[HN Gopher] New York Times is targeting Wordle clones with DMCA ...
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       New York Times is targeting Wordle clones with DMCA takedowns
        
       Author : mryall
       Score  : 74 points
       Date   : 2024-03-08 20:28 UTC (2 hours ago)
        
 (HTM) web link (www.theverge.com)
 (TXT) w3m dump (www.theverge.com)
        
       | mryall wrote:
       | > 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.
        
         | standardly wrote:
         | 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
        
           | CannisterFlux wrote:
           | Yeah I stopped playing it pretty quickly. There was that not-
           | wordle game where you had to not get the word. It made me
           | realise just how tricky failing wordle was.
           | 
           | I still do "where taken", which is photos of countries,
           | tradle for oec trade commodities and guess the game for video
           | games. They're all far more interesting than guessing some
           | random word.
        
             | lastofthemojito wrote:
             | Perhaps that was Don't Wordle? That was eye-opening to me
             | too. Play it before NYT sues it out of existence I guess:
             | https://dontwordle.com
        
             | autoexec wrote:
             | Does it use the same wordlist as wordle or have they
             | specifically chosen words that would be impossible to not
             | get?
        
             | Fnoord wrote:
             | Here's a curated awesome-wordle list [1]. Back in the days
             | (as if it is long ago) I used a different one and had quite
             | some fun with some of the clones (I didn't check this
             | specific one).
             | 
             | [1] https://github.com/prakhar897/awesome-wordle
        
               | extraduder_ire wrote:
               | This repo still being up shows they probably didn't just
               | auto-takedown every repo that has the word "wordle" in
               | its name at least. Often not the case with DMCA abuse.
        
           | lbourdages wrote:
           | Semantle is nice but very difficult. You have unlimited
           | tries, though.
        
             | leereeves wrote:
             | Just tried Semantle, which I hadn't heard of before.
             | 
             | I don't want to spoil today's puzzle, but after getting a
             | few hints and giving up to get the answer, I don't see any
             | relation between the hints and the answer.
             | 
             | (The similarity scores are word2vec cosine similarity, and
             | that's fun to see in action, but the results make me think
             | word2vec isn't that good.)
             | 
             | Edit: I tried yesterday's word and that was much better.
             | Today's word might just be word2vec's kryptonite.
        
         | pgrote wrote:
         | Lingo seems like Wordle.
         | 
         | https://www.youtube.com/watch?v=sC0kie6dPjo
         | 
         | Maybe the copyright is on the colors on the game field?
        
           | Kluggy wrote:
           | > The New York Times -- which purchased Wordle back in 2022
           | -- has filed several DMCA notices over Wordle clones created
           | by GitHub coders, citing its ownership over the Wordle name
           | and copyrighted gameplay including 5x6 tile layout and gray,
           | yellow, and green color scheme.
        
             | Verdex wrote:
             | This smells very similar to the issue with the tetris clone
             | a number of years ago. The overall issue is that while
             | games aren't copyrightable, the look and feel of a game can
             | be copyrighted.
             | 
             | https://en.wikipedia.org/wiki/Tetris_Holding,_LLC_v._Xio_In
             | t...
        
         | interestica wrote:
         | Games and Other Uncopyrightable Systems
         | 
         | Bruce E. Boyden
         | 
         | https://scholarship.law.marquette.edu/cgi/viewcontent.cgi?ar...
        
         | c3534l wrote:
         | 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.
        
           | leereeves wrote:
           | Yeah, Wordle is clearly a copy of Lingo.
           | 
           | https://en.wikipedia.org/wiki/Lingo_(American_game_show)#/me.
           | ..
        
           | Fnoord wrote:
           | > Amusingly, Wordle has itself been criticized over striking
           | similarities it shares with Lingo, a 1980s game show that
           | centered on players guessing five-letter words, with a grid
           | that changes color based on accuracy.
           | 
           | Indeed. I know this from TV, grew up with it. Was a fun
           | educative program back in the days.
        
             | lacoolj wrote:
             | Pretty sure there's a new reboot of this show right now too
        
           | JadeNB wrote:
           | 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_.
        
         | sidewndr46 wrote:
         | When you have the kind of connections the NYT does and the
         | lawyers to go along with it, sure!
        
         | phire wrote:
         | 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.
        
