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Axios (Stephen Totilo) Lawyers: Email proves Microsoft’s ABK bid is designed to elimination (Update: MS claims it was a "thought experiment")

Bumblebeetuna

Gold Member
I stand by that. They will not remove CoD from PlayStation. This isn't even the same argument.

He tried the same gotcha with me. People underestimate how much money MS would make from this deal, especially from the King aspect. They don’t have to remove CoD from PlayStation in order to benefit mightily.
 

Bumblebeetuna

Gold Member
Domination is to get an upper hand over your competitors.
Annihilation is to get the competitors to die off and/or leave the market.

Ok, and you don’t think Sony’s end game is to drive the others out of the market? Who cares if they don’t spend 70B in one deal, they do a “death by a thousand cuts” type strategy and it works. But it’s not ScOrChEd EaRtH enough I guess 😆

It’s business, people.
 

Unknown?

Member
Changing what? Sega was the one who did a much more open platform in contrast with Nintendo, it was Sega of Japan that was jealous, even the "block 2D games" issue from Bernie Stolar was still kept at SIE for many years, they just let pass the higher end ones.

Sony had much more money than Sega and Nintendo combined, at the time Microsoft was around 3-5x times more valuable than them, Sony owned the CD patents and factories, they had a verticailization, technology and money advantage to sell the PS1 at 299 in the west, they could spent 9 figures just for marketing and god knows how much in exclusives.
Difference being that they had to make a good product. Being cheaper doesn't mean you automatically win or the Dreamcast would have steamrolled everyone.

Microsoft did the same that Sony did(by being a much larger company competing with a smaller one) when they entered but they flopped out of the gate and lost tons of money.
 

SmokedMeat

Gamer™
Revisionist history.

Sony even allowed Psygnosis to publish their games on the Saturn for years after purchasing them. Even Tomb Raider was published to Saturn. All things revisionisms forget happened. Sega killed the Saturn. The games were there, the gamers and their strategy/pricing was not.

The 3D era is what killed the 2D built machine.

Oh yeah, they bought Psygnosis and delayed the couple Saturn ports for a year.

Sony didn’t own Tomb Raider. If anything it was the Saturn that Tomb Raider was first revealed on.

Funny seeing you throw the revisionist term around as you try to revise history. No comment on Namco’s games huh? How about Mortal Kombat 3? WWF Wrestlemania Arcade? No mention of why only the Saturn versions were delayed, and Namco wasn’t even on the platform?

The poster I replied to was full of it, and you know it.
 

adamsapple

Or is it just one of Phil's balls in my throat?
It shows intent and sets precedents ... until they change this real recent precedent with bethesda its what we have to support our opinion.. words from phils might enchant you my friend.. not me

Ok but you're still conveniently ignoring that both CMA and EU dismissed the foreclosing argument.

If the perceived intent was a concern, it would have been a factor in not letting the acquisition go through.

Phil's words seem to have enhanced regulatory approval bodies as well.


He tried the same gotcha with me. People underestimate how much money MS would make from this deal, especially from the King aspect. They don’t have to remove CoD from PlayStation in order to benefit mightily.

Yep, and not to beat the dead horse one more time but if 5 people on GAF think the precedent is worth looking into, we can safely assume CMA/EU looked into it as well and they dismissed it.
 

DeepEnigma

Gold Member
Oh yeah, they bought Psygnosis and delayed the couple Saturn ports for a year.

Sony didn’t own Tomb Raider. If anything it was the Saturn that Tomb Raider was first revealed on.

Funny seeing you throw the revisionist term around as you try to revise history. No comment on Namco’s games huh? How about Mortal Kombat 3? WWF Wrestlemania Arcade? No mention of why only the Saturn versions were delayed, and Namco wasn’t even on the platform?

The poster I replied to was full of it, and you know it.
Sega killed the Saturn. It was left in the 3D era dust. More expensive and less performant in the 3D arena.

They shadow dropped it, little to no marketing hype or build up. Everything you do wrong with a system in the 90s.

Ports were delayed because there was no urgency to focus on a system that was not selling well.

