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Should console makers take a more active role in policing 3rd-party behavior?

Terrell

Member
Apr 1, 2006
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In light of the recent events involving Rayman Legends, combined with a nagging thought I've had, I present this to you.

3rd party publishers are getting away with murder. On-disc DLC, enforcing an anti-used game agenda and, most recently of course, canceling exclusivity and delaying a finished product despite people who may have bought a console for that "exclusive" title.

The problem is that, by punishing publishers via refusal to purchase content, you punish people who rely on this industry for their livelihood. But by buying the game, you endorse that the behavior can continue since the consumer flinched first. From a consumer's standpoint, we're damned if we do and we're damned if we don't.

But console makers still hold all the power in this relationship, now moreso than ever. With publishers outright admitting that multiplatform releases are mandatory to their business model, they are at risk of jeopardizing 1/4 of their revenue stream if a platform holder shows them the door. In the past, 3rd parties saw themselves as "king makers" and didn't worry about spurning one console maker when there were others they could drive their consumers to. But now, in the face of the change in the market, that can be a dangerous opinion to hold.

Console makers, on the other hand, have one concern above all others: keeping their customers happy to maintain marketshare. Why should they not be allowed to defend their business against the practices of their licensees when they only work to hurt the industry as a whole? Gamers are already bitter and twisted against the industry at large, and that industry includes the console makers. The only choices console makers should be taken to task for is their own, not someone else's.

So let's use Rayman Legends as an example. Ubisoft obviously has seen Nintendo as a way to grow their revenue stream with casual titles on Wii and the original content and ports it brought to WiiU. Customers who really like Rayman and bought a WiiU because it was advertised as an exclusivehave been cheated twice, once for the lost exclusive and again for the massive delay. Why shouldn't Nintendo be able to step in and defend its consumers in this regard by issuing sanctions against Ubisoft content in the future or, as a major extreme, revoking their license agreements?

This is not without precedent. Albeit for different reasons, Nintendo and Sega both have used their licensing power to work in the interest of consumers. In that particular case, it was to prevent a market crash like in 1983, which also happened due to piss-poor 3rd party business practices (that time, it was over-saturation of poor-quality content).
Granted, by the time the 16-bit generation came about, Yamauchi was enough of a stubborn bastard to start using that power far too heavy-handedly, but that's not a reason to deny the ability to stand up for their consumers in an industry that offers the consumer options to defend against this stuff that all come with extreme consequences to themselves or others.

Platform makers are no saints, but they aren't the devil incarnate, either. No, 3rd-party publishers are too busy fighting over who gets to wear that mantle and console makers are trying not to get caught in the crossfire of backlash.

So what do you guys think about this? Would you consent to giving platform holders a little more authority over their licensee's business practices if they are harmful to their consumers and/or the industry at large? Have 3rd-parties forced our hand to relent to this situation being made a reality again?
 

DJIzana

Member
Jan 25, 2012
7,061
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Yes... they really should. Nintendo is the only console (before Sega stopped making hardware) that I actually enjoy 1st party content from.

For Xbox, I like some of their first party games but 2 games, (Gears & Halo) isn't enough to warrant a console purchase from them.

For Sony, there's not a single first party title I enjoy from them. EVERYTHING I like from Sony has been third party. Sega, Capcom, Namco Bandai, Level 5 and Square Enix. (Not from this gen for Square Enix though. PS2 was solid but yeah... I regret touching FFXIII.)
 

Meelow

Banned
Mar 14, 2012
7,568
0
0
I think the only way for third party's too really change their behavior is if Nintendo, Sony, and Microsoft boycott third party's, but that will never happen so the only way for some of the pubs to change what they do is if they want to change.

Or at least that's what I think.
 

netBuff

Member
Sep 11, 2011
3,357
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685
Yes... they really should. Nintendo is the only console (before Sega stopped making hardware) that I actually enjoy 1st party content from.

For Xbox, I like some of their first party games but 2 games, (Gears & Halo) isn't enough to warrant a console purchase from them.

For Sony, there's not a single first party title I enjoy from them. EVERYTHING I like from Sony has been third party. Sega, Capcom, Namco Bandai, Level 5 and Square Enix. (Not from this gen for Square Enix though. PS2 was solid but yeah... I regret touching FFXIII.)

There are plenty of additional console exclusives on PSN and XBL you are apparently forgetting about: Although many of them are third-party exclusives (but still a sizeable amount of MS/Sony published games).
 

