FTC now wants to focus on incentives, claims it's not about multiplayer or non-multiplayer.
— Florian Mueller (@FOSSpatents) June 29, 2023
Judge Corley: those economic incentives include your brand. ... when the game is taken away from people's favorite platform there is reputational harm
🧵75/X
FTC: would there be reputational harm if CoD yanked from PS? 1. they would buy an Xbox to keep playing the game 2. that is a full foreclosure world, but what about a world where the best new Xmas character in CoD is only on Xbox?
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵76/X
For the console theory it's a total bloodbath.
— Florian Mueller (@FOSSpatents) June 29, 2023
There are multiple ways to rule against the FTC and I believe we will see a decision that will throw out the console crap on at least 3 bases.
🧵77/X
Judge Corley: how big is the market of the people that care so much that they would switch and buy an Xbox they wouldn't otherwise buy?
— Florian Mueller (@FOSSpatents) June 29, 2023
FTC: it's not about just switching, the harm to the PS person and they have CoD and there's some new character and that's not an Xbox.
🧵79/X
Essay Pro