If your argument is that "so the court doesn't know" then it's useless from MS's POV because the court already knows. That's how we came to learn about Indiana Jones' exclusivity in the first place.
They haven't publicly announced it yet because they haven't shown the game since they revealed it before the acquisition. The next time it appears -- the first time it appears the first time since Xbox's acquired Bethesda -- it will have the exclusive tag for sure.
If MS does not declare the exclusivity of Blade then the FTC cannot include this situation in its alegations . Easy to understand.
If you followed the court hearing, you will remember how that argument even caught the attention of one of the judges who asked MS's lawyer to respond to whether it was true that MS intended to make Bethesda games exclusive and harm Playstation users. ...It was the moment where the MS lawyer was most hesitant in his response and limited himself to distinguishing between SP games and massive MP games as a basis for deciding exclusivity or not.
What MS does not want right now is to put at risk that the judges of the 9th Circuit may agree or even partially agree with the FTC and that the process will be delayed. Not only thinking about this appeal, but also the FTC process itself from January and subsequent ones....
Again, as Idas summarizes in his ERA post, there are many indications that the judicial process has changed MS's strategy in many ways to mitigate or nullify the FTC's arguments or the idea that the acquisition will produce imminent negative effects. to the consumer. To list:
-ABK games have not reached Gamepass and there is no date for them to do so other than the vague "2024".
-ABK games reaching 3rd services before the Gamepass itself.
-Bethesda game announcement delay.
-Indiana Jones without official confirmation of exclusivity.
What is your reason for explaining these situations? Do you deny the possibility that there is any connection?
As I said, if you deny the possibility that there is a basis for not ruling out that possibility and you only see that the game is multiplatform, then OK for you, but of course that basis exists whether you like it or not.