NYTimes Files Copyright Takedown Against Hundreds of Wordle Clones
March 8, 2024 1:18 AM Subscribe
The NY Times is asserting, "The Times has no issue with individuals creating similar word games that do not infringe The Times’s 'Wordle' trademarks or copyrighted gameplay. The Times took action against a GitHub user and others who shared his code to defend its intellectual property rights in Wordle. The user created a 'Wordle clone' project that instructed others how to create a knock-off version of The Times’s Wordle game featuring many of the same copyrighted elements. As a result, hundreds of websites began popping up with knock-off 'Wordle' games that used The Times’s 'Wordle' trademark and copyrighted gameplay without authorization or permission."
Maybe an IP lawyer can explain -- what the heck is "copyrighted gameplay" supposed to even mean here? Perhaps if someone is so blatant as to copy the actual Wordle word dictionary, sure. But that aside, I would think that to the extent that Wordle has any protectable elements, they would fall under trademark and trade dress, not copyright. Conceivably things like the green and yellow tiles, anything that rhymes with Wordle, or maybe even the 5x6 grid might be covered under trademark law. But even so, all someone has to do is change the colors, make the grid variable sized, etc. I mean, we've been down this road before with spreadsheets. That's why there are other spreadsheets besides VisiCalc, and why LibreOffice lets you tailor its look-and-feel to clone MS Office.
I guess in the wake of The New York Times Company vs Microsoft Corporation /OpenAi, Inc., et al., the Times is feeling in a litigious mood?
posted by xigxag at 1:45 AM on March 8 [7 favorites]
Maybe an IP lawyer can explain -- what the heck is "copyrighted gameplay" supposed to even mean here? Perhaps if someone is so blatant as to copy the actual Wordle word dictionary, sure. But that aside, I would think that to the extent that Wordle has any protectable elements, they would fall under trademark and trade dress, not copyright. Conceivably things like the green and yellow tiles, anything that rhymes with Wordle, or maybe even the 5x6 grid might be covered under trademark law. But even so, all someone has to do is change the colors, make the grid variable sized, etc. I mean, we've been down this road before with spreadsheets. That's why there are other spreadsheets besides VisiCalc, and why LibreOffice lets you tailor its look-and-feel to clone MS Office.
I guess in the wake of The New York Times Company vs Microsoft Corporation /OpenAi, Inc., et al., the Times is feeling in a litigious mood?
posted by xigxag at 1:45 AM on March 8 [7 favorites]
This is awful. I hope they suffer gigantic backlash from this. It certainly makes me want to cancel my NYT subscription.
posted by JHarris at 1:46 AM on March 8 [21 favorites]
posted by JHarris at 1:46 AM on March 8 [21 favorites]
This: or copyrighted gameplay
To my understanding, gameplay cannot be copyrighted. Expressions of an idea can be copyrighted, but an idea itself can't be. If gameplay itself could be subject to copyright, the history of video games would be very different.
posted by JHarris at 1:49 AM on March 8 [23 favorites]
To my understanding, gameplay cannot be copyrighted. Expressions of an idea can be copyrighted, but an idea itself can't be. If gameplay itself could be subject to copyright, the history of video games would be very different.
posted by JHarris at 1:49 AM on March 8 [23 favorites]
There goes Wortel 🥕
(Afrikaans Wordle game that also means "carrot")
posted by Zumbador at 2:02 AM on March 8 [5 favorites]
(Afrikaans Wordle game that also means "carrot")
posted by Zumbador at 2:02 AM on March 8 [5 favorites]
Yeah this seems completely unenforceable as vexatious litigation and probably SLAPP fodder
Gameplay mechanics are not protected by IP laws and this is kind of a Known Thing
posted by DoctorFedora at 2:39 AM on March 8 [10 favorites]
Gameplay mechanics are not protected by IP laws and this is kind of a Known Thing
posted by DoctorFedora at 2:39 AM on March 8 [10 favorites]
If it only applies to 5x6 grid games, then Duotrigordle etc are safe as long as they don't use the word 'wordle'?
posted by subdee at 2:41 AM on March 8 [3 favorites]
posted by subdee at 2:41 AM on March 8 [3 favorites]
ungated
"Not in word list"
posted by They sucked his brains out! at 2:48 AM on March 8 [14 favorites]
"Not in word list"
posted by They sucked his brains out! at 2:48 AM on March 8 [14 favorites]
I imagine the NYT doesn't care much if it's legally unenforceable if it means they can scare a few indie creators into just removing their games. I doubt these devs will feel comfortable putting their games back up even if it turns out the NYT can't do anything about it, and that's what they want. The path is cleared a little more for them to force people into their subscription model if they want a Wordle-type game.
