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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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RickMasters

Member
The point I'm making is that Spencer wanted to do it, even though it wouldn't make financial sense. Then they foreclosed all Zenimax games. Which doesn't make financial sense either. Especially as most of them don't sell well.

RickMasters RickMasters I misread the first part of your post. The rest I stand by.


It may not make finacial sense for them to make zenimax games exclusive in the short term but strategically it makes perfect sense long term. exclusive content will drive subscription services the same way they have sold consoles in the past. in the new gaming biz thats just how its gonna go.
 
This is still a 50:50 tossup TBH. Though I think the FTC was the stronger of the two when it came time for the cloud arguments, they did stumble quite a bit with the console SLC arguments. That part was kinda rough to sit through.

But yeah, it's 50:50 IMO. Ruling could easily go either way at this point.
 
The judge doesn't seem in a hurry to produce her judgement, she sounds like she wants some time to come to a decision. I heard her say something about July 12th being a good time to expect it? Maybe?

The judge seems to be saying a few closing remarks to the lawyers now, but it seems we're basically done for the day.

Thank you to whoever it is that has been streaming this for us on this Kick thing
 

Varteras

Gold Member
lets talk about reality...... And are they exclusive? are you not able to play these games on PS......and switch for that matter?...and PC.?...... I rest my case.....



"Showing a willingness" is pure hypothesis....its not the reality is it? the reality is that you can play those games on PS...so what are you talking about? other than a situation that never came to pass? you can play those games on non xbox platforms...what more do you want? Ms to give you free copies of these things too because some vague phil spencer quote like "gamers should be able to play everywhere" ?what are you complaining about really, other than a situation that never a happend?...."oh well they might have, bevause they bought them for 3bn?....no shit, for 3bn oits worth considering...which is why I dont blame them for keeping games to their own platform at 7bn...or lets say...70 Bn..........but they didnt make anything mojang did exclusive, in reality did they? so what are you talking about.



and yeah for 70Bn...they should tell everybody to jump off a bridge if they dont wanna take them ten year deals. thats biz. thats how I feel about that.

It's not complaining. Don't know where you got that. It shows intent. As I said, an intent they acted on to foreclose every game from an entire publisher. Which, itself, does not make financial sense when many of Zenimax's games struggle to sell and you pulled them from probably their best chance to make money.
 

poppabk

Cheeks Spread for Digital Only Future
Which was? It doesn't have to be 100%. It could be 85/15 with plenty of loopholes to walk. So what was it?
Could have been 50:50 as well right? We don't know. What we do know is that the streaming service deals where MS keep 100% were completely typical and normal for those services and have no bearing on what Nintendo and Sony were offered.
 

Painskiller

Member
Did Sony buy Insomniac or create them? Legit question.
Insomniac is single studio that mostly made games only for PlayStation and ActiBlizz is a huge multi-platform publisher that has always publish on everything. Legit answer.

EDIT: I know that games cost money, but why should I lost games so that you can have 'em in the subscription? Just earn more.
 
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tryDEATH

Member
MS can take a lap of honor here pick up their flowers as this is a shut and closed case.

The one thing I am certain though is that these closing statements should have been argued by console warriors as both sides had so many openings that they didn't capitalize to the point that it could have shifted this case quite a bit in either way.
 

TrueGrime

Member
Why dumb? I think it's great if the deal doesn't happen. Microsoft should create something instead of taking it from others.

Sony has created 7 studios from scratch organically that are running today. Microsoft has created 6. I believe they both have 23 total studios total through acquisitions. These publishers take and will continue taking the same, but why point the finger at one and not the other?
 
It's not complaining. Don't know where you got that. It shows intent. As I said, an intent they acted on to foreclose every game from an entire publisher. Which, itself, does not make financial sense when many of Zenimax's games struggle to sell and you pulled them from probably their best chance to make money.

To be fair to MS on this, IIRC they did give conditions for case-by-case exclusivity. They did mention a game could be made exclusive to Xbox if it could drive system sales beyond a determined point, or Game Pass sub numbers beyond a specific point, without leaving a notable amount of money on the table skipping a multiplatform release.

It's why I personally have not turned to Starfield or even Hifi Rush as examples of them betraying their Zenimax exclusivity arguments because realistically, those games would never have been big sellers even if multiplat. However, both Starfield and Indiana Jones fail to meet the conditions for case-by-case exclusivity, yet they're both Xbox console exclusives.

And really the specifics on this don't matter anymore because it's kind of been shown that all future Zenimax releases will be exclusive to Xbox console-wise anyway. Or at least, that has been very strongly stated as the plan, in those leaked documents. And that's coming from Phil Spencer himself :/
 
no problem! wanted to listen myself so why not give a source for GAF as well 👍
The real MVP in all this.
Kevin Durant Mvp GIF by NBA
 

Varteras

Gold Member
It may not make finacial sense for them to make zenimax games exclusive in the short term but strategically it makes perfect sense long term. exclusive content will drive subscription services the same way they have sold consoles in the past. in the new gaming biz thats just how its gonna go.

Do you then trust Microsoft to not foreclose to try and drive up subs? That's kinda what we're talking about here. If Microsoft can be trusted to not foreclose on competitors in a way that does not make immediate financial sense when they have the money to do it.

Could have been 50:50 as well right? We don't know. What we do know is that the streaming service deals where MS keep 100% were completely typical and normal for those services and have no bearing on what Nintendo and Sony were offered.

Which we don't know what that was, correct?
 

