I don’t know whether valve has violated anti-trust law or not, and I certainly don’t think gaben deserves any more protection from covid than the general public but;
this is a stupid ruling. Why on earth can’t he appear remotely, as he requested? They can’t “adequately assess his credibility”? Are they gonna have an FBI body language expert on hand? Check his forehead for sweat droplets? There’s nothing they can ask him in person that they can’t ask him over a camera.
Feels like the plaintiffs are doing some kind of lowkey spite thing here, and I’m surprised the judge played along.
You’re going to need a lot more than just I’m afraid of covid to get out of being in person for a trial. People with actual fears of being killed for testimony, still appear in person. At this point with vaccines making any serious complications nearly impossible for covid, it’s a really desperate attempt to avoid attending.
I was a juror last year for a civil case, half the witnesses were cross examined over zoom before the days of the trial and played back for us. The judge made it explicitly clear that we were to take remote testimony the same as any others done in person
This isn’t a criminal trial with Gabe Newell as the defendant, it’s a civil trial against the company Valve.
Because you would expect the people in charge of the company to answer questions regarding the actions of the company.
If you were driving your truck and crashed into a traffic light, and it was caught on camera, you would be expected to answer questions about that. Even if you weren’t driving, as the registered owner you’re still going to be asked about it, or at the very least to identify who was driving.
Gabe isn’t just a tertiary witness, he has direct responsibility. Not that I think he’s done anything wrong here, I’m just saying it makes sense to have him answer questions live in court, rather than give a pre-recorded interview. Doing it live but remote invites other issues, such as poor connection quality, which would rather be avoided unless absolutely necessary.
Another thing with the trial I was a jury member on was the plaintiff themselves were not always present, most days it was just their lawyer and paralegal. The judge reminded us each day that we can’t hold their physical presence or lack thereof for or against them.
I’m no lawyer, but if neither the plaintiff nor the witnesses needed to be physically present I don’t see how they can justify forcing Gabe Newell to be. Despite being CEO he’s still not the defendant.
I mean he is pretty close to being the defendant, up to the limited liability of the company he owns and operates.
It’s also a fact that different courts, and even different judges, may treat things differently. I have no idea how Seattle handles things, but I reckon this is in line with other cases they’ve heard.
Having everyone in court wear masks absolutely does help protect him. However, what would protect everyone better is proper ventilation systems - but that would cost businesses money, rather than passing the cost and responsibility onto individuals.
Leaving the mask on the entire time is the only way it works. If everyone is taking it off to talk, they’re gonna be spreading shit around every time they talk. What state is this court in? Texas?
Everyone leaving their mask on the entire time is the most effective way it works. The judge is seeking a compromise, presumably with the intent of being able to clearly hear him speak and see his facial expressions. I don’t think anyone else will be taking their masks off, not even the lawyer asking him questions, so in that regard Gabe will still be somewhat protected.
Like I say though there are far more effective measures involving good ventillation. If you spend a long enough time in a sealed room with someone infected, even the mask won’t be enough protection, but if there is good ventillation then you won’t be breathing in anywhere near as much of other peoples’ germs.
Accordingly, Mr. Newell is ORDERED to attend the deposition in person as noticed. (See Dkt. No. 165-2.) In hopes of alleviating Mr. Newell’s health concerns, the Court mandates the following additional health measures: all participants (including questioning counsel) must wear a tightly fitting certified N95, KF94, or KN95 face mask throughout the deposition. At his discretion, Mr. Newell may provide those certified masks to participants. But Mr. Newell shall remove his mask when responding to questions from Plaintiffs’ counsel.
The bit about Gabe providing the masks makes me raise my eyebrow a little, but I think everyone would still be required to wear a mask regardless of whether or not Gabe hands them out at his own expense - I think it’s just so that Gabe can be sure everyone’s mask is up to snuff, if he’s concerned about that.
So they are still not absolute in that the users still get to buy a PC or an Android phone or get satellite connectivity via a global ISP, which boils the issue down to inconvenience/cost/hardship, not the absence of alternatives.
It’s the logic of the comment I responded to. The existence of this upcoming trial alone is proof that the mere presence of alternatives is not enough to claim there’s no monopoly in the relevant market.