posted by fight or flight at 2:50 AM on March 8 [8 favorites]
posted by fight or flight at 2:50 AM on March 8 [8 favorites]
I guess I'll not finish writing my version based on the Bristol Stool Chart, turdle, now.
posted by davemee at 4:01 AM on March 8 [30 favorites]
posted by davemee at 4:01 AM on March 8 [30 favorites]
Maybe they should sue other publications for using hack opeds as that seems to be their strongest brand claim.
posted by nofundy at 4:06 AM on March 8 [36 favorites]
posted by nofundy at 4:06 AM on March 8 [36 favorites]
Perfectly typical of the Times to be out of touch in this way. What was the first board game to use pieces that move around on series of spaces -- some that reward you and some that set you back? Who was the first video game developer to incorporate a life/energy bar that becomes empty or turns red as a player takes damage? I'm all for serious journalism but on this front I hope they take a massive L.
posted by gestalt saloon at 6:00 AM on March 8
posted by gestalt saloon at 6:00 AM on March 8
The following video is from 1987:
https://www.youtube.com/watch?v=-Wc8kVAtnRo
New York Times can fuck right off.
posted by parliboy at 6:14 AM on March 8 [15 favorites]
https://www.youtube.com/watch?v=-Wc8kVAtnRo
New York Times can fuck right off.
posted by parliboy at 6:14 AM on March 8 [15 favorites]
Wordle was free and it was a great way to bring people together. Then the creator sold it for an undisclosed 7-figure sum. Now that the NYT has paid millions for it, they need to sic their lawyers on everyone else who is *checks clipboard* using a 5x6 grid or green tiles to indicate correct guesses.
Capitalism doesn't stifle innovation: it kills it and salts the earth around it.
If you ever create a nice thing, know that once you hand it over to the multi-billion dollar powerhouses of capitalism, it will inevitably be enshittified. I can't fault the original creator too much for selling it: he's trying to escape the brutality of capitalism like the rest of us, and a couple million dollars is one of the few ways to do that.
I'm so glad we still have Wikipedia and VLC Player.
posted by AlSweigart at 6:19 AM on March 8 [26 favorites]
Capitalism doesn't stifle innovation: it kills it and salts the earth around it.
If you ever create a nice thing, know that once you hand it over to the multi-billion dollar powerhouses of capitalism, it will inevitably be enshittified. I can't fault the original creator too much for selling it: he's trying to escape the brutality of capitalism like the rest of us, and a couple million dollars is one of the few ways to do that.
I'm so glad we still have Wikipedia and VLC Player.
posted by AlSweigart at 6:19 AM on March 8 [26 favorites]
Gameplay mechanics are not protected by IP laws
Physical manifestations can be patented, like the MtG card tapping procedure.
"Look & Feel" is protected by trade dress (trademark) and the fixed expression of the idea of a word grid in Worldle can be covered by the copyright.
(IANAPL)
posted by torokunai at 6:26 AM on March 8 [1 favorite]
Physical manifestations can be patented, like the MtG card tapping procedure.
"Look & Feel" is protected by trade dress (trademark) and the fixed expression of the idea of a word grid in Worldle can be covered by the copyright.
(IANAPL)
posted by torokunai at 6:26 AM on March 8 [1 favorite]
Worked for a patent and trademark firm a long long time ago, and the NYT actually waited a long time before filing what is a very routine, standard action to protect copyright; I gather it's the creation of a "creator" program that caused it to finally go ahead. It is normal to send cease-and-desist letters to the most trivial possible infringers, because otherwise you can't prove later on that you took action in case of legal challenges.
There's always this tension between the rights of individuals and the ways in which large corporations wield those rights to deprive us of some common good.
Just to clarify: (a) As a writer, I'm a fan of copyright. It's a thin protection against theft, but it's al we have. (b) I'm not a fan of the NYT or of the oligarchy it represents. (c) I do like playing word games.
posted by Peach at 6:42 AM on March 8 [9 favorites]
There's always this tension between the rights of individuals and the ways in which large corporations wield those rights to deprive us of some common good.
