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White House, 35 states, Microsoft back Epic’s App Store appeal

The White House, 35 U.S. states and Microsoft have filed ‘amicus curiae’ briefs supporting Epic Games in its appeal in the antitrust case against Apple.

9to5Mac explains that third parties not directly involved in cases may want a say, particularly when the case has significant public interest. Third parties can file amicus curiae — literally “friend of the court” — briefs with advice for the judge. These briefs all essentially argue the original judge made a legal error in deciding how a key antitrust law applies to Apple.

To refresh your memory, the original ruling concluded that Apple didn’t meet the legal tests to be considered a monopoly but did rule that Apple had to allow developers to use third-party payment platforms if they want. Apple and Epic have both filed appeals on different aspects of the ruling, with Epic focusing on the conclusion that Apple isn’t a monopoly.

Foss Patents detailed the three amicus briefings. The first was submitted by Utah’s state attorney general and included 34 other state attorneys general (AGs). Foss Patents notes the list is basically the same as the states suing Google alongside Epic in a separate antitrust case. The list is as follows:

“The states–led by the Beehive State–are (in alphabetical order): Alaska, Arkansas, Colorado, Connecticut, Delaware, D.C. (I’m not taking a position on the controversial question of statehood here), Florida, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah (submitter), Vermont, and Washington.”

The states’ argument focuses on Section 1 of the Sherman Act, a key piece of U.S. antitrust legislation. A short explanation from 9to5 is that Section 1 says companies can’t make agreements among themselves to distort competition (for example, several companies agreeing to charge the same price for something). Section 2, however, says that companies in a dominant position can’t take unilateral actions designed to give themselves a monopoly.

Foss Patents explains that the focus on Section 1 is strange for the Epic v. Apple case but notes that it stems from the states’ own case against Google.

The White House claims not to support either party, but its arguments back Epic

Microsoft’s amicus brief focuses on “Apple’s extraordinary gatekeeper power” and serves as an example of another ‘Big Tech’ company concerned and impacted by Apple’s conduct.

Finally, the White House filed its own amicus brief, claiming that it’s “in support of neither party” before laying out several arguments that support important elements of Epic’s case, including that Section 2 of the Sherman Act should apply to Apple. Foss Elements has a great breakdown of the brief here.

However, it’s important to note that these amicus briefings do not mean Epic will win its appeal. A judge is obliged to consider amicus brief arguments but ultimately makes their own decision. Still, the sheer amount of support behind Epic in the appeal is impressive and could definitely lead to a ruling in Epic’s favour.

Source: 9to5Mac, Foss Patents, (2)

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Original Surface Duo finally gets promised Android 11 update

Earlier this month, Microsoft said the original Surface Duo’s long-awaited Android 11 update would arrive in a “few weeks.” Well, that time has passed and, thankfully the update is (finally) rolling out.

As spotted by 9to5Google, a Microsoft support page for the update notes that it’s rolling out to unlocked Duos in North America and Europe. That includes Canada — I was able to start downloading the update on my Duo. Those with locked or unlocked AT&T Surface Duos, however, will need to wait a little longer.

The support page also lists the new features included with the update, which clocks in at a whopping 2.38GB. There are a ton, so we picked out some of the highlights. For the full list, click here.

  • Updated to Android 11 and Android Security Bulletin – January 2022.
  • New options for answering phone calls when device is folded.
  • New options for setting apps to automatically open across both screens.
  • Updated app drawer and folder design with improved drag-and-drop support.
  • New dual-screen experience for viewing and editing photos in OneDrive.
  • Xbox Game Pass: play games from the cloud with an on-screen controller.

With the update, the original Duo should now be on par with the Duo 2, at least in terms of software. Now, the wait for Android 12 begins, both for the Duo and Duo 2.

However, previous reports indicated that Microsoft planned to skip Android 12 and go straight to Android 12L. Google’s testing the Android 12L update now — it’s set to bring several improvements for devices with large screens or even multiple screens, like the Duo line.

Source: Microsoft Via: 9to5Google

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Check out Microsoft’s cancelled Andromeda OS running on a Lumia 950

Before the Surface Duo was an Android device, it was supposed to run Windows. More specifically, a version of Windows called ‘Andromeda OS’ that Microsoft cancelled in 2018.