EMT0

Banned
Dec 7, 2012
5,007
0
0
In a perfect world, they would. But here's what stopping it:

-Microsoft NEEDS third parties. They'll never stand up to them
-Nintendo can't afford to piss off the only third-party studio with good relations with them
-Sony can either stand up to third parties, and suffer the fallout and lose tons of costumers to Microsoft, or tow the line and not risk a thing.

We don't live in a perfect world. Knock Microsoft either out of the console race, or into becoming exclusive-dependent, and then maybe that could change.
 

Eusis

Member
Apr 15, 2011
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705
The last major case I can think of was Nintendo forbidding Squaresoft from publishing on Nintendo again until Yamauchi left. Though thanks to that merger I guess Squaresoft never published again. And that was a relatively minor infraction when you think about it, nothing on the level of a finished game 2 weeks from release being delayed to be multiplatform.
-Microsoft NEEDS third parties. They'll never stand up to them
They DO demand simultaneous releasing or new content though. Sony does that as well, so the two of them can be a problem here with Rayman Legends, otherwise they'd announce a port and merely deflate the Wii U launch some, but not deprive anyone who wanted to play the game then.
 

DaBoss

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Dec 5, 2012
20,948
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Well isn't the policing a big reason why third-parties left Nintendo in the first place? Third-parties play a huge role and can easily just walk away if it doesn't favor them. It would take the Big 3 doing the same thing to police third-parties.
 

RoboPlato

I'd be in the dick
Oct 29, 2006
42,982
0
0
None of the console makers would dare to burn bridges with EA, Activision, or Ubi. If you have a platform that doesn't get Madden, Battlefield, CoD, or Assassin's Creed you are totally fucked. Smaller publishers are also the few that are more likely to do exclusives so you don't want to risk hurting those relationships either. The symbiosis between pubs and manufacturers is too strong for the manufacturers to really start cracking down.
 

Risette

A Good Citizen
Aug 27, 2007
12,345
1
0
The console manufacturers are the enablers, lol. They're dependent on publisher-paid costs & third party game sales as part of their suicidal loss-leading business models.

Enjoy next gen!
 

quest

Not Banned from OT
Jul 17, 2004
6,175
3,171
1,695
Well isn't the policing a big reason why third-parties left Nintendo in the first place? Third-parties play a huge role and can easily just walk away if it doesn't favor them. It would take the Big 3 doing the same thing to police third-parties.

Yep Nintendo controlled things with an Iron fist during the NES days. Once the genesis caught on 3rd parties were glad to show support to Sega. Nintendo's iron fist was needed after the crash but cost them with 3rd parties for a long time.
 

DaBoss

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Dec 5, 2012
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None of the console makers would dare to burn bridges with EA, Activision, or Ubi. If you have a platform that doesn't get Madden, Battlefield, CoD, or Assassin's Creed you are totally fucked. Smaller publishers are also the few that are more likely to do exclusives so you don't want to risk hurting those relationships either. The symbiosis between pubs and manufacturers is too strong for the manufacturers to really start cracking down.

Those 2 weren't on the Wii, but your point still stands. Having big third-party games is vital.
 

RoboPlato

I'd be in the dick
Oct 29, 2006
42,982
0
0
Those 2 weren't on the Wii, but your point still stands. Having big third-party games is vital.

I knew that but I meant the list to be all inclusive. I was also more referring to Sony and Microsoft. Nintendo is in a bad position with third parties anyway so them doing any kind of policing would be even more detrimental.
 

LastNac

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May 5, 2012
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0
I might be in the minority but I feel we will see a healthy amount of third party exclusives going forward.
 

kpjolee

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Oct 6, 2012
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I don't think it would be a good idea to alienate major third parties..they actually do have considerable power to shift market in the console business.
 

Kai Dracon

Writing a dinosaur space opera symphony
Jun 7, 2004
19,552
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Well isn't the policing a big reason why third-parties left Nintendo in the first place? Third-parties play a huge role and can easily just walk away if it doesn't favor them. It would take the Big 3 doing the same thing to police third-parties.

Policing worked when the industry was young and the market narrow and small. Nintendo practiced "quality control" in multiple dimensions. They only allowed 3rd parties to release a few games a year, to insure they didn't waste time on stinkers. They essentially used strong arm tactics at retail, etc.

