Virtual Legality

In this episode, Richard Hoeg discusses Microsoft's attempt to be the "nice guy" in response to the New York Times, their reaction to the FTC, and contrasts it with Activision's own response. He wraps up with final thoughts and holiday wishes.

(0:00) Introduction

(8:44) MS Wants to be the "Nice Guy" (NYT)

(33:21) MS Responds to the FTC (Good Cop)

(2:11:57) Activision Responds to the FTC (Bad Cop)

(2:43:38) Final Thoughts and Merry X-Mas

It's that time of year again. Tom Hoeg, long thought lost to the underbelly of the gaming industry, has awoken, and just in time for him to explain to me how the many entries on my Top Ten Games of the Year are either completely or mostly wrong.  (And there may even be an Ian Runkle appearance or two.)

THABTO is back and here to celebrate the year that was gaming in 2022!

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*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

*** Twitter: @hoeglaw Web: hoeglaw.com

Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.

After the US Federal Trade Commission elected to sue to (try to) stop the deal, seemingly all of the "takes" have come out.

Including, now, a new lawsuit from...Playstation players?

Things just keep getting sillier and sillier.

Let's talk about it...LIVE.

#Microsoft #Activision #Lawsuit

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*** CHAPTERS 00:00 Introduction 03:53 Gamers Lawsuit 1:50:27 CMA Public Comments Summary

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*** Discussed in this episode:

PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8

INITIAL POST https://twitter.com/postup_bbb/status/1605274379797123091

ARTICLES https://www.reuters.com/legal/video-gamers-sue-microsoft-us-court-stop-activision-takeover-2022-12-20/ https://www.bbc.co.uk/news/business-64047809.amp https://www.axios.com/2022/12/20/gamers-microsoft-activision-lawsuit

OECD/STANDING https://www.oecd.org/about/ https://www.ftc.gov/system/files/attachments/us-submissions-oecd-2010-present-other-international-competition-fora/publicprivate_united_states.pdf https://www.ftc.gov/enforcement/competition-matters/2016/02/antitrust-violation-vs-injury-fact-distinction-makes-difference

THE LAWSUIT https://www.docdroid.net/0hRsWfg/consumers-complaint-against-ms-abk-pdf

*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

*** Twitter: @hoeglaw Web: hoeglaw.com

Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.

With the FTC lawsuit still fresh in everyone's mind, many have started to explore the various contentions made by the US regulatory body.

Among those is the FTC's claim that Microsoft is untrustworthy because they told the European Union they had no incentive to make Zenimax's games exclusive...immediately before declaring Starfield, Redfall, and Elder Scrolls VI exclusive after the closing was approved.

But though the EU has downplayed the claim (somewhat), the story is a bit more complicated than that. Let's talk about it.

There's going to be a lot of careful reading...in Virtual Legality.

#Microsoft #Xbox #Activision

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*** CHAPTERS 00:00 Introduction (Thanks, FalkusVipus)

*** WANT TO SUPPORT THE CHANNEL?

UTREON - https://utreon.com/c/hoeglaw/

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*** Discussed in this episode:

PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8

TWEETS https://twitter.com/klobrille/status/1601282763789062146 https://twitter.com/HoegLaw/status/1601319718069350400 https://twitter.com/HoegLaw/status/1601319721684828160/photo/1 https://twitter.com/stephentotilo/status/1601331003124916224

ARTICLES https://wccftech.com/microsoft-didnt-lie-on-zenimax-deal-like-the-ftc-said-according-to-eu-sources/?utm_source=dlvr.it&utm_medium=twitter

LEGAL DOCUMENTS https://news.microsoft.com/wp-content/uploads/prod/sites/642/2022/12/Get-the-facts-ZeniMax-.pdf https://ec.europa.eu/competition/mergers/cases1/202124/m10001_438_3.pdf EU

MERGER REVIEW PROCEDURES https://competition-policy.ec.europa.eu/system/files/2021-02/merger_control_procedures_en.pdf https://www.vogel-vogel.com/faq-items/input-foreclosure-eu

*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

*** Twitter: @hoeglaw Web: hoeglaw.com

Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.

