FTC now trying to get clarified that his perspective of not being prepared to degrade CoD (on certain platforms) is that of an independent developer. Yes. But that doesn't mean Microsoft would do something stupid either...
— Florian Mueller (@FOSSpatents) June 28, 2023
🧵30/X
It's clear that the FTC can't get Bobby Kotick nervous (and they're not trying it specifically). The tones of his answers and the body language are consistent with how he responded to his own counsel's questions. Quiet, thoughtful.
— Florian Mueller (@FOSSpatents) June 28, 2023
🧵32/X
She tried to compare Game Pass to WoW Subscription and Bobby snipped back 💀
"We have no plans to provide our games to the Sony multi-game subscription service."
— Michael Acton (@MActon93) June 28, 2023
Activision hasn’t formally decided against offering content on Nintendo subscription service?
"I wasn’t aware Nintendo had a multi-game subscription service."
FTC asks whether depending on the terms they might do it. Bobby Kotick says maybe for a limited time, but it's clear that he primarily believes in other revenue models.
— Florian Mueller (@FOSSpatents) June 28, 2023
They're referring back to his investigational hearing testimony. That was last year.
🧵36/X
FTC is trying to catch Kotick with his earlier deposition testimony. There, he said Activision did offer some things through PlayStation's subscription services.
— Michael Acton (@MActon93) June 28, 2023
This was limited, he says. "For a small duration of time or for a promotional purpose."
Idiot just needs to say day and date.
Older testimony about Game Pass: there's no decision that they'd never offer games on Game Pass, but so far they haven't. Bobby Kotick also explains for him the reason that he doesn't want to do it is principally commercial.
— Florian Mueller (@FOSSpatents) June 28, 2023
🧵37/X
Another pointless attack vector that the FTC chooses: they want to elicit a confirmation that if Microsoft just offered enough money to an independent ABK, they would offer games on a subscription service.
— Florian Mueller (@FOSSpatents) June 28, 2023
There's nothing they'll be able to prove this way that helps them
🧵38/X
Judge Corley – you knew that when you agreed to the merger that MS planned to bring games to Game Pass. Why do that if you thought it didn't make sense?
— Michael Acton (@MActon93) June 28, 2023
Kotick says can have philosophical disagreement – but his responsibility is to shareholders.
FTC confronts Kotick with a 'talking points' doc prepared for him by the company's CCO for discussions with Nvidia.
— Michael Acton (@MActon93) June 28, 2023
Discussions to put Activision’s contents back on GeForce Now.
"They weren’t talking points that I actually ever used."
Essay Pro