Varteras

Gold Member
To be fair to MS on this, IIRC they did give conditions for case-by-case exclusivity. They did mention a game could be made exclusive to Xbox if it could drive system sales beyond a determined point, or Game Pass sub numbers beyond a specific point, without leaving a notable amount of money on the table skipping a multiplatform release.

It's why I personally have not turned to Starfield or even Hifi Rush as examples of them betraying their Zenimax exclusivity arguments because realistically, those games would never have been big sellers even if multiplat. However, both Starfield and Indiana Jones fail to meet the conditions for case-by-case exclusivity, yet they're both Xbox console exclusives.

And really the specifics on this don't matter anymore because it's kind of been shown that all future Zenimax releases will be exclusive to Xbox console-wise anyway. Or at least, that has been very strongly stated as the plan, in those leaked documents. And that's coming from Phil Spencer himself :/

The point I'm making is that there is a good reason why people should be entirely skeptical of what they'll do.
 

This wasn't even the trial. It was a hearing to grant or deny a preliminary injunction to prevent Microsoft from acting on the pending acquisition before an actual trial can take place.

If there is to be an actual trial, and that will be a big if, then it would likely not be until August or September (as the judge noted). But there will be no need for a trial if the last deadline for the current acquisition agreement passes without the deal consummating and the two parties do not attempt to renew the agreement. That date is July 18th. Going from Bobby Kotick's statements during this hearing, it doesn't seem all that likely that Activision will want to renew the agreement if it expires.
 

ToadMan

Member
crazy that they can make decisions on it, really shocking

The “gamer’s” lawsuit is brought by enthusiasts who understand what’s what.

This judge has dismissed their suit 2 times so far…

Wasn’t it Wittgenstein who said

“If a Lion could speak, we still couldn’t understand him”

I think this judge and gamers maybe fit the same bill 🤣🤣🤣

I guess we really are a crazy echo chamber of nerds no matter how much we demand to be considered mainstream.
 

TrueGrime

Member
To be fair to MS on this, IIRC they did give conditions for case-by-case exclusivity. They did mention a game could be made exclusive to Xbox if it could drive system sales beyond a determined point, or Game Pass sub numbers beyond a specific point, without leaving a notable amount of money on the table skipping a multiplatform release.

It's why I personally have not turned to Starfield or even Hifi Rush as examples of them betraying their Zenimax exclusivity arguments because realistically, those games would never have been big sellers even if multiplat. However, both Starfield and Indiana Jones fail to meet the conditions for case-by-case exclusivity, yet they're both Xbox console exclusives.

And really the specifics on this don't matter anymore because it's kind of been shown that all future Zenimax releases will be exclusive to Xbox console-wise anyway. Or at least, that has been very strongly stated as the plan, in those leaked documents. And that's coming from Phil Spencer himself :/

I firmly believe multiplayer games will remain multiplat and single player games will go exclusive. I don't see MS taking games like CoD, Elder Scrolls Online, Minecraft, Diablo, exclusive. However, single player games will sell subs as well as consoles.
 
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"Hey, yall don't have the sheer fuckton of money they do, but you held your own."

Reminds me of a movie where someone said "The rich are different.." I can't remember what that damn movie was.
 

VAVA Mk2

Member
"Hey, yall don't have the sheer fuckton of money they do, but you held your own."

Reminds me of a movie where someone said "The rich are different.." I can't remember what that damn movie was.
The Great Gatsby....it was a book first and one usually taught in American middle or high schools...
 
Insomniac is single studio that mostly made games only for PlayStation and ActiBlizz is a huge multi-platform publisher that has always publish on everything. Legit answer.

EDIT: I know that games cost money, but why should I lost games so that you can have 'em in the subscription? Just earn more.
It was a yes or no question
 
they created spiderman thanks to their negotiations with Marvel, so ya, they made Insomniac who they are today....they have a 30 million seller instead of a 2 mill one.
I’m not stupid, insomniac also created sunset overdrive which is not on PlayStation. Maybe you misunderstood my question, I’m asking did Sony create Insomniac from the ground up
 
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poppabk

Cheeks Spread for Digital Only Future
Which we don't know what that was, correct?
You said that the 10 year deals were not the typical 70:30 split. For Nvidia style streaming platforms they never get a 70:30 split because they don't sell anything other than renting out hardware. Not sure why you are being so obtuse instead of just admitting this fact. I don't know what contract was offered to Sony and Nintendo. There I admitted it. Can you admit that your post made a completely incorrect extrapolation. If it helps you can point out that the deals offered to console makers are likely very different to those offered to cloud providers, suggesting they might be different markets.
 

Varteras

Gold Member
You said that the 10 year deals were not the typical 70:30 split. For Nvidia style streaming platforms they never get a 70:30 split because they don't sell anything other than renting out hardware. Not sure why you are being so obtuse instead of just admitting this fact. I don't know what contract was offered to Sony and Nintendo. There I admitted it. Can you admit that your post made a completely incorrect extrapolation. If it helps you can point out that the deals offered to console makers are likely very different to those offered to cloud providers, suggesting they might be different markets.

You are focusing way too hard on revenue split, when the basis for the conversation, before you jumped in, was about timelines.

I said to never trust a company to not try to get out of something 5 years from now. To which I was told that's what their 10-year deals are for. Which I then asked if they were referring to the same 10-year deals that give Microsoft a wide option to exit when they want. In addition to the terrible revenue split.

My conversation was way more about timelines and the option to unilaterally walk from the deal. Meaning those 10-year deals aren't impressive to prevent that.
 
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