Now, of course, the biggest news possible has happened. The US Federal Trade Commission (FTC) has sued.

But what does the agency's complaint say? What can we learn from it?

Let's talk about it...LIVE.

It begins...in Virtual Legality.

#Microsoft #Activision #FTC

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*** Discussed in this episode:

PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8

THE LAWSUIT https://www.ftc.gov/system/files/ftc_gov/pdf/D09412MicrosoftActivisionAdministrativeComplaintPublicVersionFinal.pdf

*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

*** Twitter: @hoeglaw Web: hoeglaw.com

The Federal Trade Commission has voted to block Microsoft x Activision.

There's so much to talk about here.

Let's do it all live.

Ain't no party like a Lawsuit Party...in Virtual Legality.

#Microsoft #Xbox #Activision

*** NEW MERCH LINK: https://virtuallegalityshop.myshopify.com/

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UTREON - https://utreon.com/c/hoeglaw/

PATREON - https://www.patreon.com/VirtualLegality

MERCH STORE - https://virtuallegalityshop.myshopify.com/

*** Discussed in this episode:

PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8

TWEETS https://twitter.com/Wario64/status/1600929290106728448 https://twitter.com/tomwarren/status/1600935028644405248 https://twitter.com/SenWarren/status/1600943443408457730

FTC STATEMENT https://www.ftc.gov/news-events/news/press-releases/2022/12/ftc-seeks-block-microsoft-corps-acquisition-activision-blizzard-inc

KOTICK LETTER https://finance.yahoo.com/news/letter-ceo-bobby-kotick-regarding-195100072.html

ARTICLES https://www.theverge.com/2022/12/8/23498224/ftc-microsoft-activision-blizzard-legal-challenge-sues-block

MS FACT SHEET https://news.microsoft.com/wp-content/uploads/prod/sites/642/2022/12/Get-the-facts-ZeniMax.pdf

ARTICLES https://www.washingtonpost.com/technology/2022/12/08/ftc-sues-microsoft-over-activision/ https://nypost.com/2022/12/06/microsoft-boss-to-meet-with-feds-over-activision-sources/

*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

*** Twitter: @hoeglaw Web: hoeglaw.com

Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.

Now, with late night tweets flying around from Phil Spencer himself, Microsoft seems to have enlisted a new ally: Nintendo.

What does it mean? And why might Steam's rejection of such a deal actually prove the more important?

Let's talk about it.

"It's a me, Captain Price"...in Virtual Legality.

#Microsoft #Xbox #Activision

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*** CHAPTERS 00:00 Introduction (Thanks, LadyEmily) 01:47 MS Makes Its Announcement 04:35 Nintendo's Special Place 15:21 Phil Spencer Talks to the Washington Post 20:54 The New York Times Has Thoughts 34:13 Steam Opens Up 40:41 Conclusion

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*** Discussed in this episode:

PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8

TWEETS https://twitter.com/XboxP3/status/1600342335845724160 https://twitter.com/BradSmi/status/1600346773914259458 https://twitter.com/Emberden/status/1600525393043267587

ARTICLES https://www.washingtonpost.com/video-games/2022/12/06/call-duty-nintendo-microsoft-sony-xbox/ https://www.nytimes.com/2022/12/06/technology/microsoft-call-of-duty-nintendo.html https://www.nytimes.com/2022/11/21/technology/microsoft-activision-deal.html https://www.nintendolife.com/news/2021/09/hideki_kamiya_reminds_fans_bayonetta_3_is_a_nintendo_switch_exclusive https://kotaku.com/microsoft-activision-call-of-duty-nintendo-switch-steam-1849862479

