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  Simon's Hatchet Job...
by Thomas Buscaglia on 06/01/09 11:56:00 am   Expert Blogs
8 comments
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  Posted 06/01/09 11:56:00 am
 

First off, I am speaking now as myself, and not on behalf of the IGDA.  Bob Bates, the IGDA Board Chair, has already done that here.  Also, I would like to say that I have known Simon Carless and Tim Langdell for many years and condider them both to be friends...but this whoe thing stinks.

This dispute relates to a company enforcing its properly registered Trademark (See below). While you or I may not agree with those laws related to Trademarks, they are what they are. Moreover, the IGDA represents the individuals who make games, not the companies that make them. So, although no one is more committed to independent developers than I am, this is a legal dispute between two companies regarding an alleged Trademark infringement. So, while I anyone’s effort to fight for the little guy, these matters are for the court of law, not for a court of public opinion.

I think this matter is obviously a bit more complex the article presented it.  As someone who has litigated intellectual property cases, I can tell you that these cases are never as simple as they might seem to a lay person, especially when one only has access to one side of the story. I suspect that if you had spend 20 odd years building a Trademark to brand your studio and games, and paid to have a Trademark registered, you might also feel compelled to enforce your trade name. BTW, if you do not enforce your Trademark, you may lose it. So you may want to also take that into account in your analysis!

This is hardly a matter for the IGDA either…Board members do not lose their legal rights when elected to the Board. I personally do not think that lobbying the IGDA to intervene or even take sides in a legitimate legal disputes not the right approach, even if one of the parties to that dispute is a member of the BoD!. If Tim’s position is correct (and I do not have enough information to determine that issue one way of the other) you are recommending that the IGDA support a someone who violated the U.S Lanham Act and infringed a legal and enforceable Trademark. That’s just nutty!

In any case, I do not see how Tim L. vigorously enforcing his legal rights as contrary to the code of ethics in any way.

Again, I am speaking now for myself and NOT on behalf of the IGDA or as an IGDA Board member. But as me, Tom Buscaglia, The Game Attorney.

Tom B

************’
Word Mark EDGE
Goods and Services IC 009. US 021 023 026 036 038. G & S: computer game software, computer game programs, video game software, video game programs, computer game software that may be downloaded from a global computer network, video game software that may be downloaded from a global computer network, computer game cartridges to be used in computer game machines adapted for use with television receivers, video game cartridges, computers, computer accessories, plug-in boards, peripheral devices, flash cards, set-top boxes, cable modems, mobile game devices, handheld game devices, video game consoles, video game assessories, video game peripherals, augmented reality games, virtual reality games, games designed for use with mobile entertainment devices. FIRST USE: 19840601. FIRST USE IN COMMERCE: 19840601
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 78807479
Filing Date February 5, 2006
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) EDGE GAMES, INC. CORPORATION 530 SOUTH LAKE AVENUE #171 PASADENA CALIFORNIA 91101
Assignment Recorded ASSIGNMENT RECORDED
Prior Registrations 1853705;2219837;7502940
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

——————————————————————————–

 
 
Comments

Kevin Potter
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Perhaps there is more to this case than meets the eye, but as far as meets the eye Tim L. is a parasite.

Jeff Beaudoin
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I don't think Simon's article claimed that Tim's actions were illegal or that the IGDA should get involved in any legal way.

The point is that all the information taken together presents a picture that could be considered morally questionable and reflects poorly on the IGDA and its board of directors. Especially since the IGDA is supposed to be on the side of the independent developer.

Edge Games is obviously a company founded solely to exploit copyright law and I don't think the IGDA should be associated with shady business dealings of this sort.

Adam Saltsman
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GDMag does not compete with EDGE, and Tim has no stake in EDGE anyways. You are implying that Simon's article is part of a conspiracy to somehow not only attack Tim but also to attack a magazine that licensed his name (to avoid the same trouble that Mobigames is dealing with now) in exchange for Tim's company's current logo back in '93. This is absolutely ridiculous! Talk about hatchet jobs.

I think the most interesting thing to do in this situation is to compare this response to Simon's article:

Simon's article links to various legal proceedings and shows not just some but much diligence. Simon does not encourage taking any legal action or even asking the IGDA to take any stance on this issue. He does encourage interested parties to ask questions.

Tom's response includes attacking Simon as a journalist and the claim that board members' professional behavior has no bearing on their position as the figureheads of the largest professional games-related organization on earth, which is dubious if legally sound. I.e. "stop asking questions."

It's really hard to look at this without some bias, given Simon's record of service to the industry and to independent developers in particular.

To quote: "although no one is more committed to independent developers than I am..." Simon is definitely more committed to independent developers than you are, Tom, and demonstrably so. Did YOU invent the IGS?

No?

Thomas Buscaglia
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Yes, the EDGE Mag/Game Developer thing was about as relevant to the actual issues as the Tim is an IGDA Board member was...that WAS the point. I guess the sarcasm just didn't come through as intended.

That said, I do think that prior to posting his piece that Simon should have contacted both Tim and the IGDA for their side of the story, and he did not. That was my main point. And I stand by it.

An Dang
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What a sad situation. I can't help but feel that Tim is sitting on the name and using trademark laws in a way that they were not intended to be used. I have trouble believing that Tim's intends to use the name aside from selling licenses for others to use the very common worde, "edge." If Tim really intends to really do something with the name, then I see no problem. Otherwise, why hold the rights to the name? Actually, it's all about money, and I understand that if you own the rights to a name people want, it makes sense to keep it.

Brian Beuken
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Maybe you should save the sarcasm then, it seldom seems to come through as anything but crass and insulting.


Brian Beuken
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And this IS a matter for the IGDA, especially the board, or is bringing the IGDA into disrepute and falsifying your achievements in an election campaign statement considered not worth the boards time?



Martin Piper
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Of course it is a matter for the IGDA board because Tim repeatedly misrepresented his accomplishments in his manifesto which directly affects his position on the board, obviously. Those misrepresentations are very obvious now given how much investigation has been done and especially how Wikipedia is on the verge of removing all of Tim's self promotional content. All this is demonstrated in this thread: http://gamasutra.com/blogs/StephenJacobs/20090601/1615/Class_Acts_Or_Not_The_IGD
A_Langdell_Capps_and_quotPolicingquot_the_Board.php
So given how obvious and proven Tim's misrepresentations are then the board should be united and unanimous in calling for Tim's immediate resignation. Any board member who now supports Tim also cannot in good conscience stay on the board.


none
 
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