Microsoft-Activision-Blizzard Discussion Thread (Part 1)

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well, if this falls through at least i can say i’m in the same boat as Warren Buffett.

Could the close of this acquisition be announced at quake con ? Imagine the hype ! Mike Y walking out on stage showing off a variety of classic shooters that will be hitting GamePass on the day.

There’s a roughly 0% chance of that one happening, the deal is at least a month away from closing assuming everything goes right and when it does close they’ll announce it right away on a blog rather than waiting and announcing it at an event.

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So before MW2, GamePass day 1 baby!

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This probably wouldn’t happen, doesn’t Sony have a deal with abk for a few more titles

Sony has a deal with Activision that gives them advertising and additional perks on Playstation that is reported to last 3 more games. It is speculated to include some clause restricting the game from being released on game pass for some unknown amount of time, because we know Sony includes such clauses in these contracts, but we don’t know for certain. I wouldn’t get too excited for day one Call of Duty anytime in the next couple years just in case.

Nope. Not for keeping it off gamepass. To keep it off Microsofts streaming service they would need a timed exclusivity deal.

That’s not really true, we know for a fact Sony includes clauses regarding game pass into advertising deals - not just timed exclusivity deals. There was leaked documents detailing Sony’s advertising deal with Resident Evil 8 that confirmed exactly this, and it’s been a detail that has come up in the Activision filings between Microsoft and Sony.

The publisher decides which platforms the game releases on. Xcloud is a platform. If Sony doesnt want in on Microsofts platforms they needed to make Call of Duty timed exclusive (or full exclusive). Sadly they couldnt afford it.

We know nothing of the details of the agreement, so we can only speculate. It may or may not include clauses regarding services such as gamepass. We won’t know until it goes through and we discover whether or not Microsoft uploads the games to GP or not.

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The publishers can choose, but they can also choose to accept a deal with Sony that includes a clause that stops them accepting a game pass deal. We know for a fact this happened with Resident Evil Village, Sony paid them for the advertising rights and the leaked documents relating to it confirmed that it also blocked a game pass release for a year after launch, and it was not exclusive. It’s entirely possible the same could be true for Call of Duty.

It’s really a case by case basis.

NBA 2K22 is marketed by Sony but it still came to Gamepass. RE8 didn’t.

No one really knows a definitive answer. I might be wrong but I think no Activision game has been on Gamepass yet ? Maybe that’s a sign that they were cool with signing a clause that wouldn’t allow COD on Gamepass ? No clue lol.

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Well Sony didnt get exclusivity which thus far is the only way to prevent a Microsoft game launching on gamepass.

I don’t know what to tell you, we know pretty concretely that is not correct. Here is a quote from the actual contract Sony had for a game that was not exclusive but was blocked from launching on game pass all the same:

“During the term, Publisher shall not authorise, assist or encourage any third party to include the game in any Competetive Platform subscription service, including but not limited to Google Stadia Pro subscriptions, Microsoft’s Xbox Live Gold, Project xCloud or Game Pass subscription service or similar Competetive Platform subscription service,”

And here is an article about the contract Sony had with a game that was not exclusive but was blocked from launching on game pass.

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Not a Microsoft game on Microsoft platforms . Marketing rights arent exclusivity.

And? Call of Duty isn’t a Microsoft game yet, and Sony has a marketing deal with Activision over Call of Duty for the next 3 games. Since we know Sony marketing deals include game pass clauses, it’s VERY possible they have such a clause on Call of Duty. And Microsoft has already made pretty clear they’ll be respecting existing contracts.

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Well marketing rights hasnt stopped MLB …a game funded by Sony and made by Sony owned studio from launching on gamepass, so expecting a Marketing deal to come between Microsoft and Microsoft is even less likely.

Deathloop and Ghostwire were only exempt due to timed exclusivity. MW2 is very much not exclusive.

Given we are discussing the likelihood of the game launching on gamepass this exercise is based on the deal alreading having closed by that time.

Its about as likely as Sony paying for CoD to be timed exclusive for 4 years up front.

And marketing isnt (timed) exclusivity, which is the only thing that’ll keep it off gamepass as it doesnt keep Sonys games off gamepass.

Exclusivity has nothing to do with this. Microsoft has already announced they will honour all existing contracts with the Activision acquisition, as they did with the Bethesda acquisition. If Sony has a contract with Activision that stops them from putting Call of Duty on game pass, then Microsoft will be unable to put new Call of Duty releases on game pass till the contracts requirements have been met.

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Read the wording… ‘The publisher can’t assist the third party’

Here, publisher is different from the third party platform

But, in case of ABK after acquisition… Guess what, Publisher itself will be the third party. Or you can say there is no third party anymore.

This is how written clause works. Word to word.

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