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Mxlegend99

Member
May 20, 2018
559
Nice to see some common sense.

Doesn't make any sense for Microsoft to remove the game from 70% of the user base.

They would just be destroying the value and power of the COD brand and throwing away hundreds of millions of dollars. To have an estimated 3% of PlayStation users buy an Xbox instead?

The best of both worlds approach is to try and grow Xbox by having it free on game pass for the few willing to switch or add an Xbox alongside their PS5.

While also making hundreds of millions of dollars from the players who would just replace it with another game.
 

Fabtacular

Member
Jul 11, 2019
4,244
That would really look like a nightmare scenario for Sony. Jim should have to resign immediately in that case.
I'm not sure it matters one way or the other.

MS would be stupid to remove COD from PS, as they'd risk destroying the franchise (as masses of gamers move on to the New Default Competitive Multiplayer FPS) which would be a catastrophic waste of $40m. Better to just (1) run obnoxious "Microsoft Games Studios Presents" prerolls in front of every COD advertisement and boot-up screen, and (2) let the gaming public assume that the game will be best on Xbox platforms and speculate as to how long it will last on Playstation such that for any serious diehards they'll move over anyways.

And the above situation will happen whether or not Xbox is forced to sign a deal with Playstation. (Although obviously more immediate concern about the future of COD on Playstation if there's no 10-year contract.) So in the end, I don't see a huge difference whether the 10-year deal is signed or not.
 

Biggzy

Member
Oct 27, 2017
2,929
If you needed more evidence that the FTC's case is incredibly weak and there is a reasonable chance Microsoft would just decide to close the deal if other regulatory bodies give the green light.
 

g-m1n1

Member
Oct 27, 2017
2,408
Luxembourg
Nice to see some common sense.

Doesn't make any sense for Microsoft to remove the game from 70% of the user base.

They would just be destroying the value and power of the COD brand and throwing away hundreds of millions of dollars. To have an estimated 3% of PlayStation users buy an Xbox instead?

The best of both worlds approach is to try and grow Xbox by having it free on game pass for the few willing to switch or add an Xbox alongside their PS5.

While also making hundreds of millions of dollars from the players who would just replace it with another game.
If CoD is free on XGP and 80€ on PS, more than 3% will do the switch.

Who gave that 3% number? A study ordered by MS?


Hope this deal het through and we are finally done with this.
 

Trup1aya

Literally a train safety expert
Member
Oct 25, 2017
21,356
Sony might come to regret not signing a contract that explicitly mentions parity in the deal. I'm sure MS will continue to release COD on PS for a while, but not having it on paper doesn't seem ideal for Jimmy boy

Sony knows it makes no sense for Microsoft to remove COD from playstation. Like Steam, Sony doesn't need to sign a contract, because MS is going to do what makes the most sense financially.

So Jimmy is really in a Win-Win situation. Either the deal gets blocked and MS doesn't get the benefit of owning ABK. Or the deal gets passed w/ remedies, and PS maintains access to COD.

If CoD is free on XGP and 80€ on PS, more than 3% will do the switch.

Who gave that 3% number? A study ordered by MS?


Hope this deal het through and we are finally done with this.

There's a lot of cost associated with switching, giving up your ties to the PlayStation ecosystem, your access to playstation exclusives, and buying a new console. Also, While Gamepass would provide access to more games- it's not cheaper than simply buying COD if that's all you're interested in.

The 3% switching rate is from the CMAs own research. CADE and MS' research came to a similar conclusion.
 
Last edited:
Sep 13, 2022
6,568
Sony knows it makes no sense for Microsoft to remove COD from playstation. Like Steam, Sony doesn't need to sign a contract, because MS is going to do what makes the most sense financially.

So Jimmy is really in a Win-Win situation. Either the deal gets blocked and MS doesn't get the benefit of owning ABK. Or the deal gets passed w/ remedies, and PS maintains access to COD.



