The printing and design is protected by copyright but the concept of a
gridded gameboard upon which one places lettered tiles seems not.

IANALAIDW2B1BIATH


Kevin


On Fri, Aug 1, 2008 at 2:42 PM, Elizabeth Stark <[EMAIL PROTECTED]> wrote:
> The design of the board is copyrightable.
>
> On Fri, Aug 1, 2008 at 2:37 PM, Kevin Driscoll <[EMAIL PROTECTED]>
> wrote:
>>
>> Those dudes are b.a.n.a.n.a.s. for not taking $10millie if it were
>> indeed offered but I am not sure about the infringement here. There's
>> definitely trademark confusion (check out the board, dogs!) but game
>> rules aren't copyright protected. I believe they fall under patent.
>>
>> I am consulting with some of my gamer colleagues in GAMBIT to find out.
>>
>> I used to play Literati all the time on Yahoo games. It was very
>> similar to Scrabble... but perhaps not similar enough? Or maybe it was
>> 2002 and Hasbro wasn't yet hip 2 da scene?
>>
>> Kevin
>>
>>
>>
>>
>>
>> On Fri, Aug 1, 2008 at 1:19 PM, Oliver Day <[EMAIL PROTECTED]> wrote:
>> > 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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>>
>>
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