Antitrust hearing scheduled for August

[Update: The FTC has been officially granted the injunction filed ag??ainst Microsoft. As such, Microsoft cannot complete its purchase of Activision Blizzard until the case reaches Federal Court in August.]

The United States Federal Trade Commission has requested that U.S. place an injunction preventing Microsoft from closing its proposed purchase of publisher Activision Blizzard before the FTC's antitrust lawsuit, set to take place this August.

Despite the legal opposition from the commission, as well as the approval rejection from the UK, The FTC believes Microsoft fully intends to go ahead and complete the $68.7 billion merger, and that "they may consummate the proposed acquisition at any time". The FTC filed suit against Microsoft ??back in December 2022, but the case is still yet to be heard in court.

The FTC has asked for an injunction preventing the sale from taking place be filed no later than June 15, and that said injunction remai??n in place until the court mak?es its decision later this summer.

In a statement to GamesIndustry.biz, Microsoft president Brad Smith writes: "We welcom??e the opportunity to present our case in federal court. We believe accelerating the legal process in the U.S. will ultimately bring more choice and competition to the market."

The FTC continues to build its case against the proposed sale ahead of August's hearing. The commission is expected to present arguments that Microsoft's ownership of the Call of Duty and World of Warcraft studio will create something of a monopoly within the industry, limiting player choice and confining popular brands to MS own platforms. Microsoft has repeatedly denied that this is the intent beh??ind its proposed purchase.

Pretrial briefs are expected to take place in July??, with the court officiall?y opening August 2.

The post (Update) FTC requests injunction to prevent Micr??osoft/Activision sale from ?closing early appeared first on Destructoid.

Suspended sentence sought by defense

According to a report from Abema Times, (as translated by VGC) Sonic the Hedgehog co-creator Yuji Na??ka is facing 2.5 years in prison �in addition to receiving a $1.2 million (USD) fine �for his role in insider trading schemes that took place during his time at developer Square Enix.

The punishment is being requested by the prosecutor's office at the Toko District Court, who argue that Naka had violated Japan’s Financial Instruments and Exchange Act, stating Naka had shown "no signs of remorse" for the offense. Naka was first arrested in November 2022 under suspicion that he had used insider knowledge in order to draw large sums of money on the stock market. Naka was then re-arrested again a month later on additional charges.

The prosecution argues that Naka, alongside fellow former Square Enix employee Taisuke Sazaki, knowingly invested in Japanese developer ATeam Entertainment, ahead of the announcement that the studio would be developing 2021 mobile release Final Fantasy VII: The First Soldier. Naka reportedly purchased 120,000 shares in ATeam at a cost of arou??nd ¥144.7 million yen (roughly $834,000 USD).

In a separate incident, Naka, Sazaki, and a third employee, Fumiaki Suzuki, were charged with purchasing stock in another studio, Aiming, ahead of Square Enix revealing that it would be working on Dragon Quest: Tact. In this instance, Naka was accused of having purchased ¥47 million (roughly $33??6,300? USD) of shares before the public announcement. The prosecution believed Naka ascertained the details ahead of time by accessing an internal website containing meeting transcriptions.

Naka's defense team is hoping t??o re??duce the fine and is currently seeking a suspended sentence in the hope of preventing Naka from serving any jail time. A final verdict is expected in July.

Naka left Square Enix in 2021, following the critical and commercial failure of lurid platformer Balan Wonderworld. After the fact, Naka would also file suit a?gainst the publisher, argu?ing that he had been removed from Balan's development six months ahead of its much-maligned release.

?Yuji Naka ?could be sentenced to 2.5 years in prison for insider trading [VGC]

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The DMCA claims another court victory

Bungie has succeeded in the latest of an increasing line of lawsuits targeting online cheat sellers �The Destiny 2 developer was awarded $12 million in damages this week in ??its case against website VeteranCheats and its owner, Mihai Claudiu-Florentin.

As reported by The Game Post, Bungie filed suit against Romanian Claudi-Florentin in 2021, acc??using the website owner of committing copyright infringement and tortious interference through the development selling? of various hacks and cheats, distributed through the VeteranCheats domain. The key software allows players to see through walls and auto-aim, alongside other in-game advantages.

Bungie argued that the sale of VeteranCheats had caused significant harm to Destiny 2 and its community, frustrating users and undermining the game's intent. Bungie sought default judgment of just over $12 million USD, including statutory damages of $2,000 for each of the cheat's 5,848 downloads, as well as an addit?ional $146,000 for copyright violation, and payment for the studio's legal fees.

The District Court of Washington found in favor of Bungie's claim, and ordered a total damage reparation of $12,059,912.98. In addition, Claudi-Florentin was barred from engaging in any activity that opposes Bungie's copyright act and DMCA rulings. As of this writing, the VeteranCheats website is still operational, selling cheats for other popular video games including Call of Duty and PUBG. The Destiny 2 hacks, obviously, have since been removed.

This lawsuit represents the latest of a series of successful suits ?Bungie has filed against onlin??e cheat sellers, having previously won damage cases against companies such as AimJunkies, LaviCheats, and Elite Boss Tech.

Bungie?? Wins $12 Million Award Against Destiny 2 Chea??t Seller [The Game Post / GamesIndustry.biz]

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Five-year case concludes with $5 million settlement

A Kansas court has settled the 2017 case in which a Witchita resident was shot dead by a police detective after officers responded to a fake "hostage situation" taking place at the man's house �the result of a "swatting" incident perpetrated by Tyler Barriss and concerning Call of Duty players Shane Gaskill and Casey Viner.

On the evening of December 28, 2017, 28-year-old Andrew Finch was at the house owned by his mother when he noticed police lights flashing directly outside of the residence. Opening the door to investigate the commotion, Finch was shot dead moments later by police detective Justin Rapp. Tragically, Finch was not remotely connected to the incidents tha?t had led the police to his front doo??r that fateful night.

In reality, Los Angeles resident Tyler Barriss had sent the police to Finch's residence, erroneously believing that it was the home of Shane Gaskill, an Ohio resident who had gotten into a fight with another player, Casey Viner, over a "$1.50 wager match" on Call of Duty: WWII. As the two players taunted each other online, Viner asked Barriss �a frequent hoax caller �to "swat" Gaskill's house. Barriss then told Witchit??a police that there was a "hostage situation" taking place at an address obtained directly from Gaskill, who had openly challenged Barriss and Viner to "try some shit".

