Scrabulous Not Infringing (Copyright) in India

When it rains, it pours. This week there has been a slew of developments in copyright law. The motion picture studios have sued RealNetworks over its RealDVD application, claiming that RealNetworks violated the license it signed to get the decryption keys to DVDs. Congress passed a measure designed to ease the pressure on small webcasters after the Copyright Royalty Tribunal suddenly increased their fees. Congress also passed a version of the PRO-IP bill, which, ignoring a district court judge’s call to reduce copyright penalties, actually adds to them by allowing civil forfeiture of computer equipment in certain cases.

But the development I want to highlight here is the apparent decision by a court in India that Scrabulous does not infringe on the copyright for Scrabble. (The name, however, was held to infringe on the Scrabble trademark.) I wrote a four-part series for Prawfsblawg back in August that analyzed the case and copyright in games generally. (Part I, Part II, Part III, Part IV.) Unfortunately the only news of the decision is from the Agarwalla brothers, the creators of Scrabulous, themselves; we don’t have the judge’s reasoning. But I’d be eager to see if it matches any of the points of my analysis.

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Talk Back! with Bruce Boyden

Ethan Ackerman was kind enough to respond to my recent post on ProCD v. Zeidenberg, in which I suggested that “the case for contracts somehow expanding copyright rights is vastly overstated, and perhaps illusory.” Sure, Ackerman’s post is critical, but I’m happy to generate even critical responses. Ackerman suggests that a recently filed case in the Virginia courts shows, allegedly contra me, that “there’s an open, ongoing and unsettled problem with parties attempting to reverse, by contract clause, an issue that is addressed and settled by federal copyright law.”

The problem is, that wasn’t my argument.

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Suicide and Inheritance: A New Ruling by the Wisconsin Court of Appeals

Last week, the Fourth District Court of Appeals in Wisconsin ruled on a case involving a testator (Edward Schunk) who committed suicide and the inheritance rights of the family who survived him. Apparently, Edward was on a one-day pass from a hospital when he was found dead in a cabin which he owned. The death resulted from a single, self-inflicted shotgun blast to his chest. His will left property to his wife, to his daughter from his second marriage, and to some (but not all) of his six older children who were not Linda’s children. Five of those older children challenged the inheritance by the second wife (Linda) and child from that marriage (Megan) on the grounds that they had aided Edward in committing suicide, and thus should be barred from inheriting under a Wisconsin statute that forbids inheritance by persons who unlawfully and intentionally kill the decedent. Linda and Megan denied providing any help to the decedent’s suicidal act, and asserted that Edward had taken his gun and gone to the cabin without their knowledge.

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