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January 11, 2008, 11:42 am

Will someone please start a Facebook group to save Scrabulous?

By Josh Quittner

I can’t tell if Hasbro (HAS), the maker of Scrabble, is the smartest company in the world or the dumbest. Over 100 million sets of the game have been sold in 121 countries, in 29 different languages, according to everyone’s favorite source. What a cash cow.

So, why in the world didn’t it create a free online version? Could it have something to do with the digital rights being in flux, thanks to a recent licensing deal that assigned online Scrabble rights to EA (ERTS). If so, why oh why would it let someone else do it, and reap the rewards? But that’s just what happened when two guys from Calcutta, Jayant Agarwalla, 21, and his brother, Rajat, 26, created a knockoff called Scrabulous.

Their site launched in 2006 and quickly signed up 600,000 registered users. Not too shabby for a year’s worth of work. So the brothers launched a Facebook application in June, 2007 and the results were stunning: 2.3 million active users as of today. For those of you keeping score, the application generated 270 70 million pageviews in the past month. Not a bad deal for a two-man operation.

But all good things must come to an end, which is bad news for Scrabulous fans, and even worse for the Agarwalla Bros.: Hasbro’s trying to shut the site down. “They sent a notice to Facebook about two weeks ago,” Jayant confirmed to me. “The lawyers are working on it.”

As a recovering Scrabulous addict (actually, I have since moved on to Facebook’s harder stuff, Texas Hold ‘em), I’m devastated. But as a tech writer and life-long student of what passes for Internet economics, I’m baffled. Is Hasbro just a stupid Potato Head? Or is this a brilliant game of Stratego?

My calls to the company have so far gone unanswered. A spokesman for Facebook, who said she was unaware of what was in the works with Hasbro or Scrabulous, said, “we don’t typically comment on legal matters.”

If I were an evil genius running a board games company whose product line spanned everything from Monopoly to Clue, I might do this: Wait until someone comes up with an excellent implementation of my games and does the hard work of coding and debugging the thing and signing up the masses. Then, once it got to scale, I’d sweep in and take it over. Let the best pirate site win! If I were compassionate, I’d even cut in the guys who did all the work for a percentage point or two to keep the site running.

Perhaps that’s what will happen since both the Scrabulous site and Facebook app are still up and running. Indeed, Jayant told me that he was hopeful they’d find an 11th Hour solution. “We’re trying to work out some kind of deal,” he said. I hope so, too.

Jayant said that he didn’t exactly understand what all the fuss was about. Its ability to generate insane numbers of pageviews notwithstanding—he said some players play as many as 170 games at a time on Facebook—the application isn’t throwing off that much money. He declined to say exactly how much, pegging revenues at “over $25,000 a month.” Hmmmmm.

The brothers got the idea for Scrabulous after becoming Scrabble freaks a few years ago and playing at another free site, Quadplex. After it started charging users, however, they decided to build their own “without thinking through the legal aspect at the time.”

Jayant pointed out that there are a number of other Scrabble knockoffs online. “I’m not sure why Hasbro actually picked on this,” he added. Because, dude, you’re the best.

OK well in my 50+ years on earth I have bought more than 6 traditional Scrabble games. I have also bought 2 PC versions. There is no fear of losing my dedicated dollars. I enjoy Scrabulous because I can play long distance with all of my family members, regardless of our crazy schedules, and lives. Save the game!!!

Posted By S. Nelson Algonquin,IL : March 20, 2008 9:19 pm

In response to Gordon Rae, Exeter, UK: A trademark owner is not at the mercy of a licensee to protect their property. That would be the equivalent to saying a car rental agency couldn’t press charges/ bring civil suit against a thief that stole the car from a renter. Further, a trademark owner is not required to give exclusive licenses, it depends on their license (contract). This is not unlike the English law on which the American law is based. Trademark is a “use it or loose it” right. The rationale is that trademark prevents confusion between products. There is definately room for confusion with a name like Scrabulous. Companies have to defend a trademark or they loose the rights. Now it is quite possible that Hasbro can work out a deal. As indicated by the passions stirred up on the net over this, there is more at stake than trademark for Hasbro. Goodwill is on the line.

