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Bobby Kotick’s lawyers sent me a bad email (and later apologized)
The message I had received was unsettling—for a moment. Then it was just really confusing. Back on January 20 of this year, at 5:15pm ET, I received an email with the subject line “Legal Correspondence re Bobby Kotick.” It was from the law firm Clare Locke, a firm I’d heard had been emailing reporters in recent years about their coverage of Kotick, the former, longtime CEO of Activision Blizzard. The letter was threatening. A lawyer from the firm introduced themselves as “defamation counsel to Bobby Kotick.” They issued a “demand” that I “correct” a Game File article I’d published a week prior. The article that had irked them had been a scoop of sorts. I’d written about a a 2022 lawsuit brought by a Swedish pension fund, AP7, over Microsoft’s purchase of Activision Blizzard. The suit wasn’t news, but I was first to review and report about Kotick’s extensive pushback to the fund’s claims. The pension fund’s core contention was that the sale had been rushed by Kotick to avoid the consequences of sexual misconduct scandals swirling around the company in 2021. (He’d not been accused of misconduct himself in those suits, to be clear.) As I wrote at the time, Kotick had denied the allegations of the rushed sale. Beyond that, Kotick used a December 2025 reply to the Swedish fund’s lawsuit to assign blame for those workplace scandals, the bad press and even for the AP7 lawsuit. I’d found Kotick’s arguments novel and newsworthy. Across nearly 3,000 words, I explained Kotick’s take: that a Swedish gaming company was behind the Swedish fund’s lawsuit (the Embracer group; they denied it); that the Microsoft-Activision deal was not rushed and was secured at what Kotick felt history had proven to be an optimal price for shareholders; that he believed a conspiracy of people at unions government agencies, PR firms and the media had spun up claims of widespread workplace misconduct at Activision Blizzard in 2021. The article gave context for all of this, letting readers assess the claims and weigh their credibility. As I’d later write to Kotick’s lawyers: I would be surprised if you could point to any news article about Bobby Kotick in the last five years that has spent more of its wordcount articulating his point of view. He is welcome to do an interview with Game File any time. Nonetheless, there they were in my inbox that Tuesday evening: Clare Locke, the law firm that secured a $787.5 million settlement from Fox News over false statements about voting machines. They were emailing me, threatening that failure to comply with their demand could support a claim of “actual malice,” a legal standard for libel. Unless… Unless, they said, I added a key paragraph to my article. This was a paragraph that I already knew Kotick’s lawyers had been emailing reporters about for at least a year, and it was a paragraph that was already in my article. The paragraph they wanted is from a 2023 settlement that California’s Civil Rights Department struck with Activision Blizzard. The settlement had closed a two-year-old lawsuit over alleged sexual discrimination at the game maker. The paragraph basically said that claims of systemic or widespread sexual harassment—or of execs like Kotick tolerating such behavior—had never been proven. I’d already seen proof that Kotick’s lawyers had pushed for the settlement’s language to be added to reports about 2021 sexual discrimination and misconduct lawsuits brought against Activision Blizzard by California and, separately, by the U.S. federal government (both suits were since settled). I knew that Kotick and his lawyers felt that the California settlement language should be mentioned in the same breath as references to an article he hated and denied, a November 2021 Wall Street Journal article claiming Kotick knew “for years” of sexual misconduct at Activision Blizzard. So, in the Game File article that Clare Locke emailed me about, in the interest of ensuring I was being fair and balanced regarding the person I was covering, I had already included the following excerpt from the California settlement [emphasis added in bold]: (Kotick has repeatedly pushed back against that November article in the Wall Street Journal, citing among other things, language from a court-approved consent decree as part of Activision’s 2023 $54 million settlement over the California suit. It states: “no court or any independent investigation has substantiated any allegations that: there has been systemic or widespread sexual harassment at Activision Blizzard [or] that Activision Blizzard senior executives ignored, condoned, or tolerated a culture of systemic harassment, retaliation, or discrimination.”) On the evening of January 20, I was incredulous. How do you write a four page legal threat about a week-old article and miss this? While scrambling to also make my kids dinner, I wrote a lengthy reply to Clare Locke’s lawyers, basically asking them to cool it with the threats and to start making sense. In part, I wrote: I hope you can understand why I am having trouble understanding what you’re asking for, when the statement you’re demanding to see in Game File’s article already appears in Game File’s article. Actual malice, as you know, refers to a reckless disregard for the truth. I’m not sure what your argument is when my article already states your client’s position. Here is where I should remind you, the reader, that I am an independent journalist. I publish on Substack, and have availed myself of the Substack Defender program that provides writers on the platform with legal support. But I’m no Wall Street Journal or New York Times, nor even IGN or GameSpot when it comes to such things as, well, having a legal department. There are more fun things for me to do as an independent journalist than writing back to a powerful law firm representing a very rich person. On the evening of January 20th, I was just trying to cook some pasta, broccoli and chicken nuggets for hungry twins. Nevertheless, I wrote back to them. Two hours later, I got a reply. Summarizing: A lawyer for Clare Locke said they’d “reviewed an incomplete version” of my article and they “apologize for the confusion.” (My guess: Someone didn’t read past