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Via Axios’ newsletter, a series of court documents have been filed over the last couple of weeks detailing some of the legal skirmishes currently playing out between Microsoft, who want to complete the blockbuster deal, and Sony, who are one of a number of companies and organisations who absolutely do not want this to happen.
These particular filings are about Sony’s attempts to fight the proposed sale, and that as part of their defence Microsoft is entitled to “discovery”, which is basically just letting them get hold of a load of documents and emails from certain Sony executives. Both companies have been haggling over the number of executives this will include and the scope of the discovery for ages, but things took a turn earlier this month when Microsoft accused Sony of first stalling, and then not providing all the information they might need:
Sony Interactive Entertainment (“SIE”)—whose gaming business has dwarfed Xbox’s for 20 years—is not an ordinary third party in this action. At great expense and over an extended period, SIE has deployed delegations of executives, large teams of outside lawyers, and highpriced economists to persuade regulators here and around the world to block Microsoft Corp.’s
(“Microsoft’s”) proposed acquisition of Activision Blizzard King. SIE’s efforts are paying off: The FTC’s complaint in this action is chock-full of allegations about the effects the deal will have on SIE’s business. This case is as much about SIE as it is about Xbox and Activision. Timely discovery from SIE is therefore critical to Microsoft’s defense.
Though SIE’s motion for an extension of time complains about the breadth of the subpoena and the length of the extensions already granted for it to respond to that subpoena, Microsoft already told SIE it would consent to a fourth extension of time to negotiate issues related to the scope of the subpoena’s requests. But Microsoft believes that court intervention is required now on one issue: whether SIE will collect and produce documents from certain custodians.
In response, Sony said that they hadn’t supplied all the information Microsoft were requesting because they were being asked for way too much, including things like access to internal performance reviews, something Sony say “is obvious harassment”, and that “even in employment cases courts require a specific showing of relevance before requiring production of personnel files.”
Judge D. Michael Chappell has agreed with Sony, saying the company “has demonstrated good cause for the requested relief” and agreeing that the scope and depth of Microsoft’s requests had gone too far.
Go everywhere with your kids This must-have bundle nets you either of Gladly’s award-winning Anthem2 or Anthem4 All-Terrain Stroller Wagons as well as must-have accessories like a parent cupholder, a removable storage basket, extra-large canopies, a nap system, quilted comfort seats, a cooler bag with a padded shoulder strap, and a travel bag.
All of which is only mildly interesting, I know, but I bring this up mostly so we can just link to both Microsoft and Sony’s motions, which are full of some incredible self-owns, like Microsoft saying PlayStation’s success “has dwarfed Xbox’s for 20 years”, along with some very funny wordage in Sony’s filing, like the way they say Microsoft’s subpoena was, like, “truly massive”.
Easily the most anticipated title on this list, Starfield is notable for two reasons: It’s gaming’s next big sci-fi RPG epic and its the next evolution in Bethesda’s open-world formula. Bethesda is no stranger to science fiction, having a number of Fallout games under its belt. But from everything we know about Starfield right now, it’s aiming for an unprecedented scale, featuring over 1,000 worlds for you to explore.
Though we haven’t seen a whole lot of Starfield gameplay, the reveal last summer showed a bit of what we can expect. Here’s your hype fuel for Starfield before its expected release this year:
“Hard science fiction” setting with 1,000 explorable planets
A mix of “handcrafted content” and procedurally-generated environments
The classic Bethesda mix of first-person combat, exploration, and roleplaying
Bethesda
It’s hard not to get excited about a game like this. While the commonly voiced concern that such a high number of planets may mean we’re in for some serious “quantity over quality” is a fair one, I’d argue that’s always been the case with Bethesda games: Unprecedented scale, unprecedented jank. Despite all of that, Bethesda games of this sort usually cohere to form a unified experience that’s hard to get anywhere else. The question for Starfield will be: Do enough aspects of this epic space sim work well enough to create an intense level of immersion for, oh I dunno, hundreds of hours? I mean, I still don’t feel like I saw everything in Fallout 3 and 4.
