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Wordle’s Mr Wardle prefers free, but that means it is difficult to stop copycats

1/27/2022

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​Dave Wardle a software engineer created a word game for friends that went viral from 90 daily players in November to 300,000 at the beginning of January, to 2 million by the 3rd week of Jan.
 
Although he was not in it for the money, others spotted an opportunity and soon a flurry of copycats launched on the app store, many of them charging a fee.
 
Apple have a policy for this sort of thing, but as Wordle is web based and not an app they did not know how to deal with it. However, Apple has now confirmed it has removed any copycat apps from the store.
 
Josh Wardle is not in it for the commerce, so he did not think about the IP. If he had then he would have faced a few issues:
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  • Patent. It is possible to file for a patent on an original gaming idea, just as long as it has a technical effect and nothing similar preceded it (known as prior art),
  • In Wordle’s case it does not seem to be an original idea, similar games existed on TV in the 1980s,
  • Copyright is designed to protect the expression of the idea and not the idea itself,
  • ‘Wordle’ is not trademarked and the word is likely to be too descriptive anyway (one copycat app business sought to justify itself this way).
 
So Wordle is difficult to protect with IP, but it was never designed for commercial purposes so this may be OK for Josh Wordle.

The key point, however, is once you have chosen a commercial path, with IP it is difficult to retrace your steps and for example if it were desired to convert the Wordle success into a commercial venture protected by IP, it would not be possible.

As long as that's the case we should expect many more Wordle clones. 

Footnote: T
he New York Times purchased the game, ultimately, I guess to entice users to subscribe to the paper. The New York Times with its lawyers and reserves will be in a much stronger place to deal with copycats, however the same IP issues remain, just that more resources makes it slightly easier.

 
For those who are game players:
Players begin by guessing any five-letter word.
  • If any of the letters are in that day's word but in the wrong place, they turn gold
  • If they are in the word in the right place, they turn green
  • If they are not in the word, they turn grey
Players can post how quickly they solved the colourful grid on social media - but in a way that does not spoil the answer for those still playing - which is why, Mr Wardle thinks, it has captured the imagination of thousands.
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    Author: John Pryor Exalt IP



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