"Gamers are incredibly passionate" because of the nature of the experience. Mentions that in connection with not wanting a revolt of gamers by removing a title from a platform.

🧵8/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Judge Corley asked whether someone with an Android phone can play CoD with someone using an iPhone.

Answer was obviously yes.

🧵11/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Would you ever want to take it exclusive?

No

We have 100 million monthly active players, half of them play on phones, rest on various consoles.

"You would have a revolt if you were to remove the game from one platform."

— Michael Acton (@MActon93) June 28, 2023

COD Warzone - "That’s a very important part of how the business has evolved" – realized the way you build big communities of players is to make the game free.

Player investment is in-game monetization. But they don't necessarily have to spend anything.

— Michael Acton (@MActon93) June 28, 2023

Bobby Kotick estimates the percentage of Call of Duty players for each platform

Bulk is on Mobile
20% PC
15% PlayStation
8% Xbox

Interestingly enough, The FTC doesn't want to include PC in their market definition 🤔 pic.twitter.com/tscrLB8CtO

— JayWood2010 (@Jaywood2010) June 28, 2023

Enormous competitive advantage because Sony owns media IP beyond video games (music, movies). Mentions success of Last of Us as @lulumeservey famously highlighted a few months ago as well.

🧵13/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Lawyer - Do you have any concern that Sony will have any difficulty in having a competitive response if deal passes? E.g. developing new games?

Kotick - "They have an enormous amount of development capacity" – own some of the best game developers in the world.

— Michael Acton (@MActon93) June 28, 2023

Have MS ever discussed they want to pull COD from PlayStation?

No – in fact they’ve done the opposite – they’ve always said it’s multi-platform.

— Michael Acton (@MActon93) June 28, 2023

I know that some of you view Bobby Kotick's leadership of Activision critically, but that's another story. Here, as a witness, he comes across as very thoughtful, competent, credible, and confident but down to earth. Really good performance, reinforces some key points.

🧵15/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Kotick says he has never heard of a developer intentionally developing a sub-par version of a game for one platform compared to another.

— Michael Acton (@MActon93) June 28, 2023

Microsoft lawyer asks him whether having special goodies like extra weapons on other platforms is not a means of degrading the game, but just marketing.

Now, I guess Xbox users among you want those PS-exclusive CoD goodies to end.

🧵17/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Judge Corley asks why people pay $15/mth for WoW instead of buying a $70 (for one-time download) game. Bobby Kotick states some reasons and says there aren't very many examples of games for which that model works.

🧵19/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Why is he opposed to COD on subscription services?

"I have a general aversion to the idea of multi-game subscription services, maybe part of it is having watched the big media companies move their content to these subscription streaming services" and businesses have suffered

— Michael Acton (@MActon93) June 28, 2023

Streaming services: they've "experimented with some of them" but it's clear it's not something they're particularly interested in.

🧵21/X

— Florian Mueller (@FOSSpatents) June 28, 2023

"It's not more efficient to process in the cloud." Well, that's what Sony Group's CEO (Jim Ryan's boss) also said not long ago.

🧵23/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Absent the deal, any plans to have CoD streamed?

No.

🧵24/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Do you want this deal to go through?

"Very much… 98 percent of our shareholders voted for the transaction."

— Michael Acton (@MActon93) June 28, 2023

Now FTC asking Bobby Kotick questions (cross-examination). Jennifer Fleury is the lawyer.

🧵25/X

— Florian Mueller (@FOSSpatents) June 28, 2023

FTC trying now to portray CoD as uniquely important. For example, #1 game in U.S. market 13 years in a row.

🧵27/X

— Florian Mueller (@FOSSpatents) June 28, 2023

After getting a long list of CoD successes and records confirmed, the FTC now asks about the Diablo IV record-breaking launch press release (> $666M in 5 days). Bobby Kotick notes Diablo launches only once per decade.

🧵28/X

— Florian Mueller (@FOSSpatents) June 28, 2023

FTC now trying to get clarified that his perspective of not being prepared to degrade CoD (on certain platforms) is that of an independent developer. Yes. But that doesn't mean Microsoft would do something stupid either...

🧵30/X

— Florian Mueller (@FOSSpatents) June 28, 2023

It's clear that the FTC can't get Bobby Kotick nervous (and they're not trying it specifically). The tones of his answers and the body language are consistent with how he responded to his own counsel's questions. Quiet, thoughtful.

🧵32/X

— Florian Mueller (@FOSSpatents) June 28, 2023

"We have no plans to provide our games to the Sony multi-game subscription service."

Activision hasn’t formally decided against offering content on Nintendo subscription service?

"I wasn’t aware Nintendo had a multi-game subscription service."

— Michael Acton (@MActon93) June 28, 2023

FTC asks whether depending on the terms they might do it. Bobby Kotick says maybe for a limited time, but it's clear that he primarily believes in other revenue models.

They're referring back to his investigational hearing testimony. That was last year.

🧵36/X

— Florian Mueller (@FOSSpatents) June 28, 2023

FTC is trying to catch Kotick with his earlier deposition testimony. There, he said Activision did offer some things through PlayStation's subscription services.

This was limited, he says. "For a small duration of time or for a promotional purpose."

— Michael Acton (@MActon93) June 28, 2023

Older testimony about Game Pass: there's no decision that they'd never offer games on Game Pass, but so far they haven't. Bobby Kotick also explains for him the reason that he doesn't want to do it is principally commercial.

🧵37/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Another pointless attack vector that the FTC chooses: they want to elicit a confirmation that if Microsoft just offered enough money to an independent ABK, they would offer games on a subscription service.

There's nothing they'll be able to prove this way that helps them

🧵38/X

— Florian Mueller (@FOSSpatents) June 28, 2023

Judge Corley – you knew that when you agreed to the merger that MS planned to bring games to Game Pass. Why do that if you thought it didn't make sense?

Kotick says can have philosophical disagreement – but his responsibility is to shareholders.

— Michael Acton (@MActon93) June 28, 2023

FTC confronts Kotick with a 'talking points' doc prepared for him by the company's CCO for discussions with Nvidia.

Discussions to put Activision’s contents back on GeForce Now.

"They weren’t talking points that I actually ever used."

— Michael Acton (@MActon93) June 28, 2023