the piece’s paywall, even though they’d had a full week to scrounge up the funds to do so. What I’d published above the paywall was balanced, as was what came after.)1 That was almost that, but something about the situation bothered me. The letter had been marked “confidential.” I hadn’t agreed to that, and I disliked the idea that powerful people on the beat that I cover would act like they could unilaterally control what I might tell my readers about. On the morning of the 21st, having already gotten the powerful law firm to back off, I oh-so-wisely re-approached them with just one more thing. I thanked them for clearing things up the night before but noted that I’d never agreed to keep their letter confidential. I’m all for agreeing with a source to keep things off the record, but that’s the thing. We have to agree. You can’t just declare it. I’m not bound by that. I wrote to Clare Locke’s lawyer and said, in part: I trust the matter is resolved. It was disappointing to have to spend less time with my kids last night in order to address your legal letter. Family time’s precious. I will add, for clarity’s sake, that, while your letter stipulated that it was confidential, I did not agree to those terms. In the future, should you wish to communicate with me confidentially, I am happy to agree to classifying our communication as “off the record” prior to the actual communication—as is standard with any professional journalist. The firm’s lawyer replied, not directly addressing the confidentiality issue but asserting that the matter was resolved. Why I didn’t write about this until now In May, I told this story on an episode of Simon Parkin’s podcast My Perfect Console, but I held off on sharing it directly with Game File readers. I held off to avoid stepping on the toes of another reporter, the journalist Mikhail Klimentov. He’d interviewed me in the spring of 2025 about an investigation he was working on regarding Bobby Kotick lawyers pressing the media to add the California settlement language to stories referencing the 2021 lawsuits. And about how some outlets had changed their stories and how some simply deleted them. Initially, I was a third-party source for Klimentov’s reporting, providing on-the-record context about the state of the games media. I’d heard about the letters but hadn’t put the time into pursuing the story. I thought it was interesting, and I was glad he was covering it. When the outlet that Klimentov was going to run his reporting in dropped the story, I began talking to him about potentially publishing his reporting on Game File. This was tentative. Then, in January, when I got my own Clare Locke letter, I told Klimentov that I didn’t think it would make sense for me to publish him, not with me now being part of the story. I had my own version of this situation to tell. But I wished him well and said I’d refrain from telling my tale until he could get his reporting out there. Last Friday, Klimentov finally ran his investigation, in a nearly 48-minute video report for People Make Games. It covers various Clare Locke letters, how media outlets reacted to them and what to make of all this. His video weighs the merits of Kotick’s request and looks at some of the articles that were changed (one of which had a glaring error). I highly recommend watching it: (Note, I did some editorial consulting for a People Make Games video last year but nothing to do with this report.) While many outlets haven’t left any public evidence that they updated their Kotick coverage at Kotick’s counsel’s request, at least one has. Back in October 2025, the mainstream outlet Reuters applied the most transparent article update I’ve seen. On the 3rd of the month, they published an article about the state of the Swedish pension fund’s lawsuit. Days later, they added this: In an October 7 letter sent after publication of this article, Kotick’s defamation counsel disputed claims of widespread harassment at Activision. “Not a single investigation, court finding, verdict, or ruling ever concluded that there was any merit” to the allegations of widespread harassment at Activision, Tom Clare and Nick Brechbill of Clare Locke wrote. I’ve never added a statement to my article on Game File, because none was needed. Not for fairness’ sake, nor to meet any demands of Kotick’s lawyers. I’ve nevertheless wanted to be transparent with Game File readers. If someone powerful is questioning my reporting, is threatening a lawsuit over it… if that threat is part of a pattern involving other games media outlets and if, in my case, the whole thing ran into a ridiculous ditch, I want you to know about it. I also share this as a real example of how I handle threats to Game File. I stand up for my own reporting, even when it’s not comfortable to do so. (In that same category of standing up for the work I do, I’ll point to an incident in late August. Asocial media post I published to X/Twitter regarding reporting I did about Take Two and GTA VI was hit by bogus copyright claim by a firm working for the publisher. I pushed back and got it reversed; even while a bigger games media outlet let themselves be censored. This is the other reason I’m sharing this story: To emphasize that dealing with threats from powerful people is one of the costs of covering the video game industry independently and as fearlessly as possible. This is where you come in. Your support, through free and paid subscriptions (sign up here!), can help me keep doing that. It can ensure that I’ve got the back-up I need. And it can help make fiascoes like this even less of a worry, so I can spend my evenings dealing with more important things, such as making sure I steam the kids’ broccoli just right. 1 That pension fund lawsuit I wrote about in January has all but gone away. In May, the fund and Activision Blizzard owner Microsoft agreed to settle. Lawyers for the fund brokered a $250 million settlement for former Activision Blizzard shareholders. In the settlement, the fund’s lawyers changed their rhetoric. Where once they’d questioned the meaning of the California settlement language, they adopted a version of it for themselves. Several weeks ago, while seeking to get a court to sign off on the terms of the settlement, they proposed their fee for their work in the case: $60 million.
