Can Disney really use its streaming service terms to force you out of court? What are the implications of that argument? And how many duck characters does Disney have anyway?
All that and more on the latest Hang-outs and Headlines.
Check it out!
Hey folks! So had a bit of a stroke there as I know many of you’ve heard.
@MrsHoegLaw
has been doing an absolutely amazing job keeping me apprised of all the wonderful thoughts and more coming from all of you here on the Internet.
Heard Legal Team: Ok, Ok, stick with me now. We’ve only got 8 hours left. What if we call the most hostile witness we can, who’s known for talking…very…slowly, and who, when last put on the stand, was sympathetic and charismatic enough for many to call the case for him.
Just know that while rehab may be the hardest thing I’ve ever done, this thing isn’t going to kill me and however that might make you feel it’s entirely due to
@MrsHoegLaw
.
Hey folks, I really appreciate all the well wishes, cards, Care Bears, and more. I know I’ve tweeted recently, but I’m not back as much as “bored”. Still a long ways to go, but rehab is going well and I make progress every day. Hoping to return in some real form in March.
I'm *very* happy to announce the return of
#VirtualLegality
..., premiering at 4PM Eastern tomorrow, March 3rd.
"XBOX x ACTIVISION | Lawyer Reacts to Sony's Biggest Loss Yet (VL758)"
LINK:
Hi
@TaylorLorenz
, it’s not a bad faith campaign. I don’t know you from Adam and invited you to talk on my show.
It’s that in an article premised around the fact that content creators don’t have the ethical bounds of legacy media, you (or your legacy publication) managed to…
“YouTube Pundit”! I don’t think you want me to start reciting my legal training, class rank, near two decades of transaction experience, or the consulting work I do…for Wall Street.
Happy to have a real conversation, Jason, but you’d probably need to unblock me first. ;)
We are pleased to announce that Camille Vasquez has been elevated to partner. She was a key member of the litigation team that won a jury verdict last week for actor
#JohnnyDepp
in his defamation trial against ex-wife Amber Heard. Full announcement here:
Well folks, I really don't know what to say. Honestly, that's not a position in which I'm used to finding myself.
Thank you to absolutely everyone, but especially to
@legalbytesmedia
for being such a big portion of this last month and the final push.
This is a truly amazing article (and tweet) in its singular, inescapable mission to present erroneously or incomplete information.
Thankfully it will have limited effects because it's only going out to...9.2 million people.
Oh, we should talk about this. (thread)
The online support marks a shift in attitude toward Amber Heard, who, during the six-week trial in Fairfax County, Virginia, became the center of backlash from Johnny Depp fans while the proceedings were broadcast across the country.
Folks, ABK was a full fledged publisher. You don’t need two separate back offices at one company. Pause a bit before sounding the alarm bells for the industry (while still being sympathetic to the individuals impacted.)
An odd position to stake out in an article entirely premised on defending another “online creator” (that happens to be on the author’s “side”) but to each their own.
After all, if there’s anything Depp v Heard has shown, it’s the state of the media’s journalistic standards.
There has been a push from Depp’s base to legitimize the “internet journalists” who support Depp. But these online creators don’t follow journalistic standards or ethics, like reaching out to people for comment before you post allegations against them.
Anybody can sue anyone for any reason. So I can’t tell you what Nintendo will or won’t do about Palworld. I can tell you, however, that they’d have a tough time winning on any infringement claim that isn’t arguing a direct design copy.
I truly believe it’s articles like these that have resulted in the bloated, ponderous, momentum-free storytelling that practically defines PlayStation nowadays.
Emotional ties to characters and relationships within their worlds are the core pillar of Sony’s storytelling playbook, and Marvel’s Spider-Man 2 is no exception with Peter and Miles’ personal journeys taking center stage.
I know that both you and the Washington Post can do better.
And while I’m looking forward to seeing that, I fear that if you chalk up these legitimate critiques solely to “bad faith” neither you nor your publication will ever get there.
I’d love for you to prove me wrong.
There is no indication that Wall Street "believes the deal will fail". MSFT/ACTI is trending at ~70/30 from the market, w/ a year+ of "time value of money" discounts in an inflationary environment also incorporated.
