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Will the ax fall on Scrabulous?

July 27th, 2008  |  by jz  |  Published in Facebook, Future of the Internet, Generativity, Web 2.0 platforms  |  2 Comments

In 2006, two guys from India came up with Scrabulous, a Scrabble-like game that took off only after it was transformed from a standalone Web site into a Facebook app.  Hasbro, holder of the Scrabble trademark in North America, noticed, as did Mattel, holder of rights elsewhere, and asked them to take it down.  They refused, and in January ‘08 the rights holders approached Facebook to kill the app.  Facebook hedged, and there’s been an uneasy peace until now.

Last week Hasbro introduced its own Scrabble version for Facebook, and Josh Quittner reports that Hasbro is now suing the Scrabulous makers — and is leaning on Facebook once again to kill the competing app.  Note that it’s an open question whether Scrabulous is infringing anyone else’s rights — my own take is that if it is, it’s in the name alone, and that by calling it “rainbows and buttercups” instead of “Scrabulous” there’d be little claim of brand confusion.  (A residual claim that the Scrabulous game board infringes the copyright held in the Scrabble game board could be addressed by making it so that players can lay out the board however they choose — just like I could build my own Scrabble board at home and have a fair use defense to a claim of infringement.)

But Facebook may not want to be stuck in the middle, and under a threat of a lawsuit itself might decide to simply kill the app.  Bill Gates never had to face this dilemma: Windows was loosely enough coupled to its apps that no one ever thought to demand that Microsoft kill undesirable or illegal apps running on its platform.  (This remains so even as the Windows update service offers a monthly “malicious software removal tool” that could presumably target anything …)  Stay tuned.

–JZ

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  1. Joshua S. says:

    July 28th, 2008 at 9:00 am (#)

    While it would have been nice for Scrabulous to have named itself “rainbows and buttercups” or to have created an application that operated within the bounds of fair use, that is not what happened in this case. Scrabulous purposefully set itself up to look and feel like Scrabble, and by doing so gained a following of users. I am all for supporting generative technologies, but when that technology violates intellectual property laws it seems completely understandable to use legal and non-legal means to protect your interest.

    True, it is unfortunate that Facebook is able to kill the app so readily, but their unwillingness to do so shows one of the safeguards of non-generative technologies. Facebook knows that there are hundreds of thousands of users using the Scrabulous application, and they know that if they kill the app, it isn’t Hasbro that is going to get the brunt of users’ attacks. Users are going to complain directly to Facebook.

    I appreciate your concerns in general, but in this case it seems that users desire to use Scrabulous will force Hasbro to pursue its case in the courts, which is just where they should be pursuing it. If the courts find that Scrabulous has in fact violated Hasbro’s intellectual property rights, Scrabulous should be removed—as I’m sure it will be.

  2. Nick Kellet says:

    July 28th, 2008 at 9:47 am (#)

    I publish a board game GiftTRAP ( http://www.gifttrap.com/ ) and I’d be happy if someone was creating half a million conversations about my brand every day.

    Hasbro and Mattel have benefited from sales increases due to the born again popularity of their cash-cow game. They sell over a million copies a year when really nobody really needs another copy.

    I’m sure word games are seeing a resurgence. I know Bananagrams is selling well in stores and they are about to release a Facebook app, no doubt to try and grab a bunch of Scrabulous users.

    Creating a loyal following like Scrabulous is an impressive achievement, I have total respect for the Scrabulous guys.

    We created a Facebook app in the vein of Free Gifts to help promote our game but getting your social app moving is no mean feat. Translating a board game to an online game is far from obvious.

    The Free Gifts apps get 100k daily active users on Facebook, which is pretty cool. Our board game precedes the whole virtual gift tend, but it’s all about timing and reach.

    Check out our app here; http://apps.new.facebook.com/gifttrap/

    Unlike the Free Gifts app your friend gets to choose their own gift, the question is will you match. We have turned virtual gifts into a game a bit like Secret Santa.

    The GiftTRAP board game is on sale in Barnes and Noble right now which is pretty cool (no doubt next to Scrabble and Bananagrams).

    I hope Facebook doesn’t drop Scrabulous. My sense is they will, but it’s hard to call.