Posted By Mike S., Sioux Falls, S.D. : January 27, 2008 9:30 am

Charles Brace Darrow - are you the guy that invented Monopoly? And died in 1967? Are you some troll put up by Hasbro to stir up rage in this group? Why don’t you put your employer’s side of the argument? Why don’t you even acknowledge that the Internet rights to Scrabble don’t belong to Hasbro - they are licensed to Electronic Arts?
C’mon… don’t be a sock puppet. licensedhttp://en.wikipedia.org/wiki/Charles_Darrow

Posted By Gordon Rae, Exeter, UK : January 20, 2008 6:15 pm

People seem to keep forgetting something tremendously important to all of this. Games cannot be copyrighted (in the US at least)! Check out http://www.copyright.gov/fls/fl108.html for the full skinny. So, this is not a copyright issue. It’s a TRADEMARK issue. The dead easy solution to all of this is change the name of Scrabulous to something that isn’t close to infringing. They have enough of a following now that changing the name shouldn’t bother many.

Posted By Phil, St. Louis, Missouri : January 19, 2008 3:25 pm

stealing is stealing… why not put every copyrighted game, book or material on Facebook and then form a “save this” groupssaying that the company should have provided an online version for free to justify the fact that the ideas and work of others are being stolen and used to profit someone else.

The people who are supporting this notion that this is okay, are probably the same people who say they are justified in downloading movies, songs and tv shows without paying for them.

Posted By Darcy, Kingston, Ontario : January 17, 2008 8:49 am

As you say in your article, the ideal scenario is that Hasbro and/or Mattel settle with the Scrabulous developers in some fashion. The application stays in place, officially licensed, while the rights-owners get the money. There is considerable precedent for this: the Hasbro Scrabble CD-ROMs are all built around AIs that were originally developed independently by expert Scrabble players who also happened to be computing scientists. While Hasbro does stand to lose a lot of potential CD/download sales when a free alternative is doing so well (and already does so because of free services like ISC), I doubt their final intent is really for the game to have no Facebook presence whatsoever.

Link: http://www.nicholastam.ca/2008/01/16/absolutely-scrabulous/

Posted By Nick, Edmonton AB : January 16, 2008 6:05 pm

@Charles Brace Darrow: Awesome! Are you speaking on Hasbro’s behalf here? Is it Hasbro’s official position that Scrabulous “is infringing copyright and intellectual property” and that other versions “were pure tripe”?

I am glad that Hasbro finally put their spokesman to work letting the world know their position!

Posted By Drew, Tokyo, Japan : January 16, 2008 5:45 pm

Charles Brace Darrow sez: “As an employee of Hasbro it must be noted that this is an area of the market that interests Hasbro.”

Well it’s certainly taking you long enough. Virtual Mr. Spud Head was an(other) popular online app … until it apparently met with legal action from Hasbro.

The game was later modified and the name changed to Apple Corps. (No, Apple hasn’t come after them. Then again, Hasbro never made its own online version either.)

http://apple-corps.westnet.com/apple_corps.html

Posted By Anonymous, New Jersey, US : January 16, 2008 5:11 pm

Join the fight comrades - Join the group!
http://www.facebook.com/group.php?gid=4772916593&ref=mf

Posted By Jim, London, UK : January 16, 2008 9:39 am

For all concerneced who think this is a typical fat cat company going out guns a blazing killing what little fun people have etc and being stupid in its decisions, it is indeed not the case.

Have you possibly considered that there might already be an existing Scrabble game in development? Have you thought that this particular Scrabble knock-off was so close to the real game that is is infringing copyright and intellectual property, while the other ‘versions’ available on the net were pure tripe and not even close?
Obviously it could have also been acted on further due to Social Networking sites popularity in this modern age.