Just to clarify: (a) As a writer, I'm a fan of copyright. It's a thin protection against theft, but it's al we have. (b) I'm not a fan of the NYT or of the oligarchy it represents. (c) I do like playing word games.
posted by Peach at 6:42 AM on March 8 [9 favorites]
What the heck is "copyrighted gameplay" supposed to even mean here?
Elements of creative expression in a game can be copyrighted. At one extreme is a drawing on a card (clearly protected); at another is square-shaped spaces on a grid (clearly not.) But creative expression can also be things like points assigned to letters in Scrabble or the numeric hit point and attack bonus values of an ogre in the D&D monster manual. At what point those become protected from copying isn't going to be obvious.
It's a huge gray area; every case is unique and there's only so many court decisions. If you "design" a wordle game with the exact same square spacing and white/black/gray/green/yellow colors, "completed" option, and similar animations it certainly seems you could lose the case. As a fairness thing it wouldn't even bother me.
OTOH if the Times is asserting it owns the 5x6 grid that seems like it'd be pretty ridiculous.
But is anyone going to fight this?
posted by mark k at 7:07 AM on March 8 [2 favorites]
Elements of creative expression in a game can be copyrighted. At one extreme is a drawing on a card (clearly protected); at another is square-shaped spaces on a grid (clearly not.) But creative expression can also be things like points assigned to letters in Scrabble or the numeric hit point and attack bonus values of an ogre in the D&D monster manual. At what point those become protected from copying isn't going to be obvious.
It's a huge gray area; every case is unique and there's only so many court decisions. If you "design" a wordle game with the exact same square spacing and white/black/gray/green/yellow colors, "completed" option, and similar animations it certainly seems you could lose the case. As a fairness thing it wouldn't even bother me.
OTOH if the Times is asserting it owns the 5x6 grid that seems like it'd be pretty ridiculous.
But is anyone going to fight this?
posted by mark k at 7:07 AM on March 8 [2 favorites]
> Physical manifestations can be patented, like the MtG card tapping procedure.
Yes... keeping in mind that "physical manifestations" include not simply the word "tap" but what it actually means in gameplay. Plenty of other games in the ensuing period of time got to use the mechanic itself in ways that were pretty similar, as long as they didn't actually rotate a card 90 degrees and call it tapping. It was really only when someone got past "looks like a duck, quacks like a duck" territory and outright made Magic clones, that the claws really came out.
The other extra value that wizards really got was as a defensive mechanism whenever someone else did something stupid. For example, when Yu-Gi-Oh game to market, the US distributor, Upper Deck, actually tried to establish IP over the term "Magic Card" as existed in their game. You can see how that sparked a conversation, which is why Wizards clapped back, and Magic Cards in Yu-Gi-Oh are now called Spell Cards.
(The story of why Upper Deck stopped being the US Distributor is an interesting bit unto itself that would make one say "Yeah, that sounds like something Upper Deck would have done", but is not germane to the thread.)
posted by parliboy at 7:22 AM on March 8 [5 favorites]
Yes... keeping in mind that "physical manifestations" include not simply the word "tap" but what it actually means in gameplay. Plenty of other games in the ensuing period of time got to use the mechanic itself in ways that were pretty similar, as long as they didn't actually rotate a card 90 degrees and call it tapping. It was really only when someone got past "looks like a duck, quacks like a duck" territory and outright made Magic clones, that the claws really came out.
The other extra value that wizards really got was as a defensive mechanism whenever someone else did something stupid. For example, when Yu-Gi-Oh game to market, the US distributor, Upper Deck, actually tried to establish IP over the term "Magic Card" as existed in their game. You can see how that sparked a conversation, which is why Wizards clapped back, and Magic Cards in Yu-Gi-Oh are now called Spell Cards.
(The story of why Upper Deck stopped being the US Distributor is an interesting bit unto itself that would make one say "Yeah, that sounds like something Upper Deck would have done", but is not germane to the thread.)
posted by parliboy at 7:22 AM on March 8 [5 favorites]
I wonder if this will affect the version I play by telnetting into a BBS with an ancient XT computer. No tiles and no grid due to the fact it is a BBS, so should be fine?
posted by fimbulvetr at 8:30 AM on March 8 [2 favorites]
posted by fimbulvetr at 8:30 AM on March 8 [2 favorites]
Enforceability/frivolity issues aside, does this really benefit the NYT? Their Wordle is already free, and the attention these clones bring to the "main" game helps keep it part of people's day-to-day conversation. "Did you do the Wordle today?"/"No, I do [ripoff version] instead" might as well be the puzzle equivalent of green/blue text bubbles.