The (my) comment that you responded to presented you a list of actual monopolies that have no alternatives on their platform. There was no “logic” presented, it was a statement of observation.
The existence of the lawsuit does not mean there is proof, it means that Wolfire has enough of a case to begin discovery on two of their claims that the court is interested to find out more. That’s it.
One of the claims is also very weird and I can’t actually find any information corroborating the claim besides the claim itself (re: Valve acquiring and shutting down World Opponent Network). The only thing I see is that Sierra was acquired by Havas who made WON into it’s own entity, then merged it with PrizeCentral under the name Flipside.com and the last WON game was released in 2006.
The only thing relating to Valve I can see is that Valve announced Steam in 2002 and then they removed WON from their own games, which they had every right to do so.
WG’s strongest claim is the MFN clause, and they actually have to prove that it’s for anticompetitiveness.
Wolfire originally operated Humble Bundle, and they have a very legitimate case. Steam uses anticompetitive pricing policies that makes it difficult for other marketplaces to compete.
If anticompetitive means “it’s your choice to enter into an agreement in which we host your game for 30%, and distribute it on our platform, with unlimited patch updates, and unlimited user downloads, and a fuckton of features like community forums, guides, groups etc., also if your game is good we will promote it free of charge”
Then I suppose companies like Epic who choose to run at a loss, as opposed to providing a good service, have no chance, and Steam is anticompetitive.
The counter narrative exists though, Steam is just a good service, and if you want to compete with them, you need to provide a good service, like GOG.
The Platform Most Favored Nation policy employed by Steam is the one at issue in this case. And yes, it is anticompetitive. It abuses userbase size to prevent alternative marketplaces from providing fewer services for smaller cuts
Again, it just sounds like Valve is offering a good service and other companies don’t want to compete. If it’s Valves fault for providing a good service and lots of users choose to use their platform instead of others, I fail to see what they could do to rectify that.
Valve offers a great service, and I enjoy it a lot. But it’s very difficult for a competitor to enter the market because they won’t be able to match Steam’s services immediately. Typically in a market the approach is then to undercut Steam, but that is exactly what this policy is designed to make impractical by forcing publishers to overprice, on penalty of losing Steams’ userbase.
I mean I don’t know what else to say. It is anti-competitive. It doesn’t take too much to see why. There are many good articles and legal briefs on the matter. It hurts you and me, the consumer, and it hurts publishers. It enriches Valve, benevolent though they may appear. You shouldn’t like this type of strong-arming the market when Amazon does it, and you shouldn’t roll over and take it from Valve either.
Doesn’t even matter, the court is going to sort it out for us. But I hate to see the reputational hit Wolfire is taking here. I like their studio, I believe their developers are operating in genuine good faith, and I think they are doing consumers a favor.
Just to play devils advocate, what do you think Valve should do differently?
After learning more about it, I’m understanding the problem is that Wolfire (and every other developer/publisher) has a contract with Valve, in which they aren’t allowed to sell their game on another PC market for a cheaper price than Steam.
Though, I wouldn’t describe that as anticompetitive, rather, neutrally-competitive. Valve is offering a level playing field, they can take it or leave it. This is a fairly standard practice among businesses (though I understand this does not make it right).
If valve wanted to be anticompetitive they would dictate that games published on Steam are exclusive to Steam on PC.
What Wolfire wants to happen is for game marketplaces and game services platforms to be decoupled. Right now Valve has vertically integrated the two. You buy the game, and they offer peer multiplayer, social, workshop, etc.
If those services were charged separately, so that the costs of those services was not forced into the pricing of other marketplaces that don’t offer those services, you open the market to more competition.
So Wolfire’s idea of being anticompetitive is to restrict how many features a platform may offer?
Honestly, it just sounds like Wolfire has an axe to grind. Steam doesn’t price in the features it offers, their 30% cut existed a long time before most of this stuff was added.
Something like this will never be implemented. Consider the outcome: Steam decouples the marketplace from the extra services, so they create a separate application and offer it as a free service, and creates a link between the two services. There are a hundred ways around this, and all of them inconvenience the consumer.
I’m at my wits end trying to explain this. I guess I can just recommend reading the legal briefs that summarize the matter, or articles that dig deeper than this one.
