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Microsoft / Activision Deal Approval Watch |OT| (MS/ABK close)

Do you believe the deal will be approved?


  • Total voters
    886
  • Poll closed .
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DeepEnigma

Gold Member
The whole third party monitoring is crazy. What are you going to do, create a company whose job is spending their time playing countless hours of COD every year, every update, every battle pass?

How do you enforce such a thing? There would have to be a lot of leeway for MS and for the company.

It’s just stupid as fuck. Also who pays, MS? Oh so the company will have little incentive to take MS to task. And if they do and MS thinks they are unfair what happens? Hire another company? And then who monitors the company, the CMA?

Sounds like a very complex solution with a high chance of failure.
It's pure lunacy, but fitting for this clown world timeline we are in.

It's all posturing. "We tried to do our part and put terms in place to protect the market and consumers. We don't understand what happened."

All things like this do is give the perception that effort was made and provides them someone else to blame when it doesn't play out that way.
Curb Your Enthusiasm Bingo GIF by Jason Clarke
 
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Bojanglez

The Amiga Brotherhood
Except that's not what they would need to develop. CoD isn't important because it's a modern military style FPS. CoD was the right game at the right place at the right time. You get there by accident more than on purpose.

Microsoft couldn't do it so they're buying it. To turn around and say Sony can just do it in any timeframe is disingenuous. That's not how this works.
Also the actual cost and the opportunity cost of having to create a new CoD in a 10 year timeframe and have it established to a point where it is competitive at the end of that 10 year deadline is hard to calculate and impossible to guarantee. If it is so easy, why has nobody else ever done it?
 
I dont see There.

This is simply MS exposing to the CMA the contractual proposal of the 10 years and how this would solve the concerns regarding the effects on the console market (on PlayStation more precisely).

MS is explaining to CMA that this is a sufficient period for Sony to not be able to claim any damage and appease his fears of losing COD in the short to medium term. I remember, an agreement that not only implies the launch of COD on Ps5, but also equality in time, content, characteristics and quality...
MS also reaffirms there that its intention and incentive to maintain multiplatform COD in 10 years will be the same.

Yeah it makes sense. MS has no intention of removing CoD. However they don't want to make a forever deal, lengthwise they are going by precedent set forth by the CMA. Also this shows they are open to negotiation on the length.

Let's be real if 80 to 90 percent of the CoD gamers play the franchise via Game Pass in 11 or 12 yrs then MS wouldn't give a flying fuck about the game also coming to PS6 or PS7. At that point it doesn't hurt MS marketshare. They are all in on sub services
 
The whole third party monitoring is crazy. What are you going to do, create a company whose job is spending their time playing countless hours of COD every year, every update, every battle pass?

How do you enforce such a thing? There would have to be a lot of leeway for MS and for the company.

It’s just stupid as fuck. Also who pays, MS? Oh so the company will have little incentive to take MS to task. And if they do and MS thinks they are unfair what happens? Hire another company? And then who monitors the company, the CMA?

Sounds like a very complex solution with a high chance of failure.
It's not. The company I work for had to hire a 3rd party ambassador to ensure they are following anti-competitive law. They've had them for about 5 years & no issues. They are pretty much like teacher(s) that grades papers and a bunch of lawyers that make sure everything is being followed.
 

jm89

Member
The whole third party monitoring is crazy. What are you going to do, create a company whose job is spending their time playing countless hours of COD every year, every update, every battle pass?

How do you enforce such a thing? There would have to be a lot of leeway for MS and for the company.

It’s just stupid as fuck. Also who pays, MS? Oh so the company will have little incentive to take MS to task. And if they do and MS thinks they are unfair what happens? Hire another company? And then who monitors the company, the CMA?

Sounds like a very complex solution with a high chance of failure.
This is why I believe if CMA doesn't delay their decision date, there is a high chance this is getting blocked.

Everything is indicating the behavioural remedies being tricky and more strict for the CMA to accept, so surely they would need more time to negotiate? Especially with a less strict EU needing 2 extensions to their decision date.
 

gothmog

Gold Member
Also the actual cost and the opportunity cost of having to create a new CoD in a 10 year timeframe and have it established to a point where it is competitive at the end of that 10 year deadline is hard to calculate and impossible to guarantee. If it is so easy, why has nobody else ever done it?
They're probably hoping they'll try.
 

wolffy71

Banned
Zenimax is SP games, and has no monetization.
COD on other hand is golden monetization machine.
Making it exclusive would minimize those profits.
It really doesn't get any more obvious than this.

