Prison Architect 2, set to launch in September, has been indefinitely delayed, with the studio behind the game also announcing that it will refund customers who pre-ordered the prison building sim. It’s yet another road bump for publisher Paradox Interactive following the cancellation of a Sims-like game in June.
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Originally released in 2012 on PC, Prison Architect lets players build and maintain large prisons filled with criminals and guards. The original game received updates for years and was even ported to consoles and mobile devices. In 2019, Paradox Interactive purchased the franchise from original developers Introversion Software, and in 2024 announced a full, 3D sequel. However, the game was delayed earlier this year. And now, it’s been delayed again with no new release date.
On August 2, Paradox and developer Kokku announced that Prison Architect 2 was no longer arriving on September 3. In a post on the official Paradox forums, the devs explained they “need more time to improve both the game’s performance and its content.”
Paradox Interactive
The studio and publisher also added that they “can’t commit” to a new release date or window as they are re-assessing the “scope of work needed to be done before the game is release-ready.” It also warned that communication between the team and fans will be limited until they feel more “comfortable” showing the game and talking about a release timeline.
As a result of this indefinite delay, Paradox Interactive is refunding all pre-orders on all platforms and has pledged to include all previously promised pre-order digital items in the base game.
In a Q&A included with the announcement, the studio and Paradox stressed that Prison Architect 2 isn’t canceled.
It also doesn’t help that Paradox has had a string of failures and misfires over the last year or so. Vampire: The Masquerade – Bloodlines 2, first announced in 2019, was nearly canceled after multiple delays and a developer swap in 2023. The Lamplighter’s League was an expensive flop. And Cities: Skylines 2 launched in such a poor state that Paradox was forced to stop all DLC plans so the devs could focus on fixing the city builder.
Even Prison Architect 2 had some issues before this delay, with the original studio—Double Eleven—leaving the project over a financial disagreement with Paradox, leading to the publisher swapping the team out for Kokku in 2024.
A Call of Duty: Black Ops 6 campaign that looks like Mission: Impossible by way of an Adam Curtis documentary, a Gearsof War prequel that shows fans E-Day and the birth of the series’ iconic “Lancer” chainsaw gun, and a trailer that showed Perfect Dark isn’t just still alive, it’s potentially thriving. Microsoft’s 2024 summer showcase was the best that Xbox has looked going back to the Xbox One years. But it’s come at a huge price, and one the company doesn’t seem ready to acknowledge publicly.
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Insiders had been hyping the showcase for days, in part due to the fact that its full list of reveals and announcements had already leaked to some in the media and beyond. Fans have been burned before, expecting Xbox to finally turn a corner only to have the football pulled once again and realize the platform is still in another one of its inescapable “rebuilding” years. The proof is always in the games themselves, and how successful they are can only really be determined once they get into players’ hands. For now, though, the showcase delivered.
There was over sixty minutes of games big and small, offering everything from zombie survival to nostalgic teen hangout, punctuated by massive first-party franchises and third-party teases. If you own an Xbox Series X/S there will be plenty to play this year and next. Xbox game studios head Matt Booty’s perennial promise for a steady cadence of quarterly Xbox games worth showing up for might finally come true. The only thing missing from the event was any accountability for what, and who, Microsoft has sacrificed to get here.
It’s been just over a month since the company announced it’s shutting down three studios and reshuffling a fourth. One of the casualties, Tango Gameworks, and its 2023 hit Hi-Fi Rush, seemed to symbolize the best of Xbox in the Game Pass era: a hyper-stylized passion project from a newer team that wowed critics and won awards and wouldn’t have been possible without the “let a thousand flowers bloom” strategy behind the platform’s pivot to a Netflix-like subscription library. In a crushing reversal, however, the deep-pocketed tech giant cut the team, along with storied immersive sim makers Arkane Austin and others. According to internal comments from Booty and the head of parent company Zenimax, there just wasn’t enough bandwidth for one of the three most valuable companies in the world to manage so many studios.
The bad news and bullshit explanation might not have gone down like a lead balloon if Microsoft hadn’t announced mass layoffs just months earlier across several departments, including newly acquired Activision Blizzard. The cuts hit everyone from the Overwatch 2 team to Call of Duty makers Sledgehammer Games, and included the cancellation of Odyssey, a survival crafting fantasy game that might have become the first new franchise from Blizzard in nearly a decade. Microsoft spent $69 billion on the acquisition, Microsoft Gaming CEO Phil Spencer toured the Activision Blizzard King offices shortly after the deal was finalized last fall, and then in early 2024 the mask came off.
Microsoft Gaming CEO Phil Spencer blamed the heel turn on a combination of investor pressure and the stagnation of the console gaming market in interviews with Game File and Polygon. In other words: capitalism. But the complete closure of Tango Gameworks, originally founded by Resident Evil director Shinji Mikami to train a new generation of creatives, seemed especially capricious. The Xbox team didn’t mention the developers it’s laid off and their contributions in its remarks to a live audience ahead of the showcase today, or during the pre-recorded event itself. (Even after learning its fate, Arkane Austin worked hard to push out Redfall’s much-needed final update.)
Instead, Spencer opened the showcase by promoting Black Ops 6 and the company’s desire to bring one of the most popular franchises to even more players through the power of a $17-a-month subscription. It maybe wasn’t surprising given the billions Microsoft paid to acquire the series, but the choice to open the show this way underscored the new reality of an Xbox brand that now needs to make a return worthy of all of those investments. “I haven’t been talking publicly about this, because right now is the time for us to focus on the team and the individuals,” Spencer told IGN later in the day, away from the hundreds of thousands of fans tunning into the showcase.
He continued:
It’s obviously a decision that’s very hard on them, and I want to make sure through severance and other things that we’re doing the right thing for the individuals on the team. It’s not about my PR, it’s not about Xbox PR. It’s about those teams. In the end, I’ve said over and over, I have to run a sustainable business inside the company and grow, and that means sometimes I have to make hard decisions that frankly are not decisions I love, but decisions that somebody needs to go make.
The showcase, meanwhile, didn’t even clear the bar set days prior by Geoff Keighley at the Game Awards host’s own showcase. Xbox president Sarah Bond, who responded with corpo word salad when asked about studio closures last month, closed out the Xbox showcase by pointing to the future instead of dwelling on the recent past. “It’s our mission to make Xbox the best place to play, by including our own studios’ games on Game Pass at launch, by bringing your games into the future with our commitment to game preservation, by pushing the boundaries in our future hardware, and to empower you to play your games wherever you want on Xbox console, PC, and cloud,” she said. “This is what defines Xbox today and in the future, and we’re hard at work on the next generation.”
It was a commitment aimed at reassuring fans still recovering from the shock of the brand’s recent pivots. But the future is built on the past, and every shiny new Xbox game now comes with the question of what will happen to the teams Microsoft has purchased or partnered with, once it no longer feels like they serve its bottom line.
Update 6/9/2024 9:10 p.m. ET: Added comments from Spencer’s post-show interview with IGN.