Maybe I’ll think about it later and make a more complete write up with concrete examples. I really hate to see the confusion here. Wolfire is doing us a favor, we should not be handing Valve the keys to the market just because they act like Mr. Benevolent.
That us all fine. David is alleging that Valve is trying to restrict other platforms wolfire can sell their cases on. Valve needs to compete, not threaten to stop distributing a game if they don’t like how it is selling elsewhere.
I can’t believe that a company that puts out a device running Linux that gives you access to the OS in a few clicks and provides guides for how to install competing distribution platforms is more anticompetitive than Sony, Apple, Nintendo, Microsoft, Google. Valve and Steam aren’t perfect. It’s difficult to accept that having a store and charging for it is worse than, for example, Sony buying studios and paying millions of dollars for some games to be exclusive on their platform.
I love this new narrative that undercutting the competition’s pricing is anti-competitive and not just winning at the competition because the other teams don’t want to improve.
David Rosen of Wolfire Games (Receiver, Overgrowth, Lugaru) is alleging that steam reps have threatened to de-list his game if he lists it as less expensive on other platforms. Specifically not just steam keys but other distribution platforms.
Which is hard to believe, considering how many times I’ve bought steam games on other (legitimate) platforms that were cheaper than on steam, that are still on steam today and werent removed for being cheaper on another platform.
I believe it is in the Steam marketplace agreement, and applies to all games. Are you referring to sales on other platforms, or to the full listed price?
Sure, but Valve essentially reserve the right to no longer sell your game if it’s offered cheaper elsewhere. See the quotes on pages 54 through 56 of the complaint.
I think the justification would probably be that if they continued listing the item:
It maybe mislead consumers into paying more for the same thing
The reason why people pay more in that scenario is for convenience (IE all games in the same place) but that would be exersizing valves monopoly, so it may be safer to just remove to reduce complaints to steam about the higher pricing because there will be operational cost to processing those support requests and complaints
I don’t feel like valve does everything because of lawsuits. Open sourcing proton wasn’t due to a lawsuit. Releasing Cs2 as a free upgrade to csgo wasn’t due to a lawsuit.
On the other hand and in response to your comment, I think the regulatory fix is that platforms must display their platform fee clearly and separately to the publishers price.
CS2 as an “upgrade” to CSGO has been less than well received from what I can tell. If they wanted it to be free it should have been a new game and left CS:GO in place. Removing a game many of us paid for in favor of a newer, different game isn’t something that should be praised, and should be called out as the anti-consumer move it was.
It isn’t the peoples’ company, but nor is it a publicly traded company that is obligated to pursue profits above all else. It’s Gabe’s company, and he gets to run it as he sees fit.
Ultimately Wolfire’s argument falls apart not because Valve is setting the terms, but because their claims about Valve’s position in the industry and supposed abuse of power don’t hold much water.
No corporation is “the peoples corporation”, but some corporations treat their customers with a lot more respect and fairness in pricing/policies than others.
Yes I too look nostalgically look back on my games having nothing but beep audio because I didn’t have one of three sound cards my chosen game decided to support
Back then Amiga computers were at their peak, it wasn’t uncommon for a whole game to be on a single 1.44 MB floppy. It was also pretty common that booting from the disk was the only way to launch the game.
I guess it’s good that devs don’t need to optimize as much as they had to, but I also feel like we’ve collectively allowed the laziness to go too far, with 110gb updates and stuff.
I personally would prefer spending my time building new stuff, but I think if I had to, optimizing can also be fun and interesting in its own way.
Blame the gray resellers. If the world courts had found those sites illegal, then devs could likely still set regional prices without having 90% of them getting resold to the outside world.
Legit, I’ve never heard of anti-competetive practices from Valve. Anti-consumer? Sometimes, yeah, though they do a lot more right than most
The argument seems to be that “30% cut is too high” but it’s not like there aren’t other options if you think that’s too high. Epic loves to pay for games to be exclusive there, humble and gog exist, one could even go the retro route and set up their own website (though that’s prolly the dumb idea), itch.io comes to mind…
If Valve HAS done some shady shit to ensure their major market share I’d be down to hear it, but to me as a PC gamer since '10ish (and had PC gamer friends since 06) it seems they got there through being a not complete garbage heap of a company that actually improved over the years on user feedback, which is supposed to be the good example of capitalism innit?
