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A judge has overturned a $32.5 million judgment against Google in the tech giant’s long-running case against Sonos over smart speaker patents.
In an Oct. 6 decision, U.S. District Court Judge William Alsup ruled that the jury verdict from May that found Google had infringed one of Sonos’ smart speaker patents was invalid because the patents at issue in the case were “unenforceable.”
In a nutshell, Alsup claims that Sonos improperly linked its 2019 patent application, which was ultimately approved, with an earlier, rejected 2006 application for the same patents in an effort to show that its patents pre-dated Google’s products incorporating similar multi-room audio technology. The judge alleges the link is invalid because Sonos “deceptively” inserted new material into the 2019 application without alerting the patent examiner of the changes. He notes that when a continuation application for a patent — as was the case with the 2019 application, which was filed as a “continuation” of the one filed in 2006 — includes material not included in the original application, the two cannot rightly be connected.
“When new matter is added to a specification of a continuation application by way of amendment, the effective filing date should be the date of the amendment that added the new matter,” Alsup wrote. This effectively means that Sonos’ “priority date” for the patent would be Aug. 2019, when the amended application was approved — not 2006.
Alsup additionally accuses Sonos of “an unreasonable, inexcusable, and prejudicial delay” in filing suit against Google. He states that in 2014, five years prior to Sonos’ 2019 patent application, Google had shared with Sonos “a plan for a product that would practice what would become [Sonos’] claimed invention” as part of an exploration of a potential collaboration. When that partnership failed to come to fruition, Alsup adds, Google began rolling out its own products that utilized the invention in 2015.
“Even so, Sonos waited until 2019 to pursue claims on the invention (and until 2020 to roll out the invention in its own product line),” he writes.
“This was not a case of an inventor leading the industry to something new,” Alsup continues. “This was a case of the industry leading with something new and, only then, an inventor coming out of the woodwork to say that he had come up with the idea first — wringing fresh claims to read on a competitor’s products from an ancient application.”
“Judge Alsup’s ruling invalidating the jury’s verdict is wrong on both the facts and law, and Sonos will appeal,” a Sonos spokesperson told Billboard in a statement. “The same is true of earlier rulings narrowing our case. While an unfortunate result, it does not change the fact that Google is a serial infringer of our patent portfolio, as the International Trade Commission has already ruled with respect to five other patents. In the end, we expect this to be a temporary setback in our efforts to hold Google financially accountable for misappropriating Sonos’s patented inventions.”
Google did not respond to a request for comment at publishing time.
Sonos first sued Google in January 2020, claiming the tech giant had infringed multiple patents for its smart speaker technology after gaining access to it through a 2013 partnership under which Sonos integrated Google Play Music into its products. Just two years after that partnership was reached, Sonos alleged that Google then “flooded the market” with cheaper competing products (under the now-defunct Chromecast Audio line) that willfully infringed its patented multi-room technology. Sonos additionally claimed that Google had since expanded its use of Sonos technology in more than a dozen other products, including the Google Home, Nest and Pixel lines.
The legal battle between the two tech companies has been protracted, with both sides going on the offensive at different points. In June 2020, Google filed suit against Sonos, alleging the smart speaker maker had actually infringed several of its own patents. Sonos subsequently filed two more lawsuits alleging that Google had infringed several additional patents it held.
Sonos filed one of those two cases with the U.S. International Trade Commission, which ruled in January 2022 that Google had infringed a total of five of Sonos’ audio technology patents and barred it from importing the infringing products from China. However, the commission also found that Google had successfully redesigned its products to avoid the Sonos patents and could continue selling those reworked versions in U.S. stores — an allowance Sonos had fought to prevent.
In August 2022, Google fired another volley with two additional lawsuits, claiming the smaller company used seven different patented Google technologies to instill the so-called “magic” in Sonos software.
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Source: Sony / PlayStation 5 / PS5 Slim
The rumors of Sony dropping a new PS5 model were true, but it’s not the “Pro Model” everyone was anticipating.