Maybe they're planning to put it behind subscriptions like the crossword, but that would be profoundly stupid... there's no chance it drives subscriptions by itself, but that'll definitely deflate its popularity and pull the rug out of it as a casual activity and conversation topic. And as people stop going to the NYT games page for it, they'll also lose out on people who are like "hmm, it'd be fun to do the crossword too" and subscribe based on that.
NYT's editorial decisions have been on a villainous backslide already, now they're adding strategic incompetence? I guess no one's immune to the failson exec virus.
posted by Riki tiki at 8:58 AM on March 8 [3 favorites]
Maybe they're planning to put it behind subscriptions like the crossword, but that would be profoundly stupid... there's no chance it drives subscriptions by itself, but that'll definitely deflate its popularity and pull the rug out of it as a casual activity and conversation topic. And as people stop going to the NYT games page for it, they'll also lose out on people who are like "hmm, it'd be fun to do the crossword too" and subscribe based on that.
NYT's editorial decisions have been on a villainous backslide already, now they're adding strategic incompetence? I guess no one's immune to the failson exec virus.
posted by Riki tiki at 8:58 AM on March 8 [3 favorites]
It is normal to send cease-and-desist letters to the most trivial possible infringers, because otherwise you can't prove later on that you took action in case of legal challenges.
I'm certain that this is important for trademarks, but I was under the (non-lawyerly) impression that this wasn't really necessary for copyright?
posted by a faded photo of their beloved at 9:01 AM on March 8 [2 favorites]
I'm certain that this is important for trademarks, but I was under the (non-lawyerly) impression that this wasn't really necessary for copyright?
posted by a faded photo of their beloved at 9:01 AM on March 8 [2 favorites]
Not saying boo-urns here.
posted by lock robster at 9:03 AM on March 8 [1 favorite]
posted by lock robster at 9:03 AM on March 8 [1 favorite]
Enforceability/frivolity issues aside, does this really benefit the NYT? Their Wordle is already free, and the attention these clones bring to the "main" game helps keep it part of people's day-to-day conversation. "Did you do the Wordle today?"/"No, I do [ripoff version] instead" might as well be the puzzle equivalent of green/blue text bubbles.
The NYT's Wordle variant dropped out of my day-to-day conversation when it fell out of step with Wordle Forever. (And non-NYT Wordle variants don't give the NYT that sweet banner ad/tracking cookie income)
posted by polytope subirb enby-of-piano-dice at 9:11 AM on March 8 [2 favorites]
The NYT's Wordle variant dropped out of my day-to-day conversation when it fell out of step with Wordle Forever. (And non-NYT Wordle variants don't give the NYT that sweet banner ad/tracking cookie income)
posted by polytope subirb enby-of-piano-dice at 9:11 AM on March 8 [2 favorites]
Maybe they're planning to put it behind subscriptions like the crossword, but that would be profoundly stupid...
They've already crossed the profoundly stupid line now, anything could happen.
posted by JHarris at 9:39 AM on March 8 [6 favorites]
They've already crossed the profoundly stupid line now, anything could happen.
posted by JHarris at 9:39 AM on March 8 [6 favorites]
It certainly makes me want to cancel my NYT subscription.
If their carrying water for a genocide isn't enough to get you to cancel, then this certainly should.
posted by Kutsuwamushi at 10:13 AM on March 8 [10 favorites]
If their carrying water for a genocide isn't enough to get you to cancel, then this certainly should.
posted by Kutsuwamushi at 10:13 AM on March 8 [10 favorites]
Huh. I have a Wordle clone on my personal web site. I made it when I was teaching myself Svelte. I did steal the word lists from the original Wordle site before they were sold.
I'll have to see if they notice me. I'd be surprised...the code is on Github, but it's a private repo and my site doesn't get any traffic.
posted by Eddie Mars at 12:26 PM on March 8
I'll have to see if they notice me. I'd be surprised...the code is on Github, but it's a private repo and my site doesn't get any traffic.
posted by Eddie Mars at 12:26 PM on March 8
I guess I'll not finish writing my version based on the Bristol Stool Chart, turdle, now.