BREAKING: Netflix to shut down two more game studios
Netflix is sticking with video games but once again reducing the number of studios it owns making games. The streaming giant is closing Los Angeles-based Night School studio, which it acquired in 2021 and plans to close Helsinki-based Moonloot, which was founded in 2022. Just six weeks ago, Night School had released Unhinged, a novel 30-minute first-person horror game, streamable on TVs to Netflix users. The game was hailed by Netflix co-CEO Greg Peters in a call with investors. Six weeks later, Night School is closing. Prior to its Netflix tenure, Night School had developed the award-winning supernatural thriller Oxenfree. A second Oxenfree game followed after the purchase, as well as a mobile game designed to tie in to an episode of the Netflix show Black Mirror. Netflix attributed the studio closures to a prioritization around kids gaming, party games, story-driven fare and games with mainstream hooks, such as a recently released FIFA game. “We see an opportunity to be more focused in our execution, so we are making organizational changes to the business to match those priorities,” a Netflix spokesperson told Game File. Netflix is also cutting jobs from its internal games team. A rep declined to say how many jobs were being lost by these cutbacks. “We are incredibly grateful to the talented colleagues we’re saying goodbye to today. We thank them for all their contributions to Netflix, and wish them the best,” the rep said. Netflix started releasing video games, initially on mobile as a free bonus to subscribers, in 2021. By 2023, Mike Verdu, then the head of Netflix’s game operations, was telling me that the company was committed to growing carefully, as it offered more games and built up internal game studios. At the time, it hadn’t made any gaming job cuts. Since then, Netflix has altered its approach. In 2024, it shut down Team Blue, a start-up studio led by ex-Call of Duty and Halo developers that was exploring making a high-end first-person game for the service. Last October, Netflix shut down another studio, Boss Fight, shortly after Peters praised the team’s Squid Game game to investors. (One of Boss Fight’s main developers now works on the Netflix FIFA game for outside studio Delphi.) And in December, Netflix sold cozy game studio Spry Fox back to its founders. Amid all of this, Netflix has shifted from emphasizing mobile games to offering games through TVs and PCs, via streamed connections, with phones used as controllers. That’s how Night School’s Unhinged worked, along with games such as Boggle and Party Crashers that have collectively helped the Netflix game controller app chart well on mobile app stores. The studio cuts leave Netflix with a central gaming team that works with external developers, and a dedicated first party studio in, Helsinki-based Next Games, which produced many of the company’s couch-centric party games. The move away from having a roster of internal game studios aligns with Netflix’s own approach to shows and movies, which are largely produced externally. The company owns few TV/film production studios of its own. The gaming industry overall is seeing large holders of multiple studios cut back, with Sony, Ubisoft, Embracer, Microsoft and other giants closing or selling off studios. Cuts in California-based studios, where costs often run relatively high, have been particularly acute. Netflix has faced skepticism about its gaming plans for years. The moves today are likely to fuel them, and the company has few upcoming projects to counter the narrative. Among the few hinted, acclaimed independent studio Don’t Nod said last year it was working on a game tied to a major Netflix franchise.
