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Stephen Totilo
@stephentotilo
Covering video games for Axios. Co-author of Axios Gaming newsletter (sign up for it here: axios.com/signup/gaming). Former EiC. DM for Signal. he/him
Brooklyn, NYaxios.comJoined April 2009

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Recently released game Grim Guardians to be taken off sale due to trademark complaint, to return as Gal Guardians Shades of DoubleFine's 2011 game Trenched getting renamed Iron Brigade. Doesn't happen often...
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[Important Announcement] INTI CREATES is changing the title of "Grim Guardians: Demon Purge" to "Gal Guardians: Demon Purge." During the transition, the game may become unavailable on some storefronts. We apologize for the inconvenience.
INTI CREATES has announced that the title of their recently released 2D action platformer, “Grim Guardians: Demon Purge,” will change its English title to “Gal Guardians: Demon Purge.” The change will be rolling out across all platforms in the coming weeks, including the Nintendo eShop, Microsoft Store on Xbox Series S|X, PlayStation Store on PlayStation 4 and 5, and Steam.
This change comes after INTI CREATES received a complaint regarding the title of "Grim Guardians: Demon Purge" from the owners of the trademark "GRIMGUARD.” 
INTI CREATES is currently taking steps to change the title on all storefronts. Due to this, “Gal Guardians: Demon Purge” may be temporarily unavailable for purchase in some regions while undergoing this change. INTI CREATES offers sincere apologies to any customers who are affected as they strive to complete the name change as soon as possible and restore the game to sale across all platforms and regions.
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Google's Jack Buser told me: "We are not offering that streaming option, because it was tied to Stadia itself. So, unfortunately, when we decided to not move forward with Stadia, that sort of [business-to-business] offering could no longer be offered as well."
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Activision doesn't outright say that Warzone Mobile will displace CoD: Mobile, but Microsoft sure does in today's reply to the UK's competition regulator
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Wonder what footnote 11 said about 10 years on Nintendo platformS... From Microsoft's response to the UK competition regulator's provisional findings about the Activision deal
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Broke my own thread when I tried to fix it yesterday. Probably blame me, but it’s more fun to blame Twitter Anyway, if you’re reacting to this, please expand replies and read to the end first.
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Last week, a Microsoft lawyer said the company currently plans for two upcoming ZeniMax games to be Xbox/PC-exclusive (no PlayStation). But in December, Microsoft lawyers said "three future titles" from ZeniMax would go Xbox/PC-only Some thoughts about what this indicates:
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" Future ZeniMax titles not yet available for any platform would be treated on a case-by-case basis, and Microsoft has decided to keep two future releases exclusive to compete with Sony’s catalog of well-established exclusive gam"
"Xbox anticipates that three future titles—
all of which are designed to be played primarily alone or in small groups—will be exclusive to
Xbox and PCs."
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...which is why I assumed that ESVI was one of the three games Microsoft cited in December. But if Hi-Fi Rush was one... then either Redfall, Starfield, or ESVI hasn't been internally designated as an Xbox/PC exclusive yet? Microsoft declined to clear this one up for me, alas
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Back on Halloween, they sent the UK's skeptical competition regulator 111 pages of argument for the deal, including a section that seemed to make the case that hypothetically (?) taking Elder Scrolls VI exclusive wouldn't contradict its pledge to keep Call of Duty multi-platform
"Titles such as Elder Scrolls VI (which is not expected to be released
before [] with the last instalment in the series being released in 2011),
as well as other future titles, will not involve Microsoft forgoing ca. USD
[] per annum of revenue from PlayStation customers or
disenfranchising ca. [] million MAU on PlayStation. "
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Microsoft's got wiggle room on this in terms of what count as a finalized platform decision, I guess. Its lawyers and execs keep saying they never pulled a planned cross-platform ZeniMax game from PlayStation. And have said future exclusivity calls will be made case-by-case
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The simplest explanation is that one of the three games cited in December (and redacted from public view) was the then-yet-unannounced Hi-Fi Rush It was surprise-released in January from ZeniMax's Tango Gameworks, for PC and Xbox
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The claims were made in different cases related to the attempted purchase of Activision. The March count comes from MS' attempt to fend off a preliminary injunction against the deal in a federal lawsuit (the so-called gamer suit) The December one is in MS' response to the FTC
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Last week, a Microsoft lawyer said the company currently plans for two upcoming ZeniMax games to be Xbox/PC-exclusive (no PlayStation). But in December, Microsoft lawyers said "three future titles" from ZeniMax would go Xbox/PC-only Some thoughts about what this indicates:
" Future ZeniMax titles not yet available for any platform would be treated on a case-by-case basis, and Microsoft has decided to keep two future releases exclusive to compete with Sony’s catalog of well-established exclusive gam"
"Xbox anticipates that three future titles—
all of which are designed to be played primarily alone or in small groups—will be exclusive to
Xbox and PCs."
