XboxEra Community Hangout |OT11| It Goes To 11!

playing Diablo 4 right now i’m just doing nightmare dungeons farming to level up my glyphs and the occasional world bosses and tree of whispers for the coin since people in trade keep trying to sell the 50 egg for like almost 200,000,000 or more even though i calculated it 125,000,000 for selling it on regular vendors. i’m going to lv my seasonal character to 100 then hit the bosses besides the world boss because he gets instantly melted when there is so many people there. LV 91 twisting blade rogue

Then to me they would lose a lot of what’s special about them, they were my favorite AAA publisher last-gen because they gave chance to genres others didn’t give a f about. I would really be disappointed if a lot of their studios turn in to Disney IPs for widest mainstream appeal instead of their unique capabilities at genres :confused: I hope not

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Or or hear me out. Some of these were made deals before acquisition that are finally coming to out or the bigger thing? The studio wants to work on an IP. Who would have thought?

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… we’re allowed to be disappointed if things we like no longer get made…

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Yeah but there’s also shouldn’t be disappointment cuz this is from a rumor that probably not true or if it is doesn’t mean the games you like or not going to be made anymore

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I got an Uh Oh for my PS wrap up. Okay, new year resolution: play something.

Could you elaborate on this, please?

Superrandom but this how it was:

Last night I dreamt I was at a night party boat with the folks from Double Fine, and I went to Tim Schafer and this is how the convo went:

Me: “This next year (2024), how many playthroughs of Psychonauts 2?” Tim: “Which game?” Me: “Psychonauts 2, the GOAT… THE GOAT!”

(Now I talk to all the folks from Double Fine):

Me: “Have you guys seen that meme?”

In my mind:

Some people from Double Fine look at me, nod and probably think Y-I-K-E-S.

I´m brilliant. I know.

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https://x.com/postup_sog/status/1738564943618699344?s=46&t=O_AGT9SEnlptKOF_2SxtqQ

Florian is going to put in depth look at it in his soon.

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Thank you!

Definition time, Duces Tecum is “a writ ordering a person to attend a court and bring relevant documents.

It seems like Microsoft is asking the court to enforce an earlier order for Sony to produce documents and/or attend the court hearing and bring the relevant documents.

At the bottom of the second page Microsoft wants to do discovery against this Sony filing.

Image PostUp included, which isn’t the entire document:

[OCR of Document pages posted]

< 609225 .final_pack.

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 12/21/2023 OSCAR NO 609225

PUBLIC

UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION

In the Matter of

Microsoft Corp., a corporation, and Activision Blizzard, Inc., a corporation.

Docket No. 9412

RESPONDENT MICROSOFT CORP.’S MOTION TO CER COMMISSION A REQUEST FOR COURT ENFORCEMENT OF SUPOENA DUCES TECUM ISSUED TO NONPARTY SONY INTERACTIVE ENTERTAINMENT LLC

INTRODUCTION

When Microsoft announced the proposed acquisition of Activision, Sony Interactive Entertainment’s (“SIE”) President and CEO, Jim Ryan, wrote to a friend and mentor that the acquisition was “not an xbox exclusivity play at all” and that SIE would be “more than OK” if the deal were consummated. Ex. A, Email from Jim Ryan re: MS acquisition of Activision at -001 (Jan. 20, 2022), RX2064, SIE-MSFT-10367176. In stark contrast to this candid, private assessment, SIE has long outwardly and vocally claimed—including to competition authorities around the world—that the acquisition would be harmful. Just days after Microsoft prevailed in the FTC’s preliminary injunction action, SIE inked a 10-year licensing deal with Microsoft for Call of Duty (“Microsoft-Sony Agreement”) that guarantees SIE better terms than it had with Activision. One would think that would have marked the end of SIE’s campaign against the Microsoft-Activision deal. It did not.