Some might argue that it actually kind of worked. Famicom/NES game releases were events because quality, for the era, was actually rather consistent. There were a lot of good 3rd party games out at any given time, though of course there was always some crap. (From companies that simply couldn't do any better. Or Capcom not giving a fuck with a California Raisins game.)

But, naturally, that kind of stuff would never last, rubbed 3rd parties the wrong way. As soon as there was an alternative, namely Sony, everyone got the hell out.

It is a reason why Nintendo lost the 3rd party "vote" decades ago. It's not a Gamecube, or a Wii thing. The Wii combined with the success of the Xbox 360 just gave 3rd parties a great reason to write Nintendo off entirely, after providing minimal support for the N64 and the Gamecube.

I would imagine the industry is much too big and multi-faceted for such policing to ever work again. For instance, if one console maker tried it, another could actually take advantage of it by being the new Sony - offer greener pastures free of some of the restrictions chaffing a 3rd party that worked with the controlling platform holder.
 

evolution

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Sep 14, 2006
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The only people pissed off buy the rayman situation are console loyalist who were going to buy the system anyways. So why do you feel cheated? 3rd parties should be given freedom to do whatever they want with software they are paying for.
 

Sandfox

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Jan 25, 2012
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I might be in the minority but I feel we will see a healthy amount of third party exclusives going forward.

There is little incentive to do that unless they are being moneyhatted which mostly ends up being exclusive or early DLC.

The only people pissed off buy the rayman situation are console loyalist who were going to buy the system anyways. So why do you feel cheated? 3rd parties should be given freedom to do whatever they want with software they are paying for.

People are annoyed that a complete game is getting delayed until September.
 

Kimawolf

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Sep 15, 2012
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I think the issue is publishers have indeed forgotten they need hardware to sell games, and Sony began this, basically kissing developers and publishers asses to make sure they got all the support in the PS1 era. And basically going from Nintendo, the nagging wife to the fun 21 y/o fling, they have gotten spoiled.

The hardware manufacturers could indeed make the industry more stable, function more like a real industry people wanted to work in and a place where gamers aren't treated like the enemy, but they all are falling over eachother to kiss ass to get an exclusive DLC level or character.

And when software companies need to sell so many more games, manufacturers SHOULD begin to enforce more of a business atmosphere and reset the power structure, returning it to themselves.
 

LastNac

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May 5, 2012
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There is little incentive to do that unless they are being moneyhatted which mostly ends up being exclusive or early DLC.
I feel some of it might come to a need of necessity, especially if tech wise there is a real difference between the other 2.
 

tokkun

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Jan 29, 2007
16,092
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They should punish publishers for releasing games with unacceptable performance issues (Bethesda games on PS3) or for leaving critical bugs unpatched (The Walking Dead, Fez, and others).

I don't care about things like Rayman Legends and have no sympathy for people who get upset when games go multi-platform.
 

Hsieh

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Jun 22, 2004
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Nintendo used to heavily police third party behavior back in the NES and SNES days and that's one of the reasons why they ended jumping ship to Sony when Sony gave them more freedom.
 

deviljho

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Jun 24, 2012
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And basically going from Nintendo, the nagging wife to the fun 21 y/o fling, they have gotten spoiled.

 

Terrell

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Apr 1, 2006
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Well isn't the policing a big reason why third-parties left Nintendo in the first place? Third-parties play a huge role and can easily just walk away if it doesn't favor them. It would take the Big 3 doing the same thing to police third-parties.

None of the console makers would dare to burn bridges with EA, Activision, or Ubi. If you have a platform that doesn't get Madden, Battlefield, CoD, or Assassin's Creed you are totally fucked. Smaller publishers are also the few that are more likely to do exclusives so you don't want to risk hurting those relationships either. The symbiosis between pubs and manufacturers is too strong for the manufacturers to really start cracking down.

Policing worked when the industry was young and the market narrow and small. Nintendo practiced "quality control" in multiple dimensions. They only allowed 3rd parties to release a few games a year, to insure they didn't waste time on stinkers. They essentially used strong arm tactics at retail, etc.

Some might argue that it actually kind of worked. Famicom/NES game releases were events because quality, for the era, was actually rather consistent. There were a lot of good 3rd party games out at any given time, though of course there was always some crap. (From companies that simply couldn't do any better. Or Capcom not giving a fuck with a California Raisins game.)

But, naturally, that kind of stuff would never last, rubbed 3rd parties the wrong way. As soon as there was an alternative, namely Sony, everyone got the hell out.