On Tuesday, October 10, Sony hit everyone with a big surprise when it unveiled a new, slimmer PS5 model. The new model dubbed the “PS5 Slim,” is slightly smaller and shorter than the original PlayStation 5 disc and all-digital model.
What’s New?
The new PS5 Slim is not only changing esthetically but will also have some improvements. It will also come with a much-needed 1TB of internal storage, and for owners of the new slim all-digital model, a detachable Ultra HD Blu-Ray drive will be available.
The new PlayStation 5 console boasts a significant overall reduction in volume of more than 30 percent and an up to 24 percent reduction in weight, depending on what console you purchase.
There is now a significant bulge on the side where the disc drive is that Sony says you can replace with a side panel if you’re not feeling the look.
Source: Sony / PlayStation 5
“There are four separate cover panels, with the top portion in a glossy look, while the bottom remains in matte,” Sid Shuman, senior director of SIE content communications, notes while speaking on the new console’s design in a blog post.
For those who purchase the PS5 Digital Edition, you can buy the Blu-ray disc drive later for $79.99. There are now visible slits on the console, giving it a much more sleeker look.
Gone is the single USB-C and USB-A ports. Instead, dual USB-C ports will be on the front of the console.
Source: Sony / PlayStation 5
Unlike the previous model, the new PlayStation 5 model will have a new horizontal stand. You have to dish out $29.99 separately if you want a vertical one.
Source: Sony / PlayStation 5
Price & Release Date
Source: Sony / PlayStation 5
The new PS5 model will arrive in North America in November at select retailers and Sony’s PlayStation Direct site for $449.99 without a drive or $499.99 with one.
Shuman says that the new PS5 model “will continue to roll out globally in the following months,” says Shuman. “Once inventory of the current PS5 model has sold out, the new PS5 will become the only model available.”
The announcement of the new PS5 model comes after an Insider Gaming report hinting at the tech giant working on a PS5 console with a detachable drive.
It also follows the massive Xbox leak revealing Microsoft’s plans to drop a “console refresh” of the Xbox Series X.
As you can imagine, the video game world is reacting to the news.
You can see those reactions in the gallery below.
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Photos: Sony
1. Interesting
2. Talk Yo Shi*t
3. The price hike does suck.
AI-powered hit song analytics platform ChartCipher has successfully completed its beta phase and is now accessible to the public, MyPart and Hit Songs Deconstructed jointly announced on Tuesday (Oct. 10).
“Our mission is to empower music creatives and industry professionals with comprehensive, real-time insights into the DNA of today’s most successful songs, and the trends shaping the music charts,” said Hit Songs Deconstructed co-founder Yael Penn in a statement. “Streams, engagement, and other performance metrics only tell part of the story. ChartCipher is the missing link. It provides comprehensive data reflecting the compositional, lyrical and sonic qualities fueling today’s charts.”
Added Hit Songs Deconstructed co-founder David Penn, “The correlations we can now draw between songwriting and production, spanning various genres and charts, offer unprecedented insights that have the potential to significantly enhance both the creative journey and the decision-making process.”
“ChartCipher’s beta phase confirmed that our AI analytics provide invaluable insights to music creatives and decision-makers,” said MyPart CEO Matan Kollenscher. “From selecting singles through exploring remix and collaboration opportunities to optimizing marketing investments and maximizing catalog utilization, ChartCipher equips users with unique, actionable data vital to making better informed business and creative decisions and understanding the musical landscape.”
Launched in April 2022, ChartCipher combines MyPart’s AI-powered analysis of songs’ compositional, lyrical and sonic qualities with Hit Songs Deconstructed’s analytics delivery platform and song analysis methodologies to offer real-time insights into the qualities that fuel today’s most popular music. The platform utilizes analytics from 10 of Billboard‘s most prominent charts going back to the turn of the century: the Billboard Hot 100, Hot Country Songs, Hot R&B/Hip-Hop Songs, Hot Dance/Electronic Songs, Hot Rock & Alternative Songs, Pop Airplay, Country Airplay, Streaming Songs, Radio Songs and Digital Song Sales.