Escape from Tarkov has been very successful with their own site and launcher. I don’t see it ever going to steam and it’s regularly in the top 10 of twitch
No, it’s saying if you make a good game and launcher then you don’t need to rely on one of the storefront that take 30% like epic or Valve. Idk what GoGs cut is but I’ve also never bought anything from there
Thousands fail every day on the platform as well, is that survivorship bias as well or just evidence that trash fails and quality succeeds regardless of location
Wolfire Games created the original Humble Indie Bundle, but they’ve been divested from it for a few years now. From Wikipedia:
The Humble Bundle concept was initially run by Wolfire Games in 2010, but by its second bundle, the Humble Bundle company was spun out to manage the promotion, payments, and distribution of the bundles. In October 2017, the company was acquired by Ziff Davis through its IGN Entertainment subsidiary.
The comment above that Humble’s the ones suing Valve here is inaccurate.
No, humble bundle isn’t run by them anymore. They haven’t been run by the wolfire guys since 2017. If I’m wrong and they are then I’m probably not buying anything from humble again.
Suing valve. Like, valve is the only company I’m okay with having the amount of marketshare they currently have. I’m legit worried that if they go too hard on the lawsuit, it could result in the monkey’s paw curling (“I wish valve didn’t have so much marketshare” “granted: steam has been spun off into its own company. Without steam, valve goes under and “steamcorp’s” new management goes public”)
I think there was some cross-pollination for a couple years beyond that. Sounds like they sold Humble off to be its own thing, but the Wolfire guys were still running it until 2019 (see Wikipedia quote below). Either way, they’ve got out of Humble well before they filed this suit.
Rosen and Graham, the founders of Humble Bundle [and the CEO and COO, respectively, of Wolfire Games], announced in March 2019 that they have stepped down as CEO and COO of the company, respectively, with Alan Patmore taking over the company operations.
…unless you have a policy that requires other marketplaces to sell at the same price as on Steam, undercutting the ability for “better deals” to exist at all.
Which is what the lawsuit is actually arguing is going on.
Hah if 30% is deemed too much the apple app store and pretty much any retail is going to be next. Steam is popular because they don’t pull this nonsense. At 70% growth p/a why bother too
I’m also curious what the allegations are. The only ones I ever heard were from Epic, which was basically making a big fuss to promote their own competitive platform (which was so shit it didn’t gain any traction apart from the free games).
I’ve tried all the online stores ever since the cloudification (remember Impulse?) but none have ever been able to compete with Steam in terms of features and value to the customer. Steam didn’t get to the top by being anti competitive, it got there by being competitive and offering a better product to all stakeholders, not just to shareholders.
And as you mentioned, there is plenty of competition for Steam. Don’t like the monoply? Get it on GOG or Itch instead.
Valve devotes only a small percentage of its revenue to maintaining and improving the Steam Store, and dedicates very few employees to that effort.
Okay yeah I was annoyed that it took Epic’s store to make Valve update their ancient UI, but Proton has gone a long way to improving my opinion of them (and it’s open source to boot).
Also is a shame that the court won’t have the background to know that invoking EA’s complaints about anti-competitiveness and price gouging is so completely laughable.
PMFN (Platform Most-Favored-Nations clause): Valve forces publishers to price games on other platforms at the same price or higher than Steam. This is an anticompetitive monopoly because publishers can’t sell the game at lower prices on platforms with a lower cut than 30%, which would improve competitiveness. Very valid point
Keys that publishers can sell on other storefronts are limited. This point is moot. The fact that Steam allows you to activate a product that was purchased elsewhere and then use their infrastructure to download the game is way more than they have to do. They can completely make the rules here as this is basically a free service that you get from Valve.
Some murky points about Valve policing review bombing that isn’t explained properly.
If 30% we’re too high, surely just by offering a competitor that takes a lot less if a cut (say, 12,%), developers would flock to thst competitor because it saves them so much money, right?
Not even just that. They approached games that has already promised not to be exclusives, including kickstarter games that had already been funded with that promise, as well as buying games and removing them from other stores.
They were paying to have the games removed from better stores so they wouldn’t have to compete. That is an example of anti-competitive practices, not just making a better product and charging more for it.