However, thanks to a new video from Windows Central, we’ve finally got a glimpse of what Andromeda OS would have been like. There are a few caveats, as the publication points out — namely, they show off the software running on a Lumia 950 because that’s what Microsoft used internally to develop Andromeda OS. The company never intended for these internal images to ship and, since Microsoft cancelled the project, what we see is unfinished.

The other major caveat is that Andromeda OS was intended for a dual-screen device like the Surface Duo, which makes it difficult to show off some aspects of it on a single-screen device like the Lumia 950. Still, with all this in mind, it’s incredibly interesting to see Andromeda OS in action, particularly the parts that made the jump to Android and ultimately shipped on the Surface Duo. Check out the video below:

And for those of you who hate videos, Windows Central has a great in-depth write-up about Andromeda OS here.

Some of the standouts from the Andromeda OS video include the unique ‘journaling/inking’ focus. Andromeda OS effectively turns the home screen and some of the lock screen into an ‘inking’ space where users can quickly write notes, draw and more. There’s nothing to activate — just take the Surface Pen and start writing.

Of course, there are plenty of inking/writing apps available (including Microsoft’s Whiteboard app, which was born out of the Andromeda OS journal according to Windows Central). What makes the Andromeda OS approach unique is the near-constant availability. The journal is never more than a swipe or two away. I’d be interested to see something like this on the Android-powered Surface Duo, which might give it a more interesting use-case beyond running two apps at once.

Also interesting is the combination of Cortana and notifications. While the implementation shown in the video appears very basic, it’s easy to see how Microsoft could have shaped the combination and used it to make Cortana into a digital assistant capable of helping work through notifications, re-surfacing reminders and more.

There’s a gesture system as well — some of which did make it to Android, particularly the windowing system for managing apps across two displays. Beyond that, Andromeda OS seemed like your standard smartphone OS, with some Windows Phone flair like ‘Live Tiles.’

While part of me is sad that we never got to see a finished Andromeda OS running on the Surface Duo, it’s likely better this way. As Windows Central pointed out, Andromeda OS still would have needed to manage things like a lack of apps compared to Android and iOS. Plus, as interesting as the journal-as-home-screen idea was, I’m not sure if users would have gotten on board with it.

Images credit: Windows Central

Source: Windows Central

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Xbox boss wants to ‘keep Call of Duty on PlayStation’ following Activision Blizzard acquisition

Phil Spencer, longtime Xbox boss and newly appointed “CEO of Microsoft Gaming,” says the company has no intentions of taking Call of Duty off of PlayStation following its acquisition of Activision Blizzard.

On Twitter, Spencer tweeted that he had “good calls” with Sony leaders this week about the future of Activision Blizzard’s games on PlayStation.

“I confirmed our intent to honor all existing agreements upon acquisition of Activision Blizzard and our desire to keep Call of Duty on PlayStation. Sony is an important part of our industry, and we value our relationship,” said Spencer of these calls.

On January 18th, Microsoft announced plans to acquire Activision Blizzard for a staggering $68.7 billion USD (about $85.9 billion CAD). At the time, it was unclear what this would mean for titles that have historically been multiplatform, like Call of Duty.

Amid this uncertainty, Bloomberg reported that Microsoft planned to keep some games available on PlayStation while making others Xbox and PC exclusive. More recently, a Sony spokesperson told The Wall Street Journalthat “we expect that Microsoft will abide by contractual agreements and continue to ensure Activision games are multiplatform.”

What does this actually mean?

Given that the acquisition isn’t expected to be completed until fiscal year 2023, it’s impossible to say at this time whether Spencer is being truthful. For example, in the case of ZeniMax, Microsoft’s last big gaming purchase, Bethesda subsidiary Arkane Studios’ most recent game, Deathloop, was legally required to release exclusively on PlayStation 5 and PC in 2021.

However, Arkane’s next game, this summer’s Redfall, was later confirmed to be an Xbox and PC exclusive. Given that we don’t the exact nature of “contractual agreements” for Call of Duty, it’s possible that Xbox continues to release these games for some period but then, when these deals expire, shift to Xbox-only releases.

