New York Times is targeting Wordle clones with DMCA takedowns

Original Article ↗ Hacker News Discussion ↗

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.