         | archontes wrote:
         | You cannot copyright gameplay.
         | 
         | https://www.americanbar.org/groups/intellectual_property_law...
         | .
        
           | reactordev wrote:
           | but you can patent it.
        
             | karaterobot wrote:
             | > The publication has filed several DMCA copyright requests
        
             | lacoolj wrote:
             | If this is true, why wouldn't Microsoft patent the taskbar
             | or directory structure tree layout pattern in Explorer?
             | 
             | I don't think you would be granted a design (let alone
             | utility) patent that is as broad as "green and yellow
             | blocks have significance, is a grid of 5x6, and has a
             | keyboard below".
             | 
             | Not a lawyer though so what do I know
        
             | AlbertCory wrote:
             | No you can't.
        
         | dabernathy89 wrote:
         | 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-...
        
           | tomkarho wrote:
           | Another example that comes to mind is the Nemesis system from
           | Mordor games
        
           | torstenvl wrote:
           | Irrelevant, since NYT does not and can never (due to prior
           | art) hold a patent on Wordle's gameplay. This is about
           | copyright.
        
         | dougb5 wrote:
         | I can't prove it, but I am quite sure NYT got a positive ROI on
         | the acquisition of Wordle. They paid in the low single millions
         | of USD, which isn't much for a brand as big as Wordle had
         | become by then (2 million+ daily players) and it's been used to
         | drive new digital subscriptions [1]. It's diminished somewhat
         | since then but it has remarkable staying power. I can tell that
         | from the Google Trends data [2] as well as the anecdata that I
         | and so many of my friends and family still play Wordle every
         | day.
         | 
         | [1] https://www.afr.com/technology/why-on-earth-did-the-new-
         | york... [2]
         | https://trends.google.com/trends/explore?date=today%205-y&ge...
         | 
         | [Edit: And, nearly two years on, they say they get "millions"
         | of players per day, and they've assigned a dedicated Wordle
         | editor and write articles about the game frequently.
         | (https://www.nytimes.com/2023/12/17/upshot/wordle-bot-year-
         | in...). They're definitely not having buyer's regret.]
        
         | autoexec wrote:
         | Maybe you can't copyright gameplay, but you can still sue
         | someone for infringement anyway, or even just threaten people
         | with lawsuits that you know they can't afford to defend
         | themselves against so they'll do whatever you want no matter
         | what their rights are. The Times might even win in the courts
         | if it ever gets that far. You can't copyright a musical genre
         | either but that hasn't stopped successful lawsuits against
         | musicians for exactly that
         | (https://abovethelaw.com/2018/03/blurred-lines-can-you-
         | copy-a...).
        
           | AlbertCory wrote:
           | Suing when your case has no merit is a losing strategy.
           | Eventually you not only lose to someone who stands up to your
           | bullying, you face massive damage to your reputation;
           | something media companies really don't like.
        
       | racingmars wrote:
       | This feels like a trademark question, not a copyright question.
       | Seems like an abuse of DMCA; if only it were easier to ensure
       | companies filing fraudulent DMCA claims end up facing real
       | consequences.
        
       | marssaxman wrote:
       | Well, that just makes me want to stop playing Wordle.
        
       | kepler1 wrote:
       | A company wants to enforce its copyright, etc., fine. That's
       | their right to do so. Although I beg to differ with our copyright
       | laws.
       | 
       | No, what I find objectionable about the NYT games team, such as
       | their spelling bee puzzle, is that they selectively deem certain
       | words not valid responses. Not curse words or words with no
       | redeeming value, but words that are perceived to be derogatory
       | against disadvantaged groups or "offensive". It's like an
       | extension of the hyper sensitive liberal newsroom.
       | 
       | Fine, it's a private organization and their choice. But it
       | reflects in my mind a hijacking of the language by people
       | oversensitized to the point of ridiculousness.
        
         | quink wrote:
         | > words that are perceived to be derogatory against
         | disadvantaged groups
         | 
         | The _game_ won't accept responses of such a nature? That
         | doesn't sound too bad.
        
