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.