REGULATORY FILINGS https://sei.cade.gov.br/sei/modulos/pesquisa/md_pesq_documento_consulta_externa.php?HJ7F4wnIPj2Y8B7Bj80h1lskjh7ohC8yMfhLoDBLddZWoazymAm3fzadi2ZAXvLcQ_mPnh9TKYr-vfYEwy6keZZOMKZczt9vQOXNv1vNhntbvXC7ELtVe2yf0-z4a85- https://assets.publishing.service.gov.uk/media/637cec9dd3bf7f5a0b33f881/MICROSOFT_S_RESPONSE.pdf https://assets.publishing.service.gov.uk/media/637cec9dd3bf7f5a0b33f881/MICROSOFT_S_RESPONSE.pdf https://assets.publishing.service.gov.uk/media/634536048fa8f5153767e533/MSFT.ABK_phase_1_decision_-_1.09.2022.pdf https://assets.publishing.service.gov.uk/media/637cecede90e076b8043d8cd/Sony_Interactive_Entertainment.pdf

STORE WEBSITES https://store.playstation.com/en-us/pages/browse/1 https://www.nintendo.com/store/games/?p=4&sort=df&f=esrbRating&esrbRating=M

*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

*** Twitter: @hoeglaw Web: hoeglaw.com

Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.

With rumors flying about the imminence of an FTC lawsuit to prevent the deal (or is that an allowance of the deal...), Microsoft and allies at the Communication Workers of America launch into an all out Public Relations attack seeking to put pressure on the FTC's impending decision.

Will it work?

Let's discuss what's been said.

The girl in the corner should have warned you, it'll turn into a PR blitz...in Virtual Legality.

#Microsoft #Xbox #Activision

*** NEW MERCH LINK: https://virtuallegalityshop.myshopify.com/

*** CHAPTERS 00:00 Introduction (Thanks, Roketsu86!) 01:51 The Story So Far... 05:03 Enter the CWA 27:03 MS Talks to the Wall Street Journal 53:32 Conclusion

*** WANT TO SUPPORT THE CHANNEL?

UTREON - https://utreon.com/c/hoeglaw/

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*** Discussed in this episode:

PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8

ARTICLES https://www.politico.com/news/2022/11/23/exclusive-feds-likely-to-challenge-microsofts-69-billion-activision-takeover-00070787 https://www.economist.com/leaders/2022/12/01/trustbusters-should-let-microsoft-buy-activision-blizzard https://nypost.com/2022/12/04/rift-at-ftc-stirs-hope-for-microsofts-69b-activision-merger/ https://thehill.com/opinion/technology/3762122-for-once-the-ftc-is-considering-a-merger-that-helps-the-workers/ https://www.nytimes.com/2022/12/05/business/microsoft-activision-game-union.html https://www.wsj.com/articles/microsofts-activision-blizzard-acquisition-is-good-for-gamers-competition-sony-cross-play-ftc-11670260780

MS BLOG POSTS https://blogs.microsoft.com/on-the-issues/2022/06/02/employee-organizing-engagement-labor-economy/ https://blogs.microsoft.com/on-the-issues/2022/02/09/open-app-store-principles-activision-blizzard/

TWEETS https://twitter.com/CWAUnion/status/1599805950244065280 https://twitter.com/CWAUnion/status/1599874815145365504 https://twitter.com/CWAUnion/status/1599883803681755136 https://twitter.com/CWAUnion/status/1600128168584564736

SENATORS LETTER https://www.warren.senate.gov/imo/media/doc/2022.03.31%20Letter%20to%20FTC%20re%20Activision%20Microsoft%20Deal.pdf

CWA LETTER https://cwa-union.org/sites/default/files/20220630_cwa_to_ftc_uppdated_position_msft_atvi.pdf MS

CMA RESPONSE https://assets.publishing.service.gov.uk/media/637cec9dd3bf7f5a0b33f881/MICROSOFT_S_RESPONSE.pdf

*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

*** Twitter: @hoeglaw Web: hoeglaw.com

Microsoft x Activision may well prove the longest playlist on this channel, as the news simply won't stop.