Yep, and not to beat the dead horse one more time but if 5 people on GAF think the precedent is worth looking into, we can safely assume CMA/EU looked into it as well and they dismissed it.
Like with their cloud decision?
 
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adamsapple

Or is it just one of Phil's balls in my throat?
Like with their cloud decision?

See, there you go. CMA had an issue with that and are using that to block the acquisition.

They did *not* do that with the foreclosing argument. Bernardougf Bernardougf 's point is moot.

Thanks for having my back, Deep.
strength.png
 
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Sethbacca

Member
Oh yeah, they bought Psygnosis and delayed the couple Saturn ports for a year.

Sony didn’t own Tomb Raider. If anything it was the Saturn that Tomb Raider was first revealed on.

Funny seeing you throw the revisionist term around as you try to revise history. No comment on Namco’s games huh? How about Mortal Kombat 3? WWF Wrestlemania Arcade? No mention of why only the Saturn versions were delayed, and Namco wasn’t even on the platform?

The poster I replied to was full of it, and you know it.
Most of Sega's problems were of their own making. There are plenty of documentaries out there about it but they were basically throwing everything at a wall and seeing what stuck. They had the 32x, 32x CD, Saturn, and then only a few years later the Dreamcast announced because the Saturn was failing hard. Nobody wants to take the time to develop for a failing console, it's half of why MS is having trouble right now.

Realistically any talk about Sega in all of this is pointless because Sega fucked up Sega.
 
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Bernardougf

Gold Member
Ok but you're still conveniently ignoring that both CMA and EU dismissed the foreclosing argument.

If the perceived intent was a concern, it would have been a factor in not letting the acquisition go through.

Phil's words seem to have enhanced regulatory approval bodies as well.




Yep, and not to beat the dead horse one more time but if 5 people on GAF think the precedent is worth looking into, we can safely assume CMA/EU looked into it as well and they dismissed it.

I'll assume, not been a lawyer, that you have to work with tangible numbers and estimates when building a case, so if the CMA tried to prove that MS will foreclosure COD/activion games they would probably have to show hard numbers that validate that from a strict business point of view and not just "evil intentions" to destroy sony ... so they concluded that not matter what they think about whar ms will or not do in the console slc the numbers did not supported their case and they chose to persue the cloud side of things were they could use their data and now numbers to support their case.

But yes CMA and all other regulatory did dismissed this part of the deal, and that changes nothing, since they did it with bethesda and now we are here. The difficult of prove the intention do not make it impossible or even improbable to happening
 

SmokedMeat

Gamer™
Most of Sega's problems were of their own making. There are plenty of documentaries out there about it but they were basically throwing everything at a wall and seeing what stuck. They had the 32x, 32x CD, Saturn, and then only a few years later the Dreamcast announced because the Saturn was failing hard. Nobody wants to take the time to develop for a failing console, it's half of why MS is having trouble right now.

Realistically any talk about Sega in all of this is pointless because Sega fucked up Sega.
Nothing like Sony's entry into the gaming market. Nothing at all.

Sony's vision and technology completely changed the market and made game development a more feasible business. They also got rid of a lot of anticompetitive business practices that Nintendo and SEGA imposed on developers.

This is the comment I replied to, which I pointed out was false. Saturn was brought up because Saturn was the competing console of the time, and Sony locked a lot of games off the platform.
They sure as hell weren’t getting rid of anticompetitive practices.
 

Sethbacca

Member
This is the comment I replied to, which I pointed out was false. Saturn was brought up because Saturn was the competing console of the time, and Sony locked a lot of games off the platform.
They sure as hell weren’t getting rid of anticompetitive practices.
Yeah, but this disregards that Sega was the juggernaut in this fight and Sony was the underdog. I don't remember the specifics but I remember Nintendo in particular used to be SUPER cutthroat about preventing publishers from working on other platforms because they were the 800lb gorilla of the living room. It feels a bit like you're trying to turn into black and white what should be a nuanced conversation. You can't really have the conversation without talking about all of the underlying market dynamics, and the fact is that MS is under extra scrutiny at this point because they simply have a history of the exact behavior of which they're currently being accused.
 