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Being an entrepreneur is hard work. You have a lot going on, so it’s important to find time to relax and blow off some steam. Hobbies are important for success because they allow you to clear your head and return to work later with a more positive mindset. If gaming is your hobby, then you owe it to yourself to game the best way you can: with Xbox Game Pass Ultimate.
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Xbox Game Pass Ultimate includes everything in Xbox Live Gold, plus more. That means you’ll get access to the world’s top online multiplayer community with millions of people to play with. You’ll also get free games every month and up to 50% discounts in the Xbox Store. Then, Ultimate gives you access to more than 100 high-quality games with new titles added all the time, letting you play with friends on a console, PC, smartphone, or tablet. You’ll have even more member discounts, deals, and in-game perks to look forward to, and access to the Xbox Cloud Gaming beta to play games on all of your preferred devices (provided you’re in a market where the beta is available).
Additionally, you’ll get instant access to EA Play at no extra cost. With EA Play, you can play a collection of EA’s most-loved series and titles, access exclusive in-game challenges and rewards, enjoy special member-only content, and get trials of select games for up to ten hours. Put together, it’s one of the most comprehensive gaming experiences you’ll find anywhere — and you can get it all at a significant discount.
For a limited time, you can get a two-month subscription to Xbox Game Pass Ultimate for 70% off — that’s only $8.99 (reg. $29).
Things haven’t been going great for Xbox recently. Microsoft is facing stiff resistance in its attempt to acquire Activision Blizzard. It released hardly any big exclusive blockbusters last year. And it just cut over 10,000 jobs last week, including many senior developers at Halo Infinite studio 343 Industries. Microsoft Gaming CEO Phil Spencer tried to remain upbeat and do damage control on each of these points and more in a new interview with IGN.
“Every year is critical,” he said. “I don’t find this year to be more or less critical. I feel good about our momentum. Obviously, we’re going through some adjustments right now that are painful, but I think necessary, but it’s really to set us up and the teams for long-term success.”
This week captured both the peril and promise facing Xbox right now. On Tuesday, Microsoft announced a drop in net-income of 12 percent for the most recent fiscal quarter compared to the prior year. Xbox gaming hardware and software were down by similar percentages, and Microsoft said nothing about how many new subscribers its Game Pass service had gained since it crossed the 25 million mark exactly a year ago.
Then on Wednesday Microsoft provided a sleek and streamlined look at its upcoming games in a Developer Direct livestream copied right from the Nintendo playbook. Forza Motorsport was seemingly quietly delayed to the second half of the year, but looked like a beautiful and impressive racing sim showpiece. Arkane’s co-op sandbox vampire shooter Redfall got a May 2 release date. Real-time strategy spin-off Minecraft Legends will hit in April. And to cap things off Tango Gameworks, maker of The Evil Within, shadow-dropped Hi-Fi Rush on Game Pass, a colorful rhythm-action game from left field that’s already become the first undisputed gaming hit of 2023.
Vivid colors and deep blacks It’s Oscar season which means it’s time to binge all the nominations before the big day. Why not enjoy these pieces of art on a new TV from our friends at Samsung?
“2022 was too light on games,” Spencer confessed in his IGN interview. 2023 shouldn’t be thanks to Redfall and Starfield, Bethesda’s much-anticipated answer to the question, “What if Skyrim but space?” But both of those games were technically supposed to come out last year. Meanwhile, Hi-Fi Rush, like Obsidian’s Pentiment before it, is shaping up to be a critically acclaimed Game Pass release that still might be too small to move the needle on Xbox’s larger fortunes.
Spencer remained vague when asked how successful these games were or their impact on Game Pass, whose growth has reportedly stalled on console. “I think that the creative diversity expands for us when we have different ways for people to kind of pay for the games that they’re playing, and the subscription definitely helps there,” he said.
Hi-Fi Rush, Redfall, Starfield, and a new The Elder Scrolls Online expansion due out in June are also all from Bethesda, which Microsoft finished acquiring in 2021. The older Microsoft first-party game studios have either remained relatively quiet in recent years while working on their next big projects, or, in the case of 343 Industries, were recently hit with a surprising number of layoffs.