There's a lot of cost associated with switching, giving up your ties to the PlayStation ecosystem, your access to playstation exclusives, and buying a new console. Also, While Gamepass would provide access to more games- it's not cheaper than simply buying COD if that's all you're interested in.

The 3% switching rate is from the CMAs own research. CADE and MS' research came to a similar conclusion.
How many people are switching and how many people will just have both consoles?
 

Megabreath

Member
Oct 25, 2018
2,663
If CoD is free on XGP and 80€ on PS, more than 3% will do the switch.

Who gave that 3% number? A study ordered by MS?


Hope this deal het through and we are finally done with this.

I would guess the majority of gamers who play COD have absolutely no interest in what else Gamepass is offering, so it is still cheaper to buy the game rather than pay a subscription for a lot of people. I think anyone expecting GPU subs to explode once the deal is completed will be disappointed.
 

craven68

Member
Jun 20, 2018
4,550
I would guess the majority of gamers who play COD have absolutely no interest in what else Gamepass is offering, so it is still cheaper to buy the game rather than pay a subscription for a lot of people. I think anyone expecting GPU subs to explode once the deal is completed will be disappointed.
This is it...i have a friend ( and some that played on pc and ps5 and have similar thought), who own both, he sold the serie x because, he just want to play sony games and doesn't care about gamepass even if he thought it was a good service. He played a little of call of duty, but he will buy it, he doesn't care if it's not on a service.

They are all like this, even the one that played on pc, they played some pc gamepass, but mainly playing on ps5 for sony games. ( and because they love really sony).

I m in the same situation too, i play on serie x, pc and ps5 ( and deck). Sony games or ps + games on ps5 ( or the cheapest sale), xbox serie x for quick resume/gamepass games, pc for ray tracing games/dlss games compatible.

Even if the gamepass is still going to be good, i m still going to buy a playstation console for sony ip, and everyone that i know will do the same ( and call of duty will not change their mind, if the game is still on the console, this is good, but if it's not, they are not going to change brand for this).
 
Sep 13, 2022
6,568
I would guess the majority of gamers who play COD have absolutely no interest in what else Gamepass is offering, so it is still cheaper to buy the game rather than pay a subscription for a lot of people. I think anyone expecting GPU subs to explode once the deal is completed will be disappointed.
I primarily play COD and gamepass has a lot of games. Do I play all of them? No, but there is always a bunch of "oh I heard about that but didn't want to drop money on it, I'll download it" going on.

It's pretty genius
 

rscardinals

Member
Feb 17, 2023
386
If CoD is free on XGP and 80€ on PS, more than 3% will do the switch.

Who gave that 3% number? A study ordered by MS?


Hope this deal het through and we are finally done with this.
Here is the napkin math on 3% using non-MS data
https://assets.publishing.service.g...nline_survey_research_report_DJS_Research.pdf
(pg. 19) - full foreclosure
15% of COD gamers would have bought another platform
61% of those would have bought an Xbox
So the CMA's high estimate is 9.15% of COD gamers would have bought an Xbox instead of a PS had COD not been available on PS at all.

Then on pg. 21 - partial foreclosure
12% of COD would have bought another platform
64% of those would have bought an Xbox
So the CMAs low estimate is 7.68% of COD gamers would have bought an Xbox instead of a PS had COD had exclusive content on Xbox but the base game was released on PS as well.

So Microsoft's broader survey saying only 3% of all of PS gamers would have bought an Xbox instead.
That feels like that fits:
Sony has 112 million MAUs (Q3 FY22 financial report)
41 million Warzone players on PS4|5 according to Dexerto
3.1 million MAUs played COD WW2 (2020) on PS4 according to Statista.com
So that makes 39.4% of PS gamers are COD gamers

9.15% x 39.4% = 3.6%
7.68% x 39.4% = 3.0%

OK! Thank you! I just couldn't figure out people just taking Microsoft's 3% as fact. But it looks like the CMA used a higher number without considering that not all PS gamers are COD players.
 