[caption id="attachment_370235" align="alignnone" width="640"] Tyler Barriss in Court (Credit: KSN News)[/caption]

The address provided by Gaskill was, however, his former address, which was now occupied by Finch's mother. And thus, wrongfully believing an armed man was about to kill?? himself and his family, the police arrived ??at Finch's home and took immediate, deadly response. Finch was unarmed when he opened his front door, and Rapp did not identify himself before opening fire on the father, who died at the scene.

In 2019, Barriss was sentenced to 20 years in prison after pleading guilty to a total of 51 federal charges related to swatting incidents, bomb threats, and other hoax calls. Casey Viner was jailed for 15 months for his involvement in the killing, while Shane Gaskill was put on a defe??rred prosecution, but would violate his terms and eventually be sentenced to 18 months in the fall of 2022 .

[caption id="attachment_370236" align="alignnone" width="640"] Andrew Finch[/caption]

Following?? a period of relief from duty, officer Justin Rapp would testify in a federal court for the incident, admitting that he did not see a gun in Finch's hands before opening fire. Rapp would ultimately face no charge, returning to active duty and even receiving a promotion in 2022. This week's ruling sees Witchita County settle the case against Rapp for $5 million USD, which will be paid to Finch's family.

"I would like to express my thanks and gratitude to the activists who fought for myself and my children for five long years," said Tawny Unruh, the mother of Finch’s children, in comments made to The Witchita Eagle. "To the mayor and council who voted in favor of my children, thank you for making sure that my famil??y can move on from this nightmare and begin to heal. We will never forget or understand why our Andy had to die but are grateful for all of the support we’ve received from our community."

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Unfair Dismissal cases dropped

[Update: In comments to Eurogamer, former ZA/UM employees Robert Kurvitz and Sander Taal have brashly disputed th?e contents of the statements released by ZA/UM?? CEO Ilmar Kompus.

"The press release quotes Kender admitting that he has filed a? 'misguided' lawsuit against ZA/UM in late 2022. We disagree," reads the duo's response. "Kender's lawsuit was based on the misuse of ZA/UM’s funds (�.8m) by the majority shareholders Kompus and Haavel to increase their own stake in the company. In the press release, Kompus and Haavel admit to this misuse, arguing only that t?he money has been "paid back to ZA/UM".

"Paying back stolen money, however, does not undo the crime; here, it does not undo the majority that Kompus and Haavel have illegally gained in ZA/UM [...] Kompus and Haavel silenced K??ender on this matter, but they will not silence us. Unlike Kender, we have not participated in the looting of ZA/UM, and Kompus and Haavel have no power?? over us."

Original Article

Disco Elysium developer Studio ZA/UM has, to various effect, resolved numerous lawsuits filed against it within the past year. These include a case with the game's executive producer, Kaur Kender, as well as several Unfair Dismissal suits filed by several key members of the studio, who left the team in fall 2022.

The Kaur Kender lawsuit saw the former ZA/UM producer sue the studio's majority shareholding company Tütreke, claiming that ZA/UM CEO Ilmar Kompus had essentially "cheated" him out of � million, while also trying to illegally wrest control of the studio away from the founding members of the team. However, the case will no longer be progressing, as per a statement from Kompus offered to GamesIndustry.biz.

"The facts and the law led to this outcome," Kompus writes. "We are pleased that Kender and his attorneys ??have chosen to withdraw their lawsuit �one that should never have been filed in the first place. Their decision affirms there was no basis for their accusations a??nd that I have acted appropriately and responsibly, as underscored by the corporate records I provided."

A press statement from the studio ??also includes comments from Kender, who has now "divested all his shares in the studio" and "repaid all his debts to the studio", as well as reimbursing Kompus' legal cos?ts.

"After leaving my full-time role, I filed a lawsuit which I realised, after seeing the fa?cts, was misguided." said Kender in the press statement.

//www.youtube.com/watch?v=nk_K5DM0UTk&am?p;ab_channel=GameSpot

The unfair dismissal suits were filed following the revelation that Disco Elysium designer Robert Kurvitz, writer Helen Hin??dpere, and art director Aleksander Rostov were no longer at the?? studio, having been "involuntary" pushed out of the company by its owners. While initially offering a more diplomatic statement, Kompus and business partner Tõnis Haavel would eventually allege that the departing members had been "creating a toxic environment", and "belittling co-workers", with the party also accused of "intending to steal the IP".

Studio ZA/UM now says that Kurvits and Rostov have dropped their respective suits, with the studio claiming a lack of evidence prevented the cases from progressing. The studio notes that it expects further accusations and cases?? to be brought forward by former employees, and it expects these cases to meet similar fates. In addition, Studio ZA/UM has received a �.8 million payment from its owner, Tütreke.

"As this transaction ??shows, open discussions are the best way to clear up misunderstandings and differences, especially when it's ??for the benefit of the team," writes Kompus. "We've approached this with the collective interest of ZA/UM and our incredible team in mind, and we are glad to have reached a full resolution."

ZA/UM resolves legal dispute with Disco Elysium pr??oducer Kaur Kender [GamesIndustry.biz]

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Court demands full refunds for all Austrian FUT players

The controversial and highly lucrative FIFA Ultimate Team system is in hot water once again �This time, the trouble comes from an Austrian court, which has officially ruled that the microtransaction-bas??ed digital card collector violates the n??ation's gambling laws.

As reported by German news outlet GamesWirtschaft, the verdict com??es at the end of a 2022 lawsuit that was filed against Sony Interactive Entertainment by a group of PlayStation FIFA players. The suit is directed at Sony rather than FIFA publisher Electronic Arts because the FUT packs were purchased on the PlayStation Network, which makes the sales contract with Sony, and not with EA itself.

The court decreed that players being able to sell FUT cards on a secondary market added elements of value to many randomized items. The court argued that this action gives FUT players the opportunity to access a profit margin for their randomly accessed products, which is what violates Austria's gambling laws. As such, the court has ordered Sony to refund Austrian FIFA players who have made FUT purchases on PlayStation Net??work.

Pa??dronus, a law firm specializing in recovering losses from online casinos, reports that over 1000 FIFA players have contacted them looking for compensation, with individual purchases ranging from three to five figures. It seems,?? however, that there is a cap on the amount Sony will have to refund any one player, and it should also be noted that Sony has the option to appeal the verdict, which it most likely will.

Since its initial inception in 2018, FIFA Ultimate Team has been both lucrative and controversial. The mechanic has faced up to legal scrutiny time and again �especially in the European court system, while EA came under heavy fire back in after it was discovered employees had been selling highly sought-after FUT items "under-the-table", in what was unimaginatively dubbed "EAgate". Despite the headaches, EA has remained steadfast in its decision to keep the FUT system live and kicking, and given that it has raked in somew??here in the region of $1.5 million USD every year since its launch, it is unlikely to pull the plug until forced.