Sony has named existing company veterans Hermen Hulst and Hideaki Nishino as the new heads of PlayStation. Hulst will take over and run a new Studio Business Group while Nishino is in charge of the Platform Business Group. The division of roles replaces former CEO of Sony Interactive Entertainment Jim Ryan, who retired earlier this year, and comes as Sony searches for its next PlayStation 5 blockbusters amid cost-cutting and cancellations.
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“Sony Interactive Entertainment is a dynamic and growing business that delivers incredible entertainment experiences through the connection of content and technology,” interim SIE CEO Hiroki Totoki said in a press release. “These two leaders will have clear responsibilities and will manage strategic direction to ensure the focus remains on deepening engagement with existing PlayStation users and expanding experiences to new audiences.” Both will continue reporting to Totoki who is also Sony’s President, COO and CFO.
Originally the head of Guerrilla Games, maker of Killzone and Horizon Zero Dawn, Hulst was promoted to head of PlayStation Studios in 2019 following the departure of Shawn Layden. He’s responsible for overseeing Sony’s first-party game development, including hits like Spider-Man 2 and God of War Ragnarök. Nishino was previously in charge of PlayStation platform technology and experiences, which he will continue to lead, in addition to now being in charge of third-party relations and commercial operations. Both men take over their new roles on June 1.
Ryan announced he was stepping down from PlayStation after decades with the company last fall. Earlier this year, Sony announced a series of cost-cutting measures, including hundreds of layoffs and project cancellations at its studios, and the closure of London Studio. The changes come as big-budget game makers try to negotiate spiraling development costs and a stagnating console gaming market. Sony’s big annual spring PlayStation Showcase is rumored to be happening later this month, though the company previously confirmed that no major new sequels were planned to release in the current fiscal year.
“I am thrilled to lead the Studio business group and continue to build on our success with PlayStation 5, while preparing for the future,” Hulst said in a press release. “The video game industry is one of the largest entertainment industries in the world and has been built on the marriage of content and technology, and I look forward to continuing to push the boundaries of play and entertainment.”
Earlier this week, Xbox announced that it would be shuttering several studios it had attained as part of its $7.5 billion purchase of Bethesda, including Arkane Austin, Tango Gameworks, Alpha Dog Games, and Roundhouse Studios, the last of which is being absorbed into another team. Collectively, the studios’ produced games like Dishonored, Prey, Redfall, Mighty Doom, Hi-Fi Rush, and more. These studios, and some of the more innovative titles that they developed, seemed at one point to be the future of Xbox’s floundering brand. After a downturn in many of Xbox’s large key franchises due to mismanagement, the shifting priorities of its audience, and the Xbox’s dwindling image across the world, titles like the ones these teams were developing seemed like the start of a promising new era for Xbox, one that might be marked by more creative, sustainably made games that weren’t designed to bleed its audience dry. – Moises Taveras Read More
After shutting down multiple Bethesda studios, Xbox and Bethesda leadership held a town hall meeting with staff to discuss the closures, explaining that the company’s studios had been spread too thin and that it wanted to focus on fewer projects moving forward.
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On May 7, Xbox announced that it was closing three studios—Tango Gameworks (Hi-Fi Rush), Arkane Austin (Redfall), and Alpha Dog Games (Mighty Doom)—with a fourth support studio, Roundhouse Studios, being absorbed by the team behind Elder Scrolls Online. According to a new report, on May 8, in the aftermath of these surprising shutdowns, Xbox President Matt Booty and Zenimax head Jill Braff held a large meeting with staff and laid out the reasoning behind the cuts.
As reported by Bloomberg, during the meeting Booty praised Hi-Fi Rush, but wouldn’t go into specific details on why the studio behind the colorful action game had been shut down.
Speaking more broadly about the closings, Booty reportedly explained that Xbox and Bethesda’s studios had become spread too thin, like “peanut butter on bread,” and that team leaders felt understaffed. The idea being that by closing studios, Xbox would free up resources elsewhere within the company. Booty also told staff at the meeting that Akrane Austin’s closing had nothing to do with Redfallflopping with fans and critics.
Reportedly both Tango and Arkane Austin had pitched games to work on next, including a Hi-Fi Rush sequel and possibly a new Dishonored or similar single-player immersive sim-like game. Those likely won’t happen.
Braff allegedly said that she hoped the closing of some studios would allow Bethesda/Zenimax to focus on fewer projects in the future.
“It’s hard to support nine studios all across the world with a lean central team with an ever-growing plate of things to do,” she said, according to a recording Bloomberg reviewed. “I think we were about to topple over.”
Tango and Arkane were trying to hire more people while pitching new games, and both Braff and Booty reportedly suggested that the long, expensive road those teams faced before being able to release something new was the main reason for closing the studios, implying that it was just bad timing as Microsoft looks to trim down costs and overhead. It’s reported that more cuts are likely for Xbox, according to people who spoke to Bloomberg.
It’s also reported that ever since the massive $69 billion Activision Blizzard acquisition in 2023, Microsoft leaders have been ramping up their scrutiny of the Xbox division. The Verge reported on Wednesday that executives at Microsoft and Xbox had discussed not adding Call of Duty games to Game Pass, and raising the price of Game Pass Ultimate. However, nothing is concrete yet.
Microsoft’s leaders taking a bigger interest in Xbox might help explain why Booty and others are looking to cut costs. Either way, it’s likely more folks at Xbox will lose their jobs in the future.
One of the worst years for cancellations, cuts, and closures in the history of the video game industry has just claimed its next victims, including Arkane Austin and Tango Gameworks. Developers and fans alike are in disbelief. “Great teams are sunsetting before our eyes again, and it’s a fucking gut stab,” wrote Dinga Bakaba, director at Arkane Austin sister-studio, Arkane Lyon.
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Set up in 2006, Arkane Austin helped develop the acclaimed 2012 whale-oil-punk immersive sim Dishonored, before leading development on 2017’s haunting sci-fi shooter Prey. Tango Gameworks, meanwhile, was founded in 2010 and is best known for making the Evil Within series of survival horrorgames, before bestowing a collective breath of fresh air on the video game industry last year with the colorful rhythm hack and slash platformer Hi-Fi Rush. Microsoft shut down both studios today, as well as other Bethesda subsidiaries Roundhouse Games and Alpha Dog Games, citing a need to focus on “high-impact” “priority games.”
“This is absolutely terrible,” tweeted Bakaba, co-creative director at the remaining Arkane studio, in the wake of the news. “Permission to be human: to any executive reading this, friendly reminder that video games are an entertainment/cultural industry, and your business as a corporation is to take care of your artists/entertainers and help them create value for you.”
The Deathloop co-director at the Microsoft-owned studio continued:
Don’t throw us into gold fever gambits, don’t use us as strawmen for miscalculations/blind spots, don’t make our work environments darwinist jungles. You say we make you proud when we make a good game. Make us proud when times are tough. We know you can, we seen it before.
For now, great teams are sunsetting before our eyes again, and it’s a fucking gut stab. Lyon is safe, but please be tactful and discerning about all this, and respect affected folks’ voice and leave it room to be heard, it’s their story to tell, their feelings to express.
