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Eurogamer: Some Insight into Microsoft's Xbox 360 Content Submission Policy

Kagari

Crystal Bearer
http://www.next-gen.biz/news/microsoft-demands-simultaneous-multiplatform-releases

Microsoft reserves the right to refuse an Xbox 360 release for games that are released first on other platforms, according to reports.

Eurogamer reveals that Microsoft's developer terms also stipulate that the company may also refuse to allow an Xbox 360 release for games that offer more features or content on other platforms.

Microsoft's content submission and release policy reads: "Titles for Xbox 360 must ship at least simultaneously with other videogame platforms, and must have at least feature and content parity on-disc with other platform versions in all regions where the title is available.

"If these conditions are not met, Microsoft reserves the right to not allow the content to be released on Xbox 360."

The terms apply to Xbox Live Arcade games, too, with Microsoft's online content terms stipulating that games "must simultaneously release on Xbox Live Marketplace in all regions where the game is available." Demos, too, "must ship within the same week of its launch on other videogame platforms or via magazines."

Microsoft's vice president of interactive entertainment, Chris Lewis, defended the policy, saying: "We're a little biased, so obviously we're going to look to protect our own space as best we can and get exclusivity…we seek to maximise our own advantage to ensure the playing field is even, and certainly plays to our advantage wherever possible."

Lewis goes on to sound a familiar refrain by saying that the company's restrictive terms benefit its users. "Honestly - and this is going to sound a bit contrived - we just want what our consumers want from us," he said. "We want to be where they want us to be.

"We want the quality bar of what they experience from us to continue to go up. I think it has to happen; everybody's got to do that. If we want to continue to command healthy average selling prices, which we all do, that which we offer our consumers has got to keep getting better."

One publisher, speaking on condition of anonymity, strongly disagreed. "Microsoft is suggesting that anything but parity will result in them not carrying a title," the source said. "They may think this is competitive, but it's not. They are killing any creative exposure of titles to make up for their own platform's shortcomings."

While it is no secret that Microsoft demands exclusivity for Xbox Live Arcade games included in promotions like Summer Of Arcade, the news that it demands feature and release parity across the board is something of a surprise. The claim that it motivated by the needs of its consumers, too, seems a little odd, as it seems designed not to reward those who own Microsoft platforms so much as punish those that do not.

http://www.eurogamer.net/articles/2011-08-24-why-microsoft-wont-publish-psn-firsts
 

gofreak

GAF's Bob Woodward
So basically as a result of this policy...XBLA debuts can make their way to PSN, while PSN games will stay exclusive to PSN - as much because of MS policy as any effort Sony makes.

Hmmm.
 
gofreak said:
So basically as a result of this policy...XBLA debuts can make their way to PSN, while PSN games will stay exclusive to PSN - as much because of MS policy as any effort Sony makes.

Hmmm.

That sounds... Like Microsoft.
 

V_Ben

Banned
gofreak said:
So basically as a result of this policy...XBLA debuts can make their way to PSN, while PSN games will stay exclusive to PSN - as much because of MS policy as any effort Sony makes.

Hmmm.

That's kinda nuts when you think about it. PSN people can look forward to XBLA games after a while, but XBLA only people will never get stuff like Joe Danger. Bizarre :/
 

Rebel Leader

THE POWER OF BUTTERSCOTCH BOTTOMS
gofreak said:
So basically as a result of this policy...XBLA debuts can make their way to PSN, while PSN games will stay exclusive to PSN - as much because of MS policy as any effort Sony makes.

Hmmm.

No PC?
 

Yasir

Member
"we seek to maximise our own advantage to ensure the playing field is even, and certainly plays to our advantage wherever possible."

Maybe a limitation in my English, there's something wrong with that sentence (I think). Oh MS :) the playing field won't be even then.
 

LiK

Member
We're a little biased, so obviously we're going to look to protect our own space as best we can and get exclusivity…we seek to maximise our own advantage to ensure the playing field is even, and certainly plays to our advantage wherever possible."

Makes sense to me.
 

Gowans

Member
I love the fact that stuff is available across all platforms, when MS gets an exclusive they have more control than they should.

Prime example is Left4Dead, as it wasn't out on PS3 they charged for the Free DLC from PC on 360.

but when a game is out on PS3 they can arrange free DLC (MS have a policy where they have to match PSN content prices).
 

gofreak

GAF's Bob Woodward
V_Ben said:
That's kinda nuts when you think about it. PSN people can look forward to XBLA games after a while, but XBLA only people will never get stuff like Joe Danger. Bizarre :/

You know, I'm sure MS makes exceptions. They just 'reserve the right' to refuse a game on that basis.

If it was general policy it's not a good recipe for competitive content access in the long run though, IMO.
 

StuBurns

Banned
I really dislike MGS, so many of their policies are just indications of a company without class or taste.

That's not to say I dislike the console or their games, I don't, but as a first party they're awful.
 

Kagari

Crystal Bearer
StuBurns said:
I really dislike MGS, so many of their policies are just indications of a company without class or taste.

That's not to say I dislike the console or their games, I don't, but as a first party they're awful.