Austrian court rules th??at FI?FA loot boxes violate gambling laws [GamesIndustry.biz]

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Get in line

A Californian judge has rejected Microsoft's request that a lawsuit opposing its acquisition of Activision Blizzard is "paused" until after the publisher completes its pending lawsuit with the Federal Trade Commission (FTC) �itself a lawsuit opposing the $68.7 billion merger.

The so-called "Gamer Lawsuit" was filed by Alioto Law Firm and the Joseph Saveri Law Firm in December 2022, and represents a party of citizens who are against Microsoft's proposed purchase of the World of Warcraft and Overwatch 2 developer. As reported by Axios' Stephen Tolito, Microso?ft had attempted to put this particular suit on hold whilst it focuses its efforts on the more prominent FTC lawsuit, but will seemingly have to take on both suits simultaneously.

"The lawsuit seeks injunctive relief to prohibit the acquisition as a violation of Section 7 of the Clayton Antitrust Act and to protect consumers from unlawful concentration of power within the video game industry. Section 7 prohibits all mergers and acquisitions in which the effect 'may be substantially to lessen competition, or to tend to create a monopoly.'" wrote Alioto Law Firm of its suit.

"Upon the deal's completion, Activision would be wholly owned by Microsoft. If allowed to proceed, this acquisition would stifle market com??petition, reducing consumer choice, lowering quality and output, increasing prices, and preventing future competition within the video game industry."

The "Gamer Lawsuit" is a further hurdle Microsoft faces in its efforts to complete the Activision Blizzard purchase. The publisher is also required to take its lawsuit with The FTC to trial, (currently scheduled to take place this August), and will then have to find similar favor with The European Commission. When you also factor in the pos??sibility of appeals from all parties, it seems that this whole affair is a long, long way from completion.

Judge blocks Microsoft's ?req?uest to pause gamer lawsuit [GamesIndustry.biz]

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A drop in the cyberocean

The class action lawsuit that was filed against CD Projekt RED for the disastrous launch state of its mega-selling RPG Cyberpunk 2077 has been settled for $1.85 million USD.

The suit, filed on December 24, 2020 by New York's Rosen Law Firm was launched by a party of investors who accused CDPR of misleading its shareholders over the quality of the title, which famously launched in disastrous fashion on PS4 and Xbox One back in December 2020. The suit argued that CDPR offered "materially false and misleading" statements on the title in its development stages, before finally releasing Cyberpunk 2077 in a "virtually unplayable" fashion.

This week, a California's Central District Court judge signed off on the $1.85 million damage payout. Previously it had been considered that the penalty would be somewhere in the region of around $11 million. It should be clearly noted that this case specifically is for CDPR's investor market, and thus does not involve consumers or other par?ties.

It all, obviously, amounts to an afterthought, as Cyberpunk 2077 would sell somewhere in the region of 13 million sales during its launch month, and is believ??ed to have shifted well over 20 million copies as of September 2022. The $1.85 million payout will be, essentially, loose change from the revenue pulled in from the title release �which has since gone on to launch on PS5 and Xbox Series X, albeit in a far greater and more pol??ished technical form.)

With interest renewed via the excellent Cyberpunk: Edgerunners Netflix series, the catastrophic launch of Cyberpunk 2077 has seemingly been all but forgotten by many, consigned to gaming history books as a chucklesome "remember when?" scenario. CD Projekt RED had, until that point a practically blemish-free record, and is already well on its way to redemption, at little cost. In fact, in this week's end-of-year Steam awards, the troubled title stunned users by bagging the ceremony's "Labor of Lov??e" award.

Here's hoping that this ??whole sorry scenario and the causality of its closure does not set a precedent for future projects from major studios.

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No 'substantive' settlement talks between parties

The ongoing battle between The Federal Trade Commission (FTC) and Microsoft over the latter's proposed purchase of Activision Bli?zzard rages on �And, according to recent comments by the former, it looks like neither side has been willing to give up a single yard, leading toward a clear impasse.

Speaking in a telephone hearing on Tuesday, FTC attorney James Weingarten noted that there has been no "substantive" settlement talks between the trade body and the publisher, suggesting that the two parties will have no option but to pursue the FTC's filed suit to legal tr??ial, which is tentatively set for August of this year.

As we have frequently reported, the FTC is one of a number of statutory bodies that are currently refusing to offer its approval of Microsoft's purchase of Activision Blizzard, first announced in January of 2022. The FTC is concerned that the merger of the two industry giants will create a monopoly, especially should Microsoft choose to make Activision Blizzard's titles Xbox-exclusive �The "Golden Goose" being billion-dollar shooter franchise Call of Duty. Microsoft, who denies any intention of keeping CoD all for itself, has fanned the flames somewhat by openly calling the FTC's actions "unconstitutional".

If a settlement? is not reached before the summer, then the FTC's lawsuit, filed earlier last month, will go to trial, where a law judge will make the ultimate decision for the parties either way. It should be noted that both parties will have the option to appeal the result, suggesting that this impasse could continue well into the latter days of 2023.

Outside of the FTC suit, Microsoft will still have to seek the approval of other global regulatory bodies in territories such as Europe and the UK, meaning that this deal could still prove to be well over a year away from closure, at the very least. Of course, to worried publishers such as Sony, any s?uch delay will likely b?e met with open arms.

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Overdone.

The long-running legal case regarding controversial Cooking Mama: Cookstar has finally drawn to its conclusion, with The International Court of Arbitration ruling that publisher Planet Entertainment did indeed infringe upon Office Create's IP with the 2020 release.

Available for PS4 and Nintendo Switch, Cooking Mama: Cookstar fell into controversy immediately, with rumors swirling that it utilized the Nintendo Switch hardware to mine cryptocurrency. Though Planet Entertainment stated that this wasn't the case, Cooking Mama IP owner Office Create filed suit against the publisher, stating that the company's right to use the Cooking Mama brand had ??expired �the initial build of the comical cook sim having been submitted a??nd rejected back in 2018.

"Unfor??tunately, the quali??ty of the game builds failed to meet the standards that our customers expect and deserve," said Office Create at the time. "Office Create rejected a wide range of deficiencies affecting the overall feel, quality, and content of the game.

"Yet, despite being contractually obligated to correct the identified deficiencies and resubmit the corrected game for Office Create's approval, Planet proceeded to release Cooking Mama: Cookstar without addressing all of the reje??ctions and without O??ffice Create's approval."

Following this week's legal ruling, Cooking Mama: Cookstar has been removed from the PSN Store and the Nintendo eShop, and all remaining physical copies must be removed from store shelves. To date, the most recent official Cooking Mama release was Apple Arcade title Cooking Mama: Cuisine! which launched in July of this year.

