I know. I thought it was frivolous, too. A manifestation in the worst vector of over-zealous fanboism. Some small group of, seemingly, unknown gamers from California, New Mexico, and New Jersey, have re-filed their contention over Microsoft’s efforts to acquire Activision (sorry; “merger” is too courteous a term). While the original case was dismissed in March 2023, on a basis that I am very familiar with, the industrious group and their retained legal counsel, have gone back to grind-stone, seemingly correcting the original errors of their ways. I say a basis I am familiar with, as the judge’s decision and my opinion tread similar ground. I find that that those lodging that the merger is “good” for competition, good for the industry, and good for all gamers, typically make those claims as an assertion. They do not provide historical proof, factually-based models of predictive outcomes, or cite rationale other than “makes CoD cheap lots of places”. The judge felt that these assertions to the contrary also failed to provide sufficiently substantiated basis, and did not meet the measure of a private citizen anti-trust suit, and neither do I.
The MSFT-ATVI merger and acquisition has proven to be one of the biggest get-rich (or at least get-followers) quick schemes in the past decade of social media. It is the most on-fire continuing story amongst the YouTube-Twitter circle-jerk. It makes the rounds weekly, even when there is not any actually tangible, real news. Accounts have been re-branded, from their normal diatribe of console-war trash talk, to amazingly eloquent legal prose (proof that they have someone else writing their posts for them). While often inaccurate, unstudied, and lacking in foundational research, these accounts have flourished. Making more cake than ever before; capitalizing on the sensationalism and the controversy. There are more ambulance-chaser legal accounts on this gaming topic than I recall ever seeing. In fact, so much so that that slice of Gamer Twitter is no longer the niche that it once was. It’s common. Additionally, many gamers have submitted commentary to the regulatory agencies that have invited comments. And then promptly raced to Twitter to inform the world of their contribution. I give those accounts the side-eye.
And so, what does that leave to be said in a positive light about the Gamer’s Lawsuit? Isn’t it just the same sort of tripe? I actually think it is fairly interesting that the team has gone back in for a re-attack. The notion that they were unwilling to merely be swept aside and dismissed in irrelevance shows a degree of stick-to-it-iveness that I was not expecting. Even more so, the appearance that this group does not seem to be making the rounds on social media, stumping for clout based on a holier-than-thou arrogance that they alone have marshalled their resources to be the saviors of gaming, may be even more of an acclaim.
I might question the ability of their lawyer, given the original misstep in filing. And maybe there will be no traction gained in this second bid. But it ain’t cheap. And I have to have some respect for people quietly doing the work. And not trying to make themselves famous off of it.
Yet.
Rounding Off Infinity 