Now FTC referring to Stadia. Google, very large and successful technology company, spent a lot of money, thought they did it right, just didn't have the right content.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵80/X
Wilkinson: it was Google's decision not to put their money into Stadia.
— Florian Mueller (@FOSSpatents) June 29, 2023
Judge Corley says we're still talking about console market, will later get to subscription and console market
🧵82/X
Judge Corley appears unprepared to ignore those actual and proposed agreements.
— Florian Mueller (@FOSSpatents) June 29, 2023
FTC now talking about who bears the burden. Says defendant has to explain why. But this is a Sec. 13(b) proceeding and it's just about government's prima facie (first look) case.
🧵84/X
FTC said they never heard from a 3rd party that signed the deals and said it was "magnificent".
— Florian Mueller (@FOSSpatents) June 29, 2023
Judge Corley reminds the FTC of the fact that Nvidia's Eisler said the deal saved them costs, enabled them to better compete with Microsoft. Isn't that procompetitive?
🧵86/X
Microsoft lawyer (not Wilkinson this time) can point to some merger cases where such contracts are considered. One a Commission (FTC) case, another an ALJ (also FTC) case. FTC now says that was different because chemical company offered selling a factor.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵88/X
MSFT: here it's not just that they're prepared to arbitrate an agreement (like in AT&T Time Warner) but here the agreements have been signed.
— Florian Mueller (@FOSSpatents) June 29, 2023
FTC now tries to dinstinguish those cases.
🧵90/X
I believe that was Mr. Sunshine's first active intervention in this case.
— Florian Mueller (@FOSSpatents) June 29, 2023
He now explains that this is a vertical case, the harm that's alleged is there would be no access to CoD, at core it's about access to CoD, therefore different type of remedy
🧵92/X
Wilkinson points out discovery is closed. We could have the whole case decided by the federal court.
— Florian Mueller (@FOSSpatents) June 29, 2023
Judge Corley joking about it because she apparently doesn't want to hold a full trial here about the same stuff
🧵94/X
Wilkinson pointing to testimony by Microsoft CEO Satya Nadella: that's the world in which we live because Sony is the market leader and has exclusives.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵96/X
Essay Pro