Topher

Gold Member
I'm dismissing the 'gamers' lawsuit lawyers claim about it being directly related to the on-going activision acquisition. The dates prove that, there were multiple other things that happened post that 2019 email that are closer to the timeline than the end of 2021 talks about Activision between the two parties.

They're attributing something else to the current case to try and drum up buzz about it in the court, but for all intents, it looks like outside of a hardcore bunch, it has not taken any effect and despite all the tagging, FTCs main argument is still "look at Zenimax".

You are misrepresenting what was said by the "gamers" lawyers entirely. They never said these emails were "directly related to the on-going Activision acquisition". They said "this merger is a part of that strategy" to "put its main competition, the Sony PlayStation, out of the market". So your dates prove nothing since you are inventing what was said out of thin air.
 

adamsapple

Or is it just one of Phil's balls in my throat?
You are misrepresenting what was said by the "gamers" lawyers entirely. They never said these emails were "directly related to the on-going Activision acquisition". They said "this merger is a part of that strategy" to "put its main competition, the Sony PlayStation, out of the market". So your dates prove nothing since you are inventing what was said out of thin air.

This is literally the headline of the article:

Lawyers: Email proves Microsoft's Activision bid is designed to eliminate PlayStation

It is directly referencing the ongoing activision bid by name.
 

Bernardougf

Gold Member
Exactly. Some people seem to think that companies spend $80 Billion and only have meetings about it 2 weeks before executing the deal.

As someone already pointed out the deal was struck almost at a record time fashion with another company denying participation because of the short time to prepare ... this deal was planed long before... we just dont know how long... after 2019 probably 😉😅🤣
 

poppabk

Cheeks Spread for Digital Only Future
Exactly. Some people seem to think that companies spend $80 Billion and only have meetings about it 2 weeks before executing the deal.
Well some people also think that an entire $100 billion dollar plus strategy is laid out in a 16 line email between two people and never mentioned in any official documentation ever again, only discussed in smoky backrooms and all the documents burned like a plan for a bank robbery.
 
sorry for the basic question, but where is the email? I just see the redacted screenshot
I see nothing as well.

I also notice a lot of people here comparing this to Bethesda. $1B is a lot different than $30+B. They could afford to keep Bethesda to themselves. They can’t afford to keep games like COD to themselves, they make too much money to keep them on a single platform. I’m sure the extra income from Sony would be good for them though. Profiting from their success is the ultimate fuck you.
 

DeepEnigma

Gold Member
Bernoulli Bernoulli you should add this to the OP

does Microsoft really believe they can get away with lying through their teeth because we’re too stupid to know better? 🤦🏼‍♂️
This is how stupid they think of us. They think their fanbase is even dumber since they carry the water for them when this blatant bullshit happens.

Feel good that they think you're dumb as fuck? "Thank you sir, may I have another,"
bloomfield hills wtf GIF
 

midnightAI

Member
He tried the same gotcha with me. People underestimate how much money MS would make from this deal, especially from the King aspect. They don’t have to remove CoD from PlayStation in order to benefit mightily.
They could have also made a fortune making Starfield multiplatform (and it was in development) but they canned it to only release on XBox+PC

MS want to fill up those gamepass subscription rates, and the way to do that is make XBox way more attractive than PlayStation, you can bet that if the acquisition wasnt even questioned and had gone through by now that COD would be exclusive, they are (potentially) making it multi platform to appease the regulators to get this through, can you not see that?
 

Bernardougf

Gold Member
They could have also made a fortune making Starfield multiplatform (and it was in development) but they canned it to only release on XBox+PC

MS want to fill up those gamepass subscription rates, and the way to do that is make XBox way more attractive than PlayStation, you can bet that if the acquisition wasnt even questioned and had gone through by now that COD would be exclusive, they are (potentially) making it multi platform to appease the regulators to get this through, can you not see that?
The same people are claiming that is perfectly fine and normal for MS to try end Sony because is business as usual and at the same time still support that they will not take away COD from sony as part of this strategy ... so you are bashing your head in the wall with this people.. they are too disingenuous to admit they were wrong and just arguing in bad faith at this point
 

Bumblebeetuna

Gold Member
They could have also made a fortune making Starfield multiplatform (and it was in development) but they canned it to only release on XBox+PC

MS want to fill up those gamepass subscription rates, and the way to do that is make XBox way more attractive than PlayStation, you can bet that if the acquisition wasnt even questioned and had gone through by now that COD would be exclusive, they are (potentially) making it multi platform to appease the regulators to get this through, can you not see that?