    It will be interesting to see what people do over time.

    Stuff that takes off on the web seems to have an edge to it and a legal copy of Scrabble might not have that. The whole thing could have peaked, but I’m guessing not.

Blog

  • FOI Topics and Links of the Week
  • The Extraordinaries Haiti Earthquake Support Center. A followup post on the Extraordinaries’ efforts to use ubiquitous human computing to help find missing people after the Haiti earthquake — a positive vision inspired by JZ’s nightmare scenario of crowdsourced secret police work. Did they succeed? “Yes and no”—but, as they detail, there’s obvious potential for future disaster relief.

    Amazon Cracks Open the Kindle. Amazon is opening the Kindle to outside developers who can market their products in what sounds exactly like an App Store, down to the 70-30 revenue split and and light policing of apps. (One difference is that developers have to pay for wireless delivery.) It’s seeming like this is *the* model for the next few years. Speaking of which…

    Computers Should Be More Like Toasters. The sale of the Apple Tablet could mark an important moment for generativity. Computers have been shrinking and phones have been growing—but the critical difference has been that anyone could still code for a computer, until now. The Tablet looks more like a computer than a phone, but will Apple will prescreen apps they way it does for the iPhone? Farhad Manjoo thinks that would be a good thing, but there are clear generativity costs.

    The Splinternet means the end of the Web’s golden age. Josh Bernoff points out that, as we switch to appliancized computers and smart devices instead of PCs, the web becomes a “splinternet.” Websites show up and operate differently on each device. He thinks about how to handle this from a business and marketing perspective, advising: “Here’s what not to do: panic and try to unify things again. The shattering cannot be undone.”

    Technology Changes “Outstrip” Netbooks. Meanwhile, the BBC considers the convergence among netbooks, smartphones, and tablet notebooks, and who the short- and long-term winners are likely to be.

    Apple censors Dalai Lama iPhone Apps in China. An interesting look at how censorship works on iPhones in China. (The story was written pre-Google announcement, so some portions are out of date.) Apple, complying with local law, appears to be removing apps related to the Dalai Lama in the Chinese App Store, and a search for Falun Gong apps freezes the search page. On the other hand, it’s possible to access YouTube through an iPhone app, which isn’t always possible on a PC.

    And in the crystal ball dep’t — from JZ’s book:

    Imagine entering a café in Paris with one’s personal digital assistant or mobile phone, and being able to query: “Is there anyone on my buddy list within 100 yards? Are any of the ten closest friends of my ten closest friends within 100 yards?” Although this may sound fanciful, it could quickly become mainstream. With reputation systems already advising us on what to buy, why not have them also help us make the first cut on whom to meet, to date, to befriend? These are not difficult services to offer, and there are precursors today.

    As usual, there’s an app for that… the “datecheck” app allows you to enter a name, phone number, or email address, and get information on your date. The categories are “sleaze detector” (check of criminal convictions & sex offenses), “$$$” (home ownership, etc), “interests” (gleaned from social networks), “living situation” (who they live with), and “compatibility”—although unfortunately, the “compatibility” check is still just a check of astrological signs. Now all they need is friends’ feedback rankings.

    —By Elisabeth Oppenheimer

  • Life in a clickshop
  • In talks about ubicomp, JZ gives an example of a worst-case scenario involving ubicomp platforms. He imagines that the Iranian government could use Amazon Mechanical Turk to identify dissidents, simply by posting pictures of protestors and ID-card pictures of the adults in the country, then asking Turkers to match protestor pictures to ID-card pictures. Voila—and the Turkers wouldn’t necessarily have to know what they were doing. In the department of amazingly cool ideas, though, the folks at the Extraordinaries reflected on the Iran example and then turned it around. After the earthquake in Haiti, they posted news wire pictures of people in Haiti (with crowdsourced help), asked others to post pictures of missing relatives, and finally asked volunteers to try to match the two up. This is v 1.0 of what could be a terrific and widely-used technology after natural disasters, allowing people at home to do more than just donate money.

