But Xbox has been closed to shutting down before. We really dont want a new 2:1 generation in Sony's favor.
Games like Pentiment and Hi-Fi rush sadly doesnt move the needle.
The reason it's apparently already happening isn't Sony's fault.
But Xbox has been closed to shutting down before. We really dont want a new 2:1 generation in Sony's favor.
Games like Pentiment and Hi-Fi rush sadly doesnt move the needle.
Sony gets 7 more days to serve the subpoena from MS, but this time it wasn't completely agreed by Microsoft (the judge granted it).
New, and it sounds like final, deadline is February 10th.
We have more info about what MS is requesting:
- 45 distinct document requests, 13 of which have multiple subparts, for a total of more than 120 separate document requests.
- These requests demand all documents related to nearly all aspects of SIE's business, as well as extensive sets of sales, financial, and personal user data (e.g., user date of birth, user country, user gender, covering what will likely be millions of users).
- Ten of these requests seek materials going back more than 11 years to January 2012.
- Sony estimates that providing the response to MS will cost approximately $2 million or more in fees and expenses and demand weeks of intense work and substantial efforts and involvement of SIE personnel.
- MS is requesting all documents related to performance reviews and evaluations of all Sony gaming leadership or management, all documents relating to SIE's gaming business sent to, received from, or exchanged with other Sony entities, and executed copies of every content licensing agreement SIE has entered into with any third-party publisher over the past 11 years, among others.
- Sony has offered to review and produce responsive, non-privileged Microsoft email, attachments, and Teams chats for seven custodians, collected from 2019 through the present.
- Sony is not happy with the "unrealistically short deadlines and irrelevant requests" from MS.
- In any case, Sony anticipates that this will be its last request for an extension to the motion to quash deadline and that they will either reach final agreement or narrow any impasse by February 10, 2023. Microsoft disagrees with the relief requested in this motion.
More drama :p
Yup, why does MS need Sony's user data including birthdates and such? Completley irrelevant.lol that seems like an excessive ask. I doubt any of that is unearthed, would like to hear the justification for requesting it though.
A motion to compel, then a subsequent motion to suppress. Then the judge will review the documents and determine if they need to be delivered to the requesting party. There's a standard the judge will use to determine their "disclose-ability."
Doesn't seem excessive at all. This is a $70bn acquisition Sony are trying to stop. $2m is nothing. They are claiming all this harm to their business so their whole gaming business needs to be examined in detail to see if that's the case, can't just take their word for it.lol that seems like an excessive ask. I doubt any of that is unearthed, would like to hear the justification for requesting it though.
This is for the FTC so if I'm not mistaken it's all public knowledge. Maybe someone else knows for sureHow much of this stuff ends up being released to the public? I need another Epic vs Apple, where companies are just putting everything out, in my life.
But we have to remember that Sony has made a pretty emphatic claim that can't survive without cod so at minimum they're going to have to provide documentation to back up that claim. It definitely becomes relevant to show post merger effects on competition.I added to the original post one item that I missed:
- Sony has offered to review and produce responsive, non-privileged Microsoft email, attachments, and Teams chats for seven custodians, collected from 2019 through the present.
If this finally goes to court, more than a few.
The judge will decide if the request makes sense and the extent of it.
It will depend on what finally has to be shared.
Sony says that MS should focus on the ultimate issue of this case "whether Microsoft's acquisition of Activision Blizzard, Inc. may lessen competition" and not with "completely irrelevant requests". They don't sound happy.
That seems like one of the easiest ones to defend? Understanding the demographics of consoles can help build an argument like Nintendo has a similar demographic to Sony so why would you exclude Nintendo from the market?Yup, why does MS need Sony's user data including birthdates and such? Completley irrelevant.
Nonetheless, despite Microsoft's unreasonably broad Subpoena and infeasibly short
deadlines, SIE has been diligently working with Microsoft and simply needs seven more days to
complete that process. As a show of good faith, SIE has already begun producing material
responsive to Microsoft's requests even while negotiations are ongoing.