Inside baseball, but if I read ‘immersive sim curse’ from the community, especially from a fellow dev, I swear to God… Please, let’s talk about the *real* challenges instead of rehashing irrational anxieties of the past. Even more inside baseball, but with a very, very wide range, as a wise and sorely missed man said: “Please Stop.”
Harvey Smith, co-director on Redfall at Arkane Austin, called today’s new “terrible,” adding that the team there had been through a lot together. Bloomberg previously reported that the vampire shooter’s troubled development grew out of a push by top Bethesda leadership to make a live-service game, a decision that ultimately led to sky-high attrition and multiple delays. “Your talent will lift you up, and I will do anything I can to help,” tweeted Smith. John Johanas, game director at Tango Gameworks, was also at a loss. “So this is how it ends…” he wrote. “Unfortunately I don’t quite have the words…But at least thank you to everyone who supported us.”
Back when Microsoft acquired Bethesda in 2021, its burgeoning Game Pass model seemed like a potentially great fit for Arkane Studios, whose creatively ambitious projects didn’t always seem to find the audiences they deserved. If Bethesda would never greenlight a Prey 2, maybe a deep-pocketed tech giant would see it as as a worthwhile addition to its Netflix-like subscription gaming library. If nothing else, the newly acquired teams would have no shortage of other holes to fill in Xbox’s struggling first-party lineup.
Adam Boyes, co-CEO at Iron Galaxy Studios, juxtaposed today’s carnage with Microsoft’s bottom line in a tweet screencapping the company’s recently announced quarterly profits of roughly $20 billion. “It hurts dude… it hurts,” wrote back Rich Lambert, head of ZeniMax Online Studios. “Angry. Frustrated. Shocked. Furious. Speechless. Dumbfounded. Perplexed,” wrote Alistair Hatch, another long-time veteran of Bethesda. “I have so much love for the studios affected. The people that made those teams were incredible, hard working, dedicated, and talented.”
People from other Microsoft-owned studios and outside the company have also been horrified by the news. “We took a lot of inspiration from both Evil Within and Evil Within 2 when developing Alan Wake 2,” tweeted Remedy Entertainment game director Kyle Rowley. “They are both excellent horror games and I’m very sad we will not get to see a continuation of the franchise from Tango Gameworks. “Why do I still do this?” tweeted Obsidian Entertainment communications director Mikey Dowling.
“Arkane did solid work and had a highly talented and motivated staff,” Mike Wikan, the former Retro Studios developer who led design on Metroid Prime, wrote on LinkedIn. “Companies need to understand that burning your Creative Production Studios to the ground is NOT the path to profitability.”
Garry’s Mod, a popular 2006 sandbox game that emerged from the modding scene around Valve’s Source software, has recently been issued takedown notices by Nintendo. As a result, Facepunch Studios, the developers of Garry’s Mod, are in the process of removing about 20 years’ worth of Nintendo-related content from the game.
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In an update to Garry’s Mod’s Steam page, the developers stated, “Some of you may have noticed that certain Nintendo related workshop items have recently been taken down. This is not a mistake, the takedowns came from Nintendo.”
The update continues, “Honestly, this is fair enough. This is Nintendo’s content and what they allow and don’t allow is up to them. They don’t want you playing with that stuff in Garry’s Mod – that’s their decision, we have to respect that and take down as much as we can.”
Despite Nintendo’s litigious nature, not to mention its fierce protectiveness over its brand image and that of its mascots, the notice from Nintendo comes as a bit of a shock. As the update goes on to note, Nintendo content has been hosted on Garry’s Mod for close to 20 years. Models of countless Nintendo mascots like Mario have been ported over to the Source engine for the enjoyment of anyone playing Garry’s Mod since the very beginning. It’s strange for Nintendo to suddenly come out of the blue and enforce a takedown of this much content, especially since the flexibility of the Source engine in Garry’s Mod was a large part of the appeal behind the game, which was popularized in the early 2010s by a slew of gaming Youtube personalities playing multiplayer social-deduction games in Garry’s Mod such as Prop Hunt and Trouble In Terrorist Town. Of course, you could also argue that Facepunch was, at times, a little too lenient about what they allowed on Garry’s Mod, making sense of Nintendo’s decision to take action after all this time.
Nintendo-themed add-ons seem to have begun getting taken down a few months ago, though Facepunch didn’t publicly divulge that the company had issued the takedowns until earlier today. The process has been “ongoing” since then, and the developers are still working to remove all of it, which is an understandably Herculean task.
It’s so much, in fact, that at the very end of the update, Facepunch jokes that, “If you want to help us by deleting your Nintendo related uploads and never uploading them again, that would help us a lot.”
The Walt Disney Company and Epic Games will collaborate on an all-new games and entertainment universe Image: Disney / Epic Games
Disney is making its biggest push yet into video games. On February 7, the Mouse House and Fortnitecreator Epic Games announced plans to create new games and an entertainment universe where consumers can “play, watch, shop and engage with content, characters and stories from Disney, Pixar, Marvel, Star Wars, Avatar and more,” company representatives said in a press release.
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“Our exciting new relationship with Epic Games will bring together Disney’s beloved brands and franchises with the hugely popular Fortnite in a transformational new games and entertainment universe,” said Disney CEO Robert Iger. “This marks Disney’s biggest entry ever into the world of games and offers significant opportunities for growth and expansion. We can’t wait for fans to experience the Disney stories and worlds they love in groundbreaking new ways.”
“Disney was one of the first companies to believe in the potential of bringing their worlds together with ours in Fortnite, and they use Unreal Engine across their portfolio,” said Epic CEO Tim Sweeney. “Now we’re collaborating on something entirely new to build a persistent, open and interoperable ecosystem that will bring together the Disney and Fortnite communities.”
Disney x Epic Games
This isn’t the first time Disney and Epic have collaborated. Fortnite has hosted several Star Wars-themed events over the years, including last year’s Find the Force event honoring the Prequel Trilogy. Back in 2020, Fortnite’s Nexus War with Galactus event based in the Marvel universe drew more than 15.3 million concurrent players, according to the press release announcing the deal.
While it’s tempting to think of Disney as primarily a producer of movies, TV, and Baby Yoda merch, it’s had a finger in the gaming pie for some time. This little nugget from the press release surprised me a little. “Licensed games from Disney garnered more than 150 award nominations, wins and other accolades in 2023, including multiple Game of the Year nominations for Marvel’s Spider-Man 2. Disney mobile games have 1.5 billion global installs, and to date, nine Disney games franchises have each grossed more than $1 billion in sales.” Who knew?
Anyway, congratulations to both these desperately cash-strapped companies who so sorely needed a chance to make more money.
Last week, Microsoft laid off 1900 video game workers across its various studios. This included cuts at recently acquired Activision Blizzard. And one employee, before being laid off, used a Blizzard company perk to walk away with nearly 10 years of World of Warcraft subscription codes.
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The video game industry’s terrible 2023, which saw thousands of people laid off across multiple companies, has continued into 2024. As of January 29, according to Kotaku’s layoff tracker, nearly 6,000 cuts have been made at places like Unity, Riot, Bethesda, Twitch, Discord, and Activision Blizzard. One developer at Blizzard realized what was happening and took advantage of a company perk before losing access.