Sweep14

Member
Oct 27, 2017
296
Hey guys, did someone thought of this crazy scenario in which Sony decides what I would consider a major clusterfuck : They reject COD on PlayStation as soon as this year or at the end of the marketing deal next year and offer a good alternative shooter from their own.

If this madness occurs, what would the implications be for Xbox in term of revenue, at short term and mid term ?
 

Yerffej

Prophet of Regret
Member
Oct 25, 2017
23,533
Hey guys, did someone thought of this crazy scenario in which Sony decides what I would consider a major clusterfuck : They reject COD on PlayStation as soon as this year or at the end of the marketing deal next year and offer a good alternative shooter from their own.

If this madness occurs, what would the implications be for Xbox in term of revenue, at short term and mid term ?
That wouldn't happen, no matter how high their confidence was in their own offering. It just wouldn't.
 

Terbinator

Member
Oct 29, 2017
10,246
Hey guys, did someone thought of this crazy scenario in which Sony decides what I would consider a major clusterfuck : They reject COD on PlayStation as soon as this year or at the end of the marketing deal next year and offer a good alternative shooter from their own.

If this madness occurs, what would the implications be for Xbox in term of revenue, at short term and mid term ?
There's no reason for them to reject CoD on their platform though?

And if it was as easy as firing up a comparable FPS, they would. And noticeably they haven't offered anything in this space since KZ4 - I think?
 

Reckheim

Avenger
Oct 25, 2017
9,376
There's no reason for them to reject CoD on their platform though?

And if it was as easy as firing up a comparable FPS, they would. And noticeably they haven't offered anything in this space since KZ4 - I think?

Even if they had an extremely successful FPS in hand. COD releases a new game basically every year; its impossible to compete with something like that.
 

T0kenAussie

Member
Jan 15, 2020
5,098
Hey guys, did someone thought of this crazy scenario in which Sony decides what I would consider a major clusterfuck : They reject COD on PlayStation as soon as this year or at the end of the marketing deal next year and offer a good alternative shooter from their own.

If this madness occurs, what would the implications be for Xbox in term of revenue, at short term and mid term ?
Any board member who purposely rejects garaunteed COD money for an unknown quantity out of I guess pride or spite would be promptly removed/ fired and replaced

Sony needs cod just as much as cod needs Sony
 

T0kenAussie

Member
Jan 15, 2020
5,098
Cloud gaming remedy
In response to the Panel's questions, Microsoft has significantly expanded access to the Eligible Games. The proposed remedy is now a royalty-free worldwide license which is generally available to consumers and cloud gaming providers. The streaming right granted to consumers in respect of the Eligible Games is, therefore, "portable" in the sense that it can be used to access the game which the consumer has acquired on any Eligible Streaming Service (or more than one Eligible Streaming Service).
Games covered by the proposed remedy
The remedy will apply to the Activision titles for PC and associated content listed in the updated table below, including all past, current and future releases of such titles available on PC ("Eligible Games"). The list of Eligible Games includes [] Activision PC games [].101

It then lists ten redacted games so let's have some fun speculating 😅
 

BassForever

One Winged Slayer
Member
Oct 25, 2017
29,933
CT
What even is the benefit of Sony cutting off CoD prematurely? Even in a world where Sony is able to create an FPS ip to rival CoD in terms of sales and annual releases, wouldn't you rather get the best of both worlds? Even if CoD sales were to swing 90% everyone else 10% Sony, that's still 10% of a massive pie they bring in every year without having to do much of anything.
 

Frieza

Member
Oct 25, 2017
3,850
For those who say Microsoft will make COD exclusive after the 10 year deal

At the Remedies Hearing the CMA asked Microsoft if the 10-year duration is sufficient and whether there would be a "cliff edge" for Sony at the end of this period. The 10- year period is []. Microsoft considers that a period of 10 years is sufficient for Sony, as a leading publisher and console platform, to develop alternatives to CoD.28 The 10- year term will extend into the next console generation []. Moreover, the practical effect of the remedy will go beyond the 10-year period, since games downloaded in the final year of the remedy can continue to be played for the lifetime of that console (and beyond, with backwards compatibility).

