New York Times is targeting Wordle clones with DMCA takedowns

Original Article ↗ Hacker News Discussion ↗

New York Times has begun issuing DMCA takedowns against Wordle-inspired games on GitHub, asserting rights over the Wordle name, its 5×6 grid layout, and gray–yellow–green color scheme. Commenters question whether gameplay mechanics and simple UI patterns can be protected by copyright rather than just trademark, noting that Wordle itself closely resembles much older games like Lingo, Mastermind, and Bulls and Cows. Many see the move as legal overreach and corporate bullying enabled by asymmetrical resources, even as they acknowledge that cloned code or copied word lists could raise genuine copyright concerns.

Scope of NYT’s Claims

  • NYT reportedly cites ownership of:
    • The Wordle name (trademark).
    • “Copyrighted gameplay” including 5x6 tile layout and gray/yellow/green color scheme.
    • Forked source code in some GitHub projects.
  • Several commenters argue this sounds more like a trademark or trade-dress issue than a copyright one, and that using DMCA for this feels like overreach.

Can Gameplay / Layout Be Protected?

  • Multiple comments state: gameplay mechanics are not copyrightable, though:
    • Code, art, and specific audiovisual elements are.
    • Game mechanics can be (and historically have been) patented, but Wordle likely can’t be due to extensive prior art (e.g., Lingo, Bulls and Cows, Mastermind-style puzzles).
  • The Tetris court case is cited as precedent for protecting “look and feel” (field size, shapes, presentation), suggesting a court might view Wordle’s layout/colors as copyrightable expression.
  • Others see this as a misapplication of copyright where trade dress or trademark would be more appropriate.

Word List Copyright Debate

  • One side: Word lists may be protectable as compilations when there is creative selection/arrangement (e.g., Wordle’s manual filtering into “solution” vs “guess-only” words, removal of offensive words).
  • Other side: Words are facts; classification by whether people know a word may not be sufficiently “expressive” to meet the originality threshold under Feist. No clear case law on this exact scenario is identified.
  • Overall: Legality of copying Wordle’s exact word list remains contested and labeled as uncertain.

DMCA, Power, and Abuse Concerns

  • Many view NYT’s DMCA use as bullying or copyright trolling, enabled by asymmetry of legal resources.
  • Some note that even weak claims can be effective when small developers cannot afford to fight.
  • A minority argue that companies must actively police trademarks to avoid dilution, though this does not justify overbroad copyright claims.

Perceived Hypocrisy and Prior Art

  • Commenters point out:
    • Wordle’s gameplay is very similar to older formats (Lingo, Bulls and Cows, Jotto, “deduction” puzzles) and essentially “Mastermind with words.”
    • NYT’s own “Connections” puzzle is accused of copying the BBC’s Only Connect.
  • This fuels anger at NYT enforcing rights on something many see as derivative itself.

Community Reaction and Alternatives

  • Emotional responses range from “stop playing Wordle” to mocking NYT with parody games and domains.
  • Others remain pragmatic: NYT likely got strong ROI from Wordle (millions of daily players, subscription funnel, brand exposure).
  • Many share and recommend alternative word games and open-source clones, some in other languages, and discuss mass self-hosting as a form of resistance.