As Microsoft recently leamed upon receiving SIE’s chemy-picked 52-document production in response to the FTC’s subpoena related to the Microsoft-Sony Agreement, [REDACTION] Specifically. SIE’s production included a letter [REDACTION]

Microsoft is entitled to take discovery to test SIE’ assertions and seeks a narrow, targeted production of documents from SIE related to the Microsoft-Sony Agreement. But SIE has not committed to produce a single document in response to Microsoft’s subpoena and has insisted that its production to the FTC is sufficient to satisfy Microsoft’s subpoena despite not having conducted proper custodial searches. Microsoft therefore moves pursuant to 16 CFR. § 3.38(c) for an order certifying to the Commission a request to enforce Microsofts subpoena in federal district court. See In re Illumina, Inc., No. 9401, 2021 WL 3803658, at *4 (F.T.C. Aug. 17, 2021) (zranting Respondents’ motion to certify district court enforcement of subpoenas issued to a nonparty); In re Avon Enter., Inc., No. 9389, 2020 WL 5543022, at *5 (E.T.C. Sept. 4, 2020)

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My favourite part is “that guarantees SIE better terms than it had with Activision. One would think that would have marked the end of SIE’s campaign.”

The language really suggests Microsoft are fed up with Sony. I wouldn’t be surprised if we see a few middle fingers in the near future.

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Yeah. There’s 60 more pages to that document. I’m sure they’re filled with equally toned language.

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Microsoft just need to play the same delay game as the FTC did. Chances are, by early 2025, a new FTC commissioner might take over( pending the 2024 election). As for Sony, I wouldnt try to make noise again, with the walled garden being in scrutiny rn because of the Epic vs Google rulings. They wouldn’t want a scenario where Microsoft files for an antitrust lawsuit in the console space.

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Works for me. I easily prefer Disney/Marvel/Star Wars IP over their shitty games of a service approach. Don’t care about Fallout 76, Wolfenstein Youngblood was trash and Redfall isn’t much better. So yeah, I’ll easily take those single player one and done games because I don’t need every game to last forever.

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Yeah, most of us would. Though they don’t necessarily need to be Disney IP lol

Wouldn’t FO76 be the only “trend chasing” game they’ve made? I don’t consider EOS trend chasing, considering they started an entire new studio(s) for it and MMO is a good fit for that universe.

Nice. Here’s a blurb from that site:

Context: Microsoft consummated the acquisition of Activision Blizzard King (ABK) in October 2023, but the U.S. Federal Trade Commission (FTC) is still pursuing an administrative proceeding (docket), now seeking to force Microsoft to divest ABK.

What’s new: On Thursday, Microsoft brought a discovery motion (PDF) that indicates Sony–which was the sole vocal complainant over the transaction, but signed a 10-year Call of Duty (CoD) deal in July–is clutching to a straw by supporting the FTC’s ultralong shot through selective production of evidence, focusing on internal documents that portray the deal in a negative light.

Direct impact: Even if Sony had not accepted the 10-year CoD deal, the FTC would be highly unlikely to succeed at this point. But the existence of certain remedial agreements, of which the Sony contract is arguably the most important one, further complicates the FTC’s efforts. If Microsoft’s motion is granted, it may be able to counterbalance Sony’s selective production or call into question the credibility of certain Sony witnesses.

Wider ramifications: After Sony’s extensive and aggressive campaign against the ABK deal, the 10-year deal could have marked an inflection point and the PlayStation maker could have sought to mend fences with Microsoft, which it could or possibly should view as more of a content partner than console rival. Microsoft’s filing with the FTC’s in-house judge sadly suggests the opposite.

And a Florian tweet they reference too:

This 5th Circuit decision of a few days ago strengthens the case for Microsoft-ABK against the @ FTC!

It supports Judge Corley on a question where I found the FTC’s position not just legally questionable but even worse from a * policy * point of view: remedial agreements.

https://twitter.com/Florian4Gamers/status/1736792348439298367

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True. With Machine Games, im hyped for Indiana Jones but also want WOlfenstein 3 at some point. Arkane can let Deathloop die because it’s not for me and im hyped for Blade but also want a Dishonored 3 at some point. For Id, im not into Doom even though I beat 2016 but dropped Eternal very quickly so if their next game is The Mandalorian, I will be very happy.

Youngblood was co-op and supposed to have micro-transactions in it and meant for people to keep playing in some fashion and Redfall was originally meant to be a live service game before they changed it. So yeah, Fallout 76 is the only one.

Either way, im hoping the Mando rumor ends up being true.

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