Earlier quoted context omitted.
Green in the US is the common sense color for being correct (or having permission to proceed, as in the case of a green traffic light or a "not occupied" restroom indicator, but I digress). New York Times, ever heard of a green checkmark? "Give the green light" meaning "give approval"? Green means yes. Green means good. (It also means envy... NY Times is seeing green.) Yellow to indicate the partial correctness of a…
I haven't been able to access their submitted copyright document so I don't know what they exactly copyrighted, and even if I did I don't know enough law to have an opinion, but I think your comment is missing one important aspect - the pieces as a whole.
NY Times issues DMCA takedowns of Wordle clones
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Re: NY Times issues DMCA takedowns of Wordle clones
#52Can confirm, my version here also got a notice: https://github.com/pwahs/fillominordle Full notice is here: https://enterprise.githubsupport.com/attachments/token/cx6V4...
Re: NY Times issues DMCA takedowns of Wordle clones
#53I got the same. Did make a clone and localised it, and then forgot about it. Apparently, every cloned project was in the notice list. Deleted and forgot. Treating it as a case study how to protect the rights. One might say that it is against freedom etc., but in my opinion this makes intellectual capital a value. E.g. I now believe it is worth to invest in innovations and so on. (It does not mean I will do it as I la…
Imagine that someone on the street said you have red shoes, but he had red shoes first. So you should remove shoes. And you comply. But you're not sad about it - in your opinion it makes intellectual capital a value. E.g. you now believe it is worth to wear a particular color of a particular apparel first and so on. The problem: it was never stated by some kind of an authority, that the bully was right. He might as w…
Re: NY Times issues DMCA takedowns of Wordle clones
#54Archived: https://archive.is/D03zW The relevant part seems to be the mention of "React Wordle" as well as: > The Times owns U.S. Copyright Reg. No. PA0002342355 in Wordle as an electronic file and computer file for a videogame. The Times’s Wordle copyright includes the unique elements of its immensely popular game, such as the 5x6 grid, green tiles to indicate correct guesses, yellow tiles to indicate the correct let…
Green in the US is the common sense color for being correct (or having permission to proceed, as in the case of a green traffic light or a "not occupied" restroom indicator, but I digress). New York Times, ever heard of a green checkmark? "Give the green light" meaning "give approval"? Green means yes. Green means good. (It also means envy... NY Times is seeing green.) Yellow to indicate the partial correctness of a…
A lot of the elements of Wordle fall under at least one of the following uncopyrightable categories:
1. Accessibility and user input methods. Can you press keys on your actual keyboard? Can you use a mouse? Can you tap buttons on a screen? An on-screen keyboard is non-novel for mobile phones and provides extra accessibility for desktop computers. (Bennett Foddy's QWOP [1] game has a creative input combination, but with respect to accessibility the choice of obeying someone else's key bindings should be as valid as using different key bindings: copyright should not override accessibility. I also think that the merger doctrine applies to just about every user input method.)
2. Cultural norms. Green usually means something good in the US. In a game, correct is good.
3. Software norms or game norms (tech-related subsets of cultural norms). The on-screen keyboard should be centered in the top, bottom, left, or right of the game board. You wouldn't make the keyboard and the game board off-center, since that would be abnormal.
4. Efficiency. Centering the keyboard in the top, bottom, left, or right is a more efficient use of screen space than putting the keyboard at in the bottom-right corner of the game board.
5. Quality of life feature. The keys on the on-screen keyboard change color to match the colors of the submitted letters on the game board. My memory lapse when I context switch my eyeballs from the game board to the on-screen keyboard matters much less than if the on-screen keyboard were to stay one uniform color the entire time. Putting the same information in multiple places (correct letters vs incorrect letters, etc.) is just better in a way that shouldn't be exclusive behavior to the original Wordle.
6. Game difficulty determined by simple parameters. I can't quantify simple, but changing the number of chances in Wordle (the height of the board) will almost never be creative. In comparison, adding enemies to a platformer game level might be creative depending on where the enemies get added and what kinds of enemies get added.
7. Simple or obvious choice variations. I can't quantify simple or obvious, but surely NY Times can't have a monopoly over 5-letter Wordle-like games. You shouldn't have to change the number of letters to make a clone. The same applies to the shapes of the letter containers. Square corners vs. round corners is simple, and also falls under the merger doctrine [2] (relatively few choices => the idea of the choice merges with the expression of making a particular choice => making a particular choice is not copyrightable because of the idea–expression distinction).
What's left after taking away all of those? Not much. The way the game messages (instructions, win messages, lose messages, etc.) were written are creative, so I admit that clones shouldn't copy the wording. The choice of color for "right place, wrong position" is creative (insofar as my "yellow is [a culturally normed color meaning] half-good" is unconvincing), so clones shouldn't use yellow for the same meaning either. The code? I speculate that the FOSS clones didn't copy NYT's code. The word list? Thank goodness the US doesn't have database copyright [3] (skim Feist Publications, Inc., v. Rural Telephone Service Co. (1991) [4]).
Wordle is like Hangman. Yes, there is creativity in the way people draw the body parts of the to-be-hanged man, but most of the game elements are uncreative, should not be exclusive to anyone, are ideas rather than expression, and/or are expression too closely tied to ideas (merger doctrine).