It’s also worth mentioning that some industry experts, including reliable VentureBeat reporter Jeff Grubb, have speculated that Xbox might take a hybrid approach when it comes to platform releases. In other words, they theorized that the massively popular free-to-play battle royale game Call of Duty: Warzone would remain on all platforms (especially amid rumours of a mobile version) while the main annualized entries could become Xbox/PC exclusive.

Of course, Activision Blizzard also owns a wealth of properties beyond Call of Duty that have appeared on PlayStation, including Overwatch, Diablo, Crash Bandicoot and Spyro the Dragon. It’s possible that Call of Duty remains multiplatform (either fully or only to some degree) while other franchises see Xbox-only releases. That would stay consistent with what Spencer is saying now — he only mentioned Call of Duty — while still allowing for other properties to become Xbox exclusive.

It should be noted, though, that Xbox’s current approach deemphasizes the need for a specific piece of hardware to play its first-party games. Outside of native releases on Xbox consoles and PC, Xbox Game Studios titles like Halo Infinite and Forza Horizon 5 are playable on mobile devices via Xbox Game Pass’ Cloud Gaming service. Further, the company has confirmed plans to bring this streaming service to other devices, like streaming sticks and apps for TVs.

Therefore, even if Call of Duty went “Xbox exclusive,” the game be playable for PlayStation owners, in theory, via streaming on one of several devices they potentially already own. Streaming isn’t as good as playable natively, of course, but it would give some options besides dropping hundreds of dollars on an Xbox console or PC.

Another big question pertains to how Microsoft will handle Activision Blizzard’s allegedly rampant workplace misconduct. The company, particularly CEO Bobby Kotick, has been accused of fostering a “frat boy” culture that regularly led to the mistreatment, including but not limited to sexual abuse, of women. Many have called for Kotick to resign, although he reportedly won’t do so until after the acquisition closes.

Ultimately, though, it’s too early to say either way regarding exclusivity and company reform. What we do know, though, is Activision Blizzard and Microsoft will operate independently for at least another year. That means that the former’s imminent slate of games, including this year’s inevitable annual Call of Duty, will definitively release on PlayStation. Likewise, Microsoft will not be able to make any changes at Activision for the time being.

Image credit: Activision

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Embattled Activision Blizzard CEO Bobby Kotick expected to leave after Microsoft acquisition

Bobby Kotick, the scandal-ridden CEO of gaming giant Activision Blizzard, may finally step down, reports The Wall Street Journal (WSJ).

Citing multiple company sources, the WSJ says Kotick is currently only expected to remain as CEO until Microsoft’s $68.7 billion USD (about $86 billion CAD) acquisition of Activision Blizzard has closed. Microsoft expects this to be completed “in fiscal year 2023,” which means Kotick will likely remain as CEO for up to 18 months. It’s unclear whether other leaders are expected to depart as well.

Kotick has faced numerous calls to resign following a July 2021 California lawsuit alleging a years-long “frat boy culture” that led to sexual harassment, abuse and unfair hiring practices towards women. Then, in November, a WSJ report alleged that Kotick was not only aware of these issues, but actively worked on keeping them out of the public eye.

Kotick, meanwhile, has said he’ll only do so if the company’s issues aren’t fixed “with speed.” In a new interview with The New York Times regarding Microsoft’s acquisition of the company, Kotick also wouldn’t confirm whether he’ll step down after the deal closes, simply saying he’ll be “available as needed.”

Of course, the deal needs to actually be approved by all of the requisite U.S. regulators and lawmakers. While it’s possible it could be blocked, Microsoft (post-Activision Blizzard acquisition) would still only account for less than 15 percent of total gaming revenue behind Sony and Tencent. Therefore, analysts expect that it will likely go through.

As Xbox boss Phil Spencer noted in a press release, Activision Blizzard will “continue to operate independently” from Microsoft until the deal is complete. Once that’s happened, Activision Blizzard will report to him directly.

It’s worth noting that Spencer had previously said he was “deeply disturbed” by the allegations surrounding Activision and that Xbox was reevaluating its relationship with the company accordingly. Following the news of the acquisition plans, some gamers have pointed out that acquiring the company full-stop is an odd way of doing that.