2.13 CoD is an entertainment franchise which is already nearly 20 years old. [], Microsoft will need to secure the broadest distribution of the franchise and will be heavily incentivized to keep it on the PlayStation platform []. Microsoft considers that having maintained CoD on PlayStation and grown its player base on Nintendo, GeForce Now and other cloud gaming platforms for a decade, it will have no incentive, or indeed ability, to take CoD exclusive.
 

T0kenAussie

Member
Jan 15, 2020
5,098
4. Enforcement

4.1 Microsoft has proposed monitoring and dispute resolution procedures in the Remedies Notice response.

124 At the Remedies Hearing the CMA raised questions on how these would work, in particular in relation to the console licensing remedy.
This section provides further detail on Microsoft's proposal.

(i) Overview of compliance and reporting procedure

4.2 Microsoft proposes a comprehensive compliance and reporting process in order to ensure the remedy remains effective throughout the term. As described, this involves significant steps by Microsoft to ensure self-certification with the undertakings, which can then be verified by an objective, third-party Adjudicator.

These also provide for assessment of Microsoft's compliance with the parity provisions of the remedy by an Objective Third Party Assessor.

4.3 Compliance Director.
Microsoft will appoint [] to be responsible for monitoring and certifying the company's ongoing compliance with the undertakings (the "Compliance Director").
123 124 125

(a) The CMA will be informed of the identity of this Compliance Director promptly after the undertakings are implemented and will be notified of any subsequent changes to the individual assuming the role.
(b) The Compliance Director will be responsible for preparing an annual report certifying the company's compliance with the undertakings (the "Compliance Report")

.125
(c) In addition, the Compliance Director will be responsible for, inter alia, monitoring compliance with the terms of the undertakings, facilitating requests for information (e.g., from the CMA, Adjudicator or Objective Third Party Assessor), reporting and rectifying any instances of non-compliance and
This is a standard provision in licensing agreements. For example in Clause [] of the NVIDIA Agreement, []. Remedies Notice response, paragraph 3.4.
As explained further below, the Compliance Report would be provided to the Adjudicator or, alternatively, a monitoring trustee.
22

Strictly Confidential Contains Business Secrets
maintaining staff awareness of the requirements of the undertakings.

4.4 Adjudicator. Microsoft proposes to appoint an Adjudicator to (i) ensure compliance with the parity provisions of the remedy, with the assistance of an Objective Third Party Assessor - see section 4(ii) below; and (ii) resolve any disputes which arise in relation to Microsoft's compliance with the undertakings – see section 4(iii) below.

The Adjudicator will be appointed at Microsoft's own expense and will be agreed with the CMA. The Adjudicator will be suitably qualified for the role and will be required to have sufficient expertise of the gaming industry. In the case of any instances of non- compliance, Microsoft agrees to be bound by any directions or requests as may be reasonably required by the Adjudicator. Microsoft notes that an adjudicator role of this nature has been provided for in undertakings accepted by the CMA in previous cases including Bauer Media Group, Macquarie UK Broadcast Ventures / National Grid Wireless Group and Carlton/Granada.

4.5 Microsoft proposes that the Adjudicator would also assume the monitoring trustee functions and be responsible for certifying Microsoft's compliance with the undertakings to the CMA. However, Microsoft would equally be willing to appoint a standalone monitoring trustee, at Microsoft's expense.

4.6 Objective Third Party Assessor. Given the technical nature of the parity provisions of the proposed console licensing remedy, Microsoft proposes to also appoint an Objective Third Party Assessor, at Microsoft's expense, to provide a technical assessment of the parity between the Xbox and PlayStation console versions of each new CoD title prior to its release on any console platform. The Objective Third Party Assessor's work would be overseen by, and it would report to, the Adjudicator. As explained further in section 4(ii) below, the Adjudicator will take decisions on Microsoft's compliance with the parity provisions on the basis of reports prepared by the Objective Third Party Assessor.

