This was on the cards but is now official. The Indian creators of the popular Facebook application Scrabulous have been sued by Hasbro, the US based company that owns copyright over Scrabble. Check out reports here, here & here. The suit has been filed against RJ Softwares, the Kolkata based software development company owned by Rajat Agarwalla & Jayant Agarwalla, who together created the game. Hasbro is apparently seeking damages from RJ and asking them to stop using the name ‘Scrabulous’ for their game. Not just that, they have also sent a copyright notice to Facebook under the DMCA (Digital Millennium Copyright Act) saying that it infringes the company’s intellectual property and asked them to remove Scrabulous from its site, which Facebook has refused.
Hasbro incidentally now has its own version of Scrabble on Facebook and that has 8K users compared to over two million for Scrabulous.
Its not going to be easy for the Indian team to fight the lawsuit since it is filed in New York, while they are based in India. Apparently some talks had happened between the two parties over a possible partnership (or acquisition) but that did not materialise. Facebook’s position is precarious as well. Under the Safe harbour provisions the DMCA, they are bound to take down the application failing which they could be dragged into a bigger litigation.
While I’m not an expert on this topic, I do have a working knowledge of DMCA. I think the use of the title “Scrabulous’ might have been a mistake by the Indian team and it might prove crucial in this case. The standard procedure adopted by internet companies in DMCA infringements is to either take down the disputed content straightaway if they think it violates IPR, or suspend it temporarily till a decision has been reached.
Question to Indian readers- without being jingoistic, whats your opinion on this issue?
I wonder if they could make the claim that the name scrabble is the activity involved similar to ‘Googling’ instead of searching.
Google has always asked the public to refrain from this as they worry losing their trademark.
Could not Scrabulous make an attempt at this by saying they believe the name Scrabulous to be generic and implying a word game of a specific type?
I am probably totally wrong but this was the first thought that came to my mind.
Also I doubt FB needs to take down the application as the courts have yet rule. If one could just take a competitor to court in order to cause such a disruption to their business wouldn’t Apple do that to MS and vice versa?
Cheers
From Non-lawyer Guy
Non lawyer guy….
You actually sound like a lawyer to me …
About the ‘googling’ thing, I bet that is going to be the first line of defence argument.
Your second point – its not mandatory but to be on the safe side, this is the practise.
Why would Indian readers be jingoistic? This is not a nationalistic issue, just 2 companies battling it out.
It was fair for them to use the term Scrabulous according to me. Hasbro would have to show that they have historically tried and preserve their trademark. A deal (Scrabulous bought by Hasbro) will be reached irrespective if the application is taken down / renamed or not. With 8k users Hasbro won’t be able to get any traction whatsoever and Facebook won’t give them the app called “Scrabulous” anyway.
My 2 cents.
Sumit,
Apparently, Hasbro did try to buy Scrabulous out, but the two indian brothers asked for an amount which Hasbro thought was outrageous.
It is not just the name which is a problem. Hasbro holds copyrights over their board design. That’s what they mean when they say “IPR”.
DMCA rulings have been unpredictable but I think Hasbro has got a stronger case here.
Hmmmmm
I love this conversation!
@Amit
Truly I am not, just have my own experiences and read lots. Being a business man you can’t go through life completely ignorant of major presendents, wouldn’t you agree?
@Sumit
Not following you. How did this become a national issue? It is common practice regarding the region of a lawsuit to both file in the US and also furthest from a competitors support structure. Its (good) strategy nothing else. Filing in the US gives Hasboro a better chance at higher $$ judgement, their lawyers are probably mostly certified there so it means they have confidence in their performance in court and of course they know it will be a struggle for their competitor to reach. Additionally (I am guessing here) New York was probably not an accident, Hasboro probably feel they are more likely to get a favourable judgement there for some reason.
@Nilesh
Hasboro has a stronger case for sure because they are applying US law abroad. Hasboro has copyright, and TM with the US. This issue is more about the application of US law abroad. At least for me this is what I recall from earlier in the millenia when everyone even the Europeans (where I live) got upset with American companies sueing companies abroad for breaking american law. The best example of this is the RIAA.
@All
For me I think the brothers should try to find a way of breaking Scrabbles hold grip in India and China. If Scrabulous can do that then no matter what happens Scrabble will lose because you guys represent the best long-term growth prospects so then Hasboro (in fear) will be forced to pay lots to buy you out not wanting to lose their grip on the best and fastest growing markets.
Also can Hasboro have a copyright over the digital version of their gameboard in Europe as Europeans don’t allow copyright over software innovation. Hmmmm Could Scrabulous leave Scrabble with just support in North America if they fight it passionately?
On a personal note I have always found it curious how someone can hold a copyright over something in Cyberspace like a game board, but whatever, I AM NOT A LAWYER so its probably over my head 🙂
Ultimately you and I know they stole it and are gaming the system so really I feel no hard feelings for them, they get what they get as a small business owner I am not happy to see anyone ripped off as it may lead to me receiving the same treatment one day.
Cheers
Roger
I call this unfortunate for the the Indian company. Hasbro would make use of legal hawks to try and mow the company down. I don’t know what kind of revenue model they have for Scrabolous.
Maybe they can change the name and reach some kind of settlement.
This is what comes from not having enough information about IPR. It’s a problem pretty widespread in Indian businesses.
i am indian, so, steal everything, call it imitation
@Non-lawyer Guy,
Copyright, unlike patents, are recognized across national boundaries. See here: http://en.wikipedia.org/wiki/Copyright#International_treaties
Patents are a national matter, and I think that’s what you’ve got confused with. EU does have software copyrights. What it does not have is software patents. A totally different issue.
India, as a signee on TRIPS, has to recognize the copyrights of all other signee countries. That is why you cannot legally sell Harry Potter books without taking permission of its publishers.
Any work of art, whether in cyberspace or otherwise, deserves a copyright. Now, whether game board design classifies as a work of art or not, that is a question only a lawyer would dare reply.
This case in particular, touches a lot of gray area and therefore, I would not venture a guess which way things would turn. 🙂
cheers
nilesh
@Nilesh
That was a pretty big error and admittedly it was very late at night for me so please don’t think I am an idiot because I actually know what you have said Nilesh.
I am more embarrased and glad that you corrected my error as I don’t want to misinform anyone.
It would be hilarious had my error not been so embarrassing as I have said.
Cheers
I have gotten many people into scrabble the board game by playing this game online with them. It was a fuel for Hasbro not trying to steal their thunder. Hasbro is making a huge mistake in my book; they can not handle the competitive challenge by making a better version or something interesting that brings people to their app instead of Scrabolous instead they have to deface the GAME.
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