They've also raised their minimum print order from 30,000 to 50,000 for disc-based games in NA, making them into somewhat of an 'elitist club' that small publishers can't be apart of.
 

Coxy

Member
Glass Rebel said:
Well, it makes sense for Microsoft and 360-only users I guess.

This makes no sense for 360 only users Microsoft are costing them games in the name of strongarming developers
 
El Rauha said:
"we seek to maximise our own advantage to ensure the playing field is even, and certainly plays to our advantage wherever possible."

Maybe a limitation in my English, there's something wrong with that sentence (I think). Oh MS :) the playing field won't be even then.

Was thinking the same, English must be difficult for them.
 

Kafel

Banned
Sounds fair to me.

I guess there will be people here that don't want parity of content or simultaneous releases.
 

Kafel

Banned
Coxy said:
This makes no sense for 360 only users Microsoft are costing them games in the name of strongarming developers

It gives them the right to refuse a release. I don't see why they'd refuse royalties.

You are reading too much into it.
 

Orayn

Member
Kagari said:
They've also raised their minimum print order from 30,000 to 50,000 for disc-based games in NA, making them into somewhat of an 'elitist club' that small publishers can't be apart of.
This disturbs me a lot more than the timed exclusives business. Why would they do such a thing?
 

Kafel

Banned
Kagari said:
They've also raised their minimum print order from 30,000 to 50,000 for disc-based games in NA, making them into somewhat of an 'elitist club' that small publishers can't be apart of.

As the install base grows and XBLA/XBLIG exist, I'm not sure that it's an "elitist" message they want to convey.
 

Kagari

Crystal Bearer
Orayn said:
This disturbs me a lot more than the timed exclusives business. Why would they do such a thing?

I can probably find out, but it's definitely kept companies like NISA away from the platform.
 
I guess Microsoft use it as an ultimatum for devs looking to make a PS3 exclusive. They can basically say "You can either make it for the 360 now or never be able to". They can also say "well, if you can only develop for one platform, make it for 360 so you can then port it others somewhere down the line".

Seems a bit dumb to me but I guess it's working for them. Live Arcade has more exclusives than PSN.
 

TTP

Have a fun! Enjoy!
Another question would be: how does this affect PS3 development? Do multiplatform devs cut features from PS3 version to please MS?

I guess Move support is not considered as an extra feature as there have been quite a few Move supporting games released on both platforms simultaneously.
 
I guess they were fine with Just Cause 2 not having the same recording and YouTube features as the PS3 version, or the latest Tiger Woods game having Move support, but no Kinect support.
 

Panajev2001a

GAF's Pleasant Genius
I did not know they outsourced internal policy making out to this figure:
catbert.jpg
 
I bet Sony has the same policy. Nonetheless cue yet another bitter thread of MS bashing on neogaf.

Besides that, 360 is doing very well and actually seems to be gaining momentum over time, and XBLA lineup seems noticeably superior to PSN from what I know, so it's not hurting them.

I cant really think of a single example where this applies as far as disc games, nor much on the reverse side either. Mass Effect is the only one that comes to mind as coming to PS3 later than 360, but it didn't sell well anyway so maybe it proves that MS is right? The only other title that really comes to mind is MGS4. It would seem to preclude that title ever coming to 360, but there's really little else on PS3 that would even seem feasible or desirable to bring over.

Besides all of the above, I thought this policy was fairly standard throughout video game history? EG, console makers always require at least "extra content" if they get a late port, including Sony and Nintendo. Also, that would probably be a easy run around the policy, instead of "exact same MGS4" on 360, if it happened you'd get some sort of bonus content, so now it's a "different" game and the policy doesnt apply? I dont recall pretty much ever any console getting a late port from another without said "bonus content"...

Beyond that, it actually seems like it could be a semi smart policy, if a bit monopolistic, for throwing ones weight around, of course it's success hinges on whether you have the weight to throw around. For all we know, maybe lets say FF13 would have been 6 months late on 360 if not for this policy. But SE looking at it could have thought, hey we want those 360 sales (the weight), so we have to do what MS says.
 

TheOddOne

Member
I would not be suprised if the other 2 had the same policy.

Linkage
Sony as you know has a strong line up of Playstation 3 exclusive series such as Killzone, LittleBigPlanet and Infamous, recently they have now been critizing platform exclusiveness and has “warned” that it limits the games’ marketing potential.

“When you make a title exclusive, you limit its promotional power; we don’t want to do that,” Sony brand manager Scott McCarthy said. “We want games to be as big as possible — it’s great for the industry. We work very closely with our [third party] publishers, not necessarily to lock down games exclusively, but to lock up exclusive parts of games.”

Sony feels the best way to go about it is release all the same games on every console but then have exclusive DLC. As multiplatform titles with platform exclusive DLC has been on the rise for a while now. The best examples include Xbox 360 exclusive Call of Duty and Fallout DLC as well as PlayStation 3′s exclusive Dante’s Inferno and Dead Space DLC.
 

mclem

Member
I'm turning this over in my head trying to reason if this is a net gain for their customers or not. I think the conclusion I came to is yes, it is, but I don't *like* how they do it.