As spotted by PC Gamer, on January 25, the same day the layoffs at Blizzard happened, former product lead Adam Holisky tweeted that once he “realized what was happening” and that he was one of the nearly 2,000 people losing their jobs that day, he made sure to “jump into Keyring and use all the 1-year [pre-paid World of Warcraft] subscription codes” he had yet to activate.
He then shared a screenshot that shows that he doesn’t have to pay for his World of Warcraft subscription until October 14, 2033. That’s one hell of a parting gift and beats a watch or pizza party, that’s for sure.
“Free game time is a well-known employee benefit,” Holisky added on Twitter. “I just never used all the codes I got over the years. It’s nothing sketchy or immoral.”
I reached out to Holisky and he explained to me that Keyring is an internal system at Blizzard where employees can access digital game codes that they “earned for whatever reason.”
He clarified that he had stockpiled these one-year codes while working at Blizzard for nearly five years. Another employee who was laid off at the company tried a similar tactic, but it seems so many others were trying to get their codes before getting laid off that they all crashed the Keyring service.
So Holisky was like Indiana Jones sliding under the door and grabbing his hat at the last second, except the stone door is horrible layoffs causing 1,900 people to be out of work and the hat is a decade of key codes. And while a decade of WoW subscription time is a nice prize, I assume most folks would rather have a job instead.
Think the first week of January is a slow one for news? Think again. A 13-year-old Tetris phenom has boldly gone where no one has gone before, beating the NES version of the classic puzzler by reaching a “kill screen” on level 157. Steam announced the occasionally baffling results of its annual players’ choice awards, and The Elder Scrolls II: Daggerfall got a free-to-play, fan-made remaster.
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Before Starfield, before Skyrim, before Fallout 3 and Oblivion, before your parents even knew how to make you, there was The Elder Scrolls II: Daggerfall. It was, and remains, Bethesda’s biggest-ever game, and now a fan-made rebuilding of the entire vast world in Unity has reached its 1.0 release. Oh, and it’s entirely free, and won’t be destroyed by lawyers! This new Daggerfall is an almighty achievement, and exactly the excuse you needed to return to Tamriel. – John Walker Read More
The results of 2023’s Steam Awards are in. Each year, Steam turns to the community to vote on the year’s best games across a wide variety of categories. This year saw Larian Studios’ RPG Baldur’s Gate 3 grab game of the year, while Lethal Company, a first-person cooperative horror game,got the “Better With Friends Award” for its co-op gameplay. The Last of Us Part I snagged Best Soundtrack, which seems odd because it came out in 2013, but it technically wasn’t added to Steam until 2023. – Claire Jackson Read More
Just two months after the third-person action-horror game Stray Souls came out, developer Jukai Studio abruptly shuttered its doors, citing myriad issues including poor game sales and multiple cyberattacks from an unknown perpetrator.The developer took to X/Twitter on December 22 to announce the sudden closure. Part of the problem, Jukai Studio said, was Stray Souls’ abysmal reception and sales, which made the team “completely unable to sustain the company.” – Levi Winslow Read More
Classic puzzle game Tetris has been around for over three decades, and in that time, plenty of people have reached its various endings, usually by clearing four rows of bricks at once like a digital demolitioner. That’s a challenge in and of itself, but now, someone has taken the concept of “beating Tetris” to the extreme by playing the NES game so hard it straight-up crashed, a phenomenon also known as the “kill screen.” – Levi Winslow Read More
Forever-in-development space sim Star Citizenmight not be finished after over a decade of dev work and announcements, but it does already contain a lot of expensive ships you can buy and fly around in. And if you want all of those ships in one big DLC pack, Star Citizen has an option for you. Just be prepared to spend over $48,000. – Zack Zwiezen Read More
Here’s something unironically wonderful. Via a post by Larian Studios writer Rachel Quirke, we’ve just learned of a deeply moving tribute to a player’s father that appears in the studios’ award-winning RPG Baldur’s Gate 3. In October 2020, a member of the Larian forums posted to thank the developer for releasing the first act of the game in Early Access, because it allowed them to enjoy one last adventure with their father, who had recently been diagnosed with Alzheimer’s. – John Walker Read More
Screenshot: Ubisoft Massive Entertainment / Kotaku
Star Wars Outlaws, Ubisoft’s upcoming action-adventure game that follows scoundrel Kay Vess between The Empire Strikes Back and Return of the Jedi, previously had no release date beyond a very broad “2024” window. Today, however, a Disney Parks blog post quietly announced that it would launch in “late 2024.” This didn’t last long, as Ubisoft promptly swooped in to correct the record and re-assert the general 2024 timeframe. – Levi Winslow Read More
City of Heroes was a beloved MMORPG that launched in April 2004 and lasted just over eight years. In that time it won a dedicated community of players who, even after the game died, kept playing the MMO via private servers that existed in a weird legal gray area. But now, the developers behind City of Heroes have given one private server the official thumbs-up to keep on keeping on. – Zack Zwiezen Read More
Activision Blizzard has been the subject of scrutiny for several years now, due to its widely criticized “Boys’ Club” corporate culture of sleazy shenanigans. And now, late on a Friday evening just before the holiday season begins in earnest, The Wall Street Journal reports the embattled gaming company announced on December 15 that it will pay $50 million to settle a 2021 gender discrimination and harassment lawsuit—the same lawsuit that seemingly prompted Microsoft’s landmark $69 billion acquisition of the Call of Duty and Overwatch publisher that was finally greenlit after an 18-month legal battle in October of this year.
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California’s Civil Rights Department sued Activision back in 2021, claiming company leadership willfully ignored employee complaints regarding pay disparity, gender- and sexuality-based harassment, and discrimination.
Activision has repeatedly denied these charges. Company representatives have also claimed that an internal investigation by its board of directors concluded that the allegations against the company were without merit. When the Microsoft acquisition closed earlier this year, longtime Activision CEO Bobby Kotick was “asked” to stay for another two months, through the end of 2023.
According to the Journal, which broke the story regarding the settlement, the state of California had initially estimated Activision’s liability for a far greater amount than $50 million.
The state in 2021 estimated Activision’s liability at nearly $1 billion to 2,500 employees who might have claims against the company, court documents show. Activision had around 13,000 employees as of the end of 2022.
Citing anonymous sources familiar with the matter, the Journal goes on to claim that state agencies had “initially sought an amount much greater than the settlement Riot Games paid earlier this year to settle its lawsuit.” The Riot settlement in May 2023, which touched upon similar grievances relating to toxic workplace culture, resulted in a $100 million settlement for plaintiffs.
Video games make the world a better place. We’ve got honkin’ deals on Xbox Series X, a new genocide-free romance option in Baldur’s Gate 3, and wicked-strong Marvel Snap decks for your perusing pleasure.
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Here are the tips and deals we found most helpful this week.
