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The FTC-Sony Case Against The Microsoft Activision Deal Is Very Bad

If Sony and the FTC are doing everything they can to block the Microsoft Activision acquisition, they are doing a very, very bad job of it, as evidenced by this week’s hearings.

www.forbes.com

Our main man Paul Tassi strikes again.

 

[GHG]

Also give Singularity an FPS and Res boost.

That's called buy a modest gaming PC.

 

[Topher]

The FTC-Sony Case Against The Microsoft Activision Deal Is Very Bad

If Sony and the FTC are doing everything they can to block the Microsoft Activision acquisition, they are doing a very, very bad job of it, as evidenced by this week’s hearings.

www.forbes.com

1. It wasn't the FTC who had Spencer swear under oath regarding COD, it was Microsoft's own lawyers. FTC tried to press it and that's when the judge shut them down.
2. He missed the point entirely about the Windows license as Sarah Bond admitted in Nvidia's case there was need for Windows licenses, probably for the virtual machine in the cloud.

He's right about the Google guy though.

 

[splattered]

Come on man, you kind of did:

I said they might have, I didn't say it was fact. From the outside looking in they kept it multiplatform whether it came down to contracts or whatever... Fact remains they still kept it multiplatform just like they would cod.

 

[adamsapple]

That's called buy a modest gaming PC.

1. It wasn't the FTC who had Spencer swear under oath regarding COD, it was Microsoft's own lawyers. FTC tried to press it and that's when the judge shut them down.
2. He missed the point entirely about the Windows license as Sarah Bond admitted in Nvidia's case there was need for Windows licenses, probably for the virtual machine in the cloud.

He's right about the Google guy though.

I'm still not clear on the whole license point, were they asking about an individual user license or a commercial dealing license between nvidia/MS ?

 

[GHG]

Your loss, missing out on that first class Xbox experience.

 

[Raven77]

I'm already bookmarking ActiBlizz games on the MS shop so I can see a list of what I'll be playing on game pass this time next year.

The FTC trial is going to be a huge win for MS and this deal. They've expertly laid the groundwork the past couple weeks dismantling the FT C's problems with the merger before the trial even begins.

MS pre-trial score: 9/10

Impressive. But not a done deal yet.

 

[Kilau]

I'm already bookmarking ActiBlizz games on the MS shop so I can see a list of what I'll be playing on game pass this time next year.

The FTC trial is going to be a huge win for MS and this deal. They've expertly laid the groundwork the past couple weeks dismantling the FT C's problems with the merger before the trial even begins.

MS pre-trial score: 9/10

Impressive. But not a done deal yet.

Fitting that show ended with

Spoiler

an American leaving the UK.

 

[Topher]

I'm still not clear on the whole license point, were they asking about an individual user license or a commercial dealing license between nvidia/MS ?

They couldn't speak of it openly because it was deemed sensitive. FTC asked if gamers needed a Windows license. Bond said no. FTC said something to the effect of there being a requirement in the Nvidia contract for a Windows license. Bond said yes.

To me, this sounds like they are talking about virtual machine licenses. Or perhaps a container license if they use those for gaming. When I deploy my apps at work into Azure, I have to choose either a Linux or Windows OS. The cost of the service varies depending on which OS I choose (Linux is cheaper).

I don't know if any of that applies to game streaming, but that is my guess.

 

[demigod]

Come on man, you kind of did:

Thanks for bringing the receipt. Now he won't admit it, what a liar, lol. Typical xfan for you.

 

[Calverz]

Just read that Forbes article. Good overall description of what happened in court.

 

[StealthGoblin]

I'm already bookmarking ActiBlizz games on the MS shop so I can see a list of what I'll be playing on game pass this time next year.

The FTC trial is going to be a huge win for MS and this deal. They've expertly laid the groundwork the past couple weeks dismantling the FT C's problems with the merger before the trial even begins.

MS pre-trial score: 9/10

Impressive. But not a done deal yet.

All of this is meaningless becuase the CAT won't ask the CMA to re-evaluate based on not having done due diligence because they actually did their due diligence. The EU and NZ have identified the same problem as the CMA.

The EU chose to accept behavioural remedies and have continual oversight of the deal, imposing huge fines at will.

New Zealand have identified cloud as an issue.

The CMA did their homework and identified cloud and do not wish to have to have continual oversight of the deal. They rejected the remedies.

It is incredibly unlikely the CAT will refer the case back to the CMA. Even if they do, the CMA will present the EU and NZ findings as support for their conclusions.

This week has been a pantomime but it he biggest issue isn't being addressed.

Microsoft have tried to apply political pressure and lobbying to the U.K. government, but the CMA is actually having its powers strengthened by the U.K. government.

