This stuff is incredible to me lmao. Microsoft is offering to continuing COD on PlayStation and expand it to other platforms, like they did with Minecraft, as well as adding it to subscription services to make it cheaper for consumers and have an objective third party arbitrator and the counter argument is "they might add bugs."
Microsoft's proposed content licensing remedy
3.3 To resolve the Console Gaming SLC, Microsoft will commit to continue licensing CoD to Sony – including all existing and future releases on the Xbox console – for a period of 10 years. The key elements of the proposed licensing remedy are set out below:
Strictly Confidential Contains Business Secrets
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(a) Scope: The remedy will apply to CoD titles for consoles and associated content ("CoD Games"). CoD Games includes all past and current CoD titles available on PlayStation. In addition, all future CoD titles available on the Xbox console will also be available on PlayStation. CoD Games account for more than []% of Activision's publishing revenue on console.62
(b) Term: The remedy will apply for a period of 10 years.
(c) Console platforms: The remedy will apply to all Sony consoles (including
PlayStation 4, PlayStation 4 Pro and PlayStation 5) and any successor consoles.
(d) Parity: The remedy will provide Sony with parity on release date, content, features, upgrades, quality and playability with the Xbox platform. Microsoft is prepared to commit to have an Objective Third Party Assessor []. The Objective Third Party Assessor [].
(e) Economic terms: All purchases will be subject to a revenue sharing arrangement, with Sony retaining []% of the revenue from sales of CoD Games, and content related to any CoD Games. [], []. Taking account of all payments from Sony to Activision, Sony currently receives a []of []%. As such, the proposed remedy represents a [] in Sony's economic terms.
Wholesale pricing parity: The remedy will provide that the wholesale price of CoD Games offered to Sony ("Wholesale Price") is [] for the equivalent version of the game on the Xbox platform.
(g) Subscription and streaming rights: Any CoD Game in a Microsoft multi- game subscription is eligible for inclusion in Sony's multi-game subscription service, at the same time and for the same duration. []. [].
(h) Terms: [].63
3.4 Microsoft's remedy will include the following mechanisms for monitoring compliance
and dispute resolution:
(a) Monitoring Trustee: A monitoring trustee will be appointed to monitor Microsoft's compliance with the remedy and to report to the CMA on a periodic basis. The identity of the monitoring trustee will be agreed with the CMA. The monitoring trustee will be remunerated by Microsoft.
(b) Objective Third Party Assessor: An Objective Third Party Assessor will be appointed to []. The identity of the Objective Third Party Assessor will be agreed with the CMA. Microsoft is considering potential candidates and can propose a shortlist to the CMA in due course. The Objective Third Party Assessor will be [].
(c) Fast-track Dispute Resolution Mechanism: Microsoft and Sony would be required to seek to resolve any dispute through cooperation and consultation within a reasonable period of time. If []. The arbitrator will be required to take into account that the purpose of the remedy is to allay concerns relating to the Merger. The CMA will be entitled to participate in all stages of the procedure. In the event of disagreement between the parties regarding the interpretation of the remedies, the arbitrator may seek the CMA's interpretation of the commitments and will be bound by the interpretation.
Absolutely delusional from Sony here.Sony said:Microsoft might release a PlayStation version of Call of Duty where bugs and errors emerge only on the game's final level or after later updates. Even if such degradations could be swiftly detected, any remedy would likely come too late, by which time the gaming community would have lost confidence in PlayStation as a go-to venue to play Call of Duty. Indeed, as Modern Warfare II attests, Call of Duty is most often purchased in just the first few weeks of release. If it became known that the game's performance on PlayStation was worse than on Xbox, Call of Duty gamers could decide to switch to Xbox, for fear of playing their favourite game at a second-class or less competitive venue.
The CMA published the responses from the parties to the suggested remedies:
- Response from Sony (13 pages)
- Response from MS (33 pages)
this kinda cemented the merger in favor of MS for me really. Like are Sony just playing on the ignorance of the CMA? Yes let's sell people a product then make it bad at the end as a secret. It'll be a great prank and totally not turn people off our game that sells butt loads on PS.
very embarrassing.... 🤣That's fucking embarrassing from Sony lol what the actual fuck!?
exactly, they are lawyers, swing for the fences and hope some of the shit sticks.Just to remind people sony will say anything to stop this deal. And they will pray on the CMA not having a full grasp on the intricacies of game development to seed worry/dought that MS will pull a quick one on them.
