The only reason it makes sense to not drop it while allowing loopholes is if they plan to use it again later from a stronger position, and or/selectively enforce (this is pretty clearly the intent of "talk to us"). There would be way more backlash if they suddenly added the policy after formally dropping it as opposed to developers suddenly having to "talk to us" more.
That's why I'm wary of anyone saying, "C'mon, gang! Just take your exemption and let's help MS start growing their user base and
really give this policy some teeth!!"
Regarding reintroducing the policy later, by fooling devs in to agreeing to deliver parity by promising flexibility, they give themselves an incredibly strong bargaining position late in the project's development. Mere months from the launch of Endwar, Julian Gerighty still didn't know if he'd be able to release the gesture controls that
he'd already implemented in the PS3 version, because
Microsoft hadn't approved it yet. If MS decided the feature was too awesome and brought too much shame to XBox, Julian's options would be to remove the PlayStation feature, or forfeit the millions of dollars he'd
already spent developing the XB360 version of the game. The feature didn't make it in to the final version of the game, and was never spoken of again.
I think it's clear when you step back. They evaluate games that have launched on other platforms to see if they can ask for more content or features to help there platform. I think the way they see the problem with the word 'clause" is that it makes developers not even try to release on Xbox. I think Sony probably evaluates games the same way, it's just that the messaging, and perception on Xbox right now sucks.
They can't say "There is no parity evaluation or clause or anything!" because they still want to curate games for their platform on their terms. I honestly think all platform holders do this.
That's why I've said in the past that the problem isn't the parity clause itself; it's perfectly natural for a platform holder to want parity with other versions for their users wherever possible. Rather, the problem is Microsoft's use of the clauses to force developers to handicap Microsoft's competitors, such as pressuring developers to remove unique features on rival platforms as described above. or pressuring devs to limit the amount of content in their games as described earlier in the thread, or even pressuring them in to something comparatively benign, like the delaying of games which is the very subject of this thread. They've been actively stifling development in the video game industry in this fashion for the better part of a decade, if not longer.
Parity clauses aren't toxic. Microsoft are toxic. Most people see contracts as a type of shield, to protect themselves against unforeseen attacks. Microsoft look at that same shield and think, "Nice; we can take someone's head clean off with that thing." Imagine there's been a guy running around with a pistol for the last 10 or 15 years, firing at anyone who disrespects him by talking to someone else. Finally, we assemble a menacing mob large enough that he feels compelled to put the gun back in his pocket and promise never to use it again, suggesting we all have a kegger instead. There are a few ways one could respond to his sudden change of "heart."
"Woohoo! Let's party, everybody!! His beer is cheap too!"
"Well, I do enjoy a good party, but I'd prefer it if you actually got rid of the gun first."
"Umm, thanks, but I want nothing to do with your 'party,' you crazy fuck. Please stay away from me."
I'll leave it to you to determine how they're sorted.