 

[Topher]

Thanks for bringing the receipt. Now he won't admit it, what a liar, lol. Typical xfan for you.

Come on, man. splattered is a good guy. We ain't gotta go down that road, do we?

Just read that Forbes article. Good overall description of what happened in court.

Except for the parts he got wrong

 

[Calverz]

Come on, man. splattered is a good guy. We ain't gotta go down that road, do we?

Ignore that dude. Look at his dumb avatar for fucks sake. Boy is a clown

 

[adamsapple]

Derek's latest musings.

"Microsoft and Sony need each other" That is true for a lot of other areas beyond gaming as well.

 

[reksveks]

It wasn't the FTC who had Spencer swear under oath regarding COD, it was Microsoft's own lawyers. FTC tried to press it and that's when the judge shut them down.

Just a quick and probably only one.

During day two of the trial, Judge Jacqueline Scott Corley pointedly reminded Spencer that he was under oath and asked him if Microsoft would indeed continue to ship Call of Duty to PlayStation.

"I would raise my hand. I will do whatever it takes," he said in court. "We have no plan. I'm making a commitment standing here that we will not pull Call of Duty - it is my testimony - from PlayStation."

Source: https://www.ign.com/articles/xbox-b...-it-takes-to-keep-call-of-duty-on-playstation

My understanding is that the Judge not MS lawyers asked him but I wasn't listening to it at the time so might be missing the context.

 

[Varteras]

Ah yes. Paul "Sony Can't Afford To Buy Bungie" Tassi. I'll never forget the amount of egg on that man's face after that.

Come on, man. splattered is a good guy. We ain't gotta go down that road, do we?



Except for the parts he got wrong

Ignore that dude. Look at his dumb avatar for fucks sake. Boy is a clown

He is the enemy of mankind and must be punished.

 

[Topher]

Just a quick and probably only one.


Source: https://www.ign.com/articles/xbox-b...-it-takes-to-keep-call-of-duty-on-playstation

My understanding is that the Judge not MS lawyers asked him but I wasn't listening to it at the time so might be missing the context.

Ok. So it was the judge. I got that wrong too then. Hard to keep track with whose voice is whose, I guess.

 

[Mozza]

They went a different direction when they realized they lost it as the multiplatform party box to Xbox and Playstation.

Pretty much the same thing, they were never going to make enough in the core space.

 

[DForce]

Just read that Forbes article. Good overall description of what happened in court.

The article just parrots what you hear from a lot of Pro Xbox journalists on twitter.

Example 1

• The FTC has been hyper focused on the concept of Microsoft exclusives through deals like this, both in terms of the games themselves and also content within those games. Essentially no attention has been paid to Sony's grand list of exclusives they are of course, not offering to Microsoft.

How can a journalist write this stuff?

This is the typical "Sony does it too" when that's completely irrelevant.

The FTC is showing MS making games exclusive post acquisition, which is directly tied to their "verbal commitment" to Call of Duty. So they're in no way comparable.




Same thing Benji pointed out and both people are completely ignorant of what's going on.

 

[Topher]

Ignore that dude. Look at his dumb avatar for fucks sake. Boy is a clown

Nah....he's alright too. I'm just digging that the regulars here have gotten along pretty well for the most part and hate to see shit go sideways is all.

 

[Calverz]

Nah....he's alright too. I'm just digging that the regulars here have gotten along pretty well for the most part and hate to see shit go sideways is all.

Sorry I'm half cut. I actually didn't mean him. I meant the guy you were replying to. With the Greenberg crash avatar lol

 

[Calverz]

The article just parrots what you hear from a lot of Pro Xbox journalists on twitter.

Example 1


How can a journalist write this stuff?

This is the typical "Sony does it too" when that's completely irrelevant.

The FTC is showing MS making games exclusive post acquisition, which is directly tied to their "verbal commitment" to Call of Duty. So they're in no way comparable.




Same thing Benji pointed out and both people are completely ignorant of what's going on.

Yea the PlayStation exclusivity stuff is irrelevant in the court case. I would agree with that. But overall, ms seem to be winning this case from what I could tell listening. I'm not a lawyer though and obviosuly can't rely on sound only. Shame we can't see the video to see judge reactions to stuff.

 

[Topher]

Sorry I'm half cut. I actually didn't mean him. I meant the guy you were replying to. With the Greenberg crash avatar lol

Yeah, I knew who you meant.

 

[splattered]

Thanks for bringing the receipt. Now he won't admit it, what a liar, lol. Typical xfan for you.

Dude... Relax. "xfan" ? And calling me a liar? Like I said, you're taking all this just a little too serious.

 

[Varteras]

The article just parrots what you hear from a lot of Pro Xbox journalists on twitter.

Example 1


How can a journalist write this stuff?