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Company estimates revenue for $1 Rovio Classics: Angry Birds was about $1,000,000, a modest success, but not evidence people preferred it to free-to-play Angry Birds Rather, Rovio says RC:AB dominated "Angry Birds" search results, hiding free games without drawing enough players
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One of the UK's main arguments against the deal is that Microsoft would have financial incentives to make Call of Duty Xbox/PC-only, regardless of Microsoft's promises not to And the UK backed that up with its own survey As you'll see in the story: two surveys, two results
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One more data point:
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Happy #PokemonDay! Pokémon is one of the biggest franchises in gaming, but did you know that once Nintendo closes the 3DS and Wii U eShops next month, 74% of all Pokémon games released in the US will be commercially unavailable in any form? It's true!
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A pie chart showing that 41% of Pokemon games are unavailable, 33% will be removed soon, 25% are available, and 1% will be available soon. This pie chart counts 89 games released in North America. The list of games was taken via Bulbapedia.
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Nintendo may one day fill its Switch classics section with as many GB/GBA games as WiiU /3DS are losing They announced another GBA game (Metroid Fusion) for Switch last night, after we ran this chart But the system is 6. They're just getting to Game Boy, haven't touched DS
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*My 3DS count for NES/SNES is likely low due to a quirk in easily confirming via the system's eshop. 3DS' Virtual Console section fails to list GB games added prior to March 2013. Shows just 45 of 81
Image of the 3DS eshop's Virtual Console icon
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The Wii U eshop is also losing the ability to purchase: - 94 NES games - 51 SNES games - 21 N64 games - 31 Nintendo DS games The 3DS shop will lose at least*: - 42 NES games - 23 SNES games Switch currently offers: - 64 NES games - 62 SNES games - 22 N64 games - 0 DS games
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Most important feature for me in Wo Long: Fallen Dynasty: You can pause the game. I've steered clear of most Souls-style games because the lack of being able to pause doesn't mesh well with being a parent. WL:FD is tough but fun, very much Nioh 3
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The industry's main lobbying group in DC, the ESA, is frustrated with this response, says game publishers are responsible stewards Below my piece, you can read summaries of what 14 game companies, including Roblox, Activision, Xbox, PlayStation and Innersloth told DC lawmakers
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It wasn't something I covered in my last piece, but the difference between 14% and 8% is well worth some scrutiny, too.
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- Nearly 14% of Americans are Black - 8% of American gamers are Black - For years, just 2% of game developers were Black, though there's been an uptick to 5% in North America "We're worse than the mining industry," @BlackinGaming's Carl Varnado tells me axios.com/2023/02/28/vid
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I've been covering the lack of Black people in game dev since 2008 or so. It's a chronic problem that impacts who gets a chance, how people who make it in are treated and even what we get to play Credit to everyone who covers this topic. Important always, not just in February
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Current gains are based on a low starting point. At Riot, for example, 2.2% of its U.S. workforce was Black in 2019, up to 3.1% in 2021. Take Two reports 5% of its U.S. workers are Black, but the stats fall when looking at leadership roles (not just at TT)
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Video game companies have recently started reporting data about the diversity of their workforce. As my reporting for this piece shows, there have been slight gains in recent years for Black devs. Many reasons why and many reasons to be concerned that such progress is fragile
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Notable that the arbitrator's formulation for damages wasn't based on the amount of money AimJunkies made, but on the grounds that the cheats amounted to copyright violations. Sell 1,316 cheats. Multiply by the DMCA's max penalty. For example, from the arbitrator's ruling:
From arbitrator's ruling:

As with respondents' direct circumvention of Bungie's technological measures, Bungie is entitled under the DMCA's antitrafficking provision to statutory damages of up to $2,500 per violation. For the trafficking of a device that circumvents technological measures, respondents are liable for statutory damages of up to $2,500 for each of the at least 1,316 copies of the cheats sold, as well as for each copy of respondents' cheat loader used with the Cheat Software (which directly correlates to sales of the Cheat Software).6 Given respondents' egregious and willful conduct, including their ongoing concealment of sales, Bungie is entitled to the full statutory damages available. Respondents have failed to present any evidence to the contrary. Here, the damages calculation for violation of§§ 1202(a)(2) and (b)(1) is: $2,500.00 x 1,361 violations= $3,402,500.00
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