“Billboard has consistently led the way in global music charts, and we are thrilled to introduce ChartCipher with analytics for 10 of their most prominent charts,” added Yael Penn. “Our longstanding relationship with Billboard, spanning over a decade, marks the start of an exciting new chapter. Together, we aim to provide even deeper, more actionable insights into the driving forces behind today’s most successful songs.”
Gary Trust, senior director of charts at Billboard, added, “Spotlighting ChartCipher’s intriguing insights about the sonic makeup of hit songs further rounds out Billboard’s coverage. We’re excited to add even more analysis of popular charting songs to our reporting on streaming, radio airplay and sales data, as provided by Luminate.”
To celebrate its official launch, ChartCipher has created a Billboard Hot 100 quiz available to anyone who would like to test their knowledge of the compositional, lyrical and production qualities driving the chart.
All products and services featured are independently chosen by editors. However, Billboard may receive a commission on orders placed through its retail links, and the retailer may receive certain auditable data for accounting purposes.
Unplugging from your phone can be a challenge — especially if you’re prone to FOMO, but Kim Petras has found an easy yet stylish way to disconnect (and it doesn’t require shutting off your phone). The Motorola razr has become one of the “Alone” singer’s favorite accessories, as it not only features the retro flip phone look, but has been modernized with a touchscreen giving you the ability to go on social media, create content and now, use new the Moto Unplugged feature.
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If you ever feel like taking a break from technology, the new feature allows you to customize your experience for specific situations, whether it’s going to the gym or just needing some time to focus on music lessons or school work. Petras especially has taken advantage of the new feature to focus her time and energy on other activities such as yoga.
“I get a lot of messages and calls all the time, so it’s really nice to be able to set your time and be doing yoga, or practicing meditation or putting down lyrics and just have no one bother you,” she tells Billboard. “And I love social media, I love my fans, but there’s definitely times where I just need to be focused on songwriting, need to be focused on details with the show — so it really helps to be able to just set yourself a time and a window [that] you’re not available.”
Motorola
The new Motorola razr doesn’t just feature Moto Unplugged, but comes in a variety of vibrant shades including a Summer Lilac and Sage Green. Its foldable design and Flex View capabilities allow you to customize your user experience, and it also has a camera-mirroring ability where people can see themselves while you snap a picture of them — or take a selfie.
And if you want additional savings, you can snag the Motoroloa razr+ in hot pink (Petras’ favorite shade) for 20% off on Amazon for Prime Big Deal Days.
Besides learning about the 33-year-old’s love for the brand, Billboard also had a chance to learn what she does in her off time, her Feed the Beast world tour and any must-have touring essentials.
What drew you to Motorola?
Well, I used to have the iconic pink Motorola razr, so I love the feeling of hanging up on people and just slapping it — it’s my favorite feeling in the entire world. But I just love this revamp, and when I saw that they had come out with the iconic pink color again, I was really into it. You know, I’m a ’90s baby, and I grew up with 2000s phones, and I love that you can use it as an accessory and clip it to your bag and clip it to things. I don’t necessarily always carry big bags, so like I clip it to my jeans or my T-shirt or things like that, which is really great because usually all I need is my phone and my cards,and that’s it.
Mario Schmolka
Any other favorite Motorola razr features?
I personally really love the outside camera that you can take pictures [of people with], and they can see themselves. I very often have to take so many pictures of people because, you know, it’s like back and forth, like they’re going to check if the pictures are good and all of that. It just makes it so much easier for me to find a pose, and find a good angle and find the lighting immediately when I can see myself on the camera on the outside of the phone.
How do you like to unplug from your phone?
I try to meditate — I love meditation. I think it’s kind of necessary if you have a job that’s really intense at times and really, really busy at times. I definitely listen to a lot of music, I make music, I write down little song ideas. That’s usually what relaxes me and keeps me unplugged from everything.
