Judge: if CoD was on GP not on PS+, wouldn't that just incentivize Sony to up their game, it would increase competition as opposed to decreasing competition?
— Florian Mueller (@FOSSpatents) June 29, 2023
It's not available on PS+ now, not taking anything away.
🧵142/X
FTC says that Microsoft buying Activision content is bad, while agreements between the platform owners and game makers are competition.
— Florian Mueller (@FOSSpatents) June 29, 2023
FTC doesn't consider that market leader has cost advantage for exclusive deals.
🧵144/X
But she asks that if MS limited COD to Game Pass, would that not incentivize Sony to “up their game"?
— Michael Acton (@MActon93) June 29, 2023
FTC lawyer - if this deal goes through, terminates independent ability of Activision to EVER sign a deal for COD on PS Plus.
FTC: why doesn't Sony put their games day and date on PS+? I don't know. But it is not an adequate response by defendants to say "good, now Sony will do the same thing and build a walled garden of their own."
— Florian Mueller (@FOSSpatents) June 29, 2023
🧵146/X
Judge Corley voices to FTC her concern that this industry changes all the time, it's dynamic, amorphous
— Florian Mueller (@FOSSpatents) June 30, 2023
🧵148/X
FTC: Microsoft buys CoD because it is unique in so many ways, #1 every year, and the one disappointment Mr. Kotick mentioned is still #1
— Florian Mueller (@FOSSpatents) June 30, 2023
🧵150/X