That's what I would do anyway lol
They mention instances from 2004 and 2009, then include Bethesda as a 'not technically an agreed on thing, but goes against their messaging beforehand' aside at the end."Microsoft's past conduct of violating behavioural commitments and promises to the public further shows that its representations must be treated with caution"
From Sony's response. Is that about Bethesda?
"Microsoft's past conduct of violating behavioural commitments and promises to the public further shows that its representations must be treated with caution"
From Sony's response. Is that about Bethesda?
The best part for me is:While not a violation of a behavioural commitment, Microsoft's conduct in relation to the ZeniMax acquisition provides additional evidence of why a behavioural commitment should be approached with caution When Microsoft proposed acquiring ZeniMax, it told the EC that "it would not have the incentive to cease or limit making ZeniMax games available for purchase on rival consoles."29 Microsoft also publicly stated to investors that "we highly encourage cross-platform play [because] if it's good for the gaming ecosystem, it's good for us…[w]e don't have intentions of just pulling all of Bethesda content out of [competitor platforms]."30 But soon after the acquisition closed, Xbox's head Phil Spencer revealed that, all along, the deal was about "delivering great exclusive games" for Xbox.31 Mr. Spencer later confirmed that the upcoming releases of two of Bethesda's most popular titles, Starfield and Elder Scrolls, would be Xbox exclusives.32 In response to the news, Pete Hines, Bethesda's marketing boss, said "Sorry, all I can really say is, 'I apologize,' because I'm certain that's frustrating to folks, but there's not a whole lot I can do about it."33
The CMA never considered MS' remedies in their PF.so the remedy from MS is basically the same thing they offered before CMA responded
Sony what's wrong with you?For example, Microsoft might release a PlayStation version of Call of Duty where bugs and errors emerge only on the game's final level or after later updates.
This stuff is incredible to me lmao. Microsoft is offering to continuing COD on PlayStation and expand it to other platforms, like they did with Minecraft, as well as adding it to subscription services to make it cheaper for consumers and have an objective third party arbitrator and the counter argument is "they might add bugs."
I means it's cod? How many people do you think play minecraft.Holy shit 41% of Sony's total user base played COD for at least more then 2 hours? That is an insane number of people
It's funny because they contradict themselves. They admit that Call of Duty is a game often purchased in first few weeks of release but then suggest that Microsoft could severely hurt the PlayStation versions in "later updates."
Indeed, as Modern Warfare II attests, Call of Duty is most often purchased in just the first few weeks of release.
https://assets.publishing.service.g...on_Remedies_Notice__Revised_NCV__redacted.pdf
Third, swiftly detecting any diversions from, and ensuring compliance with, a commitment as to technical or graphical quality would be challenging. For example, Microsoft might release a PlayStation version of Call of Duty where bugs and errors emerge only on the game's final level or after later updates.
I was just thrown off a bit. I knew COD was important but I didn't realize how much. I can see why they are fighting it so heavily now.I means it's cod? How many people do you think play minecraft.
Gold!
Lmfao. Funniest argument to come out of this so far.What discord server fan theory did the lawyers extract this from?
I don't understand, if it's not a behavioural commitment, why does it matter if they said one thing and did another? I know the intuitive reason, "they aren't to be trusted" but if that was a behavioural commitment they wouldn't have went back on their word either.The best part for me is:
The CMA never considered MS' remedies in their PF.
For example, Microsoft might release a PlayStation version of Call of Duty where bugs and errors emerge only on the game's final level or after later updates.
Sadly yeah I bet you'll see them soon enough.
It's also twisting words. Microsoft was obviously talking about that they won't remove existing ZeniMax games from rival stores, they never committed to not making games exclusive. Even the EC pushed back against this when the FTC said it.I don't understand, if it's not a behavioural commitment, why does it matter if they said one thing and did another? I know the intuitive reason, "they aren't to be trusted" but if that was a behavioural commitment they wouldn't have went back on their word either.
