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The Edge of Reason? Article

iPhone Retro Article by Simon Parkin

3 August, 2009

Page 1 of 4. Page 2 ->

Paris, 2009

"It's painful, living with this constant threat. You go home for the weekend and it's all you can talk about with your friends, yet not one of them can help you. You feel alone and there seems to be no way out. It is hard to sleep and to concentrate. We do our best to stay positive but it's difficult. We're finding it hard to start work on our next game."

Eight months ago David Papazian was on top of the world. His company, Mobigame, had just released its first videogame for the iPhone. In the space of just a few weeks it had won two prestigious awards. The past two years of early mornings, late nights and tireless endeavour were set to pay off; the sacrifices had been worth it, the indie developer dream was coming true.

Today, he sits dejected and worn. Banned in the UK, USA and Germany, his game may be critically acclaimed but, for most, it is also impossible to buy. On 15th July, 2009, just one week after Apple nominated Mobigame's debut title as one of their 'Top 30 Favourite iPhone Games', it was removed from the App Store. Not because it's unfinished, or because it might damage your hardware, nor any of the usual reasons that software is removed from sale. Rather, it's banned because of its name: Edge.

London, 1979

This story begins in Covent Garden, London at the end of the 1970s. It was here that a young entrepreneur, Timothy Langdell, founded the game publishing company Softek: Masters of the Game. Softek hired young game makers, offered to bankroll their developments, publish their games, and then split the proceeds. The set-up worked well and, while Softek's releases could hardly be called blockbusters, they were successful enough to fuel the enterprise.

'The Edge of Reason?' Screenshot 1

Tim Langdell.

But Langdell was unhappy. The company name, chosen to reflect the young, fresh vibrancy of an emergent industry, seemed a little embarrassing five years down the line. So in 1984 Langdell changed its name to The Edge, simultaneously registering the trademark in both the US and the UK. In this moment the seeds of a thousand lawsuits were sown: nobody but nobody could use the words 'The Edge' in relation to a videogame-related product without first agreeing it with Langdell. Of that, he would make certain.

By 1990 Langdell was yet to file any lawsuits, but he was no stranger to the courts. That year Michael and Ian Jones, two programmers who worked for The Edge porting the arcade game Soldier of Light to Commodore 64, won a court battle against the publisher for withholding payments. But before they saw any money, Langdell and The Edge had relocated from London to Los Angeles. Langdell claims that the move had nothing to do with avoiding paying his developers. Rather, it was due to a combination of "the weather, an addiction to Pukka Pies and Mushy Peas and a deal involving several hundreds of thousands of pounds paid by Commodore International for The Edge to become a leading Amiga developer assisting with the launch of the CDTV". No one from Commodore was able to verify his claim. Nevertheless, one way or another, The Edge moved stateside.

Los Angeles, 1990

The move to the sunnier climes of Los Angeles brought with it more than an alleged windfall from Commodore. From 1990, perhaps realising what a valuable and wide-ranging trademark it had at its disposal, The Edge's primary business shifted from publishing videogames to vigorously pursuing companies whose products it believed infringed 'The Edge' mark.

From Namco's PlayStation release Soul Edge (which had its name changed to Soul Blade for the West) to Sony's PlayStation Edge to the UK's own Edge magazine, Langdell confronted anyone who used his trademark in relation to videogames. In every case the message was clear: change the name of your product, pay us a licence fee or face a court hearing. Some paid the fee quietly. Others, faced with legal threats that they believed were dubious, turned the tables and instead took The Edge to court. No matter what the outcome of these cases, Langdell's energy in protecting his trademark never faltered, even if the trickle of games that bore the name had long since dried up.

France, 2007

'The Edge of Reason?' Screenshot 2

Alien Syndrome - a The Edge property which has seen recent new light.

In 2007 David Papazian founded Mobigame with his associate, Matthieu Malot. For two years the pair worked on their debut iPhone title under the working title Cube, changing the name to Edge when they read previews of another developer's game of the same name. Edge was released in December 2008 to critical acclaim, winning the prestigious Milthon award for Best Mobile Game in Paris and the IMGA (International Mobile Game Award) at the mobile world congress in Barcelona. These accomplishments provided a ringing endorsement of Apple's emerging platform, proving that two men could turn a good idea into a global success without the backing of a major publisher.

But not everyone shared in the celebration. On 7th April, 2009, five months after its release, Papazian received an email from Apple. It stated: "We have received notice from Edge Games, Inc. ('Edge') that Edge believes your application named Edge infringes Edge's rights. Accordingly, please take steps to review your application to ensure that it does not violate the rights of another party."

