Sony Class-Action Lawsuit Revealed Over PlayStation Store Exclusivity
Written by Liana Ruppert 
Sony is facing a class-action lawsuit over PlayStation exclusivity through its digital storefront. The claims against Sony Interactive Entertainment are alleging that Sony is operating under a monopoly in the digital space regarding download codes for games through third-party retailers.
In a new report by Bloomberg, the class-action lawsuit centers around third-party digital sales through the PlayStation digital storefront, making the selling process by Sony Interactive Entertainment in direct opposition to antitrust laws, effectively making it a monopoly. According to the lawsuit, consumers cite Sony's restriction of third-party retailers from selling digital download codes for PlayStation games starting back in 2019. This includes popular retailers like Best Buy and Amazon. This move has put the PlayStation Store at the epicenter of digital-only purchases, which has caused legal action to be put in motion by consumers.
According to the proposed class-action lawsuit, "Sony's monopoly allows it to charge supracompetitive prices for digital PlayStation games, which are significantly higher than their physical counterparts sold in a competitive real market, and significantly higher than they would be in a competitive retail market for digital games."
The lawsuit goes on to claim, according to Bloomberg, that there is up to a 175% increase for downloadable digital games over their physical counterparts.
It's important to remember that at this time, this is a class-action lawsuit. What does that mean? It means that it's very possible that it doesn't move past its current state, many class-action lawsuits don't see a successful, intended resolution. At this time, Sony's response will dictate what happens next. This monopoly accusation is occurring concurrently with the Epic Games vs. Apple lawsuit where Epic is also claiming Apple is working under a monopoly, violating antitrust laws that protect consumers from predatory monetary practices. You can learn more about that here.
As noted by the site, the case is filed under Caccuri v. Sony Interactive Entertainment LLC, 3:21-cv-03361, U.S. District Court, Northern District of California.
What do you think about the proposed lawsuit regarding Sony and third-party retailers? Do you think this will impact the PlayStation camp? Sound off with your thoughts in the comments below.
Epic Games vs. Apple Court Recap Going Into Day Four
Written by Liana Ruppert 
Back in August 2020, Epic Games ignited the fires for a legal battle that would be one for the edges. When Epic Games circumvented iOS storefront policies for in-app purchases by sneaking in a hotfix that cuts out Apple's 30% fee and allows players to purchase directly from Epic instead, the tech giant responded by immediately delisting Fortnite from its storefront. The company also revoked access to developer accounts through Apple, though that has later been reinstated by the court. Epic responded with a 1984-inspired Free Fortnite campaign, which evolved in a document-off between the two corporations. The trial officially kicked off on May 3, 2021. This is the recap of what's happened so far as we go into day four of the Epic Games vs. Apple lawsuit.
Epic Games vs. Apple lawsuit recap
The gaming industry is known for its secrets: embargoes, first-party deals, rights to certain crossovers. The court presiding over this case wasn't quite prepared for how much those secrets are to be protected, resulting in a lot of private information suddenly being made public. Before continuing on, check out our previous coverage here for the first two days:
- Fans call into the Epic Games vs. Apple phone line, demanding Fortnite be restored and blasting Travis Scott songs
- The road leading up to the Epic Games vs. Apple lawsuit
- New Fortnite skins revealed, including Lady Gaga, Naruto, Lebron James, Metroid, and more
The proceedings have also revealed what Epic Games Store pays in order to have free games offered each month, with CEO Tim Sweeney citing that the company has yet to turn a profit from its storefront. In court documentation, it was revealed that Epic Games has paid out over $11.6 million between December 2018 and September 2019 to offer free games to users.
When Sweeney took to the stand, he confessed to the court that Epic is expected to see a loss amounting to over $719 million by 2027 with an estimated earnings of just over $5 million in that same year. To show the status of profit regarding Epic Games, Apple is building its case that a 12% commission that Epic has over the 30% that Apple asks for is not sustainable.
“If I’m trying to bring a new user to the Epic Game Store through Google or Facebook advertising, it costs about $5 per user,” Sweeney said, as documented by The Washington Post. “And it sucks because when Facebook sells an ad on a creator’s, on someone’s Facebook page, Facebook gets all the money and the creator gets nothing.”
Are all gaming consoles operating under a monopoly?
Microsoft also came into the equation when the question was posed as to whether or not the iPhone is more likened to an Xbox or a PC, effectively pivoting to the conversation as to whether or not all big gaming consoles are also in violation of antitrust laws if that's the case against Apple. Apple's defense went on the offense against the gaming community, citing that if Epic should win this legal battle, that would bode ill for other gaming companies as well, including Xbox and Valve. The latter is already under legal scrutiny by Humble Games, and Sony Interactive Entertainment is also being hit with its own lawsuit regarding digital restrictions. You can learn more about this defense strategy here.
PlayStation exclusivity
PlayStation also previously came under fire when details about how resistant Sony was to crossplay for Fortnite came to light, showing that the company saw no value in allowing players to team up regardless of platform.
Fortnite revenue
The Epic Games defense cited that fortnite has made over $9 billion in revenue in the game's first two years with over 400 million registered users to this date. This is also a part of Apple's defense as well, citing that Fortnite's popularity in this space has not been dimmed by its restriction from the iOS and Google Play storefronts.
Who?