Court rules that Cooking Mama: Cookstar inf??ringe??d upon Office Create's IP [GamesIndustry.biz]

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Sony PayStation

A Californian court has gra??nted the request of Sony Interactive Entertainment that it dism??iss a class-action lawsuit, filed in 2021, that accused the publisher of maintaining a monopoly over the price and distribution of digital games via its popular online store, PlayStation Network (PSN).

The consumer-led lawsuit alleged that SIE held full control over the prices of all titles sold via the PSN stor??e, arguing that the removal of digital game codes from high ??????????????????????????street retailers, (a practice that Sony halted three ago), meant that Sony now held a "price monopoly" in regards to the sales of all digital PlayStation video games, forcing consumers to exclusively use PSN and pay its respective prices.

However, as reported by Bloomberg Law, Judge Ri?chard Seeborg of the Northern District of California dismissed the case this past weekend, citing that there was no evidence that SIE removed digital codes from high street stores in order to acquire full control of PlayStation's digital game sales. The success or failure of the suit depended upon the plaintiff's ability to prove that SIE's primary goal in removing code sales was to eliminate sales competition. In the court's opinion, this was not achieved by the lawsuit.

"For all the foregoing reasons, the motion to dismiss is granted because Plaintiffs have failed to allege adequately anticompetitive conduct under the Sherman Act [the law by which corporate antitrust is defined], and the other claims are derivative of the Sherman Act claims," wrote Judge Seeborg. "Although it is unclear at th??is time if the deficiencies may be cured, Plaintiff is granted leave to amend."

The Sony PSN suit is one of a seemingly endless number of lawsuits brought against publishers in regard to the operation and legalities of digital storefronts. Recent years have seen a litany of varied cases brought against companies such as Epic Games, Apple, Valve, and others. While we are well into the third decade of digital games sales, it seems the rulebook is still far from c??losed in regards to pricing, distribut??ion, regional changes, refunds, and other consumer laws long since established in street retail.

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'Surprise Mechanics' back in the crosshairs

Gaming's most controversial economy, the Loot Box and its random-related br?ethren, are once again the target of European councils, who are calling for n??ew legislation for the controversial in-game purchase mechanic.

This latest venture follows the publishing of a new report titled "Insert Coin," penned by The Norwegian Consumer Council (NCC) which looks into the short-and-long-term impact caused by so-called "Surprise Mechanics" on the health, welfare, and wallets of video game players. The report targets the predatory and compulsive nature exhibited by the loot box concept, noting that the mechanic "exploits cognitive or behavioral biases to incentivize spending." The report calls out certain examples by name, including EA's FIFA franchise and mobile title Raid: Shadow Legends.

Following the report's publication, over 20 consumer groups from 18 European countries have partied together to cal??l fo??r immediate and severe legislation against all forms of loot box/gacha gaming and the publishers who chose to include it in their titles. While the report lists several potential compromises �such as banning misleading in-game currency, further declaring prize odds, and removing loot boxes from all games targeting minors �the council also suggests simply banning paid loot boxes altogether.

Loot boxes, gacha, and other "surprise mechanics" have remained both a lucrative and highly controversial part of gaming for many years now. While there have been repeated instances of investigations, lawsuits, and governmental interference into the application of in-game purchases, there is �staggeringly �yet to be definitive law on what a loot box is/isn't, and how they can be globally instigated (or not) in video games the world over. In the meantime, publishers such as Activision Blizzard, EA, and myriad mobile game makers have been making money hand-over-fist and thus will be unlikely to pull ?the plug anytime soon.

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Never in The Netherlands

This week sees the launch of Activision Blizzard's hellish new MMO, Diablo Immortal. But while the free-to-play mobile title is preparing to unleash its evil upon most of the planet, two countries will reportedly be blocking the title's launch due to th??eir respective laws on in-game purchases.

Initially reported by Dutch news outlet Tweakers, both Belgium and The Netherlands have refused Diablo Immortal service within the countries' borders due t?o "the current operating conditions in these countries." It should be noted that both countries in question have taken staunch stances against the controversial "loot box??" mechanic, which continues to skirt around various gambling laws worldwide.

//www.youtube.com/watch?v=_sDxsXYn78w

Over on the Diablo Immortal ??subreddit, poster Evoratus uploaded a message they received from a Blizzard employee warning players from the affected countries from attempting to log in. This statement openly calls out the loot box laws as the reason that the title will not launch in Belgium or The Netherlands, and suggests that any Blizzard account that fans a way to circu?mvent the block may find itself banned.

"Unfortunately players in the Netherlands and Belgium will not be able to install Diablo Immortal due to the countries' gambling restrictions," reads the unofficial statement. "The lootboxes in the game are against the law in your country, so unles??s the gambling restrictions change the game will not be released [...] It would be illegal for you to download the game in another country like France. If you manage to run the game I cannot guara??ntee that you will not be banned for it."

In addition, pre-registration for Diablo Immortal has been closed on both PC and mobile platforms. For all other countries, Diablo Immortal is still expected to launch on June 2.

Diablo Immortal reportedly won't launch in two countries d?ue to loot boxes [GamesIndustry.biz]

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Group fighting for better parity among genders

A party of current and former Activision Blizzard employees have formed a new committee in or?der to combat sexism, inequality, and gender bias within the studio's walls. The anti-discrimination committee currently consists of 12 members, and has drafted a list of demands for the attention of Activision CEO Bobby Kotick, diversity officer Kristen Hines, and chief human resources officer Julie Hodges.

As reported by The Washington Post, the four-page document demands include private lactation support, 12 weeks of paid parental leave, and the implementation of independent investigations for employee complaints and incidents. The latter of these is likely a response to Activision's recent decision to create its own "Workplace Responsibility Committee," an in-house investigative body th?at includes some of the company's own board members.

In addition, the new group is calling for the establishment of a trans support network for all of Activision Blizzard's transgender staff and requests that Activision remain true to its promise to waive mandatory arbitration on any and all cases of alleged discrimination. (Blizzard claims that it previously implemented this in October 2021.) In the further interest of clarity, the committee wis??hes Activision to allow its employees full documentation of any communication with the hu?man resources team.

"My hope in joining the committee is that we don’t let the fervor die down until there is meaningful, long-lasting chan??ge," said Blizzard motion graphic designer Emily Knief. "At the end of the day, I would like to go into work and not have to think about anything but my work. But based on everything that has been h??appening, even well before it broke through the headlines, it has been taking up a sizable portion of my day, having to think about the inaction of leadership."