Complete, unmitigated, bullshit.
For the record, a thread like this is how you get a disciplinary meeting/fired. Maybe he doesn't care. Maybe he's just had enough. But it's highly unusual to see messaging like this go out at virtually the same time as "bad news" from your bosses (and their bosses).
This is absolutely terrible. 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.
THANK YOU! THANK YOU! THANK YOU!
It's because of you all that more than $125,000 was just raised for the Children's Hospital of Los Angeles.
I could not be more proud of the community. THANK YOU!
Allllll right, at 10 am EST tomorrow, we're going live for a good cause!! Join me,
@HoegLaw
, and others to fundraise for the Children's Hospital Los Angeles!!
Check the video description for how to donate!!
(i) Misframe the legal status of
@legalbytesmedia
(and her panel) as “influencer” with no acknowledgment that she’s a lawyer.
(ii) Lied about reaching out for comment.
(iii) Removed such lie without noting the edit (which likely would have ended the story there).
(Cont.)
You (or your publication) have the responsibility to get things right. As I said, I don’t know you. I have nothing against you.
But I can see your output in this instance is wanting…especially when it wants to frame legacy media as the adults in the room.
The abject racism, othering, agency denial, reduction in humanity, and more coming out of Bot Sentinel's Christopher Bouzy this morning is something to behold.
You don't have to like
@NatetheLawyer
, but these ad hominem attacks are beyond the pale.
(iv) Added a note that merely talked of an inaccurate description of the contact with the individuals in question.
(v) Revised the note again, with a closer (but still inaccurate) description of the timing.
(vi) Complained that folks noticing is in “bad faith”.
(Cont.)
It’s awesome to see anticipation building for Call of Duty®: Modern Warfare® III. As we continue to work toward regulatory approval of the Microsoft deal, we’ve been getting some questions whether our upcoming and recently launched games will be available via Game Pass.
While we
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. We look forward to a future where players globally have more choice to play their favorite games.
Gotta say it feels like the FTC is deep in the weeds today. They’re having trouble convincing that Xbox even would make ABK games exclusive, and that’s only half the argument they need to make.
He's right, but what's more interesting is that it would be "easier" to tell the CMA that Xbox disappears if regulators block; that this exertion of regulatory power would itself destroy the market.
Saying the opposite is, once again, the high road being taken by
@XboxP3
/MS.
Phil Spencer says "Xbox will exist" even if its proposed Activision Blizzard acquisition is blocked.
According to Spencer, the deal is not "some linchpin to the long term".
If this were true (it isn’t), it would evince a profound failure of leadership. You can never put the entire fate of your product/company in the hands of a wildcard third party.
Nintendo vs The Big House
Do they have a legal leg to stand on? And if they do, is it the one they've presented to the world?
Do a barrel roll...in
#VirtualLegality
.
"A Legal Look at Nintendo's Shut Down of "The Big House" SSB Tourney (VL357)"
VIDEO:
This MSFT-ATVI deal is an effort by the FTC to reset merger policy, says fmr. commissioner
William Kovacic, fmr FTC Commissioner, joins ‘The Exchange’ to discuss the labor union & political support behind Microsoft, FTC’s case around MS/ABK & the antitrust impact of the merger
You be the judge:
Does the new correction properly describe (i) saying they reached out without ever reaching out, (ii) stealth removing any reference to reaching out, and then (iii) adding a line about refusal to comment after publication of the story?
This is getting worse.
@legalbytesmedia
@HoegLaw
@ThatUmbrella
New corrections have been added to the article written by Taylor Lorenz. Finally added an editors note at the bottom after attempting to stealthy correct it previously.
Premiering at 4PM Eastern - the start of a series that is very important/personal to me.
"My Stroke Story | PART I - The Stroke Itself (VL Extra)"
Please join me (and
@MrsHoegLaw
!) as we discuss this life-changing event from the very beginning.
LINK:
BBC F1 reporter Jennie Gow shares “exhausting” update after stroke with rehab every day - The Mirror
@HoegLaw
wasn’t the only one doing rehab after stroke
A few things to note:
(1) They aren’t ready to speak on this (suggesting the leaks weren’t the “plan”);
(2) This is most certainly not a blanket denial (suggesting there’s at least some truth to the rumors)…
We're listening and we hear you. We've been planning a business update event for next week, where we look forward to sharing more details with you about our vision for the future of Xbox. Stay tuned.