SIE believes that negotiations have been productive and expects that further negotiations
may resolve nearly all issues. Microsoft agreed that it also believes further negotiations are
likely to narrow or eliminate most disputes. Yet Microsoft has offered to extend SIE's time only
to negotiate the scope of the documents requests and has refused to extend SIE's time to
negotiate the scope of custodial collections (i.e., whose documents will be collected and
reviewed for responsiveness), a position that Microsoft only conveyed to SIE after close of
business last night, February 1.
and executed copies of every content licensing agreement SIE has entered into with any third-party publisher over the past 11 years (No. 35), to name just a few.
Ugh that's overstepping a lot no?Sony gets 7 more days to serve the subpoena from MS, but this time it wasn't completely agreed by Microsoft (the judge granted it).
New, and it sounds like final, deadline is February 10th.
We have more info about what MS is requesting:
- 45 distinct document requests, 13 of which have multiple subparts, for a total of more than 120 separate document requests.
- These requests demand all documents related to nearly all aspects of SIE's business, as well as extensive sets of sales, financial, and personal user data (e.g., user date of birth, user country, user gender, covering what will likely be millions of users).
- Ten of these requests seek materials going back more than 11 years to January 2012.
- Sony estimates that providing the response to MS will cost approximately $2 million or more in fees and expenses and demand weeks of intense work and substantial efforts and involvement of SIE personnel.
- MS is requesting all documents related to performance reviews and evaluations of all Sony gaming leadership or management, all documents relating to SIE's gaming business sent to, received from, or exchanged with other Sony entities, and executed copies of every content licensing agreement SIE has entered into with any third-party publisher over the past 11 years, among others.
- Sony has offered to review and produce responsive, non-privileged Microsoft email, attachments, and Teams chats for seven custodians, collected from 2019 through the present.
- Sony is not happy with the "unrealistically short deadlines and irrelevant requests" from MS.
- In any case, Sony anticipates that this will be its last request for an extension to the motion to quash deadline and that they will either reach final agreement or narrow any impasse by February 10, 2023. Microsoft disagrees with the relief requested in this motion.
More drama :p
Understood, probably just a reflex to respond those arguments. I don't think my take is unreasonable either cuz that's the question that the regulators are actually considering - is this acquisition prevents Sony's ability to compete? But fair enough, you were indeed not making those arguments. My bad.Respectfully, you're re-framing the discussion we were having. The post I was responding to was neither about what MS needs to survive, nor was any of my counter argument relating to Sony needing CoD to survive. I was responding to the premise that if the deal was blocked there was no hope of anyone challenging Sony. Someone did say that. I was responding. I don't think anything I said was unreasonable, and I don't really fancy engaging with a reframed version of that designed to make it seem like my comments were unreasonable.
If it is, Sony can ask the judge to exclude those documents. Microsoft's lawyers, as well as anyone in any court case, will ask for as much as they can during discovery.
Age is not irrelevant if you want to start looking at user demographics. It's like that chart of Nintendo user's ages last year. People think they're a "kiddie" company until you look at the actual user age demographics.Yup, why does MS need Sony's user data including birthdates and such? Completley irrelevant.
Sony gets 7 more days to serve the subpoena from MS, but this time it wasn't completely agreed by Microsoft (the judge granted it).
New, and it sounds like final, deadline is February 10th.
We have more info about what MS is requesting:
- 45 distinct document requests, 13 of which have multiple subparts, for a total of more than 120 separate document requests.
- These requests demand all documents related to nearly all aspects of SIE's business, as well as extensive sets of sales, financial, and personal user data (e.g., user date of birth, user country, user gender, covering what will likely be millions of users).
- Ten of these requests seek materials going back more than 11 years to January 2012.
- Sony estimates that providing the response to MS will cost approximately $2 million or more in fees and expenses and demand weeks of intense work and substantial efforts and involvement of SIE personnel.
- MS is requesting all documents related to performance reviews and evaluations of all Sony gaming leadership or management, all documents relating to SIE's gaming business sent to, received from, or exchanged with other Sony entities, and executed copies of every content licensing agreement SIE has entered into with any third-party publisher over the past 11 years, among others.
- Sony has offered to review and produce responsive, non-privileged Microsoft email, attachments, and Teams chats for seven custodians, collected from 2019 through the present.