Activision Blizzard responded to the new committee's demands in a statement to The Washington Post.

"We appreciate that these employees want to join with us to further build a better Activision Blizzard and continue the progress we have already made," writes Activision Blizzard spokesperson Jessica Taylor. "We have, for example, already upgraded our lactation facilities, waived arbitration, hired new DEI and EEO leaders, and collaborated with employees to make our policies and processes more Trans inclusive,?? just to name a few issues the letter raises."

While one might assume some of the above demands would have been standard practice within such a massive, billion-dollar g?lobal organization, clearly there is still much work to be done in order to improve the safety, security, and mental well-being of the industry's employees.

You can find an abridged timeline of the Activision Blizzard controversy, investigation, and response right here.

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District Court considers policies plausibly 'unlawful'

A U.S. District Court judge has ruled that publisher Valve Corp. should face ant??itrust litigation for the operation of its PC gaming platform and digital sales store, Steam.

As reported by Bloomberg, the dictum was handed down on May 6 by Judge John C. Coughenour of the U.S. District Court for the Western District of Washington. Coughenour stated ??that, in his opinion, Valve is in a highly favorable market position and that this could potentially enable the company to use market dominance to exploit or intimidate its developers and customers.

"The company 'allegedly enforces this regime through a combination of written and unwritten rules' imposing?? its own conditions on how even 'non-Steam-ena??bled games are sold and priced,'" wrote Coughenour in his ruling. "These allegations are sufficient to plausibly allege unlawful conduct."

The case, initially filed by developer Wolfire Games in the spring of 2021, concerns several elements of Steam's operation. These include the 30??% commission taken by Valve on sales, the ability to withhold keys and revoke publisher privileges, and Valve's favored use of controversial "Most-Favored-Nation" policies, a technique used by many online outlets to drive-up prices, particularly ?in the United States.

Previously, Coughenour had ruled preliminarily in Valve's favor, partly dismissing the case in November and requesting that all consumer claims went in?to arbitration. However, it seems that the Most-Favored Nation concerns still stand, and as such V??alve will have to face the antitrust suit, or at least its partial allegations.

Previously, Valve was among a number of publishers �including Capcom, Zenimax, Bandai Namco, and Koch Media fined by the European Commission over antitrust concerns. Despite online sales increasingly becoming the foremost form of modern retail, the rules and regulations in regard to consumer a?nd distributor rights remain somewh?at ungrounded.

Valve loses bid to end antit??rust case over steam gaming? platform [Bloomberg]

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Sony's $3.6 billion deal to be scrutinized

According to a new report, the Federal Trade Commission (FTC) is preparing an investigation of Sony's previously announced intention to acquire studio Bungie. The publisher announced the $3.6 billion USD purchase of the Destiny developer in January of this year.

According to a report by The Information, (as noted by gaming news outlet VGC), Sony will first have to face the FTC's investigation before the proposed deal can be completed. The commission has been taking ?a newly focused interest in major trade deals under the current U.S. administration, and as such is called upon to look into big-bucks signing for the ?potential for Antitrust, Monopolization, or any other questionable business practices.

This does not, of course, mean that Sony's proposal is a nefarious one. The FTC is also currently investigating Microsoft's staggering $68.7 billion purchase of Activision Blizzard for similar possibilities. As the video game industry continues its current trend toward mergers, acquisitions, and consolidation, the FTC and the federal government will be keen to make their presence known, eager to make the money-spenders aware that billion-dollar deals can s??till be b?locked on an administrative level.

Despite all the chest-beating, however, it is likely that the Sony/Bungie deal will go ahead, much as Microsoft/Bethesda did back in March of 2021. The Microsoft/Activision Blizzard acquisition remains up in the air, given the incredible sums of money at play, plus Activision Blizzard's recent controversies �the most recent of which involves a lawsuit ?filed by the State of New York earlier this week.

Should Sony acquire Bungie, (with the FTC's blessing), the publisher has already stated that Destiny 2 will? remain a multi-platform release. Bungie itself is expected to operate as ??an independent subsidiary following the sale, and will not be merged into PlayStation Studios as a whole.

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S H O C K

We are approaching the first anniversary of the fateful day California filed a lawsuit against studio Activision Blizzard following an investigation into sexual harassment, gender pay discrepancies, and other examples of the company exercising a toxic work environment. And if the World of Warcraft p?ublisher had thought the situation w?ould have passed by now, matters remain wide open.

The most recent headline, originally published by Axios, con??cerns a proposal from The State of New York. The state is suggesting that Activision Blizzard release an annual report, specifically focusing on efforts to combat harassment, abuse, and other toxic practices within its walls. The report would openly disclose hours worked by staff, as well as pay and other compensatory efforts. Also to be listed in the report is the total nu??mber of filed complaints, pending matters, and settled cases, among other details.

In response to New York's proposal, Activision Blizzard's board of directors unanimously voted to recommend that all company shareholders vote against the annual harassment report proposal. The board suggests that c??ompiling the report would take focus, time, and energy away from other matters �matters, the company posits, that would do more benefit to the Activision Blizzard staff? in the long-term.

"Focusing all our attention on these concerns is the best way quickly and effectively to create genuine change in our workplace," reads Activision Blizzard's response. "Second, the proposed report itself, even if completed after significant time and expense, would create a set of metrics that are sim??ply not the best measures of how the Com??pany is responding to employee concerns."

"The Board is committed to measuring the speed and effectiveness of our changes accurately, not based on metrics that are not precisely tailored to our Company's situation," continues the ??statement. Activision also states its concern that such a report might jeopardize the personal details of its staff members.

Activision Blizzard is not the only company New York is proposing the report to, having also requested similar efforts from under-scrutiny companies such as Starbucks and Tesla, both of which have also f?aced concerns of employee abuse and toxicity in the workplace. Microsoft's board of directors also previously rejected such a proposal in 2021, though the company as a whole eventually found in favor of instigating the report.

The official vote on the annual harassment report is likely to take place at Activision's annual meeting in June. You can read an abridged timeline of the Activision Blizzard controversy right here.

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FUT decreed not 'an isolated game'

In a surprising bit of legal news, a Dutch court has overturned the â‚?0 million fine hande??d down to Electronic Arts over its popular loot box mechanic FIFA Ult?imate Team (FUT). The Dutch Administrative Jurisdiction Division has upheld the publisher's appeal, effectively overruling the decision handed down by The Court of The Hague in 2020.

The Hague had previously decreed that EA broke Dutch gambling laws via the sale of in-game FUT packs, fining the FIFA?? publisher a hefty â‚?00,000 for each week it continued to sell the digital add-ons, ??with a maximum penalty fixed at â‚?0 million. EA chose to call the ruling's bluff, filing for appeal and continuing to sell the digital trading cards in the meantime.