GAAS are designed to achieve volume. Lots of development to create constant content. It requires mass market saturation to work.

Making COD, at least Warzone, exclusive just ruins the entire concept.
 
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Darsxx82

Member
The whole third party monitoring is crazy. What are you going to do, create a company whose job is spending their time playing countless hours of COD every year, every update, every battle pass?

How do you enforce such a thing? There would have to be a lot of leeway for MS and for the company.

It’s just stupid as fuck. Also who pays, MS? Oh so the company will have little incentive to take MS to task. And if they do and MS thinks they are unfair what happens? Hire another company? And then who monitors the company, the CMA?

Sounds like a very complex solution with a high chance of failure.

It is not a new solution. The creation of a third regulator has already been accepted by EU regulator previously ( Windows browser conflict?) to convince the EU (pre Brexit) and that is why MS goes to it again.

the CMA is not very convinced in beavoral solutions that require continuous control and cost on their own part. With this solution, the CMA would not have to do anything and would only be informed in case of non-compliance with the terms of the contract. It is an attempt to convince the CMA that 10 year remedy are sufficient for the case.
 
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Ozriel

M$FT
It seems abundantly clear that Microsoft plan to make COD exclusive. No matter the PR they put out, not wanting to expand the licensing deal beyond a specified term is telling.

Especially when you think back to the first offer of 3 years.

The only thing that is abundantly clear is Microsoft’s unwilling to extend the deal past 10 years, and that’s perfectly understandable. Nobody wants perpetual binding contracts over their heads.

Apparently divesting CoD and associated studios is too complex

But auditing parity through a third party company isn’t

Yes, digital foundry comparing versions of games on multiple platforms is orders of magnitude more difficult than divesting multiple studios with multiple inter-dependencies 🙄
 

Ozriel

M$FT
The whole third party monitoring is crazy. What are you going to do, create a company whose job is spending their time playing countless hours of COD every year, every update, every battle pass?

How do you enforce such a thing? There would have to be a lot of leeway for MS and for the company.

It’s just stupid as fuck. Also who pays, MS? Oh so the company will have little incentive to take MS to task. And if they do and MS thinks they are unfair what happens? Hire another company? And then who monitors the company, the CMA?

Sounds like a very complex solution with a high chance of failure.

Where’s the complexity?
Digital Foundry - for example - already has a pipeline for comparing versions of games. All you have to do is hand out demos and release candidates for them to review.

The third party company will be paid by Microsoft. It’s also strange to paint a conspiracy theory of them conspiring with MS, when Sony also has a pathway to take complaints directly to the EU/CMA
 
Do you think Bethesda was going to make these games Xbox exclusive before they bought them? You're arguing in bad faith that Bethesda didn't want their game on the highest selling consoles in current year. It's illogical.
No title is guaranteed to any platform. No one thought Street Fighter 5 would not come to Xbox when 4 did. Same for the Final Fantasy games. It would be illogical to think that right? Well looks like times change. No one thought Minecraft would be expanded not made exclusive when MS bought Mojang. Point is no one know what would happen with any game especially when a company pays for its development just like when Sony did for Street Fighter right? Being entitled in this space will lead to disappointment. Business is business.
 

Bumblebeetuna

Gold Member
Shouldn’t we all be fine with MS telling the CMA that Sony has a decade to make a CoD for themselves? Isn’t “adapt and compete” the BS we were all hearing about why MS shouldn’t be able to buy ABK? I think Sony having ten years to take the developer they just paid billions for that excels at shooters and make a CoD competitor is a prime example of “adapt and compete” but shockingly it seems some in the thread still don’t think that’s fair 🤔
 

DryvBy

Member
No title is guaranteed to any platform. No one thought Street Fighter 5 would not come to Xbox when 4 did. Same for the Final Fantasy games. It would be illogical to think that right? Well looks like times change. No one thought Minecraft would be expanded not made exclusive when MS bought Mojang. Point is no one know what would happen with any game especially when a company pays for its development just like when Sony did for Street Fighter right? Being entitled in this space will lead to disappointment. Business is business.

"No one knows" also indicates you don't know if it was coming to PlayStation. So don't discredit the thought that it was taking away when you don't know either.

People come to their conclusion it was because, as Microsoft admits, the Xbox is the losing platform and, as others have pointed out to defend Microsoft in regards to them removing COD from PS, why would company X leave money on the table to support a lesser popular device? It's illogical to take multiple titles off the platform. If it was just one, maybe you'd have an argument. But multiple? I don't buy your snake oil.
 

