Law School Exam Hypothetical of the Day
Jul. 30th, 2008 07:55 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
heidiI know that some people believe that if TPTB (the powers that be) ask a fan to stop doing something, the fan(s) in question should immediately stop, no questions asked (except maybe to confirm that the request really came from TPTB and isn't a hoax).
Last week, Hasbro sued the guys who created Scrabulous as a Facebook app, claiming copyright and trademark infringement. So now, there's a lot of irate former Scrabulous users who are calling for a boycott of Hasbro, a return of Scrabulous, etc.
No, the situations aren't completely analogous, but there are similarities - the IP owner is upset about an action they view as infringing and asks the entity they believe infringing to stop and....
Do you think that the Scrabulous creators - who are fans of the Scrabble game (which is protected by copyright and trademark laws), who created something similar and yet with strong and obvious differences - should have removed their game as soon as Hasbro asked them to?
[Poll #1232503]
I'm really curious as to what people who have legal backgrounds would think and do, versus what lay-people would think and do, but I'm not really sure how to ask that in the poll without it getting very unwieldy.
Last week, Hasbro sued the guys who created Scrabulous as a Facebook app, claiming copyright and trademark infringement. So now, there's a lot of irate former Scrabulous users who are calling for a boycott of Hasbro, a return of Scrabulous, etc.
No, the situations aren't completely analogous, but there are similarities - the IP owner is upset about an action they view as infringing and asks the entity they believe infringing to stop and....
Do you think that the Scrabulous creators - who are fans of the Scrabble game (which is protected by copyright and trademark laws), who created something similar and yet with strong and obvious differences - should have removed their game as soon as Hasbro asked them to?
[Poll #1232503]
I'm really curious as to what people who have legal backgrounds would think and do, versus what lay-people would think and do, but I'm not really sure how to ask that in the poll without it getting very unwieldy.
![[identity profile]](https://www.dreamwidth.org/img/silk/identity/openid.png){kind=small}
(no subject)
Date: 2008-08-04 02:15 am (UTC)My understanding in the Jensen-matter is that nobody was sued, and that it's impossible for all the content on the comm and on the website to have been libelous - although I don't know the whole of the situation, either. But it's the kind of thing where sorting through the content on the site to see if anything actually was libelous would've been a possible approach, and pull down the things that are, rather than pull down everything.