ok FTC v. Microsoft is kicking off. Follow along here https://t.co/aPQgk9JU8L
— Tom Warren (@tomwarren) June 22, 2023
ok FTC v. Microsoft is kicking off. Follow along here https://t.co/aPQgk9JU8L
— Tom Warren (@tomwarren) June 22, 2023
FTC: deal also depends on UK. Court there won't decide by July 18.
— Florian Mueller (@FOSSpatents) June 22, 2023
Judge Corley notes FTC could keep suing even if the deal closes.
🧵5/X
FTC says the evidence it will show these days here is "but a fraction" of all the evidence they have.
— Florian Mueller (@FOSSpatents) June 22, 2023
Well, their court filings so far didn't indicate to me that they have a wealth of evidence, but let's see.
🧵6/X
Lmao. More like they're still looking for evidence.
They're essentially asking the judge to imagine a scenario way worse than they can present, Lol.
It's like when people say "This is bad for so many reasons, such as -reason 1- and etc." Because they can't list more than one reason, Lol.
Not listening since I don't have Zoom but ResetEra's thread following along is ripping into the FTC lawyer 🥴
Honestly reading Era's live commentary is probably better than listening to the trial itself
FTC again makes legal argument that contracts with other companies and EC remedies should be deemed legally irrelevant.
— Florian Mueller (@FOSSpatents) June 22, 2023
Even if not, FTC argues legal standard is that any or all doubts about effects of the deal would have to be dispelled.
🧵20/X
Lol.
In almost 20 years, Sony has lead the market no matter how you define it.
— Derek Strickland (@DeekeTweak) June 22, 2023
"You know they want to protect that market because they refuse to allow any of their games...they allow none of their new games on their subscription service day and date"
One company's margin is another person's opportunity. Sony has a big margin, and Xbox is looking for an opportunity to provide more games, to more devices, to more people.
— Derek Strickland (@DeekeTweak) June 22, 2023
MSFT: everyone recognizes in the market that people are moving to mobile. That is why simply they wanted to buy Activision. They had not been successful in the mobile market. Buying Activision is opportunity to have a presence in the mobile market with Candy Crush etc.
— Florian Mueller (@FOSSpatents) June 22, 2023
🧵28/X
Microsoft's counsel now explaining that CoD foreclosure would not make sense, too much of the revenue is generated on PlayStation.
— Florian Mueller (@FOSSpatents) June 22, 2023
🧵30/X
Doesn't make sense to upset all those consumers, the gamers who want to play CoD with their friends.
— Florian Mueller (@FOSSpatents) June 22, 2023
🧵32/X
Microsoft CFO will testify that Microsoft Gaming division will be held to its revenue targets. Executives couldn't look Microsoft's board in the eyes if they withdrew CoD from PlayStation.
— Florian Mueller (@FOSSpatents) June 22, 2023
🧵34/X
FTC expert gives PS 56% market share, Xbox 44%. He focuses just on the U.S. market. Microsoft doesn't agree with the numbers, but even if taken as true, PlayStation would be the dominant player. And FTC expert says the net effect would be: Sony 50.5%, Xbox 49.5%.
— Florian Mueller (@FOSSpatents) June 22, 2023
🧵34/X
Using FTC's own expert witness against them...
Showing Jim Ryan*s email, responding to former Sony CEO, saying that Microsoft's acquisition of ABK was "not an exclusivity play at all".
— Florian Mueller (@FOSSpatents) June 22, 2023
We will continue to see CoD on PS for many years to come.
🧵35/X
Oh Jimbo.
Microsoft says Jim Ryan initially said this of MS-Activision bid in candid email:
— Stephen Totilo (@stephentotilo) June 22, 2023
"It is not an exclusivity play at all. They’re thinking bigger than that…I’m pretty sure we will continue to see CoD on PlayStation for many years to come
"We’ll be okay. We’ll be more than okay" https://t.co/KxCFGITexJ