- Sony is not happy with the "unrealistically short deadlines and irrelevant requests" from MS.
- In any case, Sony anticipates that this will be its last request for an extension to the motion to quash deadline and that they will either reach final agreement or narrow any impasse by February 10, 2023. Microsoft disagrees with the relief requested in this motion.
More drama :p
Investors couldn't give a shit about console market share. That's whatever. They're looking at the division's total revenue growth.Will they? At some point Xbox continuing to lose marketshare while Playstation continues to gain marketshare will have MS investors screaming even more than they already do to get rid of Xbox, and if they get loud enough Satya and the board will have to listen
I just want corporate messaging to sound like a teen who doesn't care for like, a week.I am pro-acquisition of ABK but we are all playing armchair CMA anti-regulator here. We could easily see it get blocked and I don't think one statement gives any indication that it will or will not. Now, if its the middle of next week and they hinting at knowing then maybe
Those MS requests are out of line.
Sony won't provide anything until a judge determines any of those requests are at all relevant.
^ yea. This is one that I actually didn't bat an eye at. Realistically, MS asks for this in raw form knowing that they may end up with aggregated summaries of users instead (which is inherently less useful because Sony gets to kind of choose how they present that data). But knowing demographics is pretty important when you're trying to figure out which portion of Sony's population might actually be affected by any such move. And part of that might be exploring how the demographics of players has changed (broadened) over time. Or at least it COULD be a reasonable argument, which is why MS is trying to get it.That seems like one of the easiest ones to defend? Understanding the demographics of consoles can help build an argument like Nintendo has a similar demographic to Sony so why would you exclude Nintendo from the market?
Based on revenue alone they're bigger than Windows but Windows is likely far more profitable, we can't really know because Microsoft doesn't report profit numbers. It's probably not that crazy to think that Xbox is not very profitable right now based on how many studios they're onboarding, games they're signing onto Game Pass, consoles they're selling for a loss, etc. I don't believe that Microsoft might cut off Xbox anytime soon, especially with Satya at the helm, but just looking at "sizes" (based on revenue) doesn't give you the full picture.Did I just time travel 2017, are people really claiming Microsoft will cut off the Xbox brand. Xbox has rapidly grown over the past few years. I believe it's even bigger than the windows. Yes, Microsoft could cut off the Xbox tomorrow but it's going to hurt.
ms like one of the easiest ones to defend? Understanding the demographics of consoles can help build an argument like Nintendo has a similar demographic to Sony so why would you exclude Nintendo fr
Age is not irrelevant if you want to start looking at user demographics. It's like that chart of Nintendo user's ages last year. People think they're a "kiddie" company until you look at the actual user age demographics.
While the request is done in the US, some of that information is for users residing outside the US, some of them living in countries where that information is protected and can't be shared. Unless they're only asking for US users.^ yea. This is one that I actually didn't bat an eye at. Realistically, MS asks for this in raw form knowing that they may end up with aggregated summaries of users instead (which is inherently less useful because Sony gets to kind of choose how they present that data). But knowing demographics is pretty important when you're trying to figure out which portion of Sony's population might actually be affected by any such move. And part of that might be exploring how the demographics of players has changed (broadened) over time. Or at least it COULD be a reasonable argument, which is why MS is trying to get it.
Same with some of these other asks. They make sense if you go "ok what is the compromise version of this request?'
That's Sony's job to figure out. Either way, information that is protected and can't be shared is likely related to sharing with third party companies, a government subpoena isn't really the same thing.While the request is done in the US, some of that information is for users residing outside the US, some of them living in countries where that information is protected and can't be shared. Unless they're only asking for US users.
Doesn't seem excessive at all. This is a $70bn acquisition Sony are trying to stop. $2m is nothing. They are claiming all this harm to their business so their whole gaming business needs to be examined in detail to see if that's the case, can't just take their word for it.
I thought it was MS doing the request, not the FTC?That's Sony's job to figure out. Either way, information that is protected and can't be shared is likely related to sharing with third party companies, a government subpoena isn't really the same thing.
