“Duty is not replicable. Duty is too entrenched for any rival, however well equipped, to catch up. It has been the best-selling game almost every year for the past decade, and in the first-person shooter (“FPS”) genre, it is overwhelmingly the best-selling game. Other publishers don’t have the resources or expertise to match its success. To give a concrete example, Electronic Arts – one of the largest third-party developers after Activision – has spent years trying to produce a rival Duty with his Battlefield series. Despite the similarities between Duty and Battlefield — and despite EA’s track record of developing other successful AAA franchises (such as FIFA, Mass effect, Need for speedand Star Wars: Battlefront) — the Battlefield franchise can’t keep up. As of August 2021, over 400 million Duty games were sold while Battlefield had sold only 88.7 million copies.”