Langdell had found Mobigame.

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UncleLou
03/08/09 @ 12:57
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Before everyone has a hissy fit here:

Yes, the guy isn't behaving fairly, at all, and is abusing the system. But at the end of the day, it's not that much different to Apple fiercely attacking anyone who uses the term "apple", or a logo of an apple.

And a lot of people seem to have, more or less deliberatley, helped the guy - by accepting licenses, they make sure he genuinely uses the trademark (through 3rd parties), otherwise it could probably get deleted because of non-use. "EDGY" might well get deleted though, because it's hard to argue it wasn't applied for in bad faith.

"Of course, the key difference between made-up words such as Activison and Nintendo is that 'edge' is a word with common meaning and in wide usage."

That doesn't matter much. You can't register an existing word for something that it describes, but everything else is possible. Third parties are obviously still allowed to use such a registered word descriptively, but not as a trademark for identical goods. See my above Apple example.
Edited 1 times, most recently on 03/08/09 @ 14:00
DanWhitehead
03/08/09 @ 12:57
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But, as the article states, the game has already won acclaim and awareness under it's existing name.

I can't help wondering if they went after EA over Mirror's Edge with the same vigour.
kestral
03/08/09 @ 13:06
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Mirrors Edgy?
Exactly.
Edited 1 times, most recently on 03/08/09 @ 14:08
Tzetrik
03/08/09 @ 13:06
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jerk
Sunyavadin
03/08/09 @ 13:13
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And THIS is why it should be legal to copyright a particular logo using a word, a particular way of PRESENTING it, or a word which you HAVE MADE UP, but illegal to copyright any word found in a dictionary prior to your inventing it...



Also Langdell is scum. Utter parasitic human detritus.
I sure hope nobody gets the idea to start flooding him with hatemail or picketing him or anything like that. Because that'd be utterly reprehensible, right?

Now I think about it, what if people suddenly decided to start releasing hundreds of things with "Edge" in the title. Or even petitioned the local council of Alderley Edge to sue HIM over his use of the name. I'm pretty sure they "owned the rights to it" from the 17th century...
Edited 2 times, most recently on 03/08/09 @ 14:21
asphaltcowboy
03/08/09 @ 13:15
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"I can't help wondering if they went after EA over Mirror's Edge with the same vigour."

Me too! Wondering if EA just paid up quietly or somehow The EDGE decided that maybe it's better to pick on someone their own (or considerably smaller) size?
lambtron
03/08/09 @ 13:18
#8
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"Yes, the guy isn't behaving fairly, at all, and is abusing the system. But at the end of the day, it's not that much different to Apple fiercely attacking anyone who uses the term "apple", or a logo of an apple."

That's a poor analogy UncleLou - apple at least make a tangible product. This parasite just exploits people.

Personally, I think he should be fired into the sun.
Edited 1 times, most recently on 03/08/09 @ 14:19
Whizzo
03/08/09 @ 13:20
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They should just rename it to "Tim is a See You Next Tuesday".
DanWhitehead
03/08/09 @ 13:22
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This is also the reason why U2 have yet to appear in Guitar Hero or Rock Band.
Ranger101
03/08/09 @ 13:25
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Ooh good spot with Mirror's Edge.

Langdell has a right to defend his trademark, but the registering of "Edgy" after discussion with MobiGames is really, really bad faith in litigation. This is something that MobiGames lawyers have going for them - in order to out Langdell as an alleged* (THAT'S ALLEGED - i.e. unverified, unconfirmed, possible, not proven) extortionist of sorts.

"We'll protect you [trademarks and copyrights for you under the EDGY name].... as long as you pay us for our services of course....otherwise you might face financial ruin"

Any one who's watched any Italian Mob move or The Soprano's might find that phrasing familiar.
ShakaCarnage
03/08/09 @ 13:26
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Apple doesn't own the Applie Mark, Lou.

But Simon, Bravo. Loved this.
squarejawhero
03/08/09 @ 13:27
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Langdell's site had a flash banner for a game called Mirrors, by Edge, recently.
Ranger101
03/08/09 @ 13:27
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Anyone know if Edge magazine licensed it or contested it?
Sunyavadin
03/08/09 @ 13:29
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Has he sued the guitarist from U2 yet?
squarejawhero
03/08/09 @ 13:29
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BTW whether he's a trademark "troll" or not, he's within his rights to persue anyone infringing on the trademark name Edge with concerns to videogames.