Assassin’s Creed Syndicate, the Ubisoft stealth adventure series’ 2015 entry featuring dual protagonists that’s set in 19th century London, is currently free on PC until December 6. There’s just one twist: You’ll need to get it from Ubisoft Connect launcher (insert horror emoji). Don’t hate the messenger. Read More
Minthara is one of Baldur’s Gate 3’s most interesting companions, but only a select few people tend to see much of the Drow Paladin in their playthrough because recruiting her typically requires you to help her slaughter Tiefling refugees. Despite this, fans have found creative workarounds to recruit her without having to engage in genocide, but in Baldur’s Gate 3’s fifth patch, Larian has implemented a streamlined way to add her to your team. Read More
Baldur’s Gate 3’s Patch #5 is bringing more reasons than ever to go back to Larian Studios’ excellent RPG with new modes and, more importantly, a new epilogue that takes place six months after the main game. Read More
Image: Arika / Bandai Namco Online / Digerati / EA / Gameloft / Secret Location / Ratloop Games / Square Enix / Hi-Rez / Good Luck Games LLC / Gun Media / Polyphony Digital / Warlogics / Sharkmob / Yager Development / Kotaku
We’re still making it through 2023 and a surprising number of games have already been killed off, as devs have announced their impending deaths. Normally, we’d reserve this list for the end-of-the-year round-up, but we’re ringing the death knell early because, with 15 games already lined up for public execution, we need to start paying our respects now. So, let’s get right into it. Read More
Gif: Square Enix / Vertigo Games / Warner Bros. / Ubisoft / Cygames / Nintendo
Well folks, the final 31 days of 2023 are upon us. While I expect you’ll likely have picked out your personal game of the year already, there’s still time for some more games to hit physical and virtual shelves, and maybe one of them will be a nice send-off to a wild year of killer games. Read More
It’s no secret that the Xbox Series X hasn’t been selling great, and this holiday season Microsoft’s “next-gen” console is getting some huge discounts. For a brief period today, Amazon was selling the Starfield machine for as little as $350. Read More
Oh, hi again! We’re in the final month of what is arguably one of the most impressive years in gamingin recent memory. So when you find yourself at the end of the week looking to get some gaming in, how can you possibly choose among the embarrassment of riches that’s been released this year alone? Read More
From mergers to memes, the landscape of interactive entertainment is always in motion. Here’s your cheat sheet for the week’s most important stories in gaming.
Following some intense controversy surrounding her new snack brand, popular Twitch streamer Pokimane has apologized for an insensitive comment she made to a “rude chatter” during a November 18 livestream. Read More
When you think of Nintendo, you tend to think of family-friendly gaming. You think of Link and Mario and sunshine and smiley stars. The word “adult” doesn’t likely come up when you ponder games on Switch, but that’s seemingly about to change. The company is adding a new 18+ app to its subscription service, Nintendo Switch Online, although only in Japan. Read More
As Cyberpunk 2077 approaches its third anniversary, the beleaguered blockbuster is getting a send-0ff to immortalize its unlikely turnaround. CD Projekt Red announced an Ultimate Edition for the sci-fi RPG on November 21 that includes this year’s Phantom Liberty expansion and the massive 2.0 overhaul patch. There will even be a physical copy for PlayStation 5 and Xbox Series X/S owners. Read More
A lawsuit filed last year accused Sony of using its walled-garden video game platform to charge players too much in the PlayStation Store. The London Tribunal has now allowed that lawsuit to move forward, against the PS5 maker’s objections, which could result in payments to players in the UK of up to $7.9 billion if it is ultimately successful. Read More
Buying super special “collector’s editions” of video games can be like heading into treacherous waters. These often-expensive boxes full of goodies (and also a video game) tend to sell out pretty quickly, and then you’re more likely to find them for double the price on reseller sites like eBay or Facebook’s marketplace. But if you’re eyeing the Baldur’s Gate 3 Deluxe Edition set to ship next year, Larian Studios is telling fans not to worry about it selling out, because the team isn’t making it a limited item. Read More
Slow news day? You betcha. But look, it’s Thanksgiving, and there’s a good chance people are cooking and eating just about anything they can find right now. Please, if we can save just one person from trying to cook their Steam Deck, then it will have been worth it. Read More
The white wolf is coming to Destiny 2 by way of some new cosmetics. Bungie teased a crossover with CD Projekt Red’s beloved RPG The Witcher 3 that will add three new armor sets to make players look like protagonist Geralt of Rivia, at least if they’re willing to shell out $20 or more for a single set. The new skins look great, but also arrive at Destiny 2’s lowest point in years. Read More
To avoid what many consider aggressive monetization, Mortal Kombat 1 players are doing everything they can to avoid buying cosmetics in NetherRealms’ latest 2D fighter. The latest exploit involves them utilizing a console date change hack to acquire once-free character skins that are now only available if you buy them. Read More
It’s been a surprisingly strong year for the Nintendo Switch even as sales slow and fans eagerly await its successor, and today the company promoted a bunch of indie games that will fill out the console’s release calendar heading into 2024, from a new Shantae action-platformer to a port of beloved cult-hit sci-fi mystery game Outer Wilds. Unfortunately, everyone’s favorite Hollow Knight sequel, Silksong, is still MIA.
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Last month’s Super Mario Bros. Wonder was the fastest-selling game in the franchise’s history, and a remake of the beloved SNES classic Super Mario RPG arriving later this month rounds out another great year for the Switch. But plenty of smaller games are also coming to the device this holiday season and beyond, and Nintendo highlighted some of the big ones in its latest Indie World Showcase.
Here’s everything we saw during Nintendo’s brief presentation today:
Shantae: Risky Revolution (WayForward)
The 2D half-genie is getting another retro follow-up to the original 2002 Game Boy Color adventure (which goes for four digits on eBay and still isn’t part of the Switch Online catalog). Risky Revolution will be a mix of old and new, with creature transformations and big boss fights as well as a four-player co-op mode and the ability to jump between the background and foreground. It’s out sometime next year.
Outer Wilds was an excellent space exploration puzzler and one of the best games of 2019. Now it’s finally coming to Switch next month on December 7. Archaeologist Edition will include the Echoes of the Eye expansion, and will be a must-play on Switch for anyone who hasn’t already experienced its compelling mysteries, deep secrets, and incredible ending, assuming the performance and visuals are still intact on Switch.
On Your Tail (Memorable Games/Humble Games)
Gif: Memorable Games / Kotaku
This is a new one about exploring the seaside village of Borgo Marina trying to unmask who’s been menacing the place by collecting clues in the form of trading cards. On Your Tail has you play as the young detective Diana, who can chill, fish, and meet new friends in this detective life sim hybrid. It’ll be a timed Switch exclusive in 2024.
A Highland Song (Inkle)
Another 2.5D narrative-led platformer? Sign me up. A Highland Song is about guiding a character named Moira on a journey through the Scottish Highlands. There’s rhythm-action elements with the music affecting how quickly you can progress, and inclement weather forcing you to change up your approach. A Highland Song comes to Switch on December 5.