4.7 The Objective Third Party Assessor would be required to have sufficient expertise in the gaming industry to be able to undertake a technical evaluation of the parity of the PlayStation and Xbox console versions of games. Microsoft notes that assessing the comparative performance of console games is a relatively straightforward task for an experienced gaming engineer, and there are also several organisations which specialise in technical analysis of gaming hardware and software.

4.8 Microsoft is considering potential candidates for the Adjudicator and Objective Third Party Assessor roles and can propose a shortlist to the CMA in due course.

(ii) Verification of compliance with parity provisions

4.9 As set out in section 2(iii)(d) above, developing a new CoD game is a transparent process which involves substantive interactions with platforms, including Sony
23

Strictly Confidential Contains Business Secrets
PlayStation, over a period of [] before the game launches. Microsoft envisages that its compliance with the parity provisions of the remedy would be assessed and verified by the Adjudicator – with the assistance of an Objective Third Party Assessor – as part of this process, as follows:

(a) Microsoft will report to the Objective Third Party Assessor at regular intervals (which will be specified in the undertakings) throughout the game development process on the performance of the Xbox and PlayStation console versions of the game being developed. Copies of these reports will be provided to the Adjudicator.

(b) The Objective Third Party Assessor will have the opportunity to raise questions on the reports provided by Microsoft and make recommendations.

(c) Sony will have the opportunity to make submissions to the Objective Third Party Assessor and Adjudicator at any time during the development process. As set out in section 2(iii)(d) above, [].

(d) Before the launch of each game, Microsoft will submit the full CoD game, in both Xbox and PlayStation console native format, to the Objective Third Party Assessor for certification with the parity requirements ("Full Game Submission"), together with a final report on the parity between the two games. [].

(e) The Objective Third Party Assessor will then prepare a report on whether there is parity between the Xbox and PlayStation console versions of the game in terms of content, feature, quality and playability ("Parity Report"). The Parity Compliance Report will be provided to the Adjudicator and Microsoft.

(f) On the basis of the Parity Report, the Adjudicator will determine whether the parity provisions of the undertakings are complied with ("Parity Decision"). A copy of each Parity Decision will be provided to the CMA.

(g) The Parity Decision may impose reasonable conditions which Microsoft must comply with before, or (if the Adjudicator considers it appropriate) as soon as reasonably practicable after, launching the CoD title. In serious cases of non- compliance, the Adjudicator will have the power to delay the release of the CoD title until appropriate steps have been taken to ensure compliance. The Adjudicator will have regard to the impact of any differences between the Xbox and PlayStation versions on the gaming experience for Xbox and PlayStation gamers in determining whether the parity provisions are complied with. Material differences will only be permitted if these are due to material platform limitations on the relevant PlayStation platform or solely caused by Sony.
24

Strictly Confidential Contains Business Secrets
(h) Microsoft will not be permitted to release a new CoD release on the Xbox console platform until the Adjudicator has issued a Parity Decision verifying compliance with the parity provisions (potentially subject to conditions, as noted above).

4.10 The role of the Objective Third Party Assessor and Adjudicator is to ensure that an independent expert has verified parity between the Xbox and PlayStation console versions of CoD in accordance with the undertakings. []. []. As set out in section 2(iii)(d), [].
(iii) Fast-track dispute resolution mechanism

4.11 In the unlikely event that it will be required, Microsoft proposes to include an effective fast-track dispute resolution mechanism that would be available to SIE Group and any remedy-taker under the cloud licensing remedy (a "Remedy-Taker").

