Wilkinson points to the fact that Microsoft's CEO said he wants games to be on all platforms, doesn't like exclusives.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵126/X
FTC says it was a tactic for Nintendo to sign the contract as an option but doesn't mean it's a guarantee.
— Florian Mueller (@FOSSpatents) June 29, 2023
Judge: why does it have to be a guarantee?
FTC: if not, doesn't offset the concerns
🧵128/X
Judge wants Microsoft to assess the point that no financial analysis was done "which seems odd".
— Florian Mueller (@FOSSpatents) June 29, 2023
This was now the first point where Judge Corley appears receptive to an FTC argument and in a way that surprises me.
🧵130/X
Judge Corley: if they buy CoD on Xbox, then (post-deal) MSFT gets 100%. If they buy on Nintendo, not so. Why didn't they assess... it's going to take some of their sales away from Xbox.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵132/X
The cloud part of the discussion is now a considerably closer call than the console part. The console part is clearly dead. The FTC has to overcome various hurdles for the cloud, but Judge Corley is not at the point of dismissing the cloud theory of harm 100%.
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵134/X
FTC sought discovery and says they were shielded.
— Florian Mueller (@FOSSpatents) June 29, 2023
Judge Corley to FTC interrupts FTC: when you filed the PI motion, you would have had time, but because it was done this late we didn't have that opportunity. I don't know what happened, not gonna make a difference here
🧵136/X
Essay Pro