Starfield is not the same type of revenue generator CoD is. CoD is more like Minecraft or Destiny, which MS and Sony are both leaving multi platform after acquisition.
 

DeepEnigma

Gold Member
Starfield is not the same type of revenue generator CoD is. CoD is more like Minecraft or Destiny, which MS and Sony are both leaving multi platform after acquisition.
It went from after the contract expires which they had to honor

to...

After the contract expires + 3 years

to...

10 years met with a hard no, but please don't release the details as to why it was a hard no


Their intent was plain as day from the beginning.

But hey, the new news update is "thought experiment" on a real email. This is how dumb they think of us.
 

Topher

Gold Member
https://www.eurogamer.net/final-fantasy-14-boss-lobbying-microsoft-for-cross-platform-play

https://www.eurogamer.net/final-fan...to-microsoft-not-allowing-cross-platform-play

Bullshit. Sony started a cross play initiative when they started making games that worked on PS3 and Vita or PC. Sony approached Microsoft and they said no. They felt they were market leaders with XBOX 360 and they were pulling shady shit they didn't like used against them such as timed exclusives, especially DLC on major releases.

Microsoft later changed their response and stated that gamers would be required to have a Microsoft account to do it and Sony, quite rightly didn't agree to turn their console into an advertising tool for their competitors. PC cross play did not require a PSN account.

I see where Sony was open to FFXIV being cross play, but I would not call that as an overarching initiative. And it looks like this was spearheaded more by SE in any case.

And yes, Sony has been doing cross play with PC and their own systems for a while, but I'm talking about with other consoles, namely Xbox.
 
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quest

Not Banned from OT
The same people are claiming that is perfectly fine and normal for MS to try end Sony because is business as usual and at the same time still support that they will not take away COD from sony as part of this strategy ... so you are bashing your head in the wall with this people.. they are too disingenuous to admit they were wrong and just arguing in bad faith at this point


They would not take away COD. It would kill the IP. Some other shooter would become the go to game for a 100 million playstation users and multiple platform users. There is a reason all the big money making competive shooters are on every single device that can run it. There is a reason Microsoft didn't make minecraft exclusive. They didn't want to give other games a 100 million user base to build a competitor and become the defacto game of the genre.
 

Bumblebeetuna

Gold Member
It went from after the contract expires which they had to honor

to...

After the contract expires + 3 years

to...

10 years met with a hard no, but please don't release the details as to why it was a hard no


Their intent was plain as day from the beginning.

But hey, the new news update is "thought experiment" on a real email. This is how dumb they think of us.

Those are all concessions MS threw out to try and appease regulators. Aren’t you for regulation? Are you one of those weirdos expecting MS to sign a forever deal for CoD or something?
 

midnightAI

Member
Starfield is not the same type of revenue generator CoD is. CoD is more like Minecraft or Destiny, which MS and Sony are both leaving multi platform after acquisition.
How do we know? it hasnt been released yet, wont release on PS5 so we have nothing to gauge it against and its made by the Skyrim developers, you know, that little game that has sold double the number of copies than any COD game ever released? add microtransactions to that and it could potentially be a money making beast.
 

quest

Not Banned from OT
How do we know? it hasnt been released yet, wont release on PS5 so we have nothing to gauge it against and its made by the Skyrim developers, you know, that little game that has sold double the number of copies than any COD game ever released? add microtransactions to that and it could potentially be a money making beast.
You think a game that's built on community mods is going to make over a billion dollars a year on microtransactions? No one will pay for a microtransaction modders could copy and release for free? An expansion pack every few years sure but not a consistent microtransaction revenue stream like COD.
 
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