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What I think was a miss here by MS:

  • No one pointed out the EU remedy that would allow any Cloud service offering entity, not just those who signed deals, to benefit from access to ABK content.
  • No one pointed out the cloud provider can operate internationally and have a server presence worldwide just like MS Azure has a server presence in nearly every country.
  • It should have been explained that, for the cloud, content is only 1 factor of the appeal and that properties such as latency are still a huge handicap to which this transaction won't solve anything and won't put MS into a position where it is better suited than another entity to solve it that it doesn't already enjoy without it. meaning the incentive to innovate won't be impacted.
  • MS should have pointed out that there is still a long way to Cloud being anything relevant and that in the meantime, games' popularity is subject to shift.
  • MS should have stressed that even in the event they do make CoD exclusive and willingly take all the negative aspects of it, the Lee model still doesn't place MS in an advantageous position the likes Sony enjoys today and that Sony will still have many options to mitigate the issue and compete effectively.

But that said the Judge was very clever so maybe will come to those conclusions on her own. So funny that she does look to have grasped the market way better than the FTC and CMA in 5 days than they have in a year -_-, I guess the video game market is not so hard to understand when you're not suffering from self-inflicted politically motivated willful blindness.

Last edited by EpicRandy - on 29 June 2023