oh i never said a legal definition of anything regarding third party exclusive exists. all i said was there isn't anything as a 2nd party in the real world, just different and nuanced kinds of relationships between first and third parties.
You seemed to be implying a "correct" definition, based upon some sort of formalized context, you brought up patent offices and legal agreements etc. I don't think anyone is contesting nuance in relationships.
1. no, it would still be theirs, but future games on their platform would be first-party games. if they published their own games on other platforms despite being a developer of their own console, then they would be publishing as a third-party for another first-party.
If they published their owned properties on platforms not owned by them then those would be third party games for another first party? I'm not sure how that's not incongruous with IP ownership defining the status of a title and how that isn't exactly what you seem to be indicating is an incorrect usage.
it's no different than your gears of war comparison earlier. a bunch of people saying something to be true doesn't make it true. want to know how i know gears of war wasn't a first-party franchise for those games epic released on the xbox 360? because microsoft had to
buy the rights earlier this year in order to make more with another studio at the helm.
Many people saying the Wii U is an accessory doesn't make it true, as it's inaccurate under accepted definition of what an accessory is.
Many people saying the earth revolves around the sun doesn't make it true, given the common meaning of that sentence, because of observable phenomenon.
The term isn't commonly used to describe an independent successor system. It's observable that it isn't an "accessory." Should people commonly begin using the latter word to label what the Wii U can observably be described as, then it could become accurate.
We're not even talking about observable phenomenon here. We're talking about very mutable terms and definitions for relatively colloquial concepts.
People saying Gears of War is a first party game/exclusive isn't "truth" given you've already pre-defined what "first party" is and that their usage is incorrect. But it isn't a "lie" under what other people may be using the term to indicate. And in the situation that the term is used commonly in that different manner to your "truth," again, I don't see how your truth is absolute, as we've already established it isn't based on any particularly concrete authority.
Many people using a term to indicate a certain meaning can give such meaning to a term.
Do you think words define usage, or that usage defines words and terms? Is "twerk" a word? Does defecate still mean to clarify? What makes a "watch" a "watch"?
Is Gears of War a first-party game? Yes, Microsoft published it.
Is Gears of War a first-party game? No, Microsoft does not own the intellectual property (or did not at the time).
I don't see why either cannot be taken as accurate.