Following news of the cuts last week, rumors and speculation began to swirl that 343 Industries—which shipped a well-received Halo Infinite single-player campaign in 2021, but struggled with seasonal updates for the multiplayer component in the months since—was being benched. The studio put out a brief statement over the weekend saying Halo was here to stay and that it would continue developing it.
Image: Bethesda / Microsoft
Spencer doubled down on that in his interview with IGN, but provided little insight into the reasoning behind the layoffs or what its plans were for the franchise moving forward. “What we’re doing now is we want to make sure that leadership team is set up with the flexibility to build the plan that they need to go build,” he said. “And Halo will remain critically important to what Xbox is doing, and 343 is critically important to the success of Halo.”
Where Halo Infinite’s previously touted “10-year” plan fits into that, however, remains unclear. “They’ve got some other things, some rumored, some announced, that they’ll be working on,” Spencer said. And on the future of the series as a whole he simply said, “I expect that we’ll be continuing to support and grow Halo for as long as the Xbox is a platform for people to play.” It’s hard to imagine Nintendo talking about Mario with a similar-sounding lack of conviction.
It’s possible Microsoft’s continued struggles with some of its internal projects is partly why it’s so focused on looking outside the company for help. Currently that means trying to acquire Activision Blizzard for $69 billion and fighting off an antitrust lawsuit by the Federal trade Commission in the process. Microsoft had originally promised the deal to get Call of Duty, Diablo, World of Warcraft, and Candy Crush would be wrapped up before the end of summer 2023. That deadline’s coming up quickly, even as the company continues offering compromises, like reportedly giving Sony the option to continue paying to have Activision’s games on its rival Game Pass subscription service, PS Plus.
Spencer told IGN he remains bullish on closing the deal, despite claiming to have known nothing about the logistics of doing so when he started a year ago. “Given a year ago, for me, I didn’t know anything about the process of doing an acquisition like this,” he said. “The fact that I have more insight, more knowledge about what it means to work with the different regulatory boards, I’m more confident now than I was a year ago, simply based on the information I have and the discussions that we’ve been having.”
Stephen Colbert is putting Fox News on blast for its latest attempt at trying to manufacture an outrage, this time over the Xbox video game system.
A recent software update allows older models to go into an energy-saving mode when not in use as part of corporate owner Microsoft’s push to reduce carbon emissions.
And Fox News has been melting down over it, with network host Ainsley Earhardt accusing Microsoft of “going woke, too, because of climate change.”
“They want us to turn off our Xbox?” Colbert cracked in mock outrage. “What’s next? They’re gonna tell me to turn off my car engine when I pull into the garage? How am I supposed to fall asleep now?”
Colbert said Fox News went even further by making it about “grooming” kids.
Jimmy Failla, a contributor to the right-wing network, accused Microsoft of “trying to recruit your kids into climate politics at an earlier age.”
“You’re right, they’re going after the children,” Earhardt agreed.
Colbert sarcastically agreed, too.
“Yes, why are they corrupting our kids’ innocent activities like Italian plumbers taking mushrooms and killing turtles or driving a stolen ice cream truck through a crack house,” he said.
A few hours ago, Xbox CEO Phil Spencer sent out a company-wide email to all full-time employees under Microsoft’s gaming divisions. A copy of the email was shared with Kotaku by a current Xbox employee, we have confirmed its authenticity, and the full text has been transcribed below:
This has been a difficult week across Microsoft, and here, inside our teams. Now that many of the 1:1 and team conversations have happened, I want to take a moment to reiterate the message that you heard from your leaders.
This is a challenging moment in our business, and this week’s actions were painful choices. The Gaming Leadership Team had to make decisions that we felt set us up for the long-term success of our products and business, but the individual results of those decisions are real. I know that hurts. Thank you for supporting our colleagues as they process these changes.
Over the coming weeks we will have many opportunities to connect and answer your questions, including the Monthly Gaming Update next week for teams who attend that meeting, and I am in close contact with teams at ZeniMax to provide support. The GLT and I are committed to being as transparent as we can. Moving forward with ambiguity is challenging, but I am confident that together, we will get through this difficult moment in time.