Yeah, definitely understandable now. Like, there's no way they could have complied knowing the breadth of the subpoenas.Can definitely understand why Sony was pushing the date on that subpoena.
MS are NOT leaving this process empty-handed😂
Think about the arguments that will ultimately be made down the line and the required evidence. User data to give better competitive comparison on demographics and location.. Contracts for third party to no doubt argue the main complainant is participating in anti-competitive activity, taking advantage of their market leader position etc. No idea about executive performance reviews etc.Why do they need personal user data or performance reviews for executives, and contracts for every deal they've ever made with a third party? I assume a judge has to rule on whether this is relevant, and without knowing their justification It sounds extremely excessive, especially when they asked for this originally they gave them only a handful of days to retrieve the information.
Corporations don't have the power to subpoena. It is Microsoft requesting the documents but it's under the government's subpoena power, which anyone is given the ability to do during the discovery process in any lawsuit.
Age demographics. Executive bonuses based on performance/financial targets. Some of that stuff might get shut down by a judge, but Microsoft is asking for that information for whatever analysis or investigatory path they want to pursue. It's not unheard of. Remember Epic vs Apple? Sony wasn't even named in that one, but they got dragged in and we got all kinds of details for things we didn't really need, but were happy to get (i.e. cross-play tax).Not at all? Why do they need personal user data or performance reviews for executives, and contracts for every deal they've ever made with a third party? I assume a judge has to rule on whether this is relevant, and without knowing their justification It sounds extremely excessive, especially when they asked for this originally they gave them only a handful of days to retrieve the information.
If they can spend 70 billion dollars on Activision, they sure as hell can spend that amount on their own 1st party.I can just see the MS response now for when the deal gets blocked.
"We are very disappointed that we were not able to complete our acquisition of ABK and we are re-evaluating our position in the industry"
And then the doom posts come with people saying Xbox is going to get shut down, then MS has to say Xbox isn'y going anywhere, then we get more layoff this time hitting Xbox a lot harder.
God I just hope it goes through or it's going to be a painful year.
Exactly.I was involved in a major discovery process like this for a big financial firm I worked for once.
We were redacting documents in Adobe for weeks. I still have nightmares about those PDF files I was combining and sending.
I believe Sony has had a while for this and they've gotten the deadline extended a few times. This is just likely the final deadline they'll get.Exactly.
It would take more than a few days for everything MS is asking for to see if anything needs to be redacted.
Performance reviews and evaluations is....something.
It seems overly broad.
I assume that user data can be compared against Activision's user data? Discrepancies can be leveraged.Why do they need personal user data or performance reviews for executives, and contracts for every deal they've ever made with a third party? I assume a judge has to rule on whether this is relevant, and without knowing their justification It sounds extremely excessive, especially when they asked for this originally they gave them only a handful of days to retrieve the information.
I definitely think it is overly broad but I guess I don't know the reasoning for some of this stuff. I definitely get the DOBs, genders, regions, etcs. Those demos of their customers makes sense.Exactly.
It would take more than a few days for everything MS is asking for to see if anything needs to be redacted.
Performance reviews and evaluations is....something.
It seems overly broad.
It's really not that hard to figure out though. Nowadays basically anything that's announced as "console exclusive" is a moneyhat. I guess it'd be interesting to see the nature of their deals with Marvel, but other than that I think it's already pretty cut and dry...
Sony gets 7 more days to serve the subpoena from MS, but this time it wasn't completely agreed by Microsoft (the judge granted it).
New, and it sounds like final, deadline is February 10th.
We have more info about what MS is requesting:
- 45 distinct document requests, 13 of which have multiple subparts, for a total of more than 120 separate document requests.
- These requests demand all documents related to nearly all aspects of SIE's business, as well as extensive sets of sales, financial, and personal user data (e.g., user date of birth, user country, user gender, covering what will likely be millions of users).
- Ten of these requests seek materials going back more than 11 years to January 2012.
- Sony estimates that providing the response to MS will cost approximately $2 million or more in fees and expenses and demand weeks of intense work and substantial efforts and involvement of SIE personnel.