Outside of Starfield (which I understand is a hot button), 2023 was not the year to include a remake over some truly great games like FF16 and Diablo 4. Oh well, awards shows are always "whatever" anyway.
And yes, if you can’t tell from my tweets this evening, it is killing me to not be back doing videos and talking with you all on FTC v MS/ABK. I will be back just as soon as I can. My apologies, and thank you all for the considered messages and interest in
#VirtualLegality
.
As promised, here is my table of interpretations of the
#MuellerReport
obstruction descriptions (keeping in mind that it makes no conclusions on its own).
Please feel free to share around, as I feel there is a bit of misinformation out there.
We're back...in
#VirtualLegality
. Come check it out.
"Microsoft, Xbox, and Activision Beat the FTC | 'Perhaps bad for Sony. But good for gamers.' (VL762)"
VIDEO:
BREAKING: Microsoft wins.
Federal Judge has DENIED the FTC’s preliminary injunction, allowing Microsoft to acquire Activision Blizzard in the US.
This still leaves the UK CMA block to get through to close the deal worldwide.
Not even Amber Heard is this myopic…is she?
It’s so far beyond reasonability after sending her own crew out for press tour that (together with the reported TikTok commentary) it almost seems like deliberate harassment.
Ben Chew and Camille Vasquez will grant their first interviews to
@GMA
tomorrow morning. Amber Heard’s statement on this below - interesting given that Elaine Bredehoft granted 2 interviews the morning after the verdict
@LawCrimeNetwork
@cathyrusson
@jessecordweber
@KenneyBaden
My current working theory is that Starfield is optimistic and forward-looking in a way that doesn’t match the present cultural zeitgeist while Fallout is cynical and backwards-looking in a way that does.
I expect Starfield to be better received when culture again cycles around.
Some did, some didn’t (raises hand).
But perhaps showing your surprise that folks working hundreds of hours to provide a valued service also received value in return…says more about you than about them.
Seems the adults have entered the room.
#MicrosoftxActivision
(What’s truly remarkable here is that we are barely a few years removed from the EU being thought of as the “hostile” jurisdiction that required the most merger concern planning.)
I'm *very* happy to announce the return of
#VirtualLegality
..., premiering at 4PM Eastern tomorrow, March 3rd.
"XBOX x ACTIVISION | Lawyer Reacts to Sony's Biggest Loss Yet (VL758)"
LINK:
I don't think I'll do a video on it, but the messaging here is a masterclass in redirecting natural anger arising from bad news (game cancelled) towards an acceptable target (GaaS) and away from self (ND/project management).
So, remember that discussion that The Game Theorists did about how Epic was making "brilliant moves" against Apple that were just the "tip of the iceberg".
Their sister site, the Film Theorists, was just sponsored by Epic Games and Fortnite.
So...yeah.
Gotta say, my channel was really not ready for an Epic v Apple decision and attempted Activision sale block in consecutive days while also going through stroke recovery. I will do my best to cover these when and as I can.
@LumberLaw
@NatetheLawyer
Some people think very carefully about implying false things that could directly harm a person’s reputation and livelihood.
Others “fight toxicity” by peddling it at unimaginable levels.
Be the former.
How about another correction folks?
I believe this is the third version of the correction - marking the fourth version of the article (including one without correction).
(I also have no idea if
@legalbytesmedia
was asked anything via IG.)
Once more with feeling!
You be the judge:
Does the new correction properly describe (i) saying they reached out without ever reaching out, (ii) stealth removing any reference to reaching out, and then (iii) adding a line about refusal to comment after publication of the story?
This is getting worse.
An unexpectedly big day for
#VirtualLegality
, due in no small part to the support of
@legalbytesmedia
and the rest of
#LawTube
.
Can't tell you how appreciative I am of everyone that has ever checked out the channel and I will certainly try to keeping put out great content!
#75k
As I've said in the past, divestiture really doesn't make sense with the way ABK is structured, so it's good to see regulators coming to the same conclusion.
