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The Board Game Trial of the Century

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The true story of Monopoly is no secret to mental_floss readers: It was Elizabeth "Lizzie" Magie who first drew the square board framed by properties, railroads, and utilities, and she called her creation The Landlord’s Game. “Let the children once see clearly the gross injustice of our present land system,” she wrote in 1902, “and when they grow up, if they are allowed to develop naturally, the evil will soon be remedied.” She received a patent two years later (which you can read here), but it ultimately did her little good. In 1935, a fellow named Charles Darrow claimed her idea as his own and sold it to Parker Brothers, which in turn surrounded its newfound gold mine with an army of lawyers. In her excellent new book, The Monopolists, author Mary Pilon revisits the sordid story of Monopoly and recounts how those understandably touchy lawyers almost undid the board game giant.

ANTI-MONOPOLY

In 1974, attorneys for Parker Brothers sent a cease and desist letter to Ralph Anspach, an economics professor at San Francisco State. It had occurred to Anspach during a lecture on Adam Smith that Monopoly was problematic. For capitalism to succeed, he believed, it must be competitive. The board game’s ultimate lesson of success through corporate monopolization was thus flawed. Worse yet, because people associated family game nights from youth with a board labeled Monopoly across its center, they were more or less being conditioned to appreciate the idea of such monopolies. He resolved to create an anti-monopoly game, which he called Anti-Monopoly. The game attracted a small, enthusiastic audience with the potential for real growth. It also attracted the attention of Parker Brothers, which wanted it stopped.

Anspach hired a lawyer and began looking into whether Parker Brothers was, in a moment of supreme irony, committing an antitrust violation against Anti-Monopoly. They reasoned that a common trait of monopolies was to use legal threats to scare off competition. Depositions ensued, and though Anspach held his own against the Parker Brothers legal team, he was a teacher of modest means and they were a multimillion-dollar corporation with a lot to lose. The idea of going through with the lawsuit seemed crazy.

It was, therefore, a revelation when Anspach’s son happened upon a passage in a book noting that Charles Darrow hadn’t actually invented Monopoly. If a Monopoly board game preceded Charles Darrow’s 1935 patent, that patent might be overturned. Monopoly might, in fact, be built on a house of Chance cards. It might be in the public domain.

Anspach’s first big break in this line of attack came during a television appearance in Oregon, where he was promoting Anti-Monopoly. An elderly woman called in to the show, noting that she knew someone who played Monopoly long before the Great Depression (and thus before the Darrow patent). This inspired Anspach to track down the players of pre-Darrow Monopoly and assemble an accurate history of the game. Such a history would help prove that Darrow had essentially patented a game like chess or checkers—a long popular game to which he was a latecomer. Anspach took out an ad in Christian Science Monitor and waited, following leads where they came.

THE MISSPELLING ON EVERY MONOPOLY BOARD

Monopoly properties are named after real places in and around Atlantic City, New Jersey. Pull out your yellowed Rand McNally, though, and you’ll note that “Marvin Gardens” is nowhere to be seen. You will, however, find a place between Margate City and Ventnor City called Marven Gardens, spelled with an “e.” The yellow property, misspelled to this day, became a problem for Parker Brothers during the Anti-Monopoly legal process.

Through dogged detective work (and dumb luck), Anspach learned the names Charles and Olive Todd, and paid the couple a visit. He discovered that Charles Todd, along with his wife Olive, his childhood friend Esther, and Esther’s husband Charles Darrow, played a handmade board game together that concerned real estate. Darrow was immediately taken with the game and copied down the board and its rules. On Charles Todd’s original, hand-drawn board, itself a copy, he misspelled “Marven,” which Darrow duplicated in full. This, perhaps, established plagiarism.

Meanwhile, as a result of the Christian Science Monitor ad, word of mouth, and increasing interest in the Anti-Monopoly trial, other, older variants of the game came to light, with properties named after other locales. All of this was bad news for Parker Brothers, which, if it didn’t have a troubling legal situation on its hands, certainly now had a public relations problem. The story of Charles Darrow was central to the Monopoly story. They even printed it in the game’s instructions.

To make this headache go away, General Mills, parent company to Parker Brothers, made an offer to Anspach: In exchange for rights to Anti-Monopoly, they would give him $500,000 and an executive position at Parker Brothers. Anspach refused (which seemed crazier than filing the lawsuit in the first place). He feared that just as Parker Brothers eventually purchased rights to The Landlord’s Game for $500 before burying it forever, they might also kill Anti-Monopoly.

Anspach lost the case. To make an example of him, Parker Brothers, now in possession of 40,000 copies of Anti-Monopoly, really did bury the game—literally: They called journalists to witness the interment of the games in a landfill. The land was quickly sold, and in proper Monopoly fashion, houses were built on top of it.

Meanwhile, a possible legal opening was discovered in the opinion against Anti-Monopoly. There was, perhaps, a misreading of trademark law in the decision. Anspach appealed, and the Ninth Circuit Court of Appeals ordered a reexamination of the validity of the Monopoly trademark.