Embracer tops quarterly profit expectations as PC, console business improves
Swedish gaming company Embracer posted first-quarter adjusted operating profit that more than doubled analysts' expectations on Thursday, driven by stronger earnings from its PC and console games business.
Saber's newest game trailer takes a shot at Gearbox's CEO, if you look closely
The first hint that something might be up with the recent debut trailer for Saber Interactive’s Rideshare Stimulator is an unusual choice of words—aside from that second one in the game’s title. “Don’t take your passengers too seriously,” the trailer’s narrator says, as he describes this upcoming game. It a car game about the gig work of driving eccentric people to their destinations, a riff on Crazy Taxi. And then, he says: “When I think I’ve met the randiest of passengers, someone even stranger gets in.” “Randiest”? That suggests “randy,” which usually means having strong sexual desire. Yet none of the oddball backseat occupants featured in the trailer seem particularly lustful. One is an old man who considers his grandson a failure, another shares the theory that birds might control traffic lights, another says he’s banned from an aquarium. A little later, there’s a license plate, shown 63 seconds into the trailer, on the front of an SUV: USB DRV It’s a Texas plate. The symbol between those letters is a cog wheel. If you know, you know. That’s a reference to Texas-based Borderlands game development studio Gearbox Software (their logo features a cog wheel). More specifically, it’s a reference to Gearbox’s CEO Randy Pitchford, who in 2018 found himself explaining the nature of video he’d saved on a USB drive that was found at a Medieval Times restaurant before being returned to the studio: “It was ‘barely legal’ porn. This girl’s handle was ‘Only 18.’” The “girl” in the video had committed a solo sex act that Pitchford, an avid practitioner of magic, found remarkable. “I realized, this is not a sex worker…This is a fucking magician.” Back then, the USB drive was central to competing lawsuits against Gearbox by the studio’s former lawyer and by Gearbox against him. A settlement in late 2019 “exonerated” Pitchford, per the Hollywood Reporter. The USB story has resurfaced at times, now in a trailer from a company that not long ago was corporate brethren with Gearbox. Saber vs. Gearbox The head of Saber told Game File that the reference is payback. “The dig is because Randy took shots at Embracer in Borderlands 4,” Saber CEO Matt Karch told me when I asked him about the license plate. “Without Embracer, Randy is performing magic tricks at birthday parties for a living.” Having interviewed Karch during a cross-country flight in late 2024, I can confirm that Karch was unimpressed with Pitchford during their time both working in the Embracer group. I’d approached him not out of surprise that there was animosity but that it was manifesting publicly now. Gearbox was founded in 1999, worked on a port of Halo early on, and developed hit series such as the loot-based sci-fi shooter Borderlands before it was purchased by The Embracer Group in early 2021 for $363 million (with a possible earn-out of over $1 billion, if certain targets were hit by 2027). Saber was founded in 2001, worked on a remaster of Halo early on, had a big hit with zombie shooter World War Z and was purchased by Embracer in early 2020 for $150 million, with a potential earn-out of up to $375 million. For a few years, the Embracer group was a voracious acquirer of game studios. Then, as investment dried up, it choked. In March 2024, Embracer sold Saber to an investment company controlled by Saber CEO Matt Karch, and it sold Gearbox in an all-stock deal to long-time Borderlands publisher Take Two Interactive. Other studios were shut down. Hundreds of developers were laid off. Gearbox didn’t say much about their Embracer experience, nothing too direct, at least. In the summer 2024, Pitchford told reporter and occasional Game File contributor Nicole Carpenter that Borderlands 4’s story was in some way thematically connected to Gearbox’s experience at Embracer: “There’s this cultural and emotional shift in me, personally, and at the studio. What does it mean to trade some autonomy for organization?” When Borderlands 4 came out, there was something stranger: the matter of “Embracer’s Bluff,” a location in the game featuring an AI-powered toilet and a large trash dump, according to a detailed Kotaku account of the place. Gearbox never commented on it; Take Two never got back to me about it when I asked them last year. By contrast, since Saber exited Embracer, Karch has been one of Embracer’s biggest defenders, casting their management as well-meaning and supportive despite the layoffs and studio closures that resulted from their excessive expansion. Like others, Saber’s Karch saw Embracer’s as a shot. With Rideshare Stimulator’s trailer, he’s returned fire. “It’s amazing to me how fast people forget those who went above and beyond for them,” Karch told Game File. A rep for Gearbox did not comment by press time. Game File is a reader-supported publication. Your backing makes my reporting—including any coverage of trailer-based beefs—possible. Good news! I’m currently running Game File’s first big sale of 2026. You can get a one-year subscription for 23% off. Click here to take advantage of the limited-time offer. And thank you for your support! Item 2: In brief… 🚫 Wal-Mart has laid off the staff of Restart, a games media outlet launched in 2024, Aftermath reports. 