You should probably firm that idea up a bit. Perhaps add the fiber of a capital letter.
posted by srboisvert at 12:46 PM on March 8 [1 favorite]
You should probably firm that idea up a bit. Perhaps add the fiber of a capital letter.
posted by srboisvert at 12:46 PM on March 8 [1 favorite]
Huh. I have a Wordle clone on my personal web site. I made it when I was teaching myself Svelte
I wrote a wordle clone to teach myself typescript, front and backend (mine has a backend because it tracks scores for users, has "leagues" you can join with different rules and word lists, etc). It was only really used among my friends and coworkers and once it died down I turned it off. Kinda want to turn it back on now, fuck these guys
I didn't use (the name) wordle anywhere on my page though - I emailed the dude and asked what he thought and he said, well, it seems like you copied a lot from the game, and that's fine, but maybe you should at least give it it's own name. I thought that was reasonable.
posted by RustyBrooks at 1:02 PM on March 8
I wrote a wordle clone to teach myself typescript, front and backend (mine has a backend because it tracks scores for users, has "leagues" you can join with different rules and word lists, etc). It was only really used among my friends and coworkers and once it died down I turned it off. Kinda want to turn it back on now, fuck these guys
I didn't use (the name) wordle anywhere on my page though - I emailed the dude and asked what he thought and he said, well, it seems like you copied a lot from the game, and that's fine, but maybe you should at least give it it's own name. I thought that was reasonable.
posted by RustyBrooks at 1:02 PM on March 8
As someone noted upthread, yeah, true, if it were somehow a trademark issue they’d be obligated to take action themselves to protect the trademark, though that would also mostly just mean they would be enforcing against the idea that any word game with a small grid can use a riff on the name “Wordle” due to Possible Consumer Confusion
posted by DoctorFedora at 2:51 PM on March 8
posted by DoctorFedora at 2:51 PM on March 8
honestly MtG “tapping” getting a patent is also the sort of thing that feels specifically designed to radicalize people against the patent system
on the upside, the general consensus has seemed to be “it’s fine to turn a card 90° clockwise so long as you call it something else” so there’s that at least
posted by DoctorFedora at 2:56 PM on March 8 [1 favorite]
on the upside, the general consensus has seemed to be “it’s fine to turn a card 90° clockwise so long as you call it something else” so there’s that at least
posted by DoctorFedora at 2:56 PM on March 8 [1 favorite]
Man, they better leave my beloved/hated Obscurdle alone
posted by Suedeltica at 4:06 PM on March 8
posted by Suedeltica at 4:06 PM on March 8
I keep thinking the NYT has enthusiastically mined all of the avenues by which it can gain ill will from both the left and from just ordinary people for whom the lifestyle section is like a missive from an alien planet -- but they keep finding new ways to do it. What a paradox -- some of the best journalists that ever have been and an executive/editorial/legal staff made up of your least favorite uncles at Thanksgiving
posted by treepour at 11:07 PM on March 8 [2 favorites]
posted by treepour at 11:07 PM on March 8 [2 favorites]
what the heck is "copyrighted gameplay" supposed to even mean here?
It's not supposed to mean anything beyond 'here's a vague, hand-wavey accusation that sounds like we have something to take legal action against you over you even though we don't really. We're pretty sure you'll just get scared and back down, so we win'. Unfortunately, winning in this situation mostly means pissing off potential or actual subscribers, so winning actually looks close enough to what losing looks like, we may see the word losing sue the NYT for infringing on its IP ;-)
posted by dg at 8:50 PM on March 10 [1 favorite]
It's not supposed to mean anything beyond 'here's a vague, hand-wavey accusation that sounds like we have something to take legal action against you over you even though we don't really. We're pretty sure you'll just get scared and back down, so we win'. Unfortunately, winning in this situation mostly means pissing off potential or actual subscribers, so winning actually looks close enough to what losing looks like, we may see the word losing sue the NYT for infringing on its IP ;-)
posted by dg at 8:50 PM on March 10 [1 favorite]
I'm surprised the NYT lawyers have time to go after this while overlooking big-name news aggregators like Drudge and RCP routinely linking to illegal copies of their articles on shady foreign sites like DNYUZ to bypass the paywall.
posted by Rhaomi at 3:27 PM on March 22
posted by Rhaomi at 3:27 PM on March 22
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posted by chavenet at 1:22 AM on March 8 [2 favorites]