All Things Digital

Well, this certainly wasn’t what Hasbro had in mind when it sued Scrabulous for copyright infringement. No, I’d guess boycotts, malicious attacks on the official online version of Scrabble, and the rebirth of the knockoff of the classic board game under a new name were about the last things on Hasbro’s mind. Yanked from Facebook earlier this week in response to a legal request from Hasbro, Scrabulous has returned to the social network with a new name and a new look. Rebranded as Wordscraper, Scrabulous still recalls Scrabble, but with its new design and rules it may now be different enough from the board game to deflect Hasbro’s lawsuit.

“Copyrights are not supposed to protect board games,” intellectual property attorney Pete Kinsella told CNet News.com. “What copyrights protect is the expression of an idea rather than the idea itself. The law allows people to design around things, and particularly when there isn’t patent protection, the law has great incentive to design around things by making things somewhat different.”

Which is an unfortunate state of affairs for Hasbro (HAS): The newly launched Wordscraper has, in a very short time, already signed up 3,569 users. And it will surely gather more as word of its debut spreads. What will the game company do now? What will it do if Wordscraper’s creators release it as a true board game?

“Scrabble: Every Word’s a WINNER!”

Except for Scrabulous, apparently. The online knockoff of Hasbro’s 75-year-old word game has been removed from Facebook at the game-maker’s request. “In response to a legal request from Hasbro, the copyright and trademark holder for Scrabble in the U.S. & Canada, the developers of Scrabulous have suspended their application in the U.S. and Canada until further notice,” Facebook explained in a statement.

Not exactly a surprise, given recent events. Last week, Hasbro filed suit against Scrabulous creators Jayant and Rajat Agarwalla, claiming trademark and copyright infringement. “Hasbro has an obligation to act appropriately against infringement of our intellectual properties,” said Barry Nagler, Hasbro’s general counsel, at the time. “We view the Scrabulous application as clear and blatant infringement of our Scrabble intellectual property, and we are pursuing this legal action in accordance with the interests of our shareholders, and the integrity of the Scrabble brand.”

An understandable view. Scrabulous is, let’s face it, trading on Scrabble’s name and conceit. And, until it was pulled, it had over two million users and was generating over $25,000 per month in revenue–for someone other than Hasbro. That said, when was the last time you played Scrabble offline?

If you answered, “I can’t recall,” or “at Aunt Marge’s house when I was eleven,” you’re probably like a lot of other folks out there who only rediscovered the game because of Scrabulous. And when you think about it that way, Scrabulous could have been the perfect licensing opportunity for Hasbro (HAS), had the company decided to view it as that, instead of an affront to its intellectual property. Two-million- users-and-growing is a hell of a lot better than the 8,900 users the official Scrabble Facebook app has garnered since its launch earlier this month.