4.12 In Microsoft's response to the Remedies Notice, Microsoft proposed that disputes which may arise in relation to Microsoft's compliance with the undertakings would ultimately be determined by binding arbitration under the Arbitration Rules of the International Chamber of Commerce (in London).126

4.13 Having considered further, Microsoft considers that it would be more effective to provide for the appointment of an independent Adjudicator127 to resolve any disputes in accordance with a fast-track dispute resolution mechanism. This would enable disputes to be determined by an Adjudicator with pre-existing knowledge of the undertakings given by Microsoft and the concerns relating to the Merger which they are intended to address, and provide greater assurance that disputes would be determined in a timely manner.128

4.14 In summary the fast-track dispute resolution mechanism would operate as follows:
126 127
128
(a) Microsoft would offer a dispute resolution mechanism by way of undertaking. Remedy-Takers would be free to decide whether or not to accept, and therefore be bound by, this mechanism. The dispute resolution mechanism would apply to all disputes between Microsoft and a Remedy-Taker regarding the undertakings.

(b) Microsoft and the relevant Remedy-Taker would be required to use commercially reasonable efforts to seek to reach a negotiated outcome within a
Paragraph 3.4(c).

For the avoidance of doubt this would be the same Adjudicator appointed to verify compliance with the parity provisions.

Microsoft notes that, both for the purposes of international comity and practicality, the dispute resolution mechanism provided for by the undertakings will need to be aligned with any remedies accepted in other jurisdictions
25

Strictly Confidential Contains Business Secrets
specified period. This would involve Microsoft and the Remedy-Taker seeking to resolve the dispute through cooperation.

(c) Failing that, the Remedy-Taker will have the opportunity to have its concerns dealt with promptly, with the outcome determined by the Adjudicator.
4.15 The proposed Adjudication procedure would operate as follows:
129 130

(a) The Remedy-Taker would be required to issue an Adjudication Notice briefly setting out: (a) the issues in dispute for which adjudication is required; (b) the material facts and any documentary or other evidence relied upon; and (c) the relief sought. Microsoft will be required to provide a written response to the Adjudication Notice within a specific timeframe.129

(b) The adjudication process will be conducted in private and remain confidential. The parties will be subject to stringent cooperation procedures with the Adjudicator and agree to be bound by its final decision (including any directions or requests it may reasonably make).

(c) The Adjudicator will act fairly and impartially, making use of its specialist knowledge to determine any disputes between the parties.130 It will be required to take into account that the purpose of the remedy is to allay concerns relating to the Merger

(d) If a dispute relates to the parity provisions the Adjudicator will take into account any relevant Parity Compliance Report and any other relevant materials that may be provided by the Objective Third Party Assessor as part of the adjudication process.

(e) The Adjudicator will be required to issue a decision on the dispute within a specified deadline. The Adjudicator's decision shall be final and binding and a copy of its decision will be given to the CMA.

(f) Each party will bear its own costs of the Adjudication Procedure. The costs of the Adjudicator shall be borne by Microsoft.

(g) The CMA will be entitled to participate in all stages of the adjudication procedure and may, on request, have access to any materials relevant to the
Before Microsoft responds, the Adjudicator will first confirm if, in its view, the Adjudication Notice is incomplete in any material respect and/or discloses no reasonable grounds for it to act.

In particular, the Adjudicator will: (a) avoid incurring an unnecessary expense; (b) determine the procedure and requirements to be followed by the parties, giving each party a reasonable opportunity in the light of the overall timetable to put its case and deal with that of the other party; (c) determine the dispute based on the written materials submitted by the parties and without an oral hearing; and (e) take into account any submissions that the CMA might choose to provide.
26

Strictly Confidential Contains Business Secrets
procedure. To the extent the dispute relates to the parity provisions the Adjudicator may also ask the Objective Third Party Assessor to participate.
Edit; remedies around an independent adjudicator similar to their linked in acquisitions. Microsoft funded accessibility by the govs and the competing companies
 
Last edited:
Oct 27, 2017
2,642


Water is wet.

Honestly, that's why all of this is a farce. Ideologues over here in the States. Horrible accountants across the pond. All they have done is force Microsoft to spend more money and time than should have been necessary. See what happens when you apply logic here? A case dismissed rather easily. Let's get this charade over and go on to something else.
 