In a sort of comedic turn, a 2015 email revealed that Apple CEO Tim Cook had no idea who Epic's Tim Sweeney was when the former forwarded an email from the latter saying, "Is this the guy that was at one of our rehearsals?" Some think that this was a deliberate belittlment of Sweeney given that he, and Epic, have been closely tied to Apple by this point via various launch events.
Apple vs. Netflix
A court document reveals that Apple tried to dissuade Netflix from halting the App Store's in-app payment system. It was at that time that Netflix ceased offering subscription options through its app, instead offering a direct line of purchase (much like Epic Games did), bypassing Apple's 30% cut.
Xbox isn't opposed to sharing
More court documentation shows emails between Sweeney and Xbox's Phil Spencer in 2020, showing that Xbox isn't opposed to bringing its services over onto Nintendo and PlayStation ecosystems. This includes the ever-growing xCloud gaming from Xbox, which aims to allow players to play their favorite games flawlessly on iOS and Android devices, as well as PC, through Cloud streaming. The email shows that Xbox isn't adverse to bringing this service over onto PlayStation and Nintendo systems to make gaming more accessible to everyone.
Previous talks also included removing the subscription requirement to play games online on Xbox, which has since been removed, making it free for players to play with friends concerning online games.
There is more happening as the trial continues today. To listen in for yourself right alongside us, you can learn how to do just that here.
New Returnal Update Addresses Save Corruption Issues From Previous Patch
Written by Liana Ruppert 
Yesterday, a new update was pushed through and quickly taken back down for Returnal when it was revealed that the patch was corrupting player saves. Given the nature of Returnal saves in itself, this update upset a lot of players, especially regarding the game's notorious difficulty. Now, a new update is live for Returnal that reverts it to a previous build pre-corruption while also addressing known issues like Trophies and the keyboard cheats exploit.
Returnal update 1.3.4
Patch 1.3.4 allows for all save games to be safe to play once more. The studio also outlined steps that players can take that were hit with the corrupt data issue:
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Some game saves will have become corrupted with Patch 1.3.3, but maintained their file size. Players with those save games are able to safely continue their progress after installing Patch 1.3.4, without the need for using a backed-up save game.
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Unfortunately other save games will have been effectively "deleted" by Patch 1.3.3, with their file size reducing to 0KB. These save games are not directly salvageable by Patch 1.3.4, without a backup save game available.
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In those cases, please try using a backed-up save from PS+ if available, after installing Patch 1.3.4. With an intact save game from PS+, players can safely restore and continue playing with Patch 1.3.4 installed.
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Depending on the console settings, the cloud save may have been overwritten by the "deleted" save game noted above. If this is the case, progress will remain unsalvageable, even with Patch 1.3.4.
The latest issue also patched out a keyboard exploit that allowed players to implement cheat codes when playing on PlayStation 5. No more god mode, sorry.
The known Trophies issue has also been addressed, so players should be able to see the Trophies they earn as normal.
The last update also promises that update 1.3.5 will be dropping soon with more fixes, so stay tuned.
To learn more about Returnal, you can check out our full review right here. If you're on the fence about that $70 price tag, our own Dan Tack has an excellent deep dive into the game's worth here.
What are your thoughts on the latest update for Returnal? Have you run into any issues with your time in-game? Sound off with your thoughts in the comment section below!
[Source: Housemarque]
Valve Is Being Sued Over Steam Monopoly Accusations
Written by Liana Ruppert 
The Epic Games vs. Apple lawsuit is impacting the gaming industry dramatically as the topic of what constitutes as a monopoly comes center stage. Earlier this morning, we shared how Sony is being sued over PlayStation Store exclusivity, and now Valve is being sued for the same regarding Steam.
The Epic Games vs. Apple lawsuit's epicenter is antitrust violations. Antitrust laws are in place to protect consumers from companies owning a monopoly over their given market, as well as protection against predatory financial practices. The court proceedings have the interest of the entire gaming community, and now Valve is the latest to get swept into the bigger conversation about its placement in the gaming "hierarchy."
As reported by Ars Technica, “Valve abuses its market power to ensure game publishers have no choice but to sell most of their games through the Steam Store, where they are subject to Valve’s 30 percent toll,” said indie game developer and Humble Bundle creator Wolfire Games, in the lawsuit against Valve.
The suit cites that Valve controls 75 percent of the PC gaming market, a point that Epic Games itself has driven home with its reduced sales cut on its own storefront to try to get Valve to do the same. Xbox has also recently cut its percentage to match that of Epic Games, putting more pressure on Valve to be more developer-friendly in terms of the cut taken from sales through its storefront.
Valve has been in a negative spotlight many times throughout the years, especially regarding the space it has nestled for itself. Steam storefront exclusivity, its 30% cut, and competition control through price points have all been points of contention and reasons behind its continued top spot placement regarding the PC market. With Humble Bundle also being a storefront with charity as its core focus, the lawsuit puts its hardships on the line, including how publishers have been scared to be included in bundle events because of Valve retaliation.
What happens next remains to be seen, but it's clear that the Epic Games vs. Apple lawsuit will continue having a massive impact on the industry as we know it.
What are your thoughts on the latest lawsuit regarding gaming monopolies? Do you forsee any other implications from the ongoing Epic Games vs. Apple lawsuit? Weigh in with your hot takes in the comment section below.