Bloomberg‘s Jason Schreier also noted on Twitter that he’s heard from some Activision Blizzard employees who simultaneously feel optimistic about change amid Xbox Game Studios’ “positive culture,” and “fury toward Microsoft for giving Bobby Kotick a big payday and soft exit.” Further, criticism was levied at Microsoft CEO Satya Nadella, who said he’s “grateful to [Kotick’s] leadership and commitment to real culture change.”

However, given the legalities surrounding a major acquisition like this, it’s unlikely that Microsoft could comment further on the issues. As VentureBeat‘s Jeff Grubb pointed out on Twitter, Spencer or other Microsoft executives providing any elaboration could have been seen as “price manipulation” that would have impacted the deal.

In a statement posted to Twitter, the ABK Workers Alliance, a group made up of employees of Activision, Blizzard and King, said the acquisition news is “surprising” but “does not change [its] goals” with regards to improving Activision Blizzard.

“The news of Activision’s acquisition by Microsoft is surprising, but does not change the goals of the ABK Worker’s Alliance. We remain committed to fighting for workplace improvements and the rights of our employees regardless of who is financially in control of the company. We will continue to work alongside our allies across the gaming industry to push for measurable change in an industry that desperately needs it. We called for the removal of Bobby Kotick as CEO in November for shielding abusers and he still remains CEO as of this writing. The strike for Raven QA is in its fifth week, and our striking staff has still not received response from leadership regarding our request to negotiate. And finally, 3 out of 4 of our original collective demands to improve the conditions of women in our workforce have not been met. Whatever the leadership structure of the company, we will continue our push to #EndAbuseInGaming, and appreciate the outpouring of support we’ve experienced in the last year.

The Raven strike, in particular, is referring to dozens of developers at the studio behind Call of Duty: Warzone protesting the sudden termination of 12 quality assurance (QA) contractors. QA plays a significant role in ensuring that a game runs sufficiently, and Warzone has been plagued with bugs amid these layoffs. Multiple QA workers told The Washington Post that they attribute these issues to Raven’s now-reduced QA team. Others said to Inverse that Activision Blizzard has yet to address their concerns.

Source: Wikipedia

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Xbox Game Pass has hit 25 million subscribers

Microsoft has confirmed that its Xbox Game Pass service has reached 25 million subscribers.

The company revealed the milestone as part of its landmark announcement that it will acquire Activision Blizzard in a deal valued at $68.7 billion USD (about $85.96 billion CAD).

Game Pass is Microsoft’s Netflix-esque service that offers unlimited access to hundreds of games for a single monthly fee. In addition to Xbox consoles, Game Pass is available on PC and mobile devices (via ‘Cloud Gaming’ streaming). Game Pass on console and PC is priced at $11.99 CAD/month, while Game Pass Ultimate — which includes both versions of Game Pass, Xbox Live Gold, EA Play and Cloud Gaming — costs $16.99/month.

Of course, one of the main reasons why Microsoft is purchasing Activision Blizzard is to bolster Game Pass. In a statement, Xbox boss Phil Spencer said the company will “offer as many Activision Blizzard games as [it] can within Xbox Game Pass and PC Game Pass, both new titles and games from Activision Blizzard’s incredible catalogue.”

This means that titles from the likes of the Call of Duty, World of Warcraft, Tony Hawk’s Pro Skater, Starcraft and Crash Bandicoot franchises could eventually make their way onto Game Pass.

The payoff of Microsoft’s last major gaming purchase, ZeniMax, has also yet to be fully realized. Two major titles from the company’s Bethesda subsidiary, this summer’s Redfall and November’s Starfield, will launch exclusively on Xbox and PC with day one Game Pass availability. Other games, like last year’s critically acclaimed Deathloop and the upcoming Ghostwire: Tokyo, are also expected to come to Xbox following one-year PlayStation exclusivity periods.

It’s also worth noting that PlayStation is rumoured to launch its own Game Pass-esque subscription service, codenamed ‘Spartacus,’ early this year. Spartacus is said to combine PlayStation Plus and PlayStation Now on top of offering an expanded games catalogue that includes PS1 and PS2 games. Should that happen, it remains to be seen how the two services will compete.