- MS is requesting all documents related to performance reviews and evaluations of all Sony gaming leadership or management, all documents relating to SIE's gaming business sent to, received from, or exchanged with other Sony entities, and executed copies of every content licensing agreement SIE has entered into with any third-party publisher over the past 11 years, among others.
- Sony has offered to review and produce responsive, non-privileged Microsoft email, attachments, and Teams chats for seven custodians, collected from 2019 through the present.
- Sony is not happy with the "unrealistically short deadlines and irrelevant requests" from MS.
- In any case, Sony anticipates that this will be its last request for an extension to the motion to quash deadline and that they will either reach final agreement or narrow any impasse by February 10, 2023. Microsoft disagrees with the relief requested in this motion.
More drama :p
Yup, why does MS need Sony's user data including birthdates and such? Completley irrelevant.
As much as I've been against this deal, neither me nor anyone else want MS to shut anything down - That would be catastrophic for the industry.
Would it really be catastrophic? Industry seemed to be doing fine before Xbox and all the studios would find new buyers easily.
Yeah monopolies are well known for benefitting consumersWould it really be catastrophic? Industry seemed to be doing fine before Xbox and all the studios would find new buyers easily.
Sony needs a direct competitor to push them to innovate rather than iterate alone. Also to keep them in check. Given the extremely high barrier to entry, Microsoft exiting the hardware business is a net negative for the industry. Unless the sell Xbox no one is going to fill the void.Would it really be catastrophic? Industry seemed to be doing fine before Xbox and all the studios would find new buyers easily.
Would it really be catastrophic? Industry seemed to be doing fine before Xbox and all the studios would find new buyers easily.
Regardless of what the CMA does or says, this is a court issue in the US. They have to comply if the court says so. So even if the CMA says no and basically kills the deal, Microsoft can still drag Sony through the mud if they wanted to.
There were more players in the pool before Xbox came. All of them have dropped out of the console game.
It would be, because it would leave Sony with no real competitors. Their only competition would be PC and Nintendo, and both largely appeal to different audiences. Sony basically wouldn't have any competition fighting for the same audience as them.Would it really be catastrophic? Industry seemed to be doing fine before Xbox and all the studios would find new buyers easily.
Sony: "I don't think a 30% cut is fair to us. Give us 40%. You disagree? Where else are you gonna go. Lol"Would it really be catastrophic? Industry seemed to be doing fine before Xbox and all the studios would find new buyers easily.
No clue, but if Sony torpedoed my big deal, I don't know why I would make their life any easier.
I mean. Seems like an easy solve when MS also wants geographic information of the users. Exclude the ones that are protected. Or limit it to the US. MS is gonna make the request broad regardless and let it shake out where it will.While the request is done in the US, some of that information is for users residing outside the US, some of them living in countries where that information is protected and can't be shared. Unless they're only asking for US users.
Think about the arguments that will ultimately be made down the line and the required evidence. User data to give better competitive comparison on demographics and location.. Contracts for third party to no doubt argue the main complainant is participating in anti-competitive activity, taking advantage of their market leader position etc. No idea about executive performance reviews etc.
Yep, that's exactly what I was thinking. No Sony executive ever got a pay bonus based on COD's performance that year. But again, remember that MS is asking for the over broad version of all of these by design. That way they can negotiate down to a compromise. You know, exactly the same thing they've been doing with regulators in their concessions - and not dissimilar to what people here have been saying Sony has been doing with MS (extracting concessions).
Maybe. The FTC doesn't plan to stop here. Winning against the FTC could be an important message that sets up their future moves too. There are non-petty reasons to consider this path (though I don't know that it's likely).
Would Microsoft be that petty though?
Uh, there was Sega and that's it.
Isn't their ultimate goal with gamepass and xcloud to leave the dedicated hardware business? If gamepass and xcloud take off you don't need an Xbox to play anything. You just need a smart tv or a small dongle or your phone. I could see them dropping the high end Xbox in the future regardless of all this.Sony needs a direct competitor to push them to innovate rather than iterate alone. Also to keep them in check. Given the extremely high barrier to entry, Microsoft exiting the hardware business is a net negative for the industry. Unless the sell Xbox no one is going to fill the void.