This is the typical "Sony does it too" when that's completely irrelevant.

The FTC is showing MS making games exclusive post acquisition, which is directly tied to their "verbal commitment" to Call of Duty. So they're in no way comparable.




Same thing Benji pointed out and both people are completely ignorant of what's going on.

If a journalist just does the #SonyToo argument, they're not a journalist worth their salt. Because those arguments lack any substance and refuse to look at the counter details.

• Microsoft has played the same game since Day 1 of Xbox.
• Their recent struggles are of their own making.
• Companies like Zenimax actually shopped themselves out for the deals, of which Microsoft was in the running for.
• Sony got two timed deals with them. Which, in hindsight, didn't matter. Neither game was actually a hit.
• Sony has mostly focused their exclusivity deals of existing franchises on Final Fantasy. Which comes as a shock to no one who knows the history of that franchise with PlayStation.
• Microsoft's GamePass strategy is likely harming its ability to make deals in the console space.
• Microsoft is willing to spend upwards of $80 billion to own companies, but seemingly won't pay a fraction of that for exclusivity deals themselves.
• This insistence that Sony somehow bought the industry through exclusivity deals is absurd, when just this year we saw Dead Space, RE4, Hogwart's Legacy, Jedi Survivor, SF 6, and Diablo 4 release for both. Nevermind the multitude of lesser titles. Along with upcoming games like Armored Core 6, Mortal Kombat 1, Assassin's Creed Mirage, Alan Wake 2, and the next Call of Duty. This doesn't even get into the previous years of this generation so far. None of which show any great amount of said deals.

 

[DavJay]

Summary of the battle. FTC is clueless about the industry and Sony is focusing on the exact same practices they are known for.

 

[freefornow]

That means divestment of ABK if they close in spite of the order.

If fantasy plays out (illegal close over CMA) and MS are forced to divest ABK, would MS be able to keep the IP?

 

[Varteras]

If fantasy plays out (illegal close over CMA) and MS are forced to divest ABK, would MS be able to keep the IP?

No. Divestment means they have to get rid of everything that the deal included.

 

[bitbydeath]

They can close the deal without the CMA approval, it's a matter if they want to do this. Pretty sure they will try to get it approved.

They won't though.

 

[ArcaneNLSC]

Insomniac's Spiderman was never contracted to be on Xbox.

Also take in to account that Microsoft was offered Spider-Man first by Marvel but they turned it down

 

[Topher]

They won't though.

Fun fact. I was in a musical with that guy (Glenn Howerton) about 25-ish years ago before he made it big.

 

[Varteras]

Fun fact. I was in a musical with that guy (Glenn Howerton) about 25-ish years ago before he made it big.

Whatever. You probably have a bigger dick anyways. So fuck that guy. Not like, well, you know. No. You know what? Yeah, fuck that guy.

 

[bitbydeath]

Fun fact. I was in a musical with that guy (Glenn Howerton) about 25-ish years ago before he made it big.

 

[Topher]

I'm afraid that's where our paths diverged.......dramatically.

 

[Varteras]

I'm afraid that's where our paths diverged.......dramatically.

You have us. You're more wealthy than he'll ever be.

 

[bitbydeath]

I'm afraid that's where our paths diverged.......dramatically.

You're not dead yet, you can still make it!

 

[Topher]

You're not dead yet, you can still make it!

Oh hell no. You know how hard that shit was? I gave up theater a long time ago. Too damn lazy.

Besides.......I wouldn't have time to hang on GAF.

 

[ArcaneNLSC]

"despite being an Xbox informer"

WTF is an Xbox informer?

this

 

[HoofHearted]

Oh hell no. You know how hard that shit was? I gave up theater a long time ago. Too damn lazy.

Besides.......I wouldn't have time to hang on GAF.

Yep. This is definitely where the party is at ….

 

[ChorizoPicozo]

i have a question....the FTC's lawyer tried a big brain IQ move when asked Phil about spending 70B. but Phil said something weird that is was not cash or money and more like value and assets....Also Phil said something that Xbox is and independent business separeted from MS.

so my question is....who is "paying' for ABK, Xbox or MS?

 

[DeepEnigma]

i have a question....the FTC's lawyer tried a big brain IQ move when asked Phil about spending 70B. but Phil said something weird that is was not cash or money and more like value and assets....Also Phil said something that Xbox is and independent business separeted from MS.

so my question is....who is "paying' for ABK, Xbox or MS?

Lol, MS.

 

[ShadowkillXNA]

I'm already bookmarking ActiBlizz games on the MS shop so I can see a list of what I'll be playing on game pass this time next year.

The FTC trial is going to be a huge win for MS and this deal. They've expertly laid the groundwork the past couple weeks dismantling the FT C's problems with the merger before the trial even begins.

