
>> scenario we'd like to see? Should board games not be copyrightable matter?
>> Should naming a game with such a similar name not be trademark
> infringement?
>
> Well, ideally copyright would be shorter so that a game created in 1938
> would be public domain by now.
>
> Failing that, I think we should put pressure on companies not to enforce
> their copyrights to the hilt.  Just because you have the legal power to
> do something doesn't make it the right thing to do, either for your
> business or for the public good.  Working with "pirates" in a civil
> manner instead of trying to sue them out of existence might have given
> us a healthy online music business back when Napster was created instead
> of like a decade later with iTunes, Amazon etc.   A legitimized Napster
> I think would have been a seriously good thing.  Similarly, working with
> Scrabulous might have been more productive than suing them.  As the
> Economist article I linked to suggests, perhaps companies should
> consider more seriously whether the "piracy" is actually a bad thing
> before sending in the lawyers.
>
> We have carrots and sticks, folks.  We can boycott companies that don't
> play nicely with others, and we can do things like CarrotMob
> <http://www.carrotmob.org/> to benefit businesses that are friendly to
> their fans and customers instead of suing them.  Let's encourage people
> and companies to share more and to hoard less, because generally in the
> information economy, it's not a zero sum game, when you share frequently
> everybody wins.
>
> Peace,
> ~Nelson~
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