A risky endeavor th??at has paid off (quite literally.)

On Wednesday, as reported by Eurogamer, The Dutch Administrative Jurisdiction Division �essentially the highest order of law in the Netherlands �decided that the purchasing and opening of FUT packs did not qualify as "an isolated game," and that it was an element of chance voluntarily utilized as a part of a "game of skill" (FIFA itself).

"The vast majority of packs are obtained by and used for game participation," ruled the court. "Since the packs are not a standalone game, they are not a game of chance and do not require a licence. The publisher has therefore not violated the Games of Chance Act and the Gaming Authority should therefore not have imposed a penalty payment on th??e publishe?r. The Administrative Jurisdiction Division has 'revoked' the imposed penalty."

Though this particular situation has worked out in EA's favor, it has been a turbulent 12 months for the FIFA franchise. In the summer of 2022, a scandal dubbed "EAGate" saw employees selling high-ranking FUT cards "under-the-table" for ludicrous amounts of money. More recently, it seems more and more likely that EA and FIFA itself are scheduled to part ways, with the former rumored to be considering a full rebrand, following the alleged doubling of the latter's licensing fee.

For decades, FIFA has been one of the most financially lucrative franchises in all of gaming. As su??ch, any and all controversies and criticisms are simply storms that EA will gladly weather if, ultimately, it is able to keep the ball rolling.

EA's â‚?0m Dutch FIFA loot box fine overturned [Eurogamer]

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The biggest conspiracy in MGS history

Konami has quietly announced that it intends to remove some classic titles in the Metal Gear Solid franchise from digital storefronts. The "temporary" removal will begin today on almost all platforms on which the affect??ed titles are available.

The two titles being removed are 2001's Metal Gear Solid 2 and 2004's Metal Gear Solid 3: Snake Eater, as well as all collections and compendiums that include these games �such as the Metal Gear Solid HD Collection. It seems that the licenses are set to expire on th?e titles' use of historical footage? for its cutscenes and FMV sequences, and while publisher Konami works to renew these licenses, it has no choice but to make the respective games unavailable for sale.

We're obviously talking a few seconds of grainy, jerky, black-and-white, out-of-context footage... But such are the ways of busi??ness. Konami has not offered any hi??nt as to when the relicensed games will return. The affected titles are as follows:

PlayStation 3 �METAL GEAR SOLID 2 SONS OF LIBERTY HD EDITION
PlayStation 3 �METAL GEAR SOLID 3 SNAKE EATER HD EDITION
PlayStation 3 �METAL GEAR SOLID HD EDITION
PlayStation Vita �METAL GEAR SOLID 2 SONS OF LIBERTY HD EDITION
PlayStation Vita �METAL GEAR SOLID 3 SNAKE EATER HD EDITION
PlayStation Vita �METAL GEAR SOLID HD COLLECTION
PlayStation Now �METAL GEAR SOLID HD COLLECTION
Xbox 360 �METAL GEAR SOLID HD EDITION: 2 & 3
Nintendo 3DS �METAL GEAR SOLID SNAKE EATER 3D
GOG.com �METAL GEAR SOLID 2 SUBSTANCE
NVIDIA Shield �METAL GEAR SOLID 2 HD for Shield TV
NVIDIA Shield �METAL GEAR SOLID 3 HD for Shield TV

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But backpay expected to be a fraction of what's owed

Former emplo??yees for long-defunct developer 38 Studios have been in?formed they will finally receive some of the back pay owed from the studio's closure in 2012, almost a decade after the staff's initial lay off.

As reported by Bloomberg, 38 Studios �whose sole release was 2012 RPG Kingdom of Amalur: Reckoning �registered for bankruptcy shortly after the title's release, with over $150 million USD owed to an army of a reported 1,000 creditors. Further strife was caused by a last-minute studio relocation and repayments on a whopping $75 million loan.? This led to some 400 employees failing to receive their final wages before the shutter was finally pulled down for good.

Last week, a Delaware court finally decided that payment was still owed to the employees, and checks have started arriving on a variety of doormats. I state "a variety" as some of 38 Studios' former devs have stated that the checks are f??inding their way to old home addresses, such was the lengthy period between the studio's closure and the court's decision. Equally frustrating, the team members are unlikely to see the full owed amount. Those who worked at 38's Rhode Island studio are expected to receive around 14% of what they are owed, with the Maryland team receiving around 20%.

The rights to the Kingdom of Amalur IP currently lie wi??thin the mammoth portfolio of THQ Nor??dic.

38 ?Studios staff receiving final payche?ck nine years after closure [GamesIndustry.biz]

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Nintendo going back for Round 2

Nintendo is taking further legal action against Switch ROM-selling website RomUniverse, with whom the publisher previously filed suit in 2019, in th??e case that saw the site's owner ordered to pay Nintendo $2.1 million in damages.

As reported by Pocket Gamer, Nintendo has filed a new request for a permanent injunction, after RomUniverse owner Matthew Storman allegedly missed their first monthly payment of $50. Nintendo sees Storman'??s failure to meet the payment as a sign of the defendant's disregard for the court's orders. Furthermore, Nintendo believes that Storman intends to relaunch RomUniverse, and is thus seeking a permanent injunction against the site and its owner.

"This failure to make even the modest $50/month payment, an amount that he proposed and agreed to, demonstrates that Nintendo has no adequate remedy at law for Defendant's past or future infringement and underscores the need for a permanent injunction," reads Nintendo's new filing, also noting "[The] Defendant's threat to continue to operate RomUniverse to distribute videogame ROMs, using ??the same website he ??used for the past several years to mass-infringe Nintendo's copyright and trademark rights, necessitates the entry of an injunction."

Back in May, presiding Judge Mars??hall ordered the closure of RomUniverse, ordering Storman pay Nintendo trademark damages of $400,000 USD, as well as $35,000 for each Ni?ntendo product listed on the website, for a total of $2.1 million.

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Booker T defeated in Call of Duty legal rumble

And so, yet another Call of Duty lawsuit comes to a clo?se, as a Texas courtroom finds favor with publisher Activision in a long-running likeness lawsuit with WWE star Robert "Booker T" Huffman.

The case, which was filed way back in February of 2019, concerns the Call of Duty: Black Ops 4 character David "Prophet" Wil?kes, whom Huffman argued was directly influenced by "G.I. Bro," a wrestling persona Huffman portrayed in the early stages of his career, (as well as in his latter WCW days). While the character of Prophet bore little resemblance to Huffman's G.I. Bro portrayal, it did feature arguable similarities to a later artist's impression of the wrestler that featured on a poster, used to promote a comic book featuring Huffman's G.I. Bro character.