Backpack Hero (Jaspel/Different Tales)
Another deck-building roguelike? Sign me up for that too! Backpack Hero looks similar to a Dungeons & Dragons campaign turned into a Magic: The Gathering deck builder except your arsenal will be dependent on how you organize the limited space in your backpack. Loot you collect from dungeons is brought back to help repair your village, which you can expand and decorate as you see fit. The game goes live today.
Howl (Mi’pu’mi Games/Astragon Entertainment)
Gif: Mi’pu’mi Games / Kotaku
Howl is a turn-based tactics game that features a “living ink” art style that lets you see upcoming enemy attacks and plan multiple turns in advance, making every encounter into a little puzzle box. A plague is sweeping through the world and the only way to defeat it is to collect resources and upgrade your abilities. You know, the usual. Howl is out now and has a free demo.
Blade Chimera is basically a cyberpunk Castlevania. There have been a lot of these retro 2D action-platformers in recent years, but Blade Chimera’s art and abilities make it seem like it could stand out. A Lumina Sword helps the hero slice down enemies and also restore old parts of the environment to unlock new paths forward. It’s a Switch timed exclusive coming spring 2024.
Death Trick: Double Blind (Misty Mountain Studio/Neon Doctrine)
Gif: Misty Mountain / Kotaku
The circus is in town and someone’s dead…probably. Death Trick is a choose-your-own adventure visual novel in which you play a detective interviewing acrobats and fire-breathers to find out what happened to a missing performer. It’s coming to Switch in 2024, with a free demo out today.
The Star Named EOS (Silver Lining Studio/Playism)
Gif: Silver Lining Studio / Kotaku
Picture a storybook where you dive into the pages and learn about your past memories. That’s what The Star Named EOS looks like. The puzzle adventure “explores photography and the ways we can capture the fleeting moments that shape our lives.” It will probably make you cry. The Star Named EOS is headed to Switch by spring 2024.
Moonstone Island (Studio Supersoft/Raw Fury)
Gif: Studio Supersoft / Kotaku
Moonstone Island might just have it all: creature collecting, dungeon crawling, deck building, card-based combat, and life sim farming. Hopefully the adorable and colorful-looking mashup of Pokémon, Stardew Valley, and Slay the Spire is half as good as the recipe suggests. The initial reviews on PC have been great. It will be a Switch timed exclusive launching in spring 2024.
Core Keeper (Pugstorm/Fireshine Games)
You probably know this one already. If you don’t, Core Keeper is kind of like Minecraft meets Zelda. Another way of saying that is it’s like crafting sim Terraria if it were top-down instead of a side-scroller. You dig tunnels to collect materials, items, and treasure that can be used to make a home-turned-factory deep underground while you search for an ancient relic. It features up to eight player co-op, lots of RPG elements, and some neat environments. The Switch port of the Steam hit is coming in summer 2024.
But wait, there’s more!
A sizzle reel near the end of the livestream also teased a bunch of other games coming to Nintendo Switch at the end of 2023 and in the year ahead. Here’s the PR:
Enjoy the Diner, a mysterious narrative adventure with point-and-click elements, available on Nintendo Switch later today!
Passpartout 2: The Lost Artist, a painting adventure in which you’re invited to explore the charming town of Phénix while creating and selling works of art, available on Nintendo Switch later today!
Heavenly Bodies, a delightfully challenging physics-based space puzzler that asks you to complete a series of seemingly simple tasks aboard a 1970s space station, arriving to Nintendo Switch in February 2024.
Braid: Anniversary Edition, a remaster of the acclaimed puzzle-platformer, with updated graphics and sound, plus newly added developer commentary, launching for Nintendo Switch on April 30, 2024.
The Gecko Gods,a relaxed puzzle-platformer starring a tiny gecko who must explore a set of mysterious islands and temples on a mission to save its friends, launching on Nintendo Switch in spring 2024.
Planet of Lana, a cinematic puzzle-adventure framed by an epic sci-fi saga that stretches across centuries and galaxies, launching on Nintendo Switch in spring 2024.
Urban Myth Dissolution Center, a captivating mystery game in which you’re tasked with investigating curses, haunted houses and other urban myths, coming to Nintendo Switch in 2024.
While most of these games are still a couple of seasons away, Backpack Hero, Enjoy the Diner, and Passpartout 2: The Lost Artist are all out today. Howl and Death Trick: Double Blind also have free demos out today. The heavily rumored “Switch 2” could get revealed any day now, but there’s still a ton of games coming to the existing hardware. Hopefully all of them will be backward compatible on whatever new console Nintendo is currently cooking up.
CEO John Riccitiello has retired from game development software company Unity after possibly its worst month of bad headlines ever. The tech company that’s slowly morphed into an in-game advertising firm announced a confusing and seemingly predatory new set of fees for game makers in September, only to walk the policy back after studios threatened to abandon the Unity engine moving forward.
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James M. Whitehurst, former head of the IBM-acquired open source software company Red Hat, will take over from Riccitiello as interim CEO while Unity’s board of directors search for a new long-term replacement. “It’s been a privilege to lead Unity for nearly a decade and serve our employees, customers, developers and partners, all of whom have been instrumental to the Company’s growth,” Riccitiello said in a press release. “I look forward to supporting Unity through this transition and following the Company’s future success.”
Riccitiello joined Unity back in 2014 shortly after leaving Electoronic Arts. He oversaw the game engine company’s shift from one-time licensing fees to an ongoing subscription model, launched the IPO in 2020, and made a series of acquisitions, including the in-app monetization firm IronSource in 2022. When Unity first went public, its stock price was around $68. Today it’s just over $30.
Once synonymous with the explosion of creativity and experimental design in the indie gaming space, Unity is being left by Riccitiello a month after a bungled new monetization strategy rollout burned bridges with tons of game makers. The initial messaging made it sound like game developers might be charged fees every time their game was installed, including retroactively.
A follow-up apology by president and general manager Marc Whitten later clarified that the new terms would only apply beginning in 2024, and laid out much bigger carve-outs for smaller studios whose games don’t hit a certain threshold of income. But for many developers it was too late. Their trust in the company had already been irrevocably shaken. Re-logic, maker of the Steam hit Terraria, pledged $200,000 toward the creation of a Unity competitor, and Slay the Spire dev, Mega Crit, says it will still move to rival game software platform Godot.
Rethinking monetization more aggressively was also one of Riccitiello’s legacies at EA. His seven years at the FIFA (now EA Sports FC) and Battlefield publisher saw it experiment with day-one DLC, microtransactions, and a focus on post-launch content. While there was no week-long crisis moment on the scale of what happened at Unity last month, it’s clear he helped usher in the company’s current live-service era, which many players now feel nickel-and-dimed by. Madden and FIFA’s lootbox modes were both added while he was head of EA, though they didn’t become the billion-dollar windfalls they are today until the tenure of his successor, current CEO Andrew Wilson.
Perhaps nothing summed up Riccitiello’s time at both EA and Unity better than another controvertial incident last year. In an interview with Pocketgamer.biz in July 2022, he called developers who don’t think about monetization early in the process “fucking idiots.” He immediately walked the comments back the next week, calling articles about it “clickbait” that took his comment out of context, but later apologized, saying he should have chosen his words more carefully.
