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The Edge of Reason? Article

iPhone Retro Article by Simon Parkin

3 August, 2009

Page 3 of 4. <- Page 2Page 4 ->

Los Angeles 2009

Timothy Langdell is a difficult man to speak to. My first attempt at contact is flatly ignored, a response finally drawn only when I mail his personal email address to point out that we'd spoken at length to Mobigame and were eager to hear his side of the story.

Claiming to be someone other than Tim (although never offering a name or position within the company) a representative from The Edge writes: "Tim will not be replying [to your questions]. This has already been distorted from an Edge Games issue into an attack on Tim personally. He is thus not having any involvement in this matter going forward and has not had a personal involvement in this issue for some time now." In a later email we're told: "This is entirely a corporate Edge matter: it is Edge that has had the contact with Mobigame. Not Tim." This despite the fact that every single piece of correspondence between The Edge and Mobigames I have seen is signed 'Tim Langdell' .

Refusing to answer our questions, the Edge representative repeatedly requests to see a transcript of our interview with Mobigame so he/she can "respond to specific accusations". We refuse. Eventually, the representative (who, by demonstrating an intimate knowledge of the facts and dialogue between the two parties was almost certainly Langdell himself) begins, slowly at first and then in longer responses, to answer our questions.

'The Edge of Reason?' Screenshot 5

The disputed game, Edge.

I ask Langdell to respond to critics who argue he is a trademark troll, seeking income from trademark actions rather than from selling games software. "We categorically deny we have ever acted as 'Trademark Trolls'," he replies. "We do not engage in the practice of waiting until people use our trademarks and then ask them for money (there is no evidence we have ever done that) and we have been actively developing and publishing games every year since 1979, and actively producing game hardware since the early nineties."

Visit the company's website today and their discography puts the total number of Softek/The Edge releases at 756 titles, a staggeringly high number of games, even for a publisher of their venerable age. Upon closer inspection, it seems as though they've counted different formats of the same game as separate releases. By contrast, Rob Fearon, who meticulously compiled a list of those games that could be verified as The Edge releases, counts the total at a more modest 70 titles, the most recent of which was released in 1990.

I ask Langdell to name three of The Edge's commercially released games from the past five years. He replies: "Edge has focused on developing mobile games in the past few years, with Bobby Bearing for a wide range of mobile handsets being a consistent good seller in the UK, Europe and America (three new versions of it in 2008, one new version earlier this year and the iPhone 'Remix' version about to be launched)." Other than this 30-year-old re-release, Langdell does not mention a single other commercially available game he has published in the past decade, despite my repeated asking.

I then turn to the Mobigames case, asking Langdell to identify when he first heard about the French developer's game. Papazian and others have claimed The Edge waited until the game was a well-known success before writing to Apple, when changing the name would have been too costly for the developer. "There is no truth to the unfounded speculation circling the internet that we deliberately delayed before notifying Mobigame of the trademark infringement." Langdell is adamant. "We first heard about Mobigame's use of our trademark EDGE shortly after the game was released on iTunes. We contacted Mobigame immediately pointing out we own the trademark THE EDGE and, as the law requires, asked them to cease and desist from use of our trademark."

'The Edge of Reason?' Screenshot 6

And Bobby Bearing.

I ask Langdell what would have to change for Mobigames to be able to once again offer the game for sale in the UK and US. "Edge has not retracted the settlement offer it made to Mobigame in early June for it to rename its game to EDGY (or such other new name that Edge and Mobigame can agree does not infringe Edge's trademark rights) and remains hopeful Mobigame will eventually respond to it so that Mobigame's game can once again go on sale."

When I ask Papazian about the proposed name change to EDGY he is quick to point out that this was something he suggested earlier in the year but that, at the time, Langdell flatly refused the offer. He sends me Langdell's email response to Mobigame's offer to change the name of their game to EDGY, sent on the 15th May: "[We] would very strongly oppose your use of EDGY which is clearly just adding the 'y' sound to the end of our famous trademark EDGE," Landgell wrote. "In fact, we won a case against someone who tried to use EDGY so we are confident we would win should you try to do that. You need to stop infringing our trademark EDGE and select an entirely different [original emphasis] name for your game which does not even suggest our trademark."

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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
#9
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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
#21
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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
#31
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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
#33
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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
#34
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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
#36
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He's not responsible for Edge magazine. It just says that.
robg
03/08/09 @ 13:40
#37
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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
#39
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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
#44
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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
#45
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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
#46
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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
#50
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Interesting read.

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