Now stressing that gaming is a global market. Creators are looking to reach a global audience with the game they are building. Lifeblood of business is to build a platform that creators want to make games for.

🧵98/X

— Florian Mueller (@FOSSpatents) June 23, 2023

Sony has done a number of acquisitions even in the time since Microsoft announced this deal, the largest one of which was Bungie, maker of Destiny. Announced about a month after Microsoft's agreement with Activision.

🧵100/X

— Florian Mueller (@FOSSpatents) June 23, 2023

Sony has an exclusive marketing deal for Final Fantasy XVI, so they are marketing as a console.-exclusive. One of the biggest franchises. Final Fantasy XVI i's not available for Xbox.

🧵102/X

— Florian Mueller (@FOSSpatents) June 23, 2023

After the break the FTC now gets back to what Phil Spencer said under oath before the lunch break.

FTC wants him to know whether he can swear this for the next 10 years for all CoD versions and regardless of terms of contract.

🧵104/X

— Florian Mueller (@FOSSpatents) June 23, 2023

FTC wants Phil Spencer to confirm that he will ship CoD only subject to reaching an agreement.

Phil Spencer says the goal is to ship on all future versions, but he can't even know whether there will be future versions.

🧵106/X

— Florian Mueller (@FOSSpatents) June 23, 2023

Phil Spencer explains that when they announce they have a new game and a PS version, the PS team accepts that.

FTC now also wants to know whether he can promise that for Diablo.

🧵107/X

— Florian Mueller (@FOSSpatents) June 23, 2023

What about Diablo? Is he able to promise?

"I am *able* to promise" - Spencer says, meaning that it is something he is empowered to do, not that he will do.

Are you able to bind the corporation here today?

Microsoft lawyer objects.

Judge – "why don’t we move along."

— Michael Acton (@MActon93) June 23, 2023