Xbox has a long history of success thanks to the work you do in service of players, creators, and each other. Your work is so deeply appreciated and valued in these times of change and is integral to our business momentum. I am confident in our future and proud to be part of this team, but also conscious that this is a challenging time and I want to thank you for everything you do here.
Phil
On January 18, Microsoft laid off 10,000 employees across the company. These layoffs included gaming studios such as 343 Industries, The Coalition, ZeniMax Media, and Bethesda Game Studios. Xbox has struggled to release first-party titles last year, and is under tremendous pressure to ship flashy blockbuster titles such as Starfield. Some of the people who have lost their jobs include senior talent, and occurred a year after the publisher scourged up the pocket change to purchase Activision Blizzard for $70 billion. Kotaku has reached out to Microsoft for a statement, but did not receive a response by the time of publication.
“This feels like something you send out on obligation,” wrote a current employee at Xbox over text messages to Kotaku. “I seriously doubt any of those monthly gaming updates or other meetings are going to do anything to make anyone feel better.”
The tech workers’ union CODE-CWA put out a statement on January 19, stating that their representatives have been in contact with Microsoft. The company “recognizes its obligation to bargain over any proposed layoffs of CWA members at ZeniMax.” The ZeniMax union intends to negotiate on “alternatives to layoffs.”
If you’re reading this ahead of buying someone a new Xbox, or you already have and are getting ready to wrap it, stop! I highly recommend setting it up ahead of time, completing most of the above suggestions before you give the shiny new console to its intended recipient—especially if that recipient is a kid who will likely want to play games, not wade through menus and wait for updates to install. So at the very least, update the console and install a few games, so they can open it up, plug it in, and start playing right away!
A new console is a great gift, but an even better gift is a new console filled with games that are already set up and ready to play.
Once you’ve got your Xbox all hooked up, installed some fun new games, got your controller updated, and your TV settings sorted, it’s time to stop reading this article and go play some video games. Well, unless you wanna dig around the comments first, as I assume a few readers might have some extra tips and tricks of their own. Either way, enjoy your new Xbox!
Oh yeah? Then why, when Kotaku called several brick-and-mortar stores just a few days before Christmas this year were we told inventory for both the PlayStation 5 and Xbox Series X consoles was either very limited or completely gone?
The truth of the matter is, while it has become somewhat easier to get your hands on new-gen consoles, doing so still requires diligence and patience—unless you want the smaller, cuter Series S, or can wait for shipping. Otherwise, much like last year, if you were hoping to walk in and out of a store with a brand-spanking-new console in hand, you’re likely out of luck.
Inventory In Brick-And-Mortar Stores Is Unreliable
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You might be tempted to call up your local physical retailer like Best Buy or GameStop with the goal of buying a PlayStation 5 or Xbox Series X in the store. That’s certainly a possibility, though it depends on the console you’re going for.
A GameStop associate at a Manhattan, New York location told Kotaku over the phone that Sony’s system is “rarely” in stock and when it is on the store shelves, it’s gone within the week. The Xbox Series X is “a little more common,” the associate said, but the same inventory issue arises: When it is available, it’s sold out in just a few days’ time. This situation is repeated at other physical stores, including Best Buy and Walmart, with store associates at both retailers telling Kotaku in brief phone interviews that the PlayStation 5 and Xbox Series X are “occasionally” in stock but quickly sell out.
Surprisingly, things are a little different at Target. An employee at a Manhattan store said that the PlayStation 5 was actually sitting on the shelves “right now,” but folks looking to buy one couldn’t just walk in, take one to the counter, and check out. Instead, you have to do an in-store pick-up through the company’s website and, if inventory was available, then you could walk in with money and walk out with a PlayStation 5. In an eye-popping twist, the Xbox Series X was immediately available. The employee said, if I really wanted to, I could go buy Microsoft’s console this instant. They were quick to point out, though, that all system purchases—especially on the PlayStation 5—were limited to one per person due to “security concerns.” Yikes.