Whether or not such cases would be thrown out of court is another matter.
Sunyavadin
03/08/09 @ 13:30
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Yes, and this is why the law is WRONG.

It's an outdated concept intended for a much smaller world. It has no place ina modern society, where basic laws of probability mean it's nigh impossible to use anything in a name that has not been used before, and where what would have been a small, unheard of business by the same name which nobody would have noticed now has an internet presence and so can be rapidly brought to the attention of anyone such as a trademark owner...
Edited 1 times, most recently on 03/08/09 @ 14:32
Whizzo
03/08/09 @ 13:30
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Come to think of it I don't think Bobby Bearing featured a subtitle "A Homage to Spindizzy It Being a Homage to Marble Madness", I hope Tim corrects this in future.
squarejawhero
03/08/09 @ 13:31
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-1 already? It's stating fact. I'm not agreeing what he's doing is right. I don't think it is.

Just goes to show the passions of this case actually go slightly beyond reality.
Redeye
03/08/09 @ 13:31
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I've read a fair bit about this guy since the game first saw light of day, and 'reprehensible' is possibly the politest word I could think of to describe him, his attitude and his actions.
Ranger101
03/08/09 @ 13:32
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Could you call your game "EdgeegdE" and not license it. If So, Mobigames should take that name and just market the title as a nice, mirrored Palindrome for officially licensed name of Edgeegde which in no way can be confused with "Edge" and now "Edgy".
UncleLou
03/08/09 @ 13:32
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"Yes, the guy isn't behaving fairly, at all, and is abusing the system. But at the end of the day, it's not that much different to Apple fiercely attacking anyone who uses the term "apple", or a logo of an apple."

That's a poor analogy UncleLou - apple at least make a tangible product. This parasite just exploits people.

Personally, I think he should be fired into the sun.


Sorry, but it's not a poor analogy at all - in fact, it's exactly the same, legally - a company or an individual monopolising an existing word for certain goods or services. The scandal isn't that he has such a trademark. A large percentage of trademarks are not made-up words.

You say he isn't using the trademark, but others are using it for him. To give you another (again, legally the same) example: McDonald's isn't using its trademarks, either. Independent McDonald's fast food restaurants do it for them with a license.

My point being: the legal system behind this isn't some random nonsense, and 99,99% of the time it works well. It's just if someone has some creative energy and not the best of intentions, the system can be exploited. It's just not possible to make it watertight.


And as far as Mirror's Edge goes: that's too far removed from the isolated word "EDGE". He wouldn't be able to proceed against them with reasonable chances of success.
Edited 2 times, most recently on 03/08/09 @ 14:34
Mawich
03/08/09 @ 13:32
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I'd dispute that it's an infringement. The Edge is a publishing company (even if they haven't published much recently). Edge is a video game. They surely exist in different namespaces... and there's no 'The' in the name of the game in question, either. I know you're supposed to aggressively protect trademarks, but surely you can do it without being a git in the process.
bliprunner
03/08/09 @ 13:34
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"It's not that much different to Apple fiercely attacking anyone who uses the term "apple", or a logo of an apple. "

I don't think they mind if you use the word Apple. A quick search of the app store reveals "Apple Twister", "Apple Tree" and more.

But if you made a computer and tried to sell it as "Apple" they would sue your ass to hell and back, but they are a large recognised company, "The Edge" are hardly recognised in their own industry.

Scam artists, preying on indie devs... disgusting.
swede
03/08/09 @ 13:35
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Damn! I was going to call my new Edgware based software house Edgware...
Sunyavadin
03/08/09 @ 13:36
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"But if you made a computer and tried to sell it as "Apple" they would sue your ass to hell and back, but they are a large recognised company, "The Edge" are hardly recognised in their own industry.

Scam artists, preying on indie devs... disgusting."


Truth.

TBH until today I had honestly assumed they were just another of the companies who went bust in the early 90s, since I'd not heard anything of them since then.
Edited 1 times, most recently on 03/08/09 @ 14:37
kangarootoo
03/08/09 @ 13:36
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@UncleLou

"And as far as Mirror's Edge goes: that's too far removed from the isolated word "EDGE". He wouldn't be able to proceed against them with reasonable chances of success."

What about the Soul Edge game mentioned in the article? They seemed to bow to his pressure.