Huffman's lawyer, Micah Dortch, argued that there was "no question" that Activision had copied the G.I. Bro interpretation, citing the hairstyle, body type, clothing, and "facial expressions" as a direct pull. Activision argued that Huffman did not own "the idea of an angry man with a scowling look." Crucially, Activision argued that the G.I. Bro poster in question had itself been modeled on another wrestler, Dwayne "The Rock" Johnson, and was thus non-copy writeable. Eventually, a jury found in favor of Activision, bringing an end to the two-year-long case.

This is not the only lawsuit Activision has faced in 2021 in regards to Call of Duty's cast of gun-toting characters. Back in February, photographer and writer Clayton Haugen filed suit against Activision, claiming that the popular Modern Warfare operator "Mara" was a direct copy of "Cade Janus," a fictional character Haugen had created for a short story. Mara is portrayed in Call of Duty by model and strea??mer Alex Zedra, who also modeled for Haugen in photographs taken to promote the writer's story.

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Captive Audience

It's been at least a few hours since the last one started, so it's time for another industry lawsuit. In the dock this time is Sony Interactiv?e Entertainment, which is facing a class-action lawsuit over the exclusivity of digital software as it pertains to its online storefront, PlayStation Store.

As reported by Bloomberg, the consumer-led lawsuit accuses SIE own maintaining a monopoly over the price of digital games, given that the PlayStation Store is the only place said titles are available. While? Sony previously allowed digital game codes to be sold over-the-counter in high street stores — as well as other third-party retailers — this practice was halted two years ago, making the PS Store the only place in town to officially acquire digital games for PlayStation platforms.

"Sony's monopoly allows it to charge supracompetitive prices for digital PlayStation games," reads a section of the suit filing. "[the digital games] are significantly higher than the??ir physical counterparts sold in a competitive retail market, and significantly higher than they would be in a competitive retail market for digital games."

The suit references examples of online customers being charged up to 175% more for purchasing a game via PlayStation Store than it would purchasing the same?? title in a hypothetical third-party-retailer environment. The case is se??t to be heard presently at the U.S. District Court in San Francisco, California.

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Hundreds of Fortnite players dial-in to vent their thoughts

The opening moments of the Epic vs. Apple antitrust suit were rendered amusingly farcical yesterday, after a public conference call failed to mute all of its listeners, leading to a chorus of Fortnite players d?ialling-in to sound off about t??he restrictions placed on their favorite battle royale title.

The conference call — implemented in many courtrooms — allows members of the public to log on and listen to proceedings live as they take place. But, as reported by The Verge, the court failed to mute all of yesterday's listeners, leading to over 200 participants simultaneously caterwauling that Fortnite rema?ins unavailable on iPhone and iPad. Some listeners reportedly made the most of the opportunity, taking time out to advertise their YouTube and Twitch channels. You gotta hustle, I guess...

After about 15 minutes of technical fiddling, the line went silent. The case finally opened at Oakland Federal Court, San Francisco at 11:30 ET. The proceedings will run from Monday to Thursday and are expected to last for the majority of May. After just one day, information has already been made public regarding Fortnite's earnings, potential DLC plans, and the cost of running PC platform Epic Games Store. Unsurprisingly, the monetary numbers pertaining to all o??f the above push well into the billions.

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Batman: Arkham Knight was an early bar-raiser

As the "Epic vs. Apple" kaiju-esque courtroom battle gets underway?, more and more tid??bits are being uncovered regarding what goes on Behind the Curtain at the industry giants. Presented for your consideration: a document that reveals has much money Epic doled out in order to secure titles for Epic Games Store's free game giveaways.

The document, released to Twitter by Game'sDiscoverCo.'s Simon Carless, paints an interesting picture of the dollar amounts certain titles cost over others. For example, old-school indie adventure Torchlight cost Epic $150,000 USD to procure for giveaway status, while Unknown World's Subnautica cost a princely $1.4 million. Ubisoft's multiplayer battler For Honor was a bargain at $63,000, while the most expensive title on the list is Rocksteady's epic Batman: Arkham Knight, which sold for $1.5 million.

As the list specifically concerns 2019's giveaways, Rockstar's Grand Theft Auto V — a game so in-demand it crashed the Epic Games Store's servers back in the sum?mer of 2020  — is no?t noted.

Overall, Epic spent just shy of $12 million in the first nine months of its free games scheme. A fortune to the majority of us, but loose ?change for the Fortnite studio. Epic Games Store continues to operate at a loss, and is unlikely to turn a profit for several years more. But Epic boss Tim Sweeney is fully aware of the costs, and sees the tossed fortunes as a mere "investment" in the company's long-term futur??e.

The Epic vs. Apple antitrust trial continues... I'm reminded of the Alien vs. Predator tag-line.

Want to know how much $ the devs of those 'free' Epic Games Store games got, & how many copies were grabbed? Here's the first 9 months to September 2019. 👀 pic.twitter.com/5hkLb1VEjj

— Simon Carless (@simoncarless) May 3, 2021

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Trademarks blocked by similarly named mobile game

Activision is once again in a legal tangle over matters concerning its billion-dollar shooter, Call of Duty. This latest courtroom soiree revolves around the publisher's use of the word "Warzone" in the title of its uber-successful battle royale release Call of Duty: Warzone.

The problem began back in June 2020, when Activision filed trademarks with the U.S. patent office for "Warzone" and "Call of Duty: Warzone" as applied to its free-to-play shooter. As reported by PC Gamer, Warzone - a tabletop-style strategy title that has been using the name since 2017 - has continuously blocked these trademarks. Warzone's holding company, Warzone.com, propose?s that allowing Activision to secure the word "Warzone" will hinder the former's efforts to effectively m??arket its wares.

Activision has denied Warzone.com's claim that the trademark would cause "consumer confusion," calling the potential mix-up "inconceivable." Activision notes that both Warzone and Call of Duty: Warzone are entirely different game?s in entirely different genres. Activision also states that the word "Warzone" is featured in the titles of at least 15 other mobile g?ames, asking why Warzone.com has not taken the same fight up with any of these other, similarly named releases.

Activision was supposed to complete its trademark process in December of 2020 but has received numerous extensions in order to tackle this dispute. Last week, Activision filed a new suit in efforts to bring the situation to a ??close, requesting that the U.S. patent office be allowed to complete Activis??ion's trademark applications, while demanding Warzone.com recoup Activision's "reasonable" legal costs.

Warzone.