Source: Xbox

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Microsoft to acquire Activision in deal valued at $68.7 billion USD

Source: https://news.microsoft.com/2022/01/18/microsoft-to-acquire-activision-blizzard-to-bring-the-joy-and-community-of-gaming-to-everyone-across-every-device/

Microsoft will acquire Activision in a deal valued at $68.7 billion USD (about $85.96 billion CAD).

Activision is the troubled publisher behind many popular games, including the Call of Duty series, World of Warcraft and Diablo. The deal far outranks most of Microsoft’s other acquisitions, both in gaming and beyond.

The Activision deal is significantly more than the $7.5 billion USD (about $9.4 billion CAD) purchase of Bethesda, and it’s larger than the company’s previous biggest acquisition, the $26 billion USD ($32.5 billion CAD) it paid for LinkedIn in 2016.

Microsoft says (via The Verge) that when the deal closes, it will be the “third-largest gaming company by revenue, behind Tencent and Sony.”

Further, the company plans to add many of Activision’s games to Xbox Game Pass once the deal closes. Xbox chief Phil Spencer said that Microsoft would “offer as many Activision Blizzard games as [it] can within Xbox Game Pass and PC Game Pass, both new titles and games from Activision Blizzard’s incredible catalogue.”

Bobby Kotick will remain as Activision CEO

The deal follows months of sexual harassment claims against Activision Blizzard, which most recently saw dozens of employees exit the company over the scandals. Activision Blizzard CEO Bobby Kotick has also been under intense scrutiny after reports alleged he was aware of the “frat boy culture” at the company and actively worked to keep it quiet.

The Verge reports that Microsoft hasn’t detailed how it plans to deal with the issues at Activision Blizzard. However, Bobby Kotick will continue to serve as CEO.

“As a company, Microsoft is committed to our journey for inclusion in every aspect of gaming, among both employees and players,” says Xbox chief Phil Spencer. “We deeply value individual studio cultures. We also believe that creative success and autonomy go hand-in-hand with treating every person with dignity and respect. We hold all teams, and all leaders, to this commitment. We’re looking forward to extending our culture of proactive inclusion to the great teams across Activision Blizzard.”

Microsoft’s acquisition will further bolster its Game Pass subscription service, which The Verge reports has 25 million subscribers. The Bethesda acquisition was seen as a massive win for the number of popular titles it brought for the service — the Activision deal stands to bring even more.

Image credit: Microsoft

Source: Microsoft Via: The Verge

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Microsoft has officially discontinued the Xbox One family of consoles

Microsoft has confirmed to The Verge that it has ceased manufacturing all Xbox One consoles.

While we learned back in July 2020 that the 4K-capable Xbox One X and all-digital Xbox One had been discontinued, Microsoft is now revealing that the base Xbox One model is also no longer in production.

Notably, this move came not in 2021, but in 2020.

“To focus on production of Xbox Series X / S, we stopped production for all Xbox One consoles by the end of 2020,” Cindy Walker, senior director of Xbox console product marketing, confirmed in a statement to The Verge.

The timing of this reveal is particularly notable, as it comes shortly after Bloomberg confirmed that Sony is looking to produce more PlayStation 4 units in 2022 than originally planned. Per the outlet, Sony is looking to lean on the PS4 amid PS5 shortages, which are expected to continue for some time.

It should be noted, however, that Microsoft’s broader gaming approach isn’t as platform-specific as Sony’s. In addition to the Xbox Series X/S being able to play all Xbox One games via backward compatibility, there are hundreds of Xbox One titles that can also be played natively on PC or even Android, iOS and web browsers through Xbox Game Pass’ Cloud Gaming streaming service.

The company is also still set to support the Xbox One for a yet-to-be-determined amount of time. Beyond the fact that many games (like the recently released Halo Infinite) are still coming out on all Xbox consoles, the few titles so far that are Series X/S exclusive, like Microsoft Flight Simulator, will be made playable on the Xbox One via Cloud Gaming.