This is a genuine question btw. I don't really know anything about copyright law (and don't pretend to).
Dillinger
03/08/09 @ 13:36
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i hope this greasy troll gets a tremendous shitkicking if he ever appears at another gaming event.
Spooke
03/08/09 @ 13:37
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it says on the Edge website that they are responsible for Edge Magazine. I never realised that my hard earned money was going into that scumbags pocket.

Last time I buy that then.
Ranger101
03/08/09 @ 13:38
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"i hope this greasy troll gets a tremendous shitkicking if he ever appears at another gaming event. "

Not likely, it sounds like this dude has no real interest in the video games industry for him to bother turning up at any.
Ranger101
03/08/09 @ 13:38
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"it says on the Edge website that they are responsible for Edge Magazine. I never realised that my hard earned money was going into that scumbags pocket.

Last time I buy that then. "

Ah, so they licensed it then.
Eighthours
03/08/09 @ 13:39
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Ah, an article on this finally. Excellent.

It's worth pointing out that this "non-trademark troll" some months ago put a new game on his website that is supposedly in development. It's called - and I'm not making this up - "Mirrors (A Game By) Edge." See the plan here? The man is utterly contemptible.

Also, in a preemptive stunt, Edge Games obtained a trademark for “Edge of Twilight” on June 1st. This is coincidentally the name of an upcoming game for the Xbox 360, PS3, and PC from a dev called Fuzzyeyes, and it's been known about for a couple of years. What a coincidence that Langdell has chosen shortly before its release to register that trademark.

He's a lying scumbag, frankly.
Edited 2 times, most recently on 03/08/09 @ 14:42
DUFFKING
03/08/09 @ 13:39
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Spooke, I think that's just another example of him being a dick with nothing others can do about it.
squarejawhero
03/08/09 @ 13:39
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He's not responsible for Edge magazine. It just says that.
robg
03/08/09 @ 13:40
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They should say sorry and be very contrite. Then re-release it with gardening-related art assets, and call it HEDGE.
Ranger101
03/08/09 @ 13:41
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"As of June 1, 2009, Edge Games applied for a US trademark for the phrase, "Edge of Twilight."[15] This is the name of an upcoming steampunk fantasy game that has been in development by Fuzzyeyes Studios for at least two years.[16][17]"


Cunt.
Dillinger
03/08/09 @ 13:42
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AFAIK edge magazine -did- have to license it from him, in the early days. i think it did used to have some sort of written legal bumpf to that effect. not sure if it is anymore though..
cthulhu_steev
03/08/09 @ 13:44
#40
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I wonder if U2 pay him any royalties.
Sunyavadin
03/08/09 @ 13:45
#42
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"I wonder if U2 pay him any royalties."

Yeah, that's what I was asking... I'd like to see him try suing them.
brainbird
03/08/09 @ 13:46
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Mobigames would sell tonloads of their game on sympathy alone if they called it FYTL instead of EDGE.
Edited 1 times, most recently on 03/08/09 @ 14:46
jonnyboyband
03/08/09 @ 13:47
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Nice article.

This guy must be one of the biggest pieces of human waste in the history of mankind.

The story also highlights how vulnerable you are as an iPhone developer, as Apple can pull an app for any reason whatsoever. Google got the FCC in the US to investigate the Google Voice thing, but if you happen to be a smaller company than Google...
Pac-man ate my wife
03/08/09 @ 13:47
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On the Apple trademark discussion above: Apple themselves have been sued numerous times by Apple Records for moving into the music realm - see here http://en.wikipedia.org/wiki/Apple_Corps...
Sunyavadin
03/08/09 @ 13:48
#47
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"How ironic. This is a four-page character assassination of Langdell. Seems Eurogamer doesn't mind playing the bully either.

This article is ill-timed, ill-conceived and seriously lacking in journalistic integrity.
"


That's like saying in the middle of 1942 that an article which came across as a character assassination of Hitler was "ill timed" or "ill conceived". Lacking in journalistic integrity? That's debatable, but a reasonable enough argument to merit further discussion.
Edited 1 times, most recently on 03/08/09 @ 14:48
mingster
03/08/09 @ 13:49
#48
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Edge magazine had to pay him to use the name.
They licensed the name from him.

Due to people paying up and licensing the name it just legitimizes his trademark and makes it more uncontestable.

Edited 1 times, most recently on 03/08/09 @ 15:57
Drone
03/08/09 @ 13:49
#49
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@ KrissAkabusi
"This article is ill-timed, ill-conceived and seriously lacking in journalistic integrity"

How so?
Vroom!
03/08/09 @ 13:49
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Interesting read.

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