FlyyGOD

Member
No title is guaranteed to any platform. No one thought Street Fighter 5 would not come to Xbox when 4 did. Same for the Final Fantasy games. It would be illogical to think that right? Well looks like times change. No one thought Minecraft would be expanded not made exclusive when MS bought Mojang. Point is no one know what would happen with any game especially when a company pays for its development just like when Sony did for Street Fighter right? Being entitled in this space will lead to disappointment. Business is business.
These are the same guys who justified Street Fighter 5 being exclusive because Sony funded it. Now that MS is funding Starfield they see a problem with exclusivity.
 

Mr Reasonable

Completely Unreasonable
This is exactly what Sony are saying may happen and regulators are looking into, worried that MS will start charging so much for the right to have CoD on other services that it would not be feasible in reality for others to have it. I guess the regulators will either want to see
  • Is CoD really that important to that market?
  • If so, could a mechanism be put in place to stop this behaviour (e.g. divestiture, monitoring with arbitration etc.)
I don't think all regulators will just trust MS when they say "but it's not in our interests to take not make it available" because that is so vague and fluffy it doesn't really mean anything.

Was just a joke about Sony wanting to hike the price of games.
 

Ozriel

M$FT
You people are seriously entertaining this.
Ha Ha Smile GIF by The Tonight Show Starring Jimmy Fallon

‘Seriously entertaining’ a formal proposal made by Microsoft to the CMA?

Wut?

PS: Digital Foundry was used as an example…definitely not proposing MS uses them. Key point being made is that it really only takes days to do a parity comparison, especially if the third party is involved somewhat in the development process.
 

Topher

Gold Member
"No one knows" also indicates you don't know if it was coming to PlayStation. So don't discredit the thought that it was taking away when you don't know either.

People come to their conclusion it was because, as Microsoft admits, the Xbox is the losing platform and, as others have pointed out to defend Microsoft in regards to them removing COD from PS, why would company X leave money on the table to support a lesser popular device? It's illogical to take multiple titles off the platform. If it was just one, maybe you'd have an argument. But multiple? I don't buy your snake oil.

We know for a fact that Bethesda wasn't considering Starfield to be an Xbox exclusive until Bethesda was acquired by MS. Peter Hines confirmed it in an interview.

There were never any conflicts of interest, no, no. no. Early access to their hardware, first party dev scripts passed off as analysis, etc..

lol.....i get what you are saying, but I would say that the CMA would probably view DF as an unbiased member of the UK media.

These are the same guys who justified Street Fighter 5 being exclusive because Sony funded it. Now that MS is funding Starfield they see a problem with exclusivity.

That's not the point being made here. Starfield can be used as an example of a game that wasn't slated for exclusivity pre-acquisition. Similarly Minecraft is an example of a game that remained multiplatform. So there is precedence either way.
 
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quest

Not Banned from OT
There were never any conflicts of interest, no, no. no. Early access to their hardware, first party dev scripts passed off as analysis, etc..
I think the point is it is hardly an issue to measure if there is parity between versions. We have countless people who already do game performance analysis.
Sony just doesn't want this on gamepass. Also lose those perks of the marketing deal no longer having the better version.
 

DrFigs

Member
Shouldn’t we all be fine with MS telling the CMA that Sony has a decade to make a CoD for themselves? Isn’t “adapt and compete” the BS we were all hearing about why MS shouldn’t be able to buy ABK? I think Sony having ten years to take the developer they just paid billions for that excels at shooters and make a CoD competitor is a prime example of “adapt and compete” but shockingly it seems some in the thread still don’t think that’s fair 🤔
It does seem that the 10 year deal and MS paying a third party to ensure parity address some major concerns. The only things left to be addressed, imo, are the cloud issues and parity on subscription services. but I think MS is showing that the deal could easily go through with some more behavioral remedies.
 

Bumblebeetuna

Gold Member
These are the same guys who justified Street Fighter 5 being exclusive because Sony funded it. Now that MS is funding Starfield they see a problem with exclusivity.

They’ll even claim SFV, a sequel to one of Capcoms most profitable games, would never have even happened without Sony money. Imagine if someone said the next Elder Scrolls needed MS money or Bethesda wouldn’t have risked it 😆

They’ll also claim Spencer is being hypocritical about exclusives when the reality is, per usual, they selectively quote or take comments out of context. He has said plenty of times that he doesn’t like timed exclusive deals but that he has to do them because that’s where the industry is. He also said he doesn’t like timed exclusive deals for pieces of content and AFAIK MS hasn’t done those in years. Meanwhile Sony does it with practically every third party game it seems.
 