    As we keep thinking about ubicomp and the potential upsides and downsides, it’ll be important to keep in mind that it’s a tool—a largely undeveloped one as yet—with much room to develop in both directions. In that spirit, I wanted to comment on this piece from Technology Review that casts a skeptical eye on Prof. Zittrain’s recent column in Newsweek on cloud labor (also known as ubiquitous human computing). The Newsweek editors gave the piece the ominous headline “Work the New Digital Sweatshops,” and Tech Review bloggers question whether that’s really a fair description of the Mechanical Turk platform. I’m not sure there’s a real disagreement here—the Newsweek headline overstated the content of the piece. Much of the point, as I read it, was just that cloudwork practices are so new, dynamic, and varied that it’s hard to know what the good and bad effects will turn out to be. As they point out, this could be a boon for workers here in the US who want flexibility and autonomy, as well as creating new kinds of opportunities for workers abroad. A few specific points are worth thinking about, though.

    They quote John Horton, at Harvard, who put out a HIT (“human intelligence task”) on Amazon Mechanical Turk asking about working conditions, and found that a small majority think AMT requestors treat workers better than most real-world employers. That surprised me—maybe I spend too much time reading Turker messageboards, where the theme is often discontent. I wonder, though, whether many responders use AMT for fun or small income supplements, rather than to earn a living wage, which changes the complexion of the situation. Even if Horton is wholly correct, though, it doesn’t mean requestors can’t improve. For a project I’m doing for JZ’s winter cyberlaw class, we’ve put up some AMT HITs asking about worker satisfaction. We’ve found that people do not like doing search engine optimization or creating spam, and a majority (though not an overwhelming one) likes knowing what the project is for. Disclosure of the company’s identity or the project purpose could become a much stronger norm on AMT, which would help fend off the problems of work alienation and unwittingly doing bad things with the platform, but wouldn’t detract from any of the benefits TR bloggers praise.

    The other major point they make is that this type of work can be good for workers in developing countries. That’s definitely true in some cases (see, for instance, previous blogging about CrowdFlower’s GiveWork program). I certainly don’t have enough background in international development to make an unambiguous statement either way. But surely it’s worrisome that children can be made to do the work as well as adults—there’s just no way of knowing who’s at the other end of the system. Overall, for better or for worse, we live in a society where we’ve decided that paternalistic labor laws play some valuable role. Some of them can be imported into an AMT context—but maybe not internationally—and the technology means that some can’t, even if, like child labor, there’s widespread condemnation. I would agree, and I think JZ would too, that we don’t want regulators charging in with too heavy a hand. But we should be alert to what’s happening on these platforms.

    —By Elisabeth Oppenheimer

  • A quick cosmology question
  • The amazing Hubble telescope has now shown us images of galaxies from 13.2 billion years ago.  That’s because the light comes from 13.2 billion light years away, and took (by definition) that much time to get here:

    “The deeper Hubble looks into space, the farther back in time it looks, because light takes billions of years to cross the observable universe,” the Space Telescope Science Institute said in a statement released Tuesday.

    So that makes sense on one level.  But here’s what I don’t get: the light only took that long to get here if the starting point for it was in fact 13.2 billion light years away.  Since the universe is expanding, if one rewinds time, it shrinks.  Indeed, I thought the Big Bang to mean that at one point the Universe was a singularity, both meaning in a condition for which our laws of physics can’t say anything, and that it was essentially compressed into a single point.

    But if it was compressed into a single point — apparently about 5-600 million years further back from the 13.2 billion we’re now seeing — that means that 14 billion years ago everything was, well, extremely close to everything else.  So unless the universe is expanding faster than the speed of light, how could anything be 13.2 billion light years away from us, 13.2 billion years ago?  Maybe something is that far now, but if so its light would only just be starting its journey to us.  The whole light year calculation presumes that something was that far away from us then – a time when the whole universe was much, much smaller in diameter.  Maybe it has something to do with the universe’s expansion as a matter of dark energy, e.g., the fabric of the universe itself expanding, vs. the expansion found as all the galaxies speed away from one another (countered by the actions of gravity)?  Something to do with the “inflationary period” catapulting everything really far away from everything else in one swoop?

    I’m sure I’m missing something here.  What is it?