As an employee of Hasbro it must be noted that this is an area of the market that interests Hasbro. Gaming in particular is now an area we are working with EA on and this is why we have tied in a deal with EA. We want to provide the same enjoyment people have playing the game at home, online, or on mobile computers.

Hasbro is one of the few companies that really try to help and work with communities, but this goes amiss when some free game is pulled from a site which should not have gone live in the first time.

Ask yourself this - Why did Facebook allow a product to be made so publicly available to millions, while not even checking legal matters.

Posted By Charles Brace Darrow, Hasbro Rhode Island : January 16, 2008 8:56 am

I’m flabbergasted that Hasbro has never provided an online version (at least not one that I could find). It’s an obvious thing to do. So while they have the moral high ground on intellectual property, they get low points for intelligence.

Several folks have mentioned isc. It’s good for real time games, but Scrabulous has the nicest overall implementation I’ve found.

Posted By Dottie, Seattle WA : January 14, 2008 2:45 pm

Hasbro might be able to get the game off of Facebook but I doubt they’d be able to get the original site taken down if it’s hosted in India. Does U.S. Copyright law extend to other countries?

A wise move for Hasbro would probably be to somehow buy Scrabulous and use it on their own site. It’s not like people are going out and buying the actual games these days. It would definitely be a way to increase revenue.

Posted By Kenya, Oakton, Va : January 13, 2008 9:09 pm

why to play Scrable is better than reading a book ?

Posted By ihtys : January 13, 2008 4:47 pm

Hopefully Scrabuolous wont shut down but theres alternatives thank good:

http://www.isc.ro or http://www.betapet.com

Posted By Peter : January 13, 2008 6:14 am

Your link to Scrabulous in the article as a comma after the www in the address. No worky

Posted By Anonymous : January 12, 2008 9:25 pm

check out http://www.isc.ro best scrabble site on the web, and free!

Posted By vegmonkey : January 12, 2008 6:51 pm

I play Scrabulous on Facebook. It is not only a ’scrabble’ game site, but also a group of regular players and posters to the online forum (discboards or ‘discussion boards’).

I think the point is that ‘the brothers’ as they are fondly called on the discboards, weren’t being malicious or deceptive.

They actually did contact the company (Scrabble is copyrighted by two different companies for two different sections of the world, which makes this all the more confusing). The company didn’t respond back.

I’m not saying that the onus isn’t still on them, but the ‘fight’ not to have is shut down isn’t to contravene copyright laws, it is that it is a site loved by MILLIONS of people, it is not making a killing off of charging its users, and it is a VERY positive thing for Scrabble. There are new players who haven’t ever played the game before that have gone out and bought games. There are people that have the game, but with a renewed interest, are looking at getting an upgrade (there are some ‘deluxe’ boards out there) or giving them as gifts… or even just playing it in real life more often now. (I’ve done both those things).

Online means playing more games at once, being able to play with friends and family far away, and meeting more Scrabble lovers.

The profile of Scrabble has gone up a great deal from this site existing.

I would rather see some sort of resolution than shutting down the site, because the disappointment of it happening would only result in players being upset and disappointed with the company.

Posted By Nancy, Ottawa, Ontario : January 12, 2008 6:33 pm

boy…it’s about time…I don’t blame scrabble co. but those facebook people need all the help they can get…don’t even try to use a three syllable word on facebook…they’ll look at you like an elitist snob…if they ever really consider you again…good luck guys great idea…try to keep educating them…

Posted By frodo441 : January 12, 2008 5:51 pm

For myself, as long as my Scrabulous play continues unmolested and free of charge, I don’t care who actually has ‘control’. I think Hasbro has another thing coming if they thing they are putting a stop to my gaming access.

Posted By sedgehammer : January 12, 2008 3:19 pm

I actually bought the deluxe version of Scrabble because I loved playing Scabulous on facebook.

