Although the original article has been updated since then, MS knew since day one after the pause (July 12th) that this was a #TeamOctober play:
One person familiar with the negotiations suggested that the CMA and the companies would now enter a three-month period of talks. The person said there was a period of time "to discuss what the CMA really wants", adding that it was "way too early to speculate what's on the table".
The Financial Times also knew about it but maybe MS wasn't happy about the info been shared so soon and that's why the article was changed.
Anyway, very interesting development. And lots of complexity to manage the cloud gaming rights for MS and ABK in the future.
If I got all the info right, this would the situation in October (if the deal is approved):
- Xbox Studios (XGS) and Bethesda games can be on PC, console (they can be exclusive) and Xcloud (they can be exclusive too, excluding the agreements that MS has signed with Nvidia, Boosteroid, Ubitus, Nware and EE).
- ABK games can be on PC and console (they could be exclusive to Xbox). The cloud gaming rights are sold to Ubisoft worldwide, who would be the exclusive owner but excluding the EEA countries, where MS/ABK would be the owner.
- In the EEA countries, and for 10 years, MS/ABK would license the cloud gaming rights to Nvidia, Boosteroid, Ubitus, Nware and EE and now Ubisoft+ too. As well as any other cloud gaming provider requesting it (if they comply with the EC commitments).
- In the rest of the world (that would include countries like Australia, Canada or even the US, where regulators still have concerns about the deal), Ubisoft would commercialise the cloud gaming rights of ABK games for 15 years. MS, Sony, Nintendo or whoever would have to negotiate with them. The games could be on xCloud but MS would have to pay Ubisoft. I guess that Nvidia, Boosteroid, Ubitus, Nware and maybe EE could be excluded from this due to the previous commercial agreements with MS, that I guess were worldwide (maybe the one with EE was for UK only).
- MS has to develop special versions of the ABK games (for example, a Linux version) if Ubisoft wants to license the games to non-Windows cloud gaming providers. That special version should also have to be provided to the EEA cloud gaming providers, according to the commitments with the EC.
- MS would get money from Ubisoft through the usage of the games + the initial payment.
- By 2033, MS/ABK would regain the cloud gaming rights in the EEA countries. By 2038, MS/ABK would regain the cloud gaming rights worlwide. Ubisoft would keep the cloud gaming rights of all the games managed during those 15 years.
- By 2033 in the EEA countries and 2038 in the rest of the world, any cloud gaming agreements would have to be renegotiated and MS/ABK could decide to terminate them.
Ubisoft is acquiring the worldwide rights
Microsoft is licensing the rights in the EU in order to satisfy the remedy that exists.
Microsoft will not own the cloud rights to any Activision-Blizzard game until the first game ABK creates after 2038. Ubisoft can do whatever it wants in the EU with the rights even though MS would be licensing it to everyone, but after 10 years ubisoft will be the sole owner.
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So essentially Ubisoft will compete with Microsoft in the EU with a paid license vs free license for 10 years but then after 10 years it will revert to Ubisoft, Ubisoft will solely own the license everywhere else outside of EU and charge for it. I think Ubisoft will allow xCloud for a fair price Tbh cause Microsoft has done them a pretty huge solid, Lol.