[1] https://en.wikipedia.org/wiki/QWOP
[2] https://en.wikipedia.org/wiki/Idea%E2%80%93expression_distin...
[3] https://en.wikipedia.org/wiki/Database_right#United_States
[4] https://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._R....
Re: NY Times issues DMCA takedowns of Wordle clones
#55Earlier quoted context omitted.
Green in the US is the common sense color for being correct (or having permission to proceed, as in the case of a green traffic light or a "not occupied" restroom indicator, but I digress). New York Times, ever heard of a green checkmark? "Give the green light" meaning "give approval"? Green means yes. Green means good. (It also means envy... NY Times is seeing green.) Yellow to indicate the partial correctness of a…
I haven't been able to access their submitted copyright document so I don't know what they exactly copyrighted, and even if I did I don't know enough law to have an opinion, but I think your comment is missing one important aspect - the pieces as a whole.
Good point, and potentially a fatal flaw to my arguments. I don't know how to analyze the whole of Wordle without getting caught up in the parts. For what it's worth, I think that the whole of Wordle is only slightly thicker than the sum of the uncopyrightable parts. Wordle has no in-game story. There are no creative visual assets; a colored square with a letter in it is not creative. The game elements (the letters, the game board, and the on-screen keyboard) are so few in number as to have their positional and orientational arrangements be uncopyrightable according to the merger doctrine [1].
The way the game instructions and other game messages (when winning and when losing, for example) were written might be copyrightable (unless recipes are very similar [2]), but I don't think that the clones copied the wording of the Wordle game instructions or other game messages any more than would be permissible under the merger doctrine.
So what's left is color choices. Green for correct is a cultural norm and is uncreative. Black text on white and white text on black (or one particular dark grey, with the caveat that a change to a different shade of grey could be a creative choice) is uncreative. The rest of the color choices are individually creative to a degree, so the entire color scheme as a whole could be creative.
What matters is not the whole of the original Wordle but the whole of what each clone copies from the original Wordle. If a clone were to use a different colors to indicate incorrect letters and correct letters in the wrong positions, differently worded instructions (which likely already was the case), and different code files (which likely already was the case), then such a clone would not be a valid DMCA target. The whole of Wordle without the original colors, without the original instructions, and without the original files would fall under the merger doctrine. In practice, for most of these clones, I think that the only valid basis for the DMCA notices was that the clones copied Wordle's color scheme.
[1] https://en.wikipedia.org/wiki/Idea%E2%80%93expression_distin...
[2] https://en.wikipedia.org/wiki/Copyright#Limitations_and_exce...
Re: NY Times issues DMCA takedowns of Wordle clones
#56Archived: https://archive.is/D03zW The relevant part seems to be the mention of "React Wordle" as well as: > The Times owns U.S. Copyright Reg. No. PA0002342355 in Wordle as an electronic file and computer file for a videogame. The Times’s Wordle copyright includes the unique elements of its immensely popular game, such as the 5x6 grid, green tiles to indicate correct guesses, yellow tiles to indicate the correct let…
Green in the US is the common sense color for being correct (or having permission to proceed, as in the case of a green traffic light or a "not occupied" restroom indicator, but I digress). New York Times, ever heard of a green checkmark? "Give the green light" meaning "give approval"? Green means yes. Green means good. (It also means envy... NY Times is seeing green.) Yellow to indicate the partial correctness of a…
Re: NY Times issues DMCA takedowns of Wordle clones
#57Wordle isn't an original game. The game mechanics pre-existed before the inter webs.
Re: NY Times issues DMCA takedowns of Wordle clones
#58Can confirm, my version here also got a notice: https://github.com/pwahs/fillominordle Full notice is here: https://enterprise.githubsupport.com/attachments/token/cx6V4...
In that notice, they claim: > We have given the owner a chance to remove all references to Wordle and alter his code to not infringe The Times’s copyright, but he has doubled down on knocking off The Times’s copyrighted content. This is just false. The owner of the original Reactle repo (now deleted) was never contacted previously.
Re: NY Times issues DMCA takedowns of Wordle clones
#59Re: NY Times issues DMCA takedowns of Wordle clones
#60Earlier quoted context omitted.
Green in the US is the common sense color for being correct (or having permission to proceed, as in the case of a green traffic light or a "not occupied" restroom indicator, but I digress). New York Times, ever heard of a green checkmark? "Give the green light" meaning "give approval"? Green means yes. Green means good. (It also means envy... NY Times is seeing green.) Yellow to indicate the partial correctness of a…
If I remember the keys on the keyboard reflect the colours on the board so that distinguishes it meaningfully (?) from on screen keyboards.
If a clone makes the game board and the on-screen keyboard use the same colors for a functional purpose, such as helping the user be less likely to use an incorrect letter on accident, then there should be no copyright issue with the matching of the colors between the game board and the keyboard.
The only copyright issue should be with the actual colors. A clone should not use the same colors that NY Times used. A clone should've used a different color than yellow for "right letter, wrong position" and a different color than "darker grey" (in dark mode, not sure about light mode) for "wrong letter". (Green for for "right letter" should always be fair game.) Simultaneously, the clone should be allowed to make the clone's keyboard use the same colors that the clone's game board uses.