Posted By Tina, San Mateo, CA : January 12, 2008 1:40 pm

They gotta keep it goin’!

Posted By robinrich : January 12, 2008 11:54 am

I have started a Facebook group to try to save is as I am somewhat addicted and think it would be a real shame if it were shut down! My group is called ‘Save Scrabulous on Facebook!!’ (original I know) Please join!!

Posted By Helen Howard, Melbourne, VIC : January 12, 2008 12:56 am

“a board games company whose product line spanned everything from Monopoly to Clue”

Heh, to a board-game geek, that’s really spanning the gamut from A to B. Even sticking to Hasbro®-branded properties you could widen it to “from Twister to Risk”…

Hasbro is basically the Microsoft of board games. Inexplicably huge market share, mediocre products, buying up competitors instead of innovating. I have no sympathy for them. In fact, I suspect this episode might be a small bit of karmic payback for their (well, Parker Brothers’ ;) theft of the game Monopoly from its real inventor. (Yes, that was back in the ’30s, but it’s kind of shameful that they still perpetuate the Charles Darrow myth in their marketing.)

Posted By Jens Alfke; San Jose, CA : January 12, 2008 12:36 am

Most of Hasbro’s plea is going to be based on the fact that the name of the game starts with “scrab” and creates connotations of their own game even though it is spelled differently

Posted By Manolis Votsis, Thessaloniki, Greece : January 12, 2008 12:24 am

i don’t get it. i’ve been playing scrabble on-line for years for free at the international scrabble club:
http://www.isc.ro.

who needs scrabulous?

Posted By david, sacramento, ca : January 11, 2008 8:50 pm

If you’re going to be in software, you’d better have a decent understanding of IP protection law. Jayant’s argument that it isn’t making much money so Hasbro should just leave them alone is breathtakingly wrong-headed. Dude…you knocked off their IP. They don’t owe you an explanation. They have all the legal rights here and you have none. I’m usually all for the little guy but…only when he’s not so obviously on the wrong side of the issue.

Posted By Jim, San Mateo, CA : January 11, 2008 5:56 pm

Buy your competition and get the best of all possible worlds

Posted By marshal sandler royal oak mi : January 11, 2008 5:48 pm

Games cannot be copyrighted but names can be trademarked. Scrabble is a trademark. e-Scrabble was shut down 2 years back. Do the Aggrawala brothers think others were just stupid to not build scrabble and monopoly like online games?

Posted By kart barman, sterling va : January 11, 2008 5:45 pm

get over it, they are benefiting from the use of hasbro’s property. the brand confusion is intentional and annoying.

what’s next? moonopoly? candylane? i think hasbro’s mistake is not stomping this out earlier.

Posted By pm, miami, florida : January 11, 2008 5:01 pm

The rules can not be copyrighted, but the gameboard and tiles can be.

I haven’t played Scrabulous, so I’m not sure how the game is presented. If it is played on a mimic of a Scrabble board, then it is in violation.

Posted By Jason, Omaha, NE : January 11, 2008 4:56 pm

The rules for games cannot be protected under copyright law:

http://www.copyright.gov/fls/fl108.html

Posted By Mike, New York, NY : January 11, 2008 3:40 pm

>Well, the company cannot digest the fact that these successful bros are Indian otherwise they would have worked out a peaceful deal.

??

what does having them be Indian have to do with anything?

Posted By dbcn, NYC : January 11, 2008 3:37 pm

Well, the company cannot digest the fact that these successful bros are Indian otherwise they would have worked out a peaceful deal. Well done you bros.. keep it up and hope that you get a even share for your efforts. I think Hasbro will win for all the fuss on rights and stuff like that … they should probably make peace.

Posted By Cullinan, Tucson, AZ : January 11, 2008 3:16 pm

Hasbro should take over all these apps. It could be a nice revenue stream for them.

Posted By Mike, Austin TX : January 11, 2008 12:54 pm
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