The second hearing began in 1980, and again, Anti-Monopoly lost. In 1982, however, the Ninth Circuit reversed the lower court’s decision. When the Supreme Court later declined to hear an appeal, it was official: “Monopoly” was no longer a valid trademark.

Today, of course, Parker Brothers still owns Monopoly. Following the lawsuit, major corporations began lobbying Congress to protect longstanding trademarks. The Trademark Act was soon amended and signed into law by President Reagan, and the Monopoly trademark was restored. The amendment did not apply to Anti-Monopoly, however, and it is still available in stores today. Meanwhile, the whole story in glorious detail can be found in The Monopolists.

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Why the Soundtracks to Games Like 'Mario' or 'The Sims' Can Help You Work
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When I sat down to write this article, I was feeling a little distracted. My desk salad was calling me. I had new emails in my inbox to read. I had three different articles on my to-do list, and I couldn't decide which to start first. And then, I jumped over to Spotify and hit play on the theme to The Sims. As I listened to the upbeat, fast-paced, wordless music, my writing became faster and more fluid. I felt more “in the zone,” so to speak, than I had all morning. There's a perfectly good explanation: Video games provide the ideal productivity soundtrack. At Popular Science, Sara Chodosh explains why video game music can get you motivated and keep you focused while you work, especially if you're doing relatively menial tasks. It's baked into their composition.

There are several reasons to choose video game music over your favorite pop album. For one, they tend not to have lyrics. A 2012 study of more than 100 people found that playing background music with lyrics tended to distract participants while studying. The research suggested that lyric-less music would be more conducive to attention and performance in the workplace. Another study conducted in open-plan offices in Finland found that people were better at proofreading if there was some kind of continuous, speechless noise going on in the background. Video game music would fit that bill.

Plus, video game music is specifically made not to distract from the task at hand. The songs are meant to be listened to over and over again, fading into the background as you navigate Mario through the Mushroom Kingdom or help Link save Zelda. My friend Josie Brechner, a composer who has scored the music for video games like the recently released Blossom Tales: The Sleeping King, says that game music is definitely written with this in mind.

"Basically, successful video game music straddles the balance between being engaging and exciting, but also not wanting to make you tear your ears off after the 10th or 100th listen," Brechner says. Game music often has a lot of repetition, along with variation on musical themes, to keep the player engaged but still focused on what they're playing, "and that translates well to doing other work that requires focus and concentration."

If you're a particularly high-strung worker, you might want to tune into some relaxing classical music or turn on a song specifically designed to calm you. But if you want to finish those expense reports on a Monday morning, you're better off choosing a fast-tempo ditty designed for seemingly pointless activities like making your Sims eat and go to the toilet regularly. (It can help you with more exciting work responsibilities, too: Other research has found that moderate background noise can increase performance on creative tasks.)

These types of songs work so well that there are entire playlists online devoted just to songs from video game soundtracks that work well for studying. One, for instance, includes songs written for The Legend of Zelda, Skyrim, Super Smash Bros., and other popular games.

The effect of certain theme songs on your productivity may, however, depend on your particular preferences. A 2010 study of elementary school students found that while calming music could improve performance on math and memory tests, music perceived as aggressive or unpleasant distracted them. I was distracted by the deep-voiced chanting of the "Dragonborn Theme" from Skyrim, but felt charged up by the theme from Street Fighter II. There's plenty of variety in video game scores—after all, a battle scene doesn't call for the same type of music as a puzzle game. Not all of them are going to work for you, but by their nature, you probably don't need a lot of variation in your work music if you're using video game soundtracks. If you can play a game for days on end, you can surely listen to the same game soundtrack over and over again.

[h/t Popular Science]

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This Augmented-Reality App Makes the Hospital Experience Less Scary for Kids
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Staying in a hospital can be a scary experience for kids, but a little distraction can make it less stressful. According to studies conducted by Alder Hey Children’s Hospital in Liverpool, UK, distracted patients have an easier time with their appointments and require less pain medication. Now, Co.Design reports that the hospital is releasing its own app designed to keep children entertained—and calm—from the moment they check in.

The Android and iOS app, called Alder Play, was designed by ustwo, the makers of the wildly popular smartphone game Monument Valley and the stress relief tool Pause. Patients can download the app before they arrive at the hospital, choosing a virtual animal buddy to guide them through their stay. Then, once they check into the hospital, their furry companion shows them around the facility using augmented-reality technology.

The app features plenty of fun scavenger hunts and other games for kids to play during their downtime, but its most important features are designed to coach young patients through treatments. Short videos walk them through procedures like blood tests so that when the time comes, the situation will feel less intimidating. And for each step in the hospitalization process, from body scans to gown changes, doctors can give kids virtual stickers to reward them for following directions or just being brave. There’s also an AI chatbot (powered by IBM’s Watson) available to answer any questions kids or their parents might have about the hospital.

The app is very new, and Alder Hey is still assessing whether or not it's changing their young hospital guests’ experiences for the better. If the game is successful, children's hospitals around the world may consider developing exclusive apps of their own.

[h/t Co.Design]

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