It is a reason why Nintendo lost the 3rd party "vote" decades ago. It's not a Gamecube, or a Wii thing. The Wii combined with the success of the Xbox 360 just gave 3rd parties a great reason to write Nintendo off entirely, after providing minimal support for the N64 and the Gamecube.

I would imagine the industry is much too big and multi-faceted for such policing to ever work again. For instance, if one console maker tried it, another could actually take advantage of it by being the new Sony - offer greener pastures free of some of the restrictions chaffing a 3rd party that worked with the controlling platform holder.

Considering that 3rd-parties are unanimously saying that they CAN'T give up the multiplatform strategy, this is not the same market that it was when Nintendo lost its marketshare. The way they've structured their business, they can't be "king-makers" for select platform holders, they require business from all of them. Even if you don't put every game on a console, if a publisher was suddenly told they couldn't make games for one of the platforms anymore, they'd start posting losses every quarter more often than they already DO.

We are not in the same market environment we once were, so all assumptions based on how things used to be have to be thrown out and re-considered.

I don't like the insinuation that Rayman Legends becoming multiplatform is any way a bad thing, or in need of "policing".
Sorry, delaying a finished game at the 11th hour because of ports to other systems that have nothing to do with it is bullshit. The exclusivity thing is just adding insult to a genuine injury.
 

Cartman86

Banned
May 31, 2006
8,578
0
0
Seattle, WA
www.twitter.com
I believe console holders already have 100% control. They can not allow a game on their device for any reason right? They lay the rules, so they could theoretically say "Hey! We won't allow online passes". They won't, but they could. It's the whole point of a closed system.
 

MisterHero

Super Member
Jul 24, 2007
30,524
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I've re-written this post 4 or 5 times; the first draft was an extremely agitated rant. I hope my assertions are viewed as reasonable (not to mention legible). :p

But console makers still hold all the power in this relationship, now moreso than ever.
No, they don't.

Sony and MS are NOT in control of their roles as publishers

*They're motivated over the long haul by iTunes money; games are forced to be a priority by Nintendo

*An operating system developer and TV manufacturer get SpikeTV/MTV cool kidz cred by having all the latest games, highlighting ones they didn't design

*they smelled the Wii's success, so they came along with Move and Kinect (the latter finally made 360 profitable)

*want 3rd-party support for the #1 storefront, so they indulge blatant 3rd-party excesses like:
__extra marketing
__publishing the game of an established independent publisher like Ubi-soft. why?
__DLC scams
__untempered technical standards that polarized the AAA games and shovelware spectrum
__Overstepping anti-piracy measures like Online Passes and POTENTIALLY BLOCKING USED GAMES.

They're out of control because they let it happen. They go where the money goes. 3rd-parties walk all over them because they believe it gives them competitive advantages. A primarily-PC developer like Epic has a money stake in defining console power, so they'll walk all over more sustainable console standards too.

I'm NOT saying Nintendo's perfect. They aren't, but they're doing their best to maintain a balance of quality and profitability that will allow them to make better hardware and better games. As a bonus, they can promote ideas like optional interfaces and expanded audience that arguably saved PS360.

Perhaps like Nintendo, the ultimate goal of any developer should be to make games they would like to make and make money. Here's a difficult question for Ubi-soft: is a big series like Assassin's Creed actually profitable, or even a game they want to make?

Is it worth it if they have to pressure console holders into publishing and marketing a gam? Is it worth pissing off fans with DLC and Online Passes? Is it worth putting teams and games like Rayman through the wringer, only to blow the publishing plans because they were missing some capital? Why are the modest projects paying for the screw-ups? If Ubi-soft thinks they can continue like this, then they probably deserve their failures.

As much as I disagree with Microsoft and Sony reasons for being in the industry, a more conservative approach to consoles might make/save every game developer even more money. Developers would be happier, and they might share games more often. Whether they'll scale back depends on how much they actually care about videogames. I don't think a great company like SEGA could take another generation like this.

If not them, maybe Valve and the possible Steam-box. I don't like some things that PC development might promote (ex: a much stronger reliance on Internet connections/services), but at least the buyer knows where Valve wants to go, and how they want to control it. They're a games service; they sell games. Incredible!

Game consoles existed for a long time having more powerful platforms over their shoulders. The dominant 16-bit consoles outlived others like Neo-Geo, 3D0, and Arcade boards. It can be the same with consoles and PC/Steambox; they can coexist as unique rivals. 3rd-Parties would be forced to re-examine their own needs.

