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They'll be paying for this.
So if anyone is REALLY keen on playing it - they may just have to move down under :)
Steve
Pirates don't spend money turning what they steal into a new and better business for the victim. Rather than pirates, the scrabulous guys were more like free R&D and no-risk start-up capital for Hasbro.
These pirates should be getting a medal.
Its very difficult for a company to cannibalize its own babies, though. I think they made a mistake, and I hope they rethink this decision, and I especially hope that what they really intend is to create their own version of the game implemented in a manner or place such that nobody uses it.
I agree with your point that maybe it isn't right that they should pay something that is legally theirs, but they should have approached this as an opportunity, not a problem.
Imagine if they bought/merged with Scrabulous or gone about it any other way as an opportunity. They would have added one or two more features and then we would all be reading a blog post here about how awesome Hasbro is by making a cool online game cooler.
The fact that you advocate somebody being able to profit from others work shows what is really wrong with the internet.
They should have just sold it to Hasbro at cost. Both parties are at fault here: Hasbro should have pulled their head out of their asses sooner and the brothers shouldn't have been so greedy.
From the users perspective its free and easy to install. You can being playing "scrabble" with a friend in seconds, even if someone just wanted to try scrabble for the first time. This was a perfect way to generate new interest in a product that's probably experiencing deteriorating profits.
Letting Scrabulous and all the clones do whatever they want with Hasbro's IP is equally dumb. If the new guard just represents cheap knock-offs and greed, then count me out.
I assume Pete would be fine with me starting a site called Mashable that offers second rate coverage of online news vagualy related to social networking?
Just because they've been around for a while and staff is older than 30 may not mean they're evil - just not as spin savvy as some other companies may be.
Considering that they would technically by paying for their very own product for all intents and purposes, that makes no sense.
The only thing the brothers did was create an online format for Scrabble, that is it. The rules, points, layout and every single other thing is a blatant rip-off of the game.
Now, I do enjoy the app and have indulged in games online and personally I do think a FAIR agreement would be to license the online IP from the brothers since they obviously have a superior product to EA's bug-ridden mess and provide the brother's with compensation accordingly for their work. Everyone, except EA, would be happy.
There's a new business paradigm that we're slowly and painfully moving toward. I agree that Hasbro's decision might not have been the best, but offering a straight up buyout for a right price isn't in their best interest either.
Personally, what I would have done is agree not to pursue litigation in exchange for a cheap buy-out price and extend an invitation to these two young men to come work for the company and help lead an expansion of Hasbro's IP into the digital world. Scrabulous may have had 500K users, but it's hard to monetize facebook users. Let's face it, most of them are broke high school and college students. It's definitely worth something, but I don't think the suggestions of a 7 figure deal are spouting the correct valuation of Scrabulous.
Now I realize it's not quite the same, but if I "owned" the cure to cancer, and no one else was allowed to take my idea and make a actual product out of it, and I did a really bad or incomplete job of it, how would my "owning" the idea benefit society. Do I really have a right to control it because I was the first to have the idea? Too far a stretch? How about air-bags or seat-belts -- what if GM was the only one who could use them? Drugs? The US pays 10+ times the cost of drugs because pharmaceutical companies have the rights to them -- but in Canada and elsewhere generics are allowed to make them too, at much reduced cost. All because someone "owns" an idea.
Patents, IP, etc are an archaic idea that was suppose to give incentives to the respective owners to pursue taking an idea and creating a product from it without risk of others infringing on their "hard work" of developing the idea. Unfortunately, this often backfires and the idea gets into a half-baked product. They don't have to be good because no-one else can offer alternatives. Most of the world acknowledges that monopolies stifle markets and screw the consumer, while free markets and competition promote better products and prices.
This is exactly what happened with Scrabble/Scrabulous. While Hasbro has the "rights" to the idea, Scrabulous produced a better product. Actions (finished) speak louder that words (IP). While under the current system, Hasbro MUST defend their IP, or they'll lose it -- it's time that concept is abandoned for the betterment of the world, beit applied to a game, a product, a process or whatever.
Below is the new app. Bet you'll click and add the app.
http://www.new.facebook.com/apps/application.ph...
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I hate my generation.
Seriously people. It's the law. I hope the two thieves wind up in jail, and/or bankrupt when Hasbro wins their suit against them.
Or, let's say you spent twenty years of hard work developing the formula for a new kind of plastic. You patent it. You spend the next twenty years happily earning your income from the one licensee you've sold the formula to, who makes a little gadget you like. I come along. I suddenly realize that your formula could be put to much broader use making twenty other kinds of gadgets. I go to you and ask you to license the formula to me. You refuse, for whatever reason -- let's say you're just too aged and closed-minded to really understand my brilliant vision for the future of your formula. Does that then give me the right to simply appropriate the formula for my own use, without any compensation or attribution, and begin doing what I want with it? After all, you weren't really using it, right?