         | jmull wrote:
         | Oh, come on.
         | 
         | These word games are for casual fun and enjoyment.
         | 
         | It's really not a big deal whether a particular word is
         | included or not in the dictionary for a particular game. For
         | Spelling Bee, the levels appear to be calculated based on the
         | word list, so while it may be a little frustrating that a
         | particular real (albeit off-colored, so to speak) word isn't
         | accepted, rest assured that that doesn't doesn't affect the
         | puzzle's difficulty. So no harm done. IMO, if some particular
         | word removes more fun than it adds, good riddance.
         | 
         | Personally, I was most offended when "ichor" was not accepted,
         | though I'm happy to say their reporting mechanism seemed to
         | work, because it seems to be accepted now at least in the
         | pangram game.
        
         | add-sub-mul-div wrote:
         | Good thing you're not sensitive.
        
       | a1o wrote:
       | Mechanics can't be copyrighted (unless it's MTG tap mechanic, it
       | seems), but what is weird is apparently the projects it went
       | against were in different languages that Wordle doesn't cover
       | (which I think matters considering Wordle is about guessing
       | words) and using a different name.
        
         | jkaplowitz wrote:
         | Lots of other games have the same mechanic as MTG's tapping.
         | But to avoid legal threats from WotC/Hasbro, most of them call
         | it exhausting or refreshing or other similar words.
         | 
         | I'm skeptical that there's any valid legal claim there, but if
         | it is more legitimate than well-funded big-corp lawyer
         | bullying, it's either a trademark claim or a claim that any
         | game with a card-refresh mechanic called "tapping" must be a
         | derivative work of MTG for copyright purposes.
        
         | trothamel wrote:
         | The MTG tap mechanic was patented, not copyrighted.
         | 
         | https://patents.google.com/patent/US5662332A/en , claims 4, 5,
         | and 6 - expired in 2014. The actual symbol is also a copyright
         | and trademark, I believe, but right now other games can us the
         | 90 degree rotation.
         | 
         | (Disney's Lorcana, for example, uses 90 degree rotation and
         | calls it 'exerting' a card.)
        
       | dang wrote:
       | Recent and related:
       | 
       |  _NY Times issues DMCA takedowns of Wordle clones_ -
       | https://news.ycombinator.com/item?id=39618193 - March 2024 (44
       | comments)
        
       | fieryscribe wrote:
       | It's interesting to see them go after others for copying gameplay
       | when they have done exactly the same:
       | https://www.theguardian.com/media/2023/jun/15/connections-ne...
        
       | anthk wrote:
       | Lingo predates Wordle and I remember that show in my country more
       | than 30 years ago.
        
       | onemoresoop wrote:
       | Does anyone know if anything like
       | https://www.threemagicwords.app/ is going to receive a DMCA
       | takedown? It is somewhat similar to Wordle and yet quite
       | different.
        
       | anthk wrote:
       | This is just Mastermind with words. I remember word puzzles like
       | that in several newspapers and magazines across the world for
       | -decades-.
       | 
       | In Spanish media it was usually called "Deduccion".
       | 
       | Link in Spanish as proof:
       | 
       | http://pasatiemposmatematicosdelaprensa.blogspot.com/2013/10...
       | 
       | The last puzzle it's from 1999.
        
       | ashton314 wrote:
       | If someone makes a FOSS version that can be easily dropped onto a
       | public server somewhere, then we should _all_ host a Wordle
       | clone. (I 'm sure the code has already been written a thousand
       | times over...)
        
       | crtified wrote:
       | 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.
        
         | autoexec wrote:
         | Yeah, but we're all just thinking about what a dick they are.
         | Does that really count?
        
       | kbf wrote:
       | If you're looking for a Wordle game they can't take from you,
       | Wordyl on Game Boy is one I've been enjoying :)
       | 
       | https://bbbbbr.itch.io/gb-wordyl
        
       | helsinkiandrew wrote:
       | 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...
        
       | camdenlock wrote:
       | In the end, everyone's just becoming a game company.
       | 
       | Er, sorry; an "experience" company.
        
       | visarga wrote:
       | Are NYT still writing news, or just copyright trolling?
        
       | ok123456 wrote:
       | Doesn't the name "Wordle" and the rules for the game come from an
       | article in Creative Computing in the 70s?
        
         | ath0 wrote:
         | The name is a play on the author's last name (Josh Wardle):
         | https://www.nytimes.com/2022/01/03/technology/wordle-word-ga...
        
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