MS pre-trial score: 9/10

Impressive. But not a done deal yet.

You didn't stay at a holiday inn express last night - did you?

 

[The Pleasure]

Yep. This is definitely where the party is at ….

Cut me a slice.

 

[Corrik]

Figured Microsoft would always close the deal, but it might be happening a lot faster than I assumed. Impressive.

 

[Wulfer]

If a journalist just does the #SonyToo argument, they're not a journalist worth their salt. Because those arguments lack any substance and refuse to look at the counter details.

• Microsoft has played the same game since Day 1 of Xbox.
• Their recent struggles are of their own making.
• Companies like Zenimax actually shopped themselves out for the deals, of which Microsoft was in the running for.
• Sony got two timed deals with them. Which, in hindsight, didn't matter. Neither game was actually a hit.
• Sony has mostly focused their exclusivity deals of existing franchises on Final Fantasy. Which comes as a shock to no one who knows the history of that franchise with PlayStation.
• Microsoft's GamePass strategy is likely harming its ability to make deals in the console space.
• Microsoft is willing to spend upwards of $80 billion to own companies, but seemingly won't pay a fraction of that for exclusivity deals themselves.
• This insistence that Sony somehow bought the industry through exclusivity deals is absurd, when just this year we saw Dead Space, RE4, Hogwart's Legacy, Jedi Survivor, SF 6, and Diablo 4 release for both. Nevermind the multitude of lesser titles. Along with upcoming games like Armored Core 6, Mortal Kombat 1, Assassin's Creed Mirage, Alan Wake 2, and the next Call of Duty. This doesn't even get into the previous years of this generation so far. None of which show any great amount of said deals.

Varteras I'm going to say you nailed a lot of good points. However, you failed to nail the obvious points going against the FTC (and or Sony). The simple reasons MS was pushed against the wall to purchase Bethesda and ABK in the first place.

• Sony already knew how to put leverage on MS with Bethesda because Sony was already using the same tactic with ABK. We just learned how ABK kept asking for more and more money just to keep games on Xbox. - Wrong or Right? Yea I'm right!
• "Sony only asked for 2 timed exclusives" from Bethesda. Why did Sony do that, have you asked yourself that question? (Here's the answer) - Sony was trying to cozy up to MS's biggest ally and scoop them away from Xbox. Deathloop and Ghostwire was just the beginning. Sony's real eyes were on Starfield and Bethesda's future games!
• Its easy to see where this was headed. MS loosing ABK and Bethesda and MS takes Xbox out of the game! FTC might not look so, friendly on Sony if they saw the big picture? Which was to get Microsoft and Xbox out of console gaming at all costs.
• Nothing has changed since Xbox entered the race. Sony said from the very beginning the only endgame for them was no MS in gaming period and they're still trying... Need proof of that how about from this very forum going way back to Nov. 2005!

Moore wasnt the only one smarting from the PS2s success. In the late 1990s, Gates was in talks with Kutaragi to include the Windows operating system in the PS2. But Kutaragi had long seen Gates as the most lethal threat to his empire. Bernie Stolar, a former Sony executive, remembers Kutaragi asking him as early as 1994 where he thought the nascent PlayStation consoles main competition would come from. Nintendo, Stolar guessed. Maybe Intel. Kutaragi looked him squarely in the eyes. No, Bernie, you are wrong, he said. It is Microsoft. And I will kill them.

Thanks Mrbob - The interview article is long toasted but, the facts are still preserved!


When dirt is on the other player things aren't so cut and dry. Wonder if the FTC has seen or knew about this interview?

 

[bender]

I'm already bookmarking ActiBlizz games on the MS shop so I can see a list of what I'll be playing on game pass this time next year.

 

[drganon]

I'm already bookmarking ActiBlizz games on the MS shop so I can see a list of what I'll be playing on game pass this time next year.

The FTC trial is going to be a huge win for MS and this deal. They've expertly laid the groundwork the past couple weeks dismantling the FT C's problems with the merger before the trial even begins.

MS pre-trial score: 9/10

Impressive. But not a done deal yet.

 

[ChorizoPicozo]

Lol, Ms.

I'm already bookmarking ActiBlizz games on the MS shop so I can see a list of what I'll be playing on game pass this time next year.

The FTC trial is going to be a huge win for MS and this deal. They've expertly laid the groundwork the past couple weeks dismantling the FT C's problems with the merger before the trial even begins.

MS pre-trial score: 9/10

Impressive. But not a done deal yet.

did you mean:

"Hold the Line"?

what games are looking forward to?

 

[Gameplay Gods Bless]

Who are these analysts?

The journalist at Axios, Richard Hoeg from Hoeg Law, Forbes etc.