All told, though, the Xbox One has had a storied run since its November 2013 launch. Under the leadership of executive Don Mattrick, the console had an infamously rocky launch that controversially emphasized general entertainment, the Kinect and an “always-on” internet requirement. Sony took advantage of the early stumbles and used them to get a strong start with its own PS4 console.

In 2014, Microsoft CEO Satya Nadella appointed then-Microsoft Studios (now Xbox Game Studios) chief Phil Spencer to take over the brand. In the years since, Spencer’s team has helped increase the Xbox brand’s popularity through initiatives like backwards compatibility, Xbox Game Pass, cross-play and major acquisitions.

Looking ahead, Xbox Game Studios’ lineup includes Redfall (summer 2022) and Starfield (November 2022), as well as undated titles like Senua’s Saga: Hellblade II, The Outer Worlds 2, Avowed and Everwild. A more extensive breakdown of what to expect from all of Xbox studio’s can be found here.

Source: The Verge

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Microsoft updating Windows 11 volume indicator to match new design

Microsoft will finally update the volume indicator in Windows 11, replacing the blocky black bar that’s been in Windows since Windows 8 back in 2012.

Along with the volume indicator, Microsoft will update the brightness, camera privacy, camera on/off and airplane mode indicators to match the more modern Windows 11 design. I can’t help but wonder why none of these things made it into Windows 11 at launch, considering the main benefit of Windows 11 was the new design. Still, it’s good to see these changes will finally make their way to Windows 11.

The new indicators will follow Windows’ light/dark mode theming and appear when users press the volume or brightness keys on their keyboards.

Microsoft will also test a new call experience in the Your Phone app on Windows 11. The changes here include a new in-progress call window, updated icons, fonts, and other UI changes that better match Windows 11.

These changes will arrive first as part of Windows 11 preview build 22533, which was released to Windows 11 Insiders on the Dev Channel on January 12th.

It’s not clear when Microsoft plans to push these changes out to the stable version of Windows 11. The Verge suggests they could come in a monthly update and to expect the changes to arrive sometime this year.

Images credit: Microsoft

Source: Microsoft Via: The Verge

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Microsoft hires semiconductor engineer who previously worked for Apple, Arm and Intel

Microsoft reportedly enticed a veteran semiconductor designer away from Apple to work on the company’s server chip efforts.

The report comes from Bloomberg, which cites people “with knowledge of the matter” that asked not to be identified. However, a Microsoft spokesperson did confirm the hiring of Mike Filippo to the publication. Bloomberg reports that Filippo will work on processors within Microsoft’s Azure group headed by Rani Borkar. Filippo also previously worked at Arm and Intel.

The hiring of Filippo suggests Microsoft is moving ahead with its plans to make its own chips for servers, especially ones that power its Azure cloud computing services. The shift towards custom chips follows an industry trend kicked off by Alphabet’s Google and Amazon.

Previously, rumours suggested Microsoft has plans to develop custom chips for servers and, possibly, for Surface devices. While Filippo is set to join the Azure team, it’s still possible Microsoft plans to develop chips for Surface devices, similarly following a trend kickstarted by Apple.

The iPhone-maker has impressed with its custom ARM-based silicon, such as the M1 series of chips powering its new MacBooks and iPad Pro models. Google likewise moved away from using Qualcomm chips in its latest smartphones — the Pixel 6 and 6 Pro both feature the company’s ‘Tensor’ chip with a focus on machine learning.

Microsoft’s shift to custom chips could threaten the company’s relationship with Intel and AMD, both of which have long made the x86 processors that power the majority of PCs (as well as servers and, before the M1, Apple’s Mac computers). For now, x86 still has a place among Windows PCs thanks to performance advantages, legacy software and because Microsoft’s Windows on ARM efforts have been generally disappointing so far.

Besides, Microsoft has laid some groundwork for custom chips in Surface devices. The company previously worked with Qualcomm to develop custom ARM-based silicon for the Surface Pro X (the SQ1 and SQ2). However, the Pro X also exemplifies the issues with Windows on ARM and is, at least for now, not something worth buying.

Filippo’s exit also marks the loss of another high-profile engineer for Apple. He joined the iPhone-maker in 2019 as a chip architect after working as the top designer of semiconductors at Arm for a decade. Filippo was at Intel for about five years before that.

Source: Bloomberg