DrFigs

Member
They’ll even claim SFV, a sequel to one of Capcoms most profitable games, would never have even happened without Sony money. Imagine if someone said the next Elder Scrolls needed MS money or Bethesda wouldn’t have risked it 😆

They’ll also claim Spencer is being hypocritical about exclusives when the reality is, per usual, they selectively quote or take comments out of context. He has said plenty of times that he doesn’t like timed exclusive deals but that he has to do them because that’s where the industry is. He also said he doesn’t like timed exclusive deals for pieces of content and AFAIK MS hasn’t done those in years. Meanwhile Sony does it with practically every third party game it seems.
I think you're misremembering what capcom was like at that time, and how poorly Street Fighter x Tekken did. Recall for example, Capcom made Dead Rising 3 exclusive to xbox one.
 
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DrFigs

Member
Disagree, as most recent Zenimax arguments have been about how Starfield, Redfall, HiFi would 100% have been on PS5. Many here have a problem with the exclusivity.
The reason this is brought up is usually because of Microsoft's statements about what their incentives are. They clearly have an incentive to make future COD games exclusive despite what they're telling regulators, just like they had incentives to make Bethesda games exclusive despite what they told to regulators back then.
 

DeepEnigma

Gold Member
The reason this is brought up is usually because of Microsoft's statements about what their incentives are. They clearly have an incentive to make future COD games exclusive despite what they're telling regulators, just like they had incentives to make Bethesda games exclusive despite what they told to regulators back then.
The FTC, one of the regulators brought them up themselves, as well as the CMA. 🤷‍♀️

Revisionist history and obtuse arguments.
Reading comprehension and the lack thereof.
 
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Topher

Gold Member
Disagree, as most recent Zenimax arguments have been about how Starfield, Redfall, HiFi would 100% have been on PS5. Many here have a problem with the exclusivity.

As examples of past behavior in the context of what Microsoft would do with Call of Duty and other Activision games as well as the debate over whether MS was misleading in its arguments to regulators in the Bethesda acquisition. Not a "problem with the exclusivity" itself.
 

Ozriel

M$FT
As examples of past behavior in the context of what Microsoft would do with Call of Duty and other Activision games as well as the debate over whether MS was misleading in its arguments to regulators in the Bethesda acquisition. Not a "problem with the exclusivity" itself.

Other Activision games aren’t up for discussion, though. Just Call of Duty.
 

Elios83

Member
It does seem that the 10 year deal and MS paying a third party to ensure parity address some major concerns. The only things left to be addressed, imo, are the cloud issues and parity on subscription services. but I think MS is showing that the deal could easily go through with some more behavioral remedies.
To address the concerns they would need to commit to a significant amount of strict behavioural remedies they're clearly not committing to at this stage.
It's clear that CMA is concerned about what happens after 10 years and Microsoft's answer has been really poor because they don't want to commit about a possible extension, they think it's uneeded and they're even suggesting that 10 years is enough for competitors to find alternatives so it's not exactly what the CMA had in mind.

To satisfy CMA they would need to offer access to COD at enforceable parity, on competitors subscription services at viable prices, with a third party independent entity monitoring the business, with the option of the 10 years license to get extended if the anticompetitive concerns still stay after a market revaluation.
If Microsoft can accept all this stuff they could sway CMA otherwise chances are poor.
 
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Ozriel

M$FT
The reason this is brought up is usually because of Microsoft's statements about what their incentives are. They clearly have an incentive to make future COD games exclusive despite what they're telling regulators, just like they had incentives to make Bethesda games exclusive despite what they told to regulators back then.

You’d have to qualify that to “future Call of Duty games after the 10 year deal”

Zero incentive to make COD exclusive before 2033 in breach of agreement with the EU/CMA.
 

adamsapple

Or is it just one of Phil's balls in my throat?
You are equating using Starfield's exclusivity as an example with having a problem with its exclusivity. That's just not accurate.

No, I'm not equating any single example, just pointing out that Deep said "Nobody sees a problem with exclusivity, they see a problem with speaking out of both sides of his mouth (Spencer)"

When it is pretty obvious with the last round of the Zenimax acquisition revival that the crux of the argument was that of course all those Zenimax games would be on PS5. That shows that there is a problem with exclusivity.

You can probably say it's a very minor semantics based argument on my part, but just pointing it out.
 
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