Imagine all 3 current console makers lasting into 2023. What would happen to overzealous 3rd-parties if all 3 rejected Unreal X standards in favor of profitable hardware and development? Who would argue with all 3 of them? PC/Steambox 2 owners? Ouya 5/Android/Touchphone owners? AppleTV? Ha.
 

Terrell

Member
Apr 1, 2006
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Ideally, I'd love to see such policing. But we know it won't happen.

It's up to us, the consumers, to vote. That's the closest thing to a policing mechanism we have.

But it comes at the expense of rewarding people who ACTUALLY deserve it.

And with new tech creeping in on the traditional console's turf, there could come a point where they don't have a choice BUT to impose upon 3rd parties.

That's when our "voting with dollars" matters: we then decide who's handling our consumer interests the best and then maybe we don't run the risk of every game being a referendum against publishers like we've seen with the bigger debacles over this past generation.
 

M3d10n

Member
Aug 28, 2006
11,466
1
0
Microsoft already does this and we're seeing it with Rayman Legends:

Microsoft reserves the right to refuse a game that was released earlier on or has additional features and content on another platform. They could refuse Rayman Legends for it being a late port or if it doesn't have content that compensates the Wii U exclusive features.

The PS3 was a victim of this policy for quite some time. Any PS3 multiplat that has additional features or content must be released after the 360 version or risk being barred.
 

CPS2

Member
Dec 31, 2006
5,017
0
0
How did i know this was about Rayman? We're getting close to the elusive "which developer is dead to you?" thread. Hint: the developers of Rayman!
 

Terrell

Member
Apr 1, 2006
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How did i know this was about Rayman? We're getting close to the elusive "which developer is dead to you?" thread. Hint: the developers of Rayman!

It's tangentially about Rayman, but not stuck on that alone.

SFxT also weighs heavily on this, as does things like Silent Hill HD Collection being broken garbage at release, and I'm sure several other things like oppressively-terrible DRM strategies and other acts by publishers that show a flippant disregard for the consumer.

The Rayman delay is just recent and decided to finally make a thread now that the market has firmly established itself into a condition where it relies on support from multiple sources at once, and thus such a tactic by platform makers is viable. Problem?
 

Stumpokapow

listen to the mad man
May 21, 2006
17,232
4
0
In light of the recent events involving Rayman Legends, combined with a nagging thought I've had, I present this to you.

3rd party publishers are getting away with murder. On-disc DLC, enforcing an anti-used game agenda and, most recently of course, canceling exclusivity and delaying a finished product despite people who may have bought a console for that "exclusive" title.

... how are any of these "getting away with murder"? That's where the discussion stops. You've identified a bunch of behaviour that console makers don't care about, that work to their benefit in many cases, and in some cases that they themselves engage in. Sony does "anti-used game agenda" stuff. Microsoft is apparently building a whole console around it. All three manufacturers have benefited from "cancelled exclusivity" and all three have been hurt by it. All three publishers delay games for strategic/positioning reasons. All three manufacturers hope you buy consoles based on potential and materially deceive you about how quickly and how well that potential is going to be realized by bamboozling you with early marketing. And if it's not on-disc DLC, it'll be day-one DLC, something that all three of the console manufacturers have done.

This is a really, really, petulant argument that's basically built around "Nintendo, save me from mean old Ubisoft". You want Nintendo to punish Ubisoft? When people punish the friends they do have because they barely have any, that's a pretty terrible move.
 

Terrell

Member
Apr 1, 2006
12,476
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Vancouver, BC, Canada
... how are any of these "getting away with murder"? That's where the discussion stops. You've identified a bunch of behaviour that console makers don't care about, that work to their benefit in many cases, and in some cases that they themselves engage in. Sony does "anti-used game agenda" stuff. Microsoft is apparently building a whole console around it. All three manufacturers have benefited from "cancelled exclusivity" and all three have been hurt by it. All three publishers delay games for strategic/positioning reasons. All three manufacturers hope you buy consoles based on potential and materially deceive you about how quickly and how well that potential is going to be realized by bamboozling you with early marketing. And if it's not on-disc DLC, it'll be day-one DLC, something that all three of the console manufacturers have done.

This is a really, really, petulant argument that's basically built around "Nintendo, save me from mean old Ubisoft". You want Nintendo to punish Ubisoft? When people punish the friends they do have because they barely have any, that's a pretty terrible move.