Frieza

Member
Oct 25, 2017
3,850
About extending the console remedy to new entrants
At the Remedies Hearing the CMA asked Microsoft if it would be willing to extend the proposed console licensing remedy to any "credible entrant" in the console market.

2.18 Microsoft does not consider that this is necessary in order to remedy, mitigate or prevent the Console SLC identified in the Provisional Findings, which does not relate to a hypothetical withholding of CoD from potential new entrants. Rather, the Provisional Findings focus specifically on the potential impact of the Merger on Sony.33 In particular, the Provisional Findings conclude that CoD is an important input for Sony PlayStation. The CMA has not, however, found or presented evidence to suggest that CoD is an important input for console providers generally.

2.19 Nor could the CMA reach such a conclusion, given that CoD is not available on Nintendo – the second largest provider of consoles – today. As the Provisional Findings acknowledge, console platforms offer different technical specifications and differentiated gaming propositions.34 Nintendo's success demonstrates conclusively that a console platform's ability to compete effectively is not dependent on the ability to offer CoD to its customers. Rather, this is possible with a "differentiated offer".35 In any event, Microsoft has already reached an agreement to bring CoD to the Nintendo platform for 10 years as part of its strategy to make CoD as widely available as possible.
 

Deleted member 93062

Account closed at user request
Banned
Mar 4, 2021
24,767
I really like the idea of negating Sony's concerns about a "buggy" PlayStation version by having the release-copy of the game reviewed by a third party before release.
 

Bxrz

Banned
Dec 18, 2020
1,902
Looks like at the Remedy hearing, the CMA asked Microsoft:

- How their COD deal differs from the current COD deal that Sony has
- Would Microsoft give this deal to anyone in the console space (I guess this was before Nintendo and Nvidia signed?)
- Is 10 years enough
 
Last edited:

Frieza

Member
Oct 25, 2017
3,850
About PlayStation specific features

At the Remedies Hearing the CMA asked how the parity framework would allow Microsoft to accommodate advanced, PlayStation-specific features in CoD which are not available on Xbox.

The Parties note, in particular, that there is no basis in the Provisional Findings for what would essentially amount to a "beyond parity" obligation, requiring Microsoft to develop a PlayStation version of CoD which has more features than the Xbox version. Rather, the relevant partial foreclosure mechanisms considered in the Provisional Findings, which the remedy is designed to address, relate to releasing a worse version of CoD titles on PlayStation consoles for example "with fewer features" and "degrading the graphical quality" of the PlayStation version.56 The concern
provisionally identified is that Sony would be a "substantially less effective competitor than it would be absent the Merger".57

2.37 As Microsoft will be shipping CoD on PlayStation in compliance with its remedy commitments [], Microsoft will have every incentive to develop games with optimised support for PS5 features, such as haptics, and future consoles in order to maximise sales on the platform.
 

Anastasis

Teyvat Traveler
Member
Oct 25, 2017
3,603
Cloud gaming remedy
In response to the Panel's questions, Microsoft has significantly expanded access to the Eligible Games. The proposed remedy is now a royalty-free worldwide license which is generally available to consumers and cloud gaming providers. The streaming right granted to consumers in respect of the Eligible Games is, therefore, "portable" in the sense that it can be used to access the game which the consumer has acquired on any Eligible Streaming Service (or more than one Eligible Streaming Service).
Games covered by the proposed remedy
The remedy will apply to the Activision titles for PC and associated content listed in the updated table below, including all past, current and future releases of such titles available on PC ("Eligible Games"). The list of Eligible Games includes [] Activision PC games [].101

It then lists ten redacted games so let's have some fun speculating 😅
So this is cloud gaming cross-purchase if I'm understanding this correctly?
 

christocolus

Member
Oct 27, 2017
14,932
Edit; remedies around an independent adjudicator similar to their linked in acquisitions. Microsoft funded accessibility by the govs and the competing companies
About PlayStation specific features

Oh boy. There is no way the CMA isn't agreeing to this. MS has done such a thorough job and provided very reasonable and objective safe guards...even offering to pay the cost of monitoring ABKs output to ensure an even playing field on PS and Xbox post acquisition.
 

