Kind of funny how their plan to make sure people don't launch things on other platforms before the Xbox has ended up making people sign exclusivity deals.
Glad it backfired on them, forcing things is not good practice.
Nothing backfired on Microsoft. Those exclusivity agreements were just an inconsequential formality to satisfy the loophole requirement. Even without the clause forcing devs to sign those exclusivity agreements with Sony, those games would still launch later on Xbone, because those devs were already working on PS4 games long before they even got Xbone dev kits. But going forward, Microsoft is basically forcing devs to develop for Xbone first or delay a PS4 version until the Xbone version is finished, if they want to release on Xbone at all. So, the only entity that "wins" in this scenario are Microsoft.
For an example of how this could be limiting for indies, consider this scenario: PS4 pulls away with a sizable installed base lead. Instead of indies developing and releasing a PS4 version first, ensuring the biggest profits come sooner than later, they're forced to dev for the lower ceiling Xbone first, delaying PS4 profits. It's a shitty deal that only benefits Microsoft, unless Xbone somehow becomes the undisputed #1 platform this generation, in which case such a clause would be redundant because then it would make sense for indies to always develop for Xbone first. So, really, this clause is only designed to keep MS ahead or from falling behind on indie releases.
Oh damn. If that sales gap continues to grow in Sony's favor, this could turn out to be disastrous for MS, with indies choosing to forgo XBO completely.
Well, if that happens, obviously Microsoft will have to scrap this clause, just like they scrapped their earlier DRM plans which was a much bigger deal than this. This clause is designed exactly to resist such a situation from happening in the first place.
As for those saying the loophole is closed. Why would Microsoft say this TODAY:
"In instances where games have signed a timed exclusive with another platform, we'll work with them on a case by case basis."
http://www.eurogamer.net/articles/2...ls-loads-of-indie-devs-signed-up-with-id-xbox
Because Microsoft will make exceptions for the biggest games. Imagine if Mojang wanted to develop a Minecraft 2 for PS4 and Xbone, but told Microsoft, "Look. PS4 is quicker to develop for and has a larger installed base. So, we're going to launch the PS4 version as soon as it's ready. Either you're okay with the Xbone version launching later, or we won't bother with your system at all." Do you think Microsoft will say, "Okay. Then you can't make an Xbone version." Of course not. MS will make an exception the same way they made exceptions on XBL game sizes on 360 for the biggest games. See here:
http://www.eurogamer.net/articles/capcom-exceeds-xbla-file-size-limit
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Personal take:
It's shitty clause, but really there's no realistic way it can backfire on Microsoft. If PS4 dominates enough to force Microsoft to get rid it, then PS4 would have dominated without it also. It's like putting on armor. If you sustain a blow so great that it pierces your armor, it would not have been any better had you not been wearing armor at all. The ONLY way I can see it backfiring is if, like gamers, indies sour on Xbox altogether and decide not to dev for the platform out of spite. Sure, some devs may do that, but the majority will do things based on rational financial decisions and continue to develop for Xbone as long as it's profitable.
Also, following the above logic in the section preceding this one, there is still 1 loophole. Create a game important enough to get Microsoft to make an exception.