Or, let's say you spend five years writing a novel. You haven't published it -- the typescript is sitting in your desk drawer. One day I happen to open the drawer. I see the novel and I start looking through it. "This is brilliant," I say. "You should publish this." "I don't think I really want this to be published," you say, for whatever reason -- let's say you just don't get this newfangled "print" media. Does that give me the right to take it out of your desk when you're not looking and sell it to a publisher under my own name? After all, you weren't really going to ever make anything out of it, right?
Thank you for bringing these positions up. Let me address them one by one.
1) Kicking me off my land is different then using my idea for the following reason: You can "take" my idea and I still have my original idea. If you take my land, that's theft, because then I won't have my land. Ideas != Product.
2) If you want my formula and can figure out how to make it yourself -- go ahead. If it really took me 20 years to figure it out, but only takes you 6 months, then I'm pretty stupid. (Note: if you perform industrial espionage to steal the formula, that is a criminal matter - in the scrabble case, there was no stealing of secrets, it's there for the world to see). If I publish the formula and the process to make it, but state you can't use it, then that's just my stupidity again. This is why companies have company secrets (ie 11 secret herbs and spices) (Caveat: some formulas/processes must be disclosed to satisfy regulatory bodies, in which case a non-disclosure agreement will be in place with those agencies - that's not the same as making it public)
3) Again, this is a private vs. public issue. Since I have not disclosed my novel, you have violated my privacy to obtain it -- if you came up with the novel BY YOURSELF, possibly after reading a summary of my novel that I made public, then that's fine. If I'm stupid or lazy or disinterested in pursuing it, why should it stop you from pursuing it. Even if I did publish it and you published a novel basically the same after I let you read my novel, let the public decide who wrote it better by voting with their dollars.
Disclaimer: I am in the software and web development business. I fully support open-source application development -- in fact, I owe my career to people who develop and give away their software for free. I have done great things with their ideas that they never would have pursued and made many people happy with it -- none of that could have been done if we held to the old concepts of owning ideas. When I develop something, I fully acknowledge that although I came up with the idea first, others will emulate it -- for the betterment of others. If they're smart, they might even make it better. I could waste my time trying to protect my ideas, or I can spend that time coming up with, and putting into practice, more ideas.
I share the opinion of some posters here, now negotiation has just begun.
The shutdown might be only a first shot to get a better position. Lets wait and see what comes. :)
1. Facebook did not kill Scrabulous. Facebook received the notice, and the owners of the game voluntarily pulled it before FB even had a chance to respond or take any action of any kind.
2. Hasbro has a very serious obligation to make claims on its intellectual property. As any IP lawyer knows, if Hasbro fails to take action on infringement cases, they may lose their right later to take action if an even more serious infringement case comes to light. By allowing other groups to infringe, however minor the infringement might be, on their IP, eventually anyone could infringe and Hasbro may lose the infringement claim.
None of this is to say you're wrong on your points, per se; perhaps Hasbro should have purchased Scrabulous. But what would that do? They would change the name anyway. If people love the game, they're not really going to care who provides it.
http://www.tastesliketv.com/shorts/latest/scrab...
The following is a direct quote from US Copyright Office FL-108.
"The idea for a game is not protected by copyright. The same is true of the name or title given to the game and of the method or methods for playing it.
Copyright protects only the particular manner of an author’s expression in literary, artistic, or musical form. Copyright protection does not extend to any idea, system, method, device, or trademark material involved in the development, merchandising, or playing of a game. Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles."
'Hasbeen's' arrogance in interrupting we Scrabulous game players in the middle of our games is beyond comprehension to me. Instead of seeing an opportunity to reinvigorate their failing games and toy markets through renewed consummer interest, they have totally squandered our good will by "pulling the plug" on Scrabulous.
The absolute stupidity of imposing an under development, low quality EA alternative on us just magnifies their arrogance. Until Scrabulous is restored in its current conception, I plan to totally boycott all Hasbro and Mattel products. Although the lack of toy, card and board game purchases by a single previously solid customer will only be a minor irritant to them, this action multiplied many times over could have a major impact. I certainly hope it does.
Sure, I agree that Hasbro prob could make a little more by owning scrabulous....but at what cost on the rest of their game portfolio....they basically just say "take all of our game assets and knock them off as you see fit....if you screw our brand in the process...oh well...but if you are a success, we'll make you rich for the theft".
Normally MASH has great stuff....but you guys are just flat wrong on this one.
I suspect the lawsuit is a chess move, part of the negotiating process.
There are better places to go for games but FaceBook is hard to beat for soft marketing my safety and security products.
Raising awareness for personal safety is a passion of mind. FaceBook allows me to interact with the people whose safety concerns me and get the message out. No games for me.