The main point of discussion, regardless of what brought it up at this very moment, is...

How do you defend yourself against a publisher's crap behavior without also punishing the developer who doesn't have anything to do with it?

If someone can propose an alternative, they're free to discuss it. I proposed one (getting platform holders involved in regulating industry behavior), and you're welcome to disagree with it.

Saying "it is what it is" and throwing your hands up does nothing to change anything.

And yes, platform makers engage in shit behavior, too. But it's terribly easy to punish them, though: don't buy the hardware. Cuts them like a knife. The same can not be said of games, though, when you hurt people who don't deserve it.

So do you care to propose an alternative, or are you more interested in trying to shut down discussion on the matter?
 

Slayven

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Dec 10, 2004
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I don't see how any of that is a benefit for the either party. It's not Ubisoft's responsibility to save the WII U.
 

D.Lo

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Aug 20, 2006
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Nintendo are the only game developer who makes hardware.

Sony and Microsoft do make some games, usually by buying existing studios, but it's only in aid of differentiating their hardware.

As such, Sony and MS consoles are basically nothing without third parties. Might as well be Panasonic or 3DO or NEC or Samsung making the box (except they're not as desperate to lose billions in a vain attempt to control the living room because they're afraid of each other), people buy it for GTA, COD, or in the past Tomb Raider, Final Fantasy etc. God of War, Halo etc exist only to push the consumer to their particular 'flavour' of GTA/CoD box.

I'd buy a Panasonic console if it was basically the same as the PS3/360 if it got all the same 3rd party games. I'd even pay $100 more for slightly better framerates, or a smaller or more reliable console, or a faster OS etc if that was on offer.

So no, Sony and MS have to suck up to 3rd parties, they cannot survive without them.
 

Wiktor

Member
Dec 27, 2004
17,252
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Wii U is flopping so badly the absolutely last thing it needs is for Nintendo to piss off 3rd party publishers.
 

Valkyria

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Sep 9, 2012
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... how are any of these "getting away with murder"? That's where the discussion stops. You've identified a bunch of behaviour that console makers don't care about, that work to their benefit in many cases, and in some cases that they themselves engage in. Sony does "anti-used game agenda" stuff. Microsoft is apparently building a whole console around it. All three manufacturers have benefited from "cancelled exclusivity" and all three have been hurt by it. All three publishers delay games for strategic/positioning reasons. All three manufacturers hope you buy consoles based on potential and materially deceive you about how quickly and how well that potential is going to be realized by bamboozling you with early marketing. And if it's not on-disc DLC, it'll be day-one DLC, something that all three of the console manufacturers have done.

This is a really, really, petulant argument that's basically built around "Nintendo, save me from mean old Ubisoft". You want Nintendo to punish Ubisoft? When people punish the friends they do have because they barely have any, that's a pretty terrible move.

Pretty much this. The OP argument makes no senses. Ubisoft have cheated who exactly? How can a company cheat on someone?

On the other Nintendo did not prevent any game crash, and above it, the crash was only in the States, not in Europe or in Japan. Here microcomputers where hitting really hard.
 

Terrell

Member
Apr 1, 2006
12,476
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Vancouver, BC, Canada
Nintendo are the only game developer who makes hardware.

Sony and Microsoft do make some games, usually by buying existing studios, but it's only in aid of differentiating their hardware.

As such, Sony and MS consoles are basically nothing without third parties. Might as well be Panasonic or 3DO or NEC or Samsung making the box (except they're not as desperate to lose billions in a vain attempt to control the living room because they're afraid of each other), people buy it for GTA, COD, or in the past Tomb Raider, Final Fantasy etc. God of War, Halo etc exist only to push the consumer to their particular 'flavour' of GTA/CoD box.

I'd buy a Panasonic console if it was basically the same as the PS3/360 if it got all the same 3rd party games. I'd even pay $100 more for slightly better framerates, or a smaller or more reliable console, or a faster OS etc if that was on offer.

So no, Sony and MS have to suck up to 3rd parties, they cannot survive without them.
I'm not saying that one goes out and does this so the others capitalize. I'm saying that, as a GROUP, they find common ground and put up a united front.

Or, actually, I can't believe I never thought about this... taking out the platform holders entirely, why not the ESA and its foreign equivalents? Their entire existence is predicated on maintaining the health and reputation of the industry. They wouldn't catch every anti-consumer action this way, but it'd be a start.