Advantages of this system:
The games that *do* come out will either be first or simultaneous with PSN. Some of those may never be viable for PSN after the XBLA release.

Disadvantages of this system:
Some games will stick with PSN, and customers won't ever get them.


I tell you what in particular bothers me about this - this sort of heavyhandedness reminds me of early 90's Nintendo, and that's not necessarily the best long-term strategy.
 
TelemachusD said:
I guess they were fine with Just Cause 2 not having the same recording and YouTube features as the PS3 version, or the latest Tiger Woods game having Move support, but no Kinect support.


They can use it as a basis to reject the title.
 

StuBurns

Banned
Y2Kev said:
Wow, he really has lost a lot of weight, I just assumed people were overreacting because he's been skinny as long as I've really had Apple stuff.

Although I agree with what he said in that video, even MS to this day which of course that video doesn't speak to, but I didn't really mean the same thing. He's talking about creating a better product by having a shared vision informed by good taste. It's the platform as a service I was complaining about. Their rules show a lack of compassion for their peers and their users. Shatter is incredible, it should be on XBLA, their user base should be allowed it.
 

gofreak

GAF's Bob Woodward
TheOddOne said:
I would not be suprised if the other 2 had the same policy.

Linkage

AFAIK Sony is fine about late ports as long as you throw in a bit of extra stuff over the original. They don't threaten the possibility of never getting on PSN if you don't release the game from day one on PSN - of course they make their own arrangements to get exclusives and debuts, but they don't use that stick to do it, or so it seems.
 

TheOddOne

Member
gofreak said:
AFAIK Sony is fine about late ports as long as you throw in a bit of extra stuff over the original. They don't threaten the possibility of never getting on PSN if you don't release the game from day one on PSN - of course they make their own arrangements to get exclusives and debuts, but they don't use that stick to do it, or so it seems.
Ofcourse, but then again the whole EA deal they did before for Dead Space, MOH ect really fit what they are saying.
 
I can't fault them really. If I were in charge there I'd want the same thing for my users: day and date parity, timed exclusivity, full exclusivity or content that makes our version the definitive version. And if I had the success behind my service to make not passing content a real threat to stop my competitors gaining timed exclusives or whatever, I'd use that too.
 

V_Ben

Banned
gofreak said:
AFAIK Sony is fine about late ports as long as you throw in a bit of extra stuff over the original. They don't threaten the possibility of never getting on PSN if you don't release the game from day one on PSN - of course they make their own arrangements to get exclusives and debuts, but they don't use that stick to do it, or so it seems.

Aye, that's what I remember too. Vampire Rain and Eternal Sonata came over to PS3 with more content than the original 360 release. We see games come from 360 to PS3 a decent amount, like the two mentioned earlier, and of course the DD titles that come to PSN after a bit.

But this is certainly harsh on 360 only people. They're going to miss out on great games because MS won't allow late ports, although I'm sure they're willing to make exceptions.
 

ULTROS!

People seem to like me because I am polite and I am rarely late. I like to eat ice cream and I really enjoy a nice pair of slacks.
The only game that I could think of that are late PS3 ports that have little-to-no added content are Braid and Star Ocean 4 (just added additional voiceovers and menu interface, making it "international").
 

ruttyboy

Member
Probably a stupid question, but what is stopping people releasing 'unlicensed' games? Just printing up the discs themselves and cutting deals with retailers directly?

Is it that there's some copy protection function on the disc that would be illegal to replicate without permission?
 

Leflus

Member
Huh. The original article paints a different picture.
Downloadable games must ship on Xbox Live Arcade at least simultaneously with competing platforms or Microsoft may refuse to publish them, Eurogamer can reveal.
 

see5harp

Member
I wonder how many times this has worked out in their favor though. This prevents 3rd parties from signing timed exclusivity deals for PSN release so who knows whether it's helped them. Yea Joe Danger is a great game, which I paid happily for on PSN. Sequel coming to XBLA though.
 

BeeDog

Member
ruttyboy said:
Probably a stupid question, but what is stopping people releasing 'unlicensed' games? Just printing up the discs themselves and cutting deals with retailers directly?

Is it that there's some copy protection function on the disc that would be illegal to replicate without permission?

No, it's because for each copy that's sold, you have to pay a royalty to the console manufacturer. Otherwise the company (MS/Sony/N) won't earn anything from game sales.
 
gofreak said:
So basically as a result of this policy...XBLA debuts can make their way to PSN, while PSN games will stay exclusive to PSN - as much because of MS policy as any effort Sony makes.

Hmmm.

Well it's not a steadfast refusal. They simply have the discretion to refuse a 360 release if they want to. They can still make exceptions.

Makes perfect sense to do from Microsoft's perspective and considering the stranglehold they have on most 3rd party devs, they are in a strong enough position of power to do so.
 

ruttyboy

Member
BeeDog said:
No, it's because for each copy that's sold, you have to pay a royalty to the console manufacturer. Otherwise the company (MS/Sony/N) won't earn anything from game sales.

That's missing the point. I'm asking what is preventing people from not paying any royalties, what's the legal angle?
 
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