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Accused studio releases statement to 'set the record straight'

Quantic Dream has successfully appealed against a 2018 ruling in which a former developer sued the studio for unfair dismissal. As ruled by the Paris Court of Appeals, the former employ??ee's accusations have been dismissed. Furthermore, they are now responsible for paying "substantial damages" to Quantic Dream, reportedly in the region of €10,000 (ro?ughly $12,000 USD).

The initial case went to court amidst a slew of articles in the French press, exposing alleged toxic behavior, "bro culture", sexism, and homophobia within the Heavy Rain studio's walls. Specifically noted was the distribution of Photoshopped imagery that presented studio staff members merged with celebrities, engaged in sexualized situations, or dressed in Nazi regalia. The Court of Appeals, however, ruled that none of the images involving this specific plaintiff could be considere??d homophobic, racist, or degrading toward them.

Furthermore, the court ruled that the plaintiff not only knew about the images as far back as 2015, but that they only complained once another employee put forward their own report about it. The court ruled that this late action showed a degree of "tacit acceptance" from the plaintiff of the images' existence. It should be reiterated that the court isn't saying the images didn't exist, nor that the plaintiff wasn't featured in th??em, but that the court doesn't believe the plaintiff should be able to claim that their u?nfair dismissal can be directly related to the images' existence... Press X to side-eye.

Following the appeal, Quantic Dream released a new statement denying the existence of any "toxic cu??lture" whatsoever at the studio. The statement references multiple suits filed by employees against the studio, as well as its own in-house investigative survey, while stating? that the Paris Court of Appeals' rulings further invalidates the 2018 press reports into Quantic Dream's working environment.

"Quantic Dream reaffirms once again the values that the studio has always defended in its games and within the c??ompany, which are values of humanism, inclusiveness, and the right for individuals to express themselves uniquely. We will continue to defend them with the same passion and determination as always. Quantic Dream remains firmly committed to continuing to work with its employees to create a serene work environment conducive to the professional and personal development and fulfillment of everyone."

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No objections raised in industry-shaking acquisition

Microsoft is now one step closer to completing its acquisition of ZeniMax Media, having sought and received approval from both the European Commission and the U.S. Securities & Exchanges Commission (SEC) both of whom offered no opposition to the multi-billion dollar deal?? from taking plac?e.

By law, Microsoft was obliged to seek approval from the statutory bodies on the basis of Antitrust - essentially global la??ws that are in place in order to supervise and prevent the formation of monopolies within a given industry. This is a common legal procedure in transactions of this nature, and was also sought by Tencent during the conglo?merate's acquisition of mobile giant King in 2016.

Having received approval from both the EU Commission and the SEC, Microsoft is now expected to press forward with the $7.5 bi??llion transaction, which is expected to see completion in late-2021. The deal gives Microsoft ownership of ZeniMax Media and its subsidiary studios and licenses, including those of video game publisher Bethesda Softworks.

Bethesda and Microsoft have previously assured video game fans that the new deal does not automatically designate all future Bethesda releases as Xbox/PC exclusives, suggesting that title exclusivity will be designated on a "case-by-case" basis. Bethesda's next release, Deathloop, will retain its initial PlayStation ex??clusivity despite the Micros?oft purchase.

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Go ask your father

Without a shadow of a doubt, one of the biggest stories in the gaming industry last year was Microsoft's acquisition of ZeniMax Media, which saw the former?? dole out a staggering $7.5 billion for the umbrella group and its su??bsidiary companies, including publisher Bethesda Softworks.

But despite the initial sale declaration made back in September 2020, Microsoft still has to settle several matters of red tape before the purchase can be completed, the latest of which sees Microsoft appealing to the European Union for its approval of the industry-sh?aking transaction.

The regulators of the EU must investigate Microsoft's purchase regarding matters of Antitrust - essentially checking to make sure that the purchase does not break any of the EU's laws designed to prevent the formation of monopo?lies. This is a standard stage of legality in mergers of this nature, and was also applied to Tencent's 2016 purchase of mobile developer King, as well ??as the 2008 merger that spawned the company we know today as Activision Blizzard.

Shortly after the purchase was announced, Microsoft officials were quick to note that the deal did not necessarily mean future Bethesda products would be Xbox exclusive, noting that game platforms would be decided on a "case-by-case" basis. In fact, out of the gate, Sony will retain its PlayStation exclusivity deal on Bethesda's Deathloop and Ghostwire: Tokyo.

The EU has until March 5 to complete its investigations and come to a decision, but it remains ?likely that the commission will offer Microsoft its approval of the ZeniMax purchase, which will then enter its completion stages later in 2021.

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'We can't in good conscience continue to enable to use of this image'

[Update: Taking the lead from a suggestion by Sean Plott, Twitch has announced that, effective immediately, it will be switching out the "PogChamp" face for one taken from a database of faces, substituting a new image into the ro??le every 24 hours. This motion will now see the famous emote represented by many of the streamers and audien??ce members who make up the Twitch community.]

Original Article:

Twitch has pulled one of the most frequently used, community-established emotes from its chat services following comments yesterday from Ryan "Gootecks" Gutierrez, whose fa??ce is represented in said emote.

A recognized personality within the fighting game community, Gutierrez is a Street Fighter player, host, and commentator, as well as the co-founder of video network Cross Counter TV. The "PogChamp" emote – an image of Gutierrez taken from a 2010 Cross Counter TV outtake – has for many years been used in Twitch ch?at by viewers to express surprise or hype.

Following yesterday's violence in Washington D.C., which saw pro-Trump rioters storm Capitol Hill in efforts?? to delay, disrupt, and/or overturn the results of November's presidential election, Gutierrez made comments on Twitter concerning the shooting of a woman at the scene, one of f?ive people - including a Captiol Police officer - who died as a result of the chaos.

"Will there be civil unrest for the woman who was executed inside the Capitol today or will the #MAGAMartyr die in vain?" tweeted Gutierrez, before posting video of t??he fatal shooting, alongside suggest??ions that Twitter was trying to censor him from doing so.

Not long after Gutierrez' comments, several Twitch streamers stated that they were banning use of the PogChamp emote from their own streams going forward, wit?h Twitch itself eventually announcing that the emote would be removed entirely from its chat service.

"We've made the decision to remove the PogChamp emote following statements from the face of the emote encouraging further violence after what took place in the Capitol today," said the streaming service on Twitter. "We want the sentiment and use of Pog to live on – its meaning is much bigger than the person depicted or image itself – and it has a big place in Twitch culture. However, we can't in good conscience continue to enable use of the image. We will work with the community to design a new emote for the most hype moments on Twitch."

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