People don’t hate on Epic because their store has content. They hate on Epic because they tried to buy market share with exclusivity deals. Nobody wants PC gaming to turn into the streaming services.
yeah, i think the 30% is fair enough, given the amount of stuff you get as a user by using steam, like
good cross-platform support
a working friendlist and chat system
remote play together
the workshop and community features
profile customisation stuff for those that like it
whishlists and gifts
i honestly feel like while they’re a monopoly, they don’t do anything other companies can’t do, their cut goes to fund features others simply don’t provide, so it’s entierly fair for them to be more expensive than the competition
Valve hasn’t done anything shady, but monopolies are still bad and unhealthy. Both things are true. And there are no other options for less of a cut if you want to actually make sales, pc gamers won’t purchase from other platforms.
Monopolies are bad, but is it a monopoly if they naturally gained market share because their product was first and better?
Honestly I’d be fine with them removing the “PMFN” clause, but I’d rather it be a law that it can’t be enforced because you know Valve isn’t the only one to include it. But even if they did get rid of it, I don’t think they’d see a major shift away from their platform.
Yes, it’s unhealthy for the undustry even if you enjoy it today. Gabe newel is old. He’s going to retire soon and likely sell the company. You won’t like what happens after that, and the fact that so much of the industry is provided via their product means they have a lot of agency to tighten the screws.
“OH but then we’ll just use something else”. That’s not how the monopoly works, you might, most won’t. Most of what you want won’t be on the something else.
Yes. They sued Valve with allegation that they are too successful by providing good service. Sure 30% is too much for some developers, but solution is quite simple… don’t sell on Steam. Problem solved. Go to Epic, GoG, bunch of others. Hell every company now has its own launcher and store.
What’s saddest of all is the fact they are willing to throw millions on this litigation instead of spending that money on improving the service. They claim it’s for the good of all users, but their actions tell different story.
Or even just make it more expensive on steam, if you really want 100% of the revenue for every sale. Pass the cost of using steam on to the user and offer the game on other (worse) markets at a markdown.
There could be a clause in terms of use that Steam won’t allow developers to make their games most expensive on Steam, or at least cheaper than elsewhere.
Pretty much. Meanwhile other stores engage in actual behaviour that deserves an anti-trust lawsuit like buying up developer studio’s and making their games exclusive to their own platforms. Or paying devs to make games exclusive to their store temporarily. You know, things that actually screw the consumer over.
Lmao Valve made a service so good at what it does, it’s fucking over all these other business ghouls like Tim Sweemey who are actively trying to dominate the market without actually competing; just look at Epic’s store, it’s d o g s h i t. They give out free games and still no one I know wants to use it. It’s the same across the board, these companies do not want to make good services, they want to legally strongarm the consumer.
I’ll tell you a secret) nowadays ALMOST all corporations regardless of what they make business into wanna strongarm the consumer, for quick example look up denuvo and baldurs gate, if product is good then people will buy and denuvo won’t be needed
GOG has shown that drms are never needed. More often than not, denuvo causes issues to the player, and gets bypassed by a pirate easily. It is simply there because gamedev companies think they get something out of it, when in reality they don’t.
Yeah. I don’t even know that much about the whole thing, just what I learned when going to look for a game a while back, and even from that little it was like, wtf is with this person?
this is very true, its not like they saying no to other stores like apple for example, they just cant compete so they sue instead, really show how pathetic they are.
I recently got Alan wake 2 on EGS because I’m a huge Remedy head and huge fan of the first game and couldn’t contain my excitement to wait for a steam release and potentially see spoilers, and damn dude that store really is the most bare bones half assed thing ever. Even EAs store on their launcher is nicer.
They’ll never release HL3. They are not a developer anymore. They are just a game store/directory. HL3 has been overhyped so much that anything released would be a disappointment. The gaming market has changed too much from when they made a game engine and released half life to showcase that game engine.
I can probably list a million more reasons why they’ll never release, but those are the big points.
Half-life Alyx was HL3, just it was better to name it not HL3, because fans would lose their minds.
On the one hand, yeah. On the other hand, HL:A ended with an obvious sequel hook, and that hook was the ending of HL2:E2. Spoilers, I guess, but the game’s been out for a while.