🟥 A GTA VI preview is on the way, at last, via an “extended look” that will premiere, unusually, on Netflix at 3pm ET on August 27, then officially go live elsewhere six hours later. Last week, Game File noted that Take Two label Rockstar Games is overdue for showing off GTA VI, based on the timing of the initial hands-off previews of GTA V and Red Dead Redemption 2. During a call with investors, Take Two CEO Strauss Zelnick said pre-orders for GTA VI were “unprecedented and astonishing,” but added the company can’t predict how many of those pre-orders represent bonus sales vs. sales that otherwise would have been made at launch. During the same call, Zelnick was noticeably bullish on the future of playing games over streaming cloud connections (predicting wider adoption in three or so years). He sounded unbothered by Sony’s plans to stop making discs for new games (he said the business is 90% digital already and predicted that there could still be limited edition physical editions of games “in the same way there’s still vinyl in the recorded music business.”) 👀 Take Two wrote off $43 million in their spring quarter after deciding “not to proceed with further development of an unannounced title in its pipeline from a third-party developer.” 🤔 Some rare age-demographics from a big publisher: Capcom recently told investors that “users in their 20s account for approximately half of the users of both Pragamata and Resident Evil Requiem.” Item 3: The week ahead Tuesday, August 11 Game releases: The Elder Scrolls IV: Oblivion Remastered (Switch 2; already out for PC, PS5, Xbox) continues the Bethesda strategy of putting Elder Scrolls games on everything; Royalty Free-For-All is a Smash Bros.-style fighting game featuring public domain characters such as Mother Goose brawling with Oliver Twist in a stage based on the original Little Shop of Horrors movie. Wednesday, August 12 Game release: Pro Jank Footy (PC, console) is an arcade-style Australian Rules Football game with increasingly ridiculous rules, the more you play (I enjoyed the Steam demo) Thursday, August 13 Game release: Super Mario Sunshine (Switch 2, originally released in 2002 on the GameCube) is released for Switch 2’s Nintendo Switch Online service. This game is the black sheep of 3D Mario games. It’s the successor to the breakthrough Super Mario 64 and the rare Mario game built around a single (vacation resort) theme. Mario’s got a water-spraying backpack, a Yoshi pal and a lot of blue coins to collect.
Former Embracer CEO says Fellowship Entertainment spin-off is the "most effective long-term solution"
In an open letter to shareholders, Lars Wingefors says move is key to realising "full potential" of "undervalued" IPs
Embracer Group announces plans to spin-off Fellowship Entertainment
Structural change announced alongside Q4 results showing a 24% net sales decline and $765.2 million non-cash impairment
'Lord Of The Rings' & 'Tomb Raider' Spun Out Of Embracer Group
'Lord of the Rings' and 'Tomb Raider' will be part of a new Stockholm-listed, "IP-led" entertainment business spinning out of Embracer Group.
Embracer Group announces its intention to spin off Fellowship Entertainment on Nasdaq Stockholm
INSIDE INFORMATION: The Board of Directors of Embracer Group AB (“Embracer Group”) today announces the intention to separate the group into two publicly listed companies, through the spin-off of Fellowship Entertainment with a listing on Nasdaq Stockholm planned for calendar year 2027. The main rat…
Kingdom Come devs respond to Lord of the Rings game rumour: "I cannot disclose details but I can tell it is a huge, immersive RPG"
Kingdom Come: Deliverance 2 developers Warhorse Studios are refusing to confirm or deny a rumour that they're making a Lord of the Rings game for Embracer.
EXCLUSIVE: Veteran Studio Working On New Lord of the Rings Game
Insider Gaming has an exclusive update on the studio working on the new The Lord of the Rings game from Embracer.
Mike Richardson Out as CEO of Dark Horse Entertainment After 40 Years
Embracer, the video game holding company that bought Dark Horse in 2022, is installing a gaming exec as interim CEO.
Bobby Kotick claims lawsuit objecting Microsoft-Activision deal was "tied to Embracer's desire to boost sales"
Former CEO describes lawsuit filed by Swedish pension fund as a "collateral attack" on Activision Blizzard