Now, the NY Post has reported a defection at the Federal Trade Commission (FTC), but what does that mean for the deal and the agency?

And can we really trust their reporting?

Slaughter vs Khan sounds like a WWE matchup...in Virtual Legality.

#Microsoft #Xbox #Activision

*** NEW MERCH LINK: https://virtuallegalityshop.myshopify.com/

*** CHAPTERS 00:00 Introduction 1:17 Microsoft is Ready to Fight (Bloomberg) 6:01 The FTC's...State of Play 11:23 Back to Bloomberg 17:48 FTC Problems 23:14 Rift at the FTC (NYP) 45:38 CWA and Conclusion

*** WANT TO SUPPORT THE CHANNEL?

UTREON - https://utreon.com/c/hoeglaw/

PATREON - https://www.patreon.com/VirtualLegality

MERCH STORE - https://virtuallegalityshop.myshopify.com/

*** Discussed in this episode:

PLAYLIST https://www.youtube.com/playlist?list=PL1zDCgJzZUy_vBs7Qt9-ROfumOtIrSdP8

ARTICLES https://nypost.com/2022/12/04/rift-at-ftc-stirs-hope-for-microsofts-69b-activision-merger/ https://www.bloomberg.com/news/articles/2022-12-02/microsoft-is-ready-to-fight-for-its-69-billion-activision-deal https://www.bloomberg.com/news/articles/2022-07-29/ftc-s-khan-overruled-staff-to-sue-meta-over-virtual-reality-deal https://www.politico.com/news/2022/08/08/ftc-commissioner-noah-phillips-step-down-00050293 https://www.washingtonpost.com/politics/2022/08/10/ftc-vacancy-may-show-how-forcefully-republicans-will-target-tech-giants/ https://thehill.com/opinion/white-house/3671642-the-case-against-the-ftc/

LAW https://www.law.cornell.edu/uscode/text/15/41 https://www.ftc.gov/about-ftc/mission/enforcement-authority https://www.scotusblog.com/2022/11/justices-seem-receptive-to-opening-up-early-challenges-to-agency-proceedings/

FTC https://en.wikipedia.org/wiki/Federal_Trade_Commission

CWA MESSAGE https://twitter.com/CWAUnion/status/1599805950244065280

*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

*** Twitter: @hoeglaw Web: hoeglaw.com

Nintendo has long cultivated a moderately adversarial relationship with fans of its many gaming properties, but many thought things were looking up.

That all changed for the organizers of the Smash World Tour on the day before Thanksgiving.

What is their story? What does it have to do with something called the Panda Cup?

And what (if any) legal recourse might they have?

NINTENDO SMASH...in Virtual Legality.

#smashworldtour #nintendo #cancelled

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*** CHAPTERS 00:00 Introduction 3:04 Smash World Tour Speaks 20:42 Nintendo Allegedly Lays Out Its "Assurances" 42:25 (Some of) the Legal Possibilities 1:00:27 Conclusion

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*** Discussed in this episode:

SMASH WORLD TOUR STATEMENTS https://medium.com/@smashworldtour/smash-world-tour-official-statement-f568a3d135c8

JURY INSTRUCTIONS https://www.justia.com/trials-litigation/docs/caci/2200/2202/ https://www.justia.com/trials-litigation/docs/caci/1900/1907/ https://govt.westlaw.com/wciji/Document/I2cd238e4e10d11dab058a118868d70a9?bhcp=1&transitionType=Default&contextData=%28sc.Default%29

ARTICLES https://kotaku.com/nintendo-smash-world-tour-fgc-shut-down-panda-esports-1849833867 https://venturebeat.com/games/smash-bros-esports-in-chaos-nintendo-quashes-unaffiliated-events/ https://venturebeat.com/games/nintendo-partners-with-panda-global-for-super-smash-bros-melee-and-ultimate-events/

*** "Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

CHECK OUT THE REST OF VIRTUAL LEGALITY HERE: https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

*** Twitter: @hoeglaw Web: hoeglaw.com