Of course, that doesn’t mean another game is coming, but it does mean that HL:A doesn’t mean another game isn’t coming, either.
For those being happy that valve is in this position, don’t. Any company that gets into a monopoly position, accidentally or not, will turn. Google too had “do no evil” in their manifest, until they didn’t
While I agree, it is important to note that Valve is a private company. When you don’t have to please shareholders and do absolutely everything to increase revenue, there is possibility for a level-headed leader that keeps the company customer friendly.
But if anything changes (greed takes over or leadership changes), it could still turn.
Valve is a private company right now. But Gaben is 61 and it goes without saying that Valve is at the top of every predatory tech capitalist’s wishlist. Can you even imagine what Microsoft or Google or Meta would pay for Valve? Steam is great, but that probably won’t last forever. GOG is waiting in the wings if Steam ever becomes enshittified, but most of your library cannot be transferred over.
Yeah. I don’t have a lot of negative things to say about Steam, and there’s a lot of high-value stuff. The mod workshop is great. Linux support is top-tier. There’s a lot of good stuff. The only major bad thing from my point of view is lock-in. Having a vast library of games tied to one account isn’t great. And having publishers and mod-makers etc essentially forced to rely on that platform is not good. Steam itself is good - but consolidation of power is generally a bad thing.
For that reason, most of my new games have been coming from GOG over the last couple of years. GOG’s DRM free policy means there’s basically no lock-in effect. That’s a major strength, even if some of their other features aren’t as strong as Steam.
I have mixed feelings on GOG. I want to like them, but the lack of Linux support is a real thorn in my side… Having DRM free stuff is great and I’d love if more games had DRM free versions, but currently steam actually supports me and GOG wants to pretend I don’t exist… And realistically, I’m not totally sold on GOGs promise of always having access to your games… If GOG explodes you’re probably going to lose access to your games too? I mean, of course it’s easier to archive a game for yourself if it doesn’t have DRM, but unless you do that religiously for each game on GOG you won’t be able to acquire them after GOG hypothetically explodes either… Hopefully you get enough warning to archive what you care about, I guess?
I do totally respect that DRM free copies can make a big difference but everybody argues that GOG means you’ll always have access to your games, and I’m not sure it’s substantially different than steam in that respect for “normal” people, you know? If either store kicks the bucket people are going to be out of luck. I kind of just want to throw Steam and GOG in a closest until they make out, though. Would be nice to get the best of both worlds.
Where did this rumor come from? Private companies have shareholders, too, and they have as much say in the profit direction of the company as the shareholders of any public company.
You’re not wrong, but shareholders look at their investment very differently than stockholders. Private shareholders can’t necessarily cash out whenever they want because the sale of private equity is usually tightly controlled by the company. This means they need to be interested in long-term growth and success. While public stockholders can also hold their shares for a long time, there’s much more ability and incentive to buy and sell quickly to make a quick profit.
Anecdotally, I worked for a publicly traded company for 6 years before they got bought and taken private by a private equity group. The way profitability and trends are measured is night and day. As a public company, everything was hyper focused on quarter by quarter results. One underperforming quarter meant a tank in stock prices, hiring freezes, and a general sentiment to the employees of “quit spending money on expenses if you want to have a job next quarter”. Being controlled by private equity, they’re most concerned with year over year growth and the long-term stability of our operations.
Valve has been the market leader for years and still hasn’t let the consumer down. Their business strategy comes down to offering us the best possible service. Meanwhile crappy stores like Epic Games try to lure you in with free games and timed exclusives and I still gave up on their featureless mess of a platform.
Gaben will then slowly drop his head and whisper into the microphone with a wry chuckle - “You fool. You have just activated my trap card.”
Immediately, the Half Life 3 release will drop. Gaben has been holding it back, continuously updating for decades, awaiting exactly this moment. The judge, completely flabbergasted at the proceedings will immediately declare a mistrial. Legal scholars will then study the “Gaben defense” for decades.
Forget HL3; where’s HL2: Episode 3? I wanna know what the fuck happened to that garden gnome I carried all the way from the beginning to the rocket at the end.
If this happened I think Gabe would just say “it’s not happening, not at least the way you all want” and then we get some half life cyberchip augmented reality game in another 15 years (it is good though)
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