Reuters reporting Microsoft's licensing offers for Activision Blizzard to competitors is likely to satisfy EU concerns for the acquisition
Citing 3 sources EU also will also not ask Microsoft to sell off any part of Activision
Major hurdle passed if so
@HoegLaw
Narrator: “She was not. At least, not until 10 minutes after she was asked via Twitter DM. Both were after she called them out publicly on Twitter.”
Folks that have asked for a CMA video, I hear you and have one prepped. That said, I may not be able to record one owing to health-related difficulties I am having w/the process. Nothing serious, but I’m so sorry for that. My hope is that I will be better able in the near future.
The picture here is an absolute perfect summary of rehab. It’s one of the reasons I am so thankful that my therapists regularly go through the effort of saying things like “here’s where I scored you last week and here’s where you are now.”
@HoegLaw
I completely believe you will crush it. Recovery is difficult. I would get so frustrated. Things weren’t doing what I wanted. But we are the bloody stubborn type. Keep doing the work. Even when it seems like nothing is happening.
It’s consistently amazing to me that (on all sides) “misinformation” is quite often simply what the speaker disagrees with.
But let’s be fair - if there’s anyone intimately familiar with misinformation, it’s pretty self-evident in this thread…
During the trial, viral posts about Johnny Depp and Amber Heard were almost all in favor of Depp, but things are starting to shift. I wanted to break down some of the ways individuals were able to fight back against the misinformation & harassment campaign 🪡
Now I don't know if that all counts as a "quick explainer", but hopefully it's a bit of help to those trying to sort signal from noise.
I'm really no fan of Johnny Depp, but even for relatively unimportant articles like this one, we should expect - we deserve - better reporting.
Bethesda is responding to negative Starfield reviews on Steam. Absolutely bizarre if you ask me and despite media attention this hasn't stopped, the last response is from today
Folks leapt on me for my Tweet on this a week ago, but there is no defending this kind of business model from the Sony PlayStation folks. They appear to be deliberately confusing the price point in an effort to "steal" $10 dollars from the uninformed. Duplicity and greed.
Wild. FTC: “We’re protecting consumers because if the deal is allowed, SONY will be forced to hurt consumers.”
Hard to see how that “logic” wouldn’t prohibit basically any studio purchase.
FTC we arent here to protect sony, we are here to protect consumers. If the deal goes forward, sony delays shipping development kits to Activision, sony will be delayed to shipping games to consumers
Corley sony currently ships devkits to Microsoft. All of them?
FTC That one I
Obviously, this is a topic that simply demands comment: I kind of like the elegance and minimalism of the
#Starfield
start screen and hope it carries through the rest of the player experience.
Phil Spencer, Matt Booty, and Sarah Bond will share updates on the vision for Xbox this Thursday via the official Xbox Podcast (YouTube and Audio).
#Xbox
Good to see the CMA walking back some of its more ludicrous positions.
Not that there was ever a plausible universe where removal of the title from PlayStation could both cripple Sony’s finances and make sense to remove from that platform (where Xbox would make 200%+ more).
BREAKING: the UK's CMA has provisionally concluded that Microsoft's Activision Blizzard deal “will not result in a substantial lessening of competition in console gaming services" because Microsoft is unlikely to withhold Call of Duty from PlayStation
For folks asking, I think it extremely likely that Microsoft/Activision closes in the next few days, but understand that even in the modern world it is not terribly easy to move near $70B across the world on a weekend. Monday is the more likely.
BREAKING: Microsoft's Activision Blizzard acquisition has been BLOCKED by the CMA. The UK regulators say the merger would cause harm to competition in cloud gaming in the UK. Microsoft says it will appeal. Details here:
I'm *very* happy to announce the return of
#VirtualLegality
..., premiering at 4PM Eastern tomorrow, March 3rd.
"XBOX x ACTIVISION | Lawyer Reacts to Sony's Biggest Loss Yet (VL758)"
LINK:
Not sure you can “take” something from someone that never had it.
That said, I *do* think MS has gone too broad with its “we just want more games in the hands of more players” PR, primarily because it leaves them open to attack over perfectly sensible business decisions.