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New York Times is targeting Wordle clones with DMCA takedowns

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Re: New York Times is targeting Wordle clones with DMCA takedowns

#71
> citing its ownership over the Wordle name and copyrighted gameplay including 5x6 tile layout and gray, yellow, and green color scheme.

So this is referring to trademark (the name Wordle) and copyright — but not patent. It makes sense to go after people who are using the same actual name, since this clearly infringes the trademark, and because if you do not enforce ("police") your mark against minor players, you can end up losing the ability to enforce it against major players.

But the copyright bit is a bit novel from my perspective (lawyer, but not copyright lawyer). If you had asked me what a copyright claim about Wordle would be about, I would have said the precise code. I might have wondered about the specific word lists, even though these would probably fail the "phone book" test (don't remember the case, but these were deemed uncopyrightable). I never would have thought about the tile layout and color scheme. That seems more like what I think of as "trade dress" [1] or perhaps something related to patent (which wouldn't apply here, unless the original Wordle owner had filed for patents a long time ago.

Are there any copyright lawyers who can elucidate how the tile layout and color scheme might be subject to copyright law? I assume the NYT has good lawyers, and has thought long and hard before going after folks on github...

1: https://www.inta.org/topics/trade-dress

Re: New York Times is targeting Wordle clones with DMCA takedowns

#72
post #2

> In a statement to 404 Media, the Times said: > > The Times has no issue with individuals creating similar word games that do not infringe The Times’s “Wordle” trademarks or copyrighted gameplay. Can you really copyright “gameplay”? This seems like pointless bullying by the Times, who is probably just upset they haven’t got a positive ROI on their acquisition of a free game.

Not sure why you're grayed out - no, you cannot copywrite gameplay. The name "Wordle" could be protected, though, which is probably the case here. In any case, Wordle is too damn easy. Don't think I've ever lost. I recommend sedecordle for word enjoyers

Wordle is a trademark. That's not what the DMCA is for.

Re: New York Times is targeting Wordle clones with DMCA takedowns

#73

It’s interesting that they seem fine with blatently copying part of the BBC game show Only Connect for their Connections game: https://www.reddit.com/r/onlyconnect/comments/169j2p4/have_y...

They also get their knickers in a twist when employees leak internal documents to other news organizations...despite the fact that they make extensive use of others' leaks themselves: https://www.npr.org/2024/03/03/1235606433/an-investigation-i...

Re: New York Times is targeting Wordle clones with DMCA takedowns

#74
post #46
post #11

Earlier quoted context omitted.

Especially considering wordle has no unique gameplay. Its a very, very old game with a million variations. There was even a TV show called lingo or something that did competetive wordle. The only thing NYT owns is a brand since the game is hundreds of years old.

Siblings have mentioned the TV game show Lingo . I can't precisely date Bulls and cows ( https://en.wikipedia.org/wiki/Bulls_and_cows ), but it's hard to imagine that it (the gameplay, if not that particular pen-and-paper game) isn't much older than television, hence than Lingo .

And Jotto, 1955

Re: New York Times is targeting Wordle clones with DMCA takedowns

#76
post #2

> In a statement to 404 Media, the Times said: > > The Times has no issue with individuals creating similar word games that do not infringe The Times’s “Wordle” trademarks or copyrighted gameplay. Can you really copyright “gameplay”? This seems like pointless bullying by the Times, who is probably just upset they haven’t got a positive ROI on their acquisition of a free game.

This is either confusingly written, or what the NYT said is confusing. The article refers to the source code being forked. That would be copyrightable. But I wouldn’t refer to the source code as “gameplay”.

Re: New York Times is targeting Wordle clones with DMCA takedowns

#77
post #2

> In a statement to 404 Media, the Times said: > > The Times has no issue with individuals creating similar word games that do not infringe The Times’s “Wordle” trademarks or copyrighted gameplay. Can you really copyright “gameplay”? This seems like pointless bullying by the Times, who is probably just upset they haven’t got a positive ROI on their acquisition of a free game.

Not sure why you're grayed out - no, you cannot copywrite gameplay. The name "Wordle" could be protected, though, which is probably the case here. In any case, Wordle is too damn easy. Don't think I've ever lost. I recommend sedecordle for word enjoyers

They’re apparently also claiming that the offenders are using forked code, which would be subject to copyright.

Re: New York Times is targeting Wordle clones with DMCA takedowns

#78
post #14

Earlier quoted context omitted.

Gameplay can't be copyrighted, but in the case of Worldle, the word lists are probably copyrightable. Any clone that derives their own word list is probably fine, but any clone that copy/pastes the exact word lists from wordle (especially the shorter list of 2,315 possible solutions) is probably infringing copyright.

I doubt it. The existence of the words themselves is a fact, which is not copyrightable. Only their arrangement can be. Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991) However, to be copyrightable, the arrangement has to be expressive, i.e., it must "possess the requisite originality because the author . . . chooses . . . in what order to place them." My strong suspicion is that Wordle's…

The selection is expressive.

https://www.copyright.gov/comp3/chap300/ch300-copyrightable-...

The Originality Requirement for Compilations

A compilation may contain several distinct forms of authorship:

• Selection authorship involved in choosing the material or data that will be included in the compilation;

• Coordination authorship involved in classifying, categorizing, ordering, or grouping the material or data; and/or

• Arrangement authorship involved in organizing or moving the order, position, or placement of material or data within the compilation as a whole

Re: New York Times is targeting Wordle clones with DMCA takedowns

#79

The asset NYT bought when they bought Wordle, was to have their name indelibly associated with a trend that is more popular than they themselves are. It is simply "our name in your face, on a regular basis, for years" advertising, at a global scale. Case in point : here we all are, thinking and talking about the NYT. That is the ROI.

Yeah, but we're all just thinking about what a dick they are. Does that really count?

All publicity is good publicity

Re: New York Times is targeting Wordle clones with DMCA takedowns

#80
post #2

> In a statement to 404 Media, the Times said: > > The Times has no issue with individuals creating similar word games that do not infringe The Times’s “Wordle” trademarks or copyrighted gameplay. Can you really copyright “gameplay”? This seems like pointless bullying by the Times, who is probably just upset they haven’t got a positive ROI on their acquisition of a free game.

You can patent game mechanics - famous example would be Legend of Zelda's targeting system. Apparently Nintendo is extremely aggressive about patenting game mechanics. https://kotaku.com/nintendo-is-trying-to-patent-some-really-...

Nintendo is a litigation company pretending to be a game developer.
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