  • Google takes on China
  • Google announced today that it would cease (well, phase out) censoring the results in google.cn, the Chinese-language version of its famed search engine.  It’s a pretty stunning move, both in its fact and in its execution.  First, the announcement of “A new approach to China” may appear to have buried the lede.  The lion’s share of the post is devoted to describing a series of coordinated attacks on the accounts of human rights activists, including those who use Google.  It includes a link to the amazing story of GhostNet, discovered by fellow ONI researchers when the Dalai Lama gave them his oddly-acting laptop to examine.

    Companies rarely share information about the cyberattacks they experience — conventional wisdom has it that it makes the company appear vulnerable, and drives customers away.  Here Google is open about the attacks, while of course assuring readers that it had tightened security as a result.  Google then links these attacks to a lessening of enthusiasm for doing business in China.  Eliminating censorship in google.cn is only mentioned after that.

    Suppose the Chinese government acts as expected and tells Google that it may no longer operate in China.  Google.cn might vanish as a domain name, since it’s hosted under the Chinese country-code TLD of .cn, ultimately controllable by the Chinese government.  But the search engine found there could of course keep operating from a different location, like cn.google.com.  Suppose then that China attempts to filter out traffic to and from that new location — and to and from google.com for good measure, as it has done from time to time, especially before the advent of google.cn and its agreement to censor.  (We’ll be watching for such moves at herdict.org, a site where users can report Web blockages.)

    What next?  My hope, and expectation, is that Google engineers who might have been a bit halfhearted about implementing censorship mandates in google.cn could be full-throttle in coming up with ways for Google to be viewed despite any network interruptions between site and user.  There are lots of unexplored options here.  They’re unexplored not because they’re infeasible, but because most sites would rather not provoke a government that filters.  So they don’t undertake to get information out in ways that might evade blockages.  Here, Google would have nothing more to lose, so could pioneer some new approaches.  Circumvention of filtering (or other blockages, for that matter) tends to happen on the user side of things, seeking out proxies like the Tor network, or anonymizer.com.

    To be sure, many of the larger benefits of operating in China originally cited by Google four years ago — exposing the citizenry to services beyond those locally grown and monitored; engaging them beyond the “China Wide Web” to which some government officials aspire to limit them; and gaining market share that can create momentum and support for later loosening of restrictions — may attenuate.  Google.cn is less known and used than, say, the local Baidu search engine, which boasts about 60% market share.  That share is about to get even bigger.

    But drawing a line is both the right move and a brilliant one.  It helps realign Google’s business with its ethos, and masterfully recasts the firm in a place it will feel more comfortable: supporting the free and open dissemination of information rather than metering it out according to undesirable (and capricious) government standards.

  • Malicious Apps in the Android Market
  • As we knew would happen sooner or later, a dangerous malicious app has apparently made its way into Android’s Market. The app is said to “create[] a shell of mobile banking apps” and collect users’ personal information. It’s been removed; no word on how many users, if any, were actually affected.

    Offhand, I can’t think of an app with comparable problems that has gotten into iPhone’s app store. What will be really interesting about this incident, and the similar ones that are sure to follow, is how users and vendors react. I can imagine this creating hysterical urging for Google to pre-screen all Android apps the way Apple does, but I think that would be premature. Yes, an open Market(s) is going to have more questionable apps, but there are many solutions other than lockdown—a strong user ranking for apps (which already exists), a way to alert people who have already downloaded the app, sandboxing (which admittedly wouldn’t have mattered here), or a quick way to freeze the app while complaints are investigating. They’re only partial solutions, but lockdown is only partial, too.

    Now that the Android OS is really starting to take off, this story is going to be repeated, and we’ll get to see how strongly committed Google is to the principles it built the OS on — and whether there are models out there for vetting third party code that do better than those of the generative PC, but aren’t as restrictive as that of the iPhone.

    —By Elisabeth Oppenheimer

    Update: eWeek reports that Google has removed a number of suspicious apps from its marketplace.  Of course, the more generative structure of the Android market means that “banned” apps can be obtained elsewhere — unlike the iPhone app monopoly enjoyed by Apple, where the iPhone App store is the only point of distribution.  –JZ

About Jonathan Zittrain

jonathan zittrain

Jonathan Zittrain is Professor of Law at Harvard Law School and co-founder of the Berkman Center for Internet and Society at Harvard Law School

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