Where are you seeing that? That seems disproportionately higher than all other metrics mentioned so farHoly shit 41% of Sony's total user base played COD for at least more then 2 hours? That is an insane number of people
I think Sony is suggesting that if it's not in the behavioral commitment then it is a free for all. That is in the section talking about how difficult it will be to enforce the key parts of the behavioral remedies. So more pointing out that MS can talk the talk but won't necessarily walk it if they find a loophole in the agreement they will exploit it. Mostly trying to show that they don't really have an issue saying one thing and then behaving differently after the fact.I don't understand, if it's not a behavioural commitment, why does it matter if they said one thing and did another? I know the intuitive reason, "they aren't to be trusted" but if that was a behavioural commitment they wouldn't have went back on their word either.
Sony's reply on the bottom of page 9. It goes with the part about how much licensing COD for PS+ would cost and them and how it would be way to expensive for them to run the service at it's current cost.Where are you seeing that? That seems disproportionately higher than all other metrics mentioned so far
Already here
I am not, most gamers don't switch consoles if the version that they paid for buggy or is having problems, they just stop playing and assume the game is bad. Microsoft would ultimately damage the brand if they did this.
Sabotage 😂
Maybe a quick blink and you will miss it blue screen, ghost of bill gates before it freezes.
To resolve the Cloud Gaming SLC, Microsoft will commit to license Activision games, including CoD and WoW, [] to cloud gaming providers with a B2P or BYOG offering for a period of 10 years.
A summary of the key elements of the proposed licensing remedy is provided below:
(a) Scope: The remedy will apply to the Activision titles for PC and associated content listed in the Appendix below, including all past, current and future releases of such titles available on PC (the "PC Games").
(b) Term: The remedy will apply for a period of 10 years.
(c) Consumer License: Microsoft will unilaterally grant a license to any consumer who has purchased or obtained a free license to play a PC Game from an authorized third-party PC digital storefront ("Eligible Game") to stream the game using a generally-recognised PC consumer cloud gaming provider to a device they own (the "Consumer License"). Microsoft will grant the Consumer License by publishing it on Microsoft's website. The Consumer License will be granted for the Term.
(d) Eligible Provider License: Microsoft will grant a license to stream Eligible Games to PC cloud gaming providers with a B2P or BYOG business model (the "Eligible Provider License"). To qualify as an eligible provider, a PC cloud gaming provider must be a generally-recognised consumer PC cloud gaming provider that meets the following criteria ("Eligible Provider"): (i) [];76 and (ii) it must comply with applicable data protection legislation and commonly used security standards aimed at protecting gamers and games to ensure necessary and sufficient protection of all consumers accounts used to stream Eligible Games.
(e) Pricing: The Consumer License and the Eligible Provider License will be [].
(f) Release date parity: The remedy will provide Eligible Providers release date parity with buy-to-play on PC. The Licenses will be granted for Eligible Games [].
(g) Authorized PC Digital Storefront. An Authorized PC Digital Storefront is any third-party PC digital storefront to which Microsoft decides to distribute Eligible Games post-Transaction. Microsoft commits to distribute Eligible Games post-Transaction to at least one third-party PC digital storefront for the Term.
(h) Licenses will be subject to the following limitations with regard to Eligible
Games:
• The Provider will be responsible to adjust its service, to the extent necessary, to allow for consumers to stream Eligible Games. Microsoft does not expect that any technical adaptations will be needed to be made to Eligible Games to enable streaming on the Providers' service.
• It will be the Provider's sole responsibility to secure potential third-party IP rights necessary to stream Eligible Games (e.g., music, voice talent). This is in line with market practice, as cloud game streaming providers currently need to separately obtain a license for third-party IP rights to stream games. [].
4.6 Microsoft's remedy will include the following mechanisms for monitoring compliance and dispute resolution:
(a) Monitoring Trustee: A monitoring trustee will be appointed to monitor Microsoft's compliance with the remedy and to report to the CMA on a periodic basis. The identity of the monitoring trustee will be agreed with the CMA. The monitoring trustee will be remunerated by Microsoft.
(b) Dispute Resolution Mechanism: A fast-track dispute resolution to an independent adjudicator. The identity of the adjudicator will be agreed with the CMA. The adjudicator will be remunerated by Microsoft.
Third, swiftly detecting any diversions from, and ensuring compliance with, a commitment as to technical or graphical quality would be challenging. For example, Microsoft might release a PlayStation version of Call of Duty where bugs and errors emerge only on the game's final level or after later updates.
Lol hilarious spin on the Bethesda purchase. Sony need to hire better lawyers who used to work for MS.