Deleted member 93062

Account closed at user request
Banned
Mar 4, 2021
24,767
So this is cloud gaming cross-purchase if I'm understanding this correctly?
I wouldn't call it cross-purchase. Basically, if you own an ABK game on Steam, Battle.net, etc., you are given the right to stream it through any cloud gaming platform that offers the functionality to play your owned PC games (GeForce Now, Boosteroid, Shadow, etc.) it's honesty kind of wild how it was ever legal to take that away tbh.
 

gifyku

Member
Aug 17, 2020
2,744

I dont see why this should be a concern to CMA if they truly are concerned about access rather than publicity/marketing. The big changes for Sony will be loss of marketing rights and loss of exclusive features. both of these are pro-competition in the console market.

The main concern for MS at this point should be the lack of what I feel is a skeptical press corps in the UK. Its been pretty eye opening to see the journalistic coverage of this deal but especially in the UK and the EU; games journalism has a long way to go to get the journalism tag. Right now, its more of games advocacy more than anything else
 

Bear and bird

Member
Oct 27, 2017
4,596
crash of duty
call of quakey
spryo and milo go to school
sgt soap's wonderful world of warcrimes
halo infinite 2
toys for bob's killer instinct redux
god of war ragnarok
crash of duty 2
tony hark's skateboarding fun
Scalebound: Spyro's Adventure
Guitar Hero: Age of Empires
Crash & Banjo at the X Games
World of Minecraft
Crackdown VS Prototype
Pitfall: Between Bandits
Dorito's Crash Course featuring Crash from Crash Bandicoot
Geometry Wars 4
Geometry Wars 5
Geometry Wars 6
 

Deleted member 93062

Account closed at user request
Banned
Mar 4, 2021
24,767
I dont see why this should be a concern to CMA if they truly are concerned about access rather than publicity/marketing. The big changes for Sony will be loss of marketing rights and loss of exclusive features. both of these are pro-competition in the console market.

The main concern for MS at this point should be the lack of what I feel is a skeptical press corps in the UK. Its been pretty eye opening to see the journalistic coverage of this deal but especially in the UK and the EU; games journalism has a long way to go to get the journalism tag. Right now, its more of games advocacy more than anything else
CMA is concerned with whole parity, including exclusive features like Sony gets with COD right now. Microsoft being able to highlight all the exclusivity that Sony gets with COD right now, will probably help Microsoft's case IMO.
 

gifyku

Member
Aug 17, 2020
2,744
2.21 The fact that Microsoft has entered into agreements with Nintendo and NVIDIA in relation to CoD and has made its content (including Game Pass) available on new handheld console devices, such as Steam Deck and Razer Edge, is evidence that Microsoft has a clear incentive to provide CoD to new consoles. The CMA's assessment of incentives in the Provisional Findings cannot be relied upon to conclude that Microsoft would be incentivised to withhold CoD from any such entrant.39 The potential benefits of any hypothetical withholding strategy to Microsoft would be even further reduced if the CMA accepts Microsoft's proposed licensing remedies.40

Lol. this is pretty funny. cmon MS lawyers, we are still waiting for true Gamepass access on Steam Deck. Not that the CMA would care
 

Frieza

Member
Oct 25, 2017
3,850
It's weird that CMA acts like Minecraft doesn't exist

At the Remedies Hearing the CMA asked Microsoft whether developing games for future new versions of PlayStation might raise concerns in terms of Microsoft having access to Sony's confidential information.

2.55 As explained at the Remedies Hearing, Microsoft already successfully navigates these confidentiality issues today as a developer for PlayStation, notably in relation to the Minecraft franchise, as well as, post-acquisition of ZeniMax, Sony exclusives Deathloop and Ghostwire: Tokyo.