That unforced error came shortly after the company revealed hundreds of layoffs at the same time it was buying IronSource in a $4.4 billion all-stock deal. Six hundred more were laid off at Unity earlier this year. Meanwhile, Riccitiello, in addition to the millions he has in Unity stock, will be kept on salary until April of 2024.
Update 10/11/2023 4:50 p.m. ET:SFGate reports that Riccitiello is set to earn up to $8.4 million through stock options over the next six months. That’s in addition to the roughly $253 million he already holds in current Unity stock.
When speculation rife that Microsoft expects to finalize its purchase of Activision Blizzard this week, and COD: Modern Warfare III out in a month, it seems people have been wondering when Activision’s games will start appearing on Microsoft’s Game Pass. According to a tweet from Activision Blizzard, it should be some time next year.
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The entire debacle of Microsoft’s attempts to buy Activision Blizzard feels it has been clogging up gaming news for years. In fact, it all started only last January, but followed hot on the heels of months of grim and gruesome reporting on the heinous working conditions at the developer’s various studios. This week could see that enormous, shitty chapter come to a close. Presumably so another enormous, shitty chapter can start.
But still, more games on Game Pass!
“As we continue to work toward regulatory approval of the Microsoft deal,” said Activision Blizzard on X, “we’ve been getting some questions whether our upcoming and recently launched games will be available via Game Pass.”
The Verge reported on Friday that Microsoft is getting ready to close the $68.7 billion deal, with October 13 thought to be the Big Day. Of course, this is all being held back by the UK Competition and Markets Authority (CMA), which is the one international regulator that managed to decisively block the deal. However, being the UK’s CMA, it did it in the most cack-handed way, blathering on about unfair market control of cloud gaming, or some-such abstract technicality.
This complete whiff, entirely ignoring the concerns of, you know, Microsoft forming an actual monopoly, ensured a pathway for the two corporations to renegotiate arrangements such that it would avert the CMA’s peculiar strategy, and a couple of weeks ago it was provisionally stated it had succeeded. We should be finding out this week if the CMA is entirely satisfied, and given that’s likely to be the case, signet-ring-bearing hands will shake and overpriced Champagne shall be popped, as a bunch of extraordinarily rich people stand to get even richer.
“While we do not have plans to put Modern Warfare III or Diablo IV into Game Pass this year,” continues that Activision tweet, “once the deal closes, we expect to start working with Xbox to bring our titles to more players around the world.” So when? “And we anticipate that we would begin adding games into Game Pass sometime in the course of next year.”
It’s oddly slow, if anything. They’ll be the same company, and they’ve known they would been the same company for the last 20 months, so it seems strange that it’ll take another few months before Microsoft will be hosting what will suddenly become first-party games on its own streaming service.
There’s one small cloud hanging over their grey-suited celebrations: the FTC still has an appear in with the Ninth Circuit Court of Appeals, and that decision won’t appear until December. Should it succeed, it would then become about trying to undo the already sealed deal, which would be a whole other level of difficult, and no one surely believes the FTC has the teeth or the fight in it to win.
So, the industry shrinks yet again, with less competition, fewer major publishers attempting to outsell each other, and so less choice and worse prices for the gaming public. It doesn’t seem like the games industry can be far away from the monstrous and idiotic situation of the music industry, in the control of the Big Four record labels. It certainly seems unlikely that any regulatory bodies will be able to stop it, either way.
But you know, you can get next year’s COD on your subscription, so shhhhh.
The head of PlayStation is stepping down, Sony announced in a press release today. Jim Ryan, Sony Interactive Entertainment’s CEO, is retiring after just four years on the job. The massive shakeup in leadership comes as the PlayStation 5 breaks sales records and as Sony has doubled-down on prestige blockbuster games like The Last of Us Part 1 and Marvel’s Spider-Man 2.
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“After 30 years, I have made the decision to retire from SIE in March 2024,” Ryan said in a statement. “I’ve relished the opportunity to have a job I love in a very special company, working with great people and incredible partners. But I’ve found it increasingly difficult to reconcile living in Europe and working in North America.”
Ryan will officially leave the position in April, 2024. Hiroki Totoki, Sony Group Corporation President, COO and CFO, will help with the transition and take on the role of interim CEO of PlayStation once Ryan leaves, and will help with the search for his successor. The news was first reported by Bloomberg’s Jason Schreier.
A 30-year veteran of Sony, Ryan was promoted to the top PlayStation job in 2019 after a re-organization saw head of CEO of Worldwide Studios, Shawn Layden, step down, and President of Worldwide Studios, Shuhei Yoshida, transition into a more background role working with indie game developers.
As head of PlayStation, Ryan oversaw the launch of the PS5, which despite pandemic-era shortages, is now on pace to break sales records thanks to an ongoing lineup of first-party exclusive blockbusters like Horizon Forbidden Westand God of War Ragnarök. His tenure also included the launch of PS VR2, as well as a major pivot by the subscription service PS Plus to more directly compete with Xbox Game Pass’ Netflix-like library of games.
Sony Group Corporation and Sony Interactive Entertainment (SIE) today announced that SIE President and CEO Jim Ryan has made the decision to retire in March 2024 after almost thirty years with the PlayStation business. To support Mr. Ryan in his transition, Sony Group Corporation President, COO and CFO Hiroki Totoki will assume the role of Chairman of SIE effective October 2023. Effective April 1, 2024, Mr. Totoki will be appointed Interim CEO of SIE while he continues his current role at Sony Group Corporation. Mr. Totoki will work closely with Sony Group Corporation Chairman and CEO Kenichiro Yoshida and the management team of SIE to help define the next chapter of PlayStation’s future, including the succession of the SIE CEO role.
Jim Ryan joined Sony Interactive Entertainment’s Europe-based legal entity, Sony Interactive Entertainment Europe (SIEE) — which was then Sony Computer Entertainment Europe — in 1994. Since then, he has held a number of senior positions at the company including President of SIEE, Head of Global Sales and Marketing at SIE and Deputy President of SIE since January 2018, before being appointed SIE President and CEO.
Comment from Kenichiro Yoshida
“Jim Ryan has been an inspirational leader throughout his entire period with us, but never more so than in overseeing the launch of PlayStation 5 in the midst of the global COVID pandemic. That extraordinary achievement made by the entire SIE team has been steadily built on and PlayStation 5 is on track to become SIE’s most successful console yet. I’m immensely grateful to Jim for all his achievements. Respecting Jim’s decision to finish his long career at Sony leaves me with an important decision regarding his succession given the significance of the Game & Network Services business. We have discussed intensively and have determined the new management structure. We aim to achieve Sony Group’s further evolution and growth through bringing even greater success to the Game & Network Services Business.”
Comment from Jim Ryan
“After 30 years, I have made the decision to retire from SIE in March 2024. I’ve relished the opportunity to have a job I love in a very special company, working with great people and incredible partners. But I’ve found it increasingly difficult to reconcile living in Europe and working in North America. I will leave having been privileged to work on products that have touched millions of lives across the world; PlayStation will always be part of my life, and I feel more optimistic than ever about the future of SIE. I want to thank Yoshida-san for placing so much trust in me and being an incredibly sensitive and supportive leader.”