Online Retailers Are A Bit Better, But Not By Much
If brick-and-mortar stores are unreliable in terms of physical inventory, you may have a better chance at buying a PlayStation 5 or Xbox Series X online and shipping it to your home. All the major retailers typically have both consoles in stock and if they aren’t available by themselves, you can usually get it bundled with a game or subscription. There are some exceptions here, of course. GameStop, for example, is completely sold out of individualPlayStation 5s and Xbox Series Xs online right now. As is Best Buy on the PlayStation 5, though you can order the Xbox Series X if you have an account.
It’s always finicky ordering something from Walmart, as the company tends to partner with third-party sellers to complete transactions. But, as I’m checking the company’s website right now, PlayStation 5s and Xbox Series Xs are mostly available to purchase online—though the prices for these consoles seem to vary wildly. Target is similarly strange, withbothsystems either being “discontinued for shipping” or relegated to in-store pick-up only—if they are even available at all, of course. One quick note here, though: You could also order the PlayStation 5 or Xbox Series X directly from Sony and Microsoft’s official websites, and they appear to be in stock. Shipping here seems to be comparable to other major retailers as well, with orders placed now arriving just a few days after Christmas. Not bad.
Hey, You Could Always Just Get An Xbox Series S
It’s just so cute, even when zoomed in.Image: Microsoft
You may have noticed I skipped one whole console: the Xbox Series S. That’s because, as I wrote earlier, Microsoft’s cheaper, smaller system is almost always available. Several associates across the brick-and-mortar stores told Kotaku over the phone that they had “plenty” of Xbox Series S’s sitting on their shelves at the moment. And while I was browsing around multiple online retailers, including Microsoft’s own website, the slimmer sister to the behemoth shoebox Xbox Series X was ready to be ordered.
Sure, it’s not the monster powerhouse that is the Xbox Series X. It can’t output native “true 4K” and only has four teraflops of processing power when compared to the bigger sister’s 12. And yeah, you do only get 512 GB of internal storage instead of 1 TB. But what the system lacks in power is made up by its impressive form factor and accessible price point. If you’re willing to make those minor trade-offs, then the Xbox Series S is an excellent way to get into this current generation of console gaming.
Another year is in the books, y’all. We made it through. The entertainment and technology industries are still getting battered by both the ongoing pandemic and semiconductor shortages, but it does appear that things are smoothing over a little. Maybe this time next year, the forecast of getting a PlayStation 5 or Xbox Series X will be significantly better. At the very least, we don’t have to worry much about bots anymore.
A group of seven lawmakers are sending a letter to the world’s biggest video game companies tomorrow, asking each of them what steps they’re taking to combat “harassment and extremism” in online video games.
As Axios reports, the seven Democratic representatives—including Lori Trahan (Massachusetts), Katie Porter (California) and Senator Ron Wyden of Oregon—have all co-signed a letter, which is looking to “better understand the processes you have in place to handle player reports of harassment and extremism encounters in your online games, and ask for consideration of safety measures pertaining to anti-harassment and anti-extremism”.
Unsurprisingly, the list includes companies like Activision Blizzard (Call of Duty, Overwatch), Microsoft (Xbox), Sony (PlayStation), Roblox, Take-Two Interactive (Grand Theft Auto, NBA 2K), Riot Games (League of Legends, Valorant), Epic (Fortnite) and Electronic Arts (Battlefield, FIFA & Madden).
Those are all massive international companies, most of them with thousands of employees spread out all over the world, and responsible for some of the planet’s most popular and enduring online games. To want to grill them, when so many of them are based in the US—or at least most popular in the US—is a pretty obvious move!
Hilariously, though, whoever put the list together of which companies to target has clearly just gone down a list of “most popular games”, not “biggest companies”, because among those titans of industry are Innersloth, the developers of Among Us.
Among Us may be a huge hit, but Innersloth are also a tiny team. How tiny? This tiny:
Among Us Wins Best Mobile Game at The Game Awards 2020
Innsersloth’s webiste says the studio currently has 20 employees. I don’t know how much they’re going to be able to explain when their game has you playing as a cute little astronaut, doesn’t have voice chat and only lets players communicate via a menu of pre-written lines.
But then nobody has to legally reply to the letter at all, it’s just a letter, so maybe they can just reply “sorry, think this is meant for Xbox!” and get on with their day.
