Here are the relevant things I could find in
the court document, with some attempt at identifying at least what other documents are being referenced. Thank you
@P4bl0 for pointing some of these out. I want to organize them here because I've seen various screenshots bouncing around without context or links to the source.
One thing to note is that this document was written and submitted by Microsoft's lawyers, not the judge as I've seen one post incorrectly state. The judge's last statement was the
order denying the FTC's injunction. This document comes after the order and is Microsoft's proposed findings and conclusions.
Page 57: Microsoft and Nintendo's agreement is described as bringing CoD "to Switch (and any successor Nintendo consoles)". Note that RX1212, or defendant exhibit 1212, is the contract which they signed. This submission was entirely sealed/redacted, as you'd expect.
Page 87: Microsoft cites an expectation that Nintendo will release a Switch successor "as early as next year." The only reference is to a transcript of testimony from Phil Spencer on June 23, which I don't have access to. I feel like if he said this at some point in court, it would/should have already been reported on? Not sure whether that happened.
Page 91: Microsoft states an expectation that Nintendo's next generation console will be released "in the near future." There is a reference to testimony from Bobby Kotick on June 28, as well as a reference to redacted plaintiff exhibit PX2421, a document from Activision which was also sealed. I was able to track down that this exhibit is likely the executive summary e-mail about "Switch NG" made for Kotick, which was referenced in an earlier hearing.
Here's a reference which seems to confirm that on page 147 of
another document:
Okay, back to the current Microsoft document.
Page 104: Another reference to the Microsoft-Nintendo CoD agreement, but this time it's described as an agreement to provide CoD to "[Nintendo's] Switch console and its upcoming console upgrade." This is interesting because it implies the agreement was specific about certain upcoming hardware that would receive CoD. Previous references to the agreement only mention the Switch, or Nintendo hardware in general, or at best are vague about future hardware like the previous "Switch (and any successor Nintendo consoles)" quote in this document.
Page 129: This footnote also indicates that the CoD agreement had specificity about future Nintendo hardware, and goes one step further by describing it as "an in-development Switch model." Taken together with the previous concrete reference to an "upcoming console upgrade," this may confirm that Nintendo's new hardware is positioned/branded as a Switch model.
Note that the cited Docket 1 (footnotes 1-2) is
the FTC's original complaint, but I couldn't find any footnotes in that document, nor could I find a section about the "Unanticipated and Unforeseeable Future Events" provisions. My assumption is that these were references in the FTC's complaint to the text of the Microsoft-Nintendo agreement, which were redacted because the agreement itself was redacted/sealed. I think it's strange I can't find where those redactions and redacted footnotes would be in the complaint, though.
I think it's entirely possible that this is just Microsoft's lawyers using "Switch" as synecdoche for current and future hardware, as many people do. If my interpretation is correct and this is indirectly referencing the text of the actual agreement, that somewhat increases the possibility that "in-development Switch model" is a concrete reference to something from that agreement, and not just synecdoche. Though, if that's the case, why wasn't
this redacted?
Page 142: Lastly, we have a reference to a different contract, this one between Microsoft and Activision, which included language about "Nintendo's next generation console." This also seems to imply a concrete reference to a specific product and not just future Nintendo hardware in general, although that's not necessarily the case; it could be general. I don't know what "FTC Pretrial FOF" is referring to here, but it's likely another reference to a transcript.
Since the quote in question is from the deposition of Nintendo of America's Steve Singer, it would appear that Microsoft shared with Nintendo some of the details of their intended contract with Activision, presumably as part of the negotiations over the contract Microsoft wanted to sign with Nintendo, which concerned Activision's plan for future Nintendo support.
Another thing to note here is that the redaction after "Nintendo's next generation console" is probably not that interesting. It likely creates a sentence along the lines of "The FTC misleadingly implies Steve Singer thought that certain language in the contract with Activision concerning Nintendo's next generation console was inadequate for ensuring future support on Nintendo hardware," rather than the redactions containing any information relevant to us about the next generation hardware itself.
Edit:
Here's a link to all the documents in this case's docket.