Comment from Hiroki Totoki
“I would like to express my heartfelt gratitude to Jim Ryan for his outstanding achievements and contributions over his 30-year career at Sony, including the great success of launching the PlayStation 5. The PlayStation business managed by SIE is an essential part of Sony Group’s entire business portfolio. I will work with Jim and the senior management team closely to ensure our continued success and further growth. I am also looking forward to creating the exciting future of PlayStation and the game industry together with everyone at SIE and its business partners.”
On July 24, Call of Duty maker Activision Blizzard filed a lawsuit in California alleging that YouTuber Anthony Fantano, a music critic who runs the immensely popular channel The Needle Drop, is misusing intellectual property law and “leveraging the popularity” of a widespread TikTok voice clip he created for financial gain. The company said that Fantano, widely known as “the internet’s busiest music nerd,” has embarked on a “scheme” to sue certain users of the clip unless they pay him “extortionate amounts of money,” with Activision Blizzard apparently being Fantano’s largest target.
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At the center of the dispute is a widely used voice clip of Fantano saying “it’s enough slices!” The clip originates in a 2021 TikTok that features Fantano reacting to a pizza being cut into increasingly smaller slices. Fantano looks on appreciatively for a while but the slicing just doesn’t stop, prompting him to eventually scream the now-famous line.
The video garnered millions of views and spawned thousands of copycats, leading Activision Blizzard to create their own rendition of the meme in a now-deleted June 2023 TikTok promoting some Crash Bandicoot shoes. Apparently, Fantano wasn’t about it, alleging it created a “false endorsement” of the product without him actually being associated with it. He sent the company a cease-and-desist letter on June 27 demanding that Activision Blizzard stopped using the audio and made a six-figure settlement payment to him. If the company didn’t pay up, he would “initiate litigation.” Interestingly, though, Activision’s lawsuit alleges that Fantano himself opted to put the clip in TikTok’s “Commercial Sounds” library, specifically designating it as usable in advertisements.
“In reliance on TikTok’s explicit representation that the ‘Slices Audio’ was part of its ‘Commercial Sounds’ library— described as ‘sounds that are licensed for commercial use’—Activision paired that video with the ‘Slices Audio,’” the company wrote in the 33-page lawsuit. ‘Notwithstanding that thousands of TikTok videos containing the Slices Audio have been available on TikTok for years without complaint, Fantano suddenly decided that Activision’s video infringed his publicity rights and constituted a false endorsement.”
Activision is effectively arguing that Fantano is trying to game the law for his own gain, with the company’s lawyers writing, “Fantano has embarked on a scheme whereby he selectively threatens to sue certain users of the Slices Audio unless they pay him extortionate amounts of money for their alleged use.”
“This dispute is a textbook example of how intellectual property law can be misused by individuals to leverage unfair cash payments,” Activision’s lawyers wrote. “Fantano was very happy to receive the benefit of the public use of the Slices Video. It was only after he identified a financial opportunity—namely, receiving unjustified settlement payments—that he suddenly decided that his consent was limited. The law does not permit, and the court should not countenance, such overt gamesmanship.”
The company is seeking reimbursement of its legal expenses and a ruling declaring that Fantano cannot sue TikTok users for using the voice clip.
Richard Hoeg, a lawyer who specializes in digital and video game law, told Kotaku in an email that while he hasn’t seen all of the materials in the lawsuit, based on what he knows this far, the company has a decent case here.
“As described by Activision (and remembering theirs is only one side of the story), it would seem they have a good case,” Hoeg said. “The TikTok audio library appears to allow for general commercial use on TikTok, so anyone placing content in the library should be limited in their rights to challenge. That said, there still could be facts we don’t know like whether an unauthorized third party actually effected the sound’s inclusion or even whether it might have been automated.”
Kotaku reached out to Activision Blizzard and Fantano for comment.
The Xbox app has a section called “popular with friends” that shows you the games your buddies are playing. It can be a handy little tool for bothering your friends about their progress in Diablo IV or needling them over their refusal to stop playing Overwatch 2 (it’s me, I’m that friend).
But based on a picture shared on Reddit, it looks like at least one person has early access to Starfield: Phil Spencer. The screenshot shared shows Spencer’s Xbox profile picture, an Xbox Avatar version of him (notice he’s also wearing a t-shirt and jeans, so it’s lore-accurate) against a purple background, underneath both Starfield and Exoprimal, a dinosaur shooter from Capcom that came to Xbox Game Pass on July 14.
While Spencer playing Exoprimal checks out as the game just launched, his apparent access to Starfield is interesting. It makes sense, though—Spencer and Todd Howard have worked closely together to promote the upcoming Bethesda RPG ever since Microsoft bought Bethesda’s parent company ZeniMax in 2021. At Summer Game Fest, they sat down for a press presentation alongside the head of Xbox Game Studios, Matt Booty, and head of Xbox’s gaming ecosystem, Sarah Bond. If you’re the head of Xbox, you can have a little Starfield early access as a treat.
Based on the Reddit post, it seems like Spencer was playing Starfield on July 14, the day the news dropped that the FTC failed to pause Microsoft’s $69 million purchase of Activision. Maybe he was celebrating the lengthy battle by hopping from planet to planet in Starfield, his mind finally free from fretting over whether Microsoft would get another jewel in its gaming Infinity Gauntlet or not. In space, no one can hear you gloat.
Photo: Barone Firenze / Activision / Kotaku (Shutterstock)
Microsoft and Sony have finally reached a deal for keeping Call of Duty on PlayStation once the Activision Blizzard merger goes through. The surprise agreement comes after months of fighting between the two companies and is a sign the acquisition is all but inevitable.
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“We are pleased to announce that Microsoft and PlayStation have signed a binding agreement to keep Call of Duty on PlayStation following the acquisition of Activision Blizzard,” Microsoft Gaming CEO Phil Spencer tweeted on July 16. “We look forward to a future where players globally have more choice to play their favorite games.”
It’s not immediately clear what the terms of that agreement are, and whether they are similar to proposals Microsoft recently signed with Nintendo and other cloud gaming providers. In the past, Sony has paid Activision for special benefits relating to Call of Duty, including timed-exclusive content and special marketing rights. It was also revealed during the recent court battle over the deal that Activision had leveraged its partnership with Sony to negotiate better commission rates for the franchise on Xbox.
Sony had been vigorously contesting Microsoft’s planned acquisition of the publisher in regulatory proceedings across Europe, the UK, and the U.S. After the recent legal defeat of the Federal Trade Commission’s attempt to block the deal, however, the PlayStation 5 maker seems to have decided it’s time to settle. Sony Interactive Entertainment CEO Jim Ryan had reportedly said in the past that his only interest was in blocking the deal.
Sony’s current agreement with Activision wasn’t set to expire until 2025, and the new agreement seems likely to carry through for at least the rest of the PS5’s life. Microosft has claimed all along that it’s not in its financial interest to make the series exclusive as the games generate billions in revenue on the competing platform.
Microsoft declined to comment. Sony did not immediately respond.