Josiah said:
binary solo said:
Josiah said:
binary solo said:
Not so much because of any harm that the ad might do (which is no harm at all really in this case)
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It did a significant amount of damage to marketing contracts. Publishers make a lot of money from these contracts. If loopholes arise, the value diminishes, and the developer makes less money from such deals in the future.
This is a huge deal to any publisher. They want to protect their imediate and future income. If Microsoft is successful without an recoil and Sony follows, all publishers have a lot of $$$ to lose in the future. I bet you none of them want that.
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That's potential future harm to the value of future exclusive advertising contracts. But basically no direct harm done here to Acti/bungie. And I don't think Sony would actually halve a case here again MS, because MS didn't breech any Sony trademark, they breeched Bungie/Acti trademark. So, the only recourse Sony would have would be to sue Activision for not sueing MS for breech of trademark. But why would Sony do that? but it's best for all concerned not to create bad blood so MS really had to take the ad down to keep things cool.
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Not true. It breaks contract. Usually Sony in this case would have a stipulation that if contract is broken they pay less or get an additional benefit.
Sony absolutely has a case, that's why Microsoft was forced to take it down. The damage from the media picking up on it, is not down. This is part of where the issue lies. It'll be interesting to see what results from this.
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Microsoft is not a party to the contract, they didn't sign anything. The contract is between Sony and Acti and SOny can only take action against Acti. Acti is the owner (or Bungie is) of the Destiny trademark and copyright, and it is the infringement on the Destiny trademark without permission which MS did, and only Acti can enforce its trademark rights. Sony can't enforce trademark rights on behalf of Acti. So Sony has no legal recourse directly against MS, only Acti does.
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