Apple’s New Year’s Resolution Must Include Tim Langdell

Two words show Apple are their own worst enemy…Tim Langdell.

The saga began months ago with the popular iTunes game Edge developed by Mobigames and since then has continued to spiral into an ever-growing pile of nonsense that threatens not only the livelihood of developers, but impacts the foundation of the iTunes store.  As founder of Edge Games back in 1990, Mr. Langdell started off on the right path because he wanted to create entertaining and creative games.  And, his experience even earned him a seat on the board of directors for the International Game Developers Association (IGDA).

Unfortunately for him, he will likely be remembered in the annals of video game history as a villain for his legal shenanigans against other developers. The Edge saga that began with Mobigames has turned Mr. Langdell into an equal opportunity cease-and-desister going after PuzzleKing’s Killer Edge Racing and even behemoth EA in recent weeks.

Whatever side of the iTunes fence you fall on, Mr. Langdell has used the U.S. Patent and Trademark Office to defend his ownership and global trademark of the word “EDGE.” At the least, it has directly impacted a handful of gaming companies and indie developers.  But, the far-reaching implications are much more detrimental for the gaming industry as a whole.  The most obvious is the use of the word “EDGE” which has become a scarlet letter if you will in the iPhone/iPod Touch gaming community.

Ask Mobigames who has seen their game Edge removed from the store, whose popularity ironically set Mr. Langdell’s sights on it.  PuzzleKings’ Killer Edge Racing is another that joins Edge on the “Not Available” list.  Just a few weeks ago, several indie developers joined together in solidarity against Mr. Langdell’s trademark tactics by renaming their games to include “EDGE”.  No doubt the Langdell legal team is already chalking up billable hours drafting the next set of legal briefs.

For months, Apple has come under scrutiny for its nebulous application review process.  However, the larger and more significant implication involves trademark and copyright issues, highlighting the increasing need beyond simply removing an app.   Not only has Apple’s approach of sweeping the issue under the rug been sorely deficient, it points to the iTunes store’s lacking approval process and arbitration guidelines.

For whatever reason, Apple’s  review process has always been more closely guarded than Area 51 with apps taking weeks or months for approval or rejection.  Yet, when a dispute arises, apps are removed almost immediately with or without valid reasons.  On the flip side, how many times have you seen apps that have looked remarkably similar to each other?  While that’s bound to happen in a store with more than 100,000 apps, it still points to two major issues that need to be addressed.

First is the need for a thorough background check during the review process.  This means checking trademarks, licenses and game concepts among others.  It doesn’t take Sherlock Holmes to see that background checks are not consistently implemented if at all.

In the more immediate timeframe, Apple needs an arbitration process prior to removing an application.  Developers should have an opportunity to defend themselves.  While it’s had no problem with taking a cut of earnings from developer sales, what’s been illustrated with the Langdell/EDGE situation is Apple repeatedly giving developers little or no recourse.

Of course, the consequence of all this is the impact on customers.  Incorporating a thorough background check in the reviews process will undoubtedly delay the approval process for new games.   But, then again, quality means a lot more than quantity as many can attest to when looking at the bulk of the apps in the iTunes store.

The question remains “Will Apple change?”  Right now, it certainly has the power to set its own rules, but with more incidents such as EDGE, that power is slipping away.  And, one day, changes may happen under someone else’s directive.  One thing is for sure, Mr. Langdell’s presence will continue to affect the gaming industry, and Apple may have no choice but to act.

It would be interesting to see who’s side you sympathize with. Let us know in the comments below.