I have three dogs, so I make sure I get outside with them every day, which really helps. I love nature, I love planning trips with my friends and just being in nature, and around mountains, and beautiful things and I think that really kind of reminds me how kind of small my problems are and you know that I’m a person and not just a work machine, but I really, truly enjoy my work.
Looking at your Feed the Beast tour, what can we expect, and any song you’re looking forward to performing the most?
I’m very excited to sing songs from the newest project [Problématique]. I’m excited for honestly all the songs. I always have different kind of sections in my shows because I have many, you know, EPs and different projects that are very specific, different versions of myself — like “Turn Off the Light” is a very dark version of myself and then “Slut Pop,” which is a very over-sexualized version of myself, and I love kind of switching it up during the show.
I’m most excited honestly for people to see the stage. I worked really hard on the stage and it has kind of its own character and movement, and the technology on this tour is really, really sick. There’s a lot of surprises and the stage just kind of can transform and has a mind of its own, which is really cool and kind of makes everything a little eerie and haunted mansion feeling.
That’s perfect, just in time for spooky season.
Yes, totally, and spooky season is definitely my favorite. I’m such a fall person — I dread summer, to be honest. I’m so excited that I’m getting to go tour during this time because it’s beautiful everywhere during this time and I love being on a bus, I love looking out into the world and seeing different places.
Do you have any must-haves that you take on tour?
My Motorola razr, of course. I need a humidifier, that’s really, really important — the air is so dry traveling a lot [and] it’s just for my voice. Then I just like to bring cards. I like to play with my friends, my dancers with the crew. I play video games in my kind of little room on the bus and invite my friends to do the same thing and watch movies. My little teddy bear, his name is Teddy, who I take everywhere because I won’t have my dogs on tour — I’ve had him since birth and I take him everywhere with me, helps me sleep. And of course speakers, music all the time — there’s so many things, It’s very unfortunate. But, yeah, I just need to make my little room my own, hang up some pictures of my dogs, bring some things that remind me of them.
And are there any upcoming projects you can hint or tease?
My fans are always asking for more, they’re never satisfied, which I love about them — they keep me on my toes. I have an exciting collaboration coming up that I’m super excited about, which might be happening pretty soon. I have some pretty cool performances at some pretty cool televised things that I’m excited about, but mostly I’m just focused on this tour. I’m working on whatever’s next. Right after tour I’m going back to the studio — I’m writing on the tour, which I hope I come back from this tour with my next album, you know.
For more product recommendations, check out our roundups of the best Bluetooth earbuds, studio headphones and portable recording booths.
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Source: Atari / Save Mary
Blow the dust off your old Atari 2600 console. Apparently, there are still new games coming out for it.
The Atari 2600 first arrived in homes in 1977 and is nearly 50 years old, ceasing production in 1992, but that’s not stopping Atari from making games for the iconic console.
Spotted on the company’s website, Atari dropped two limited edition physical cartridges for Save Mary and Outlaw.
Atari reveals Save Mary was a victim of the 1983 game crash, keeping it from being released until now. Tod Frye developed the game that “will keep you on your toes as you build a platform that Mary can use to escape the flooding canyon. Use the crane to carefully lower the different blocks and piece together a platform that Mary can safely stand on — but be careful! If you swing or drop a block carelessly, you may end up crushing poor Mary.”
Outlaw Was Also Announced
Unlike Save Mary, Outlaw did see a release, first arriving in arcades in 1976 before coming to the Atari 2600 in 1978. The game was initially allowed for only a single gunslinger before the home version was optimized for two players.
The description for Outlaw reads:
Based on the 1976 Atari arcade game of the same name, Outlaw is an exciting game for one or two players set in the wild west. While the original arcade game only allowed for a single gunslinger, the Atari 2600 version released in 1978 gives you the option to play alone, where you can practice your aim against moving targets, or against another gunslinger in a contest to see who can first score ten hits against the other player.
As of this writing, both games are sold out. Who knows, there could be more games on the way.
But we are sure you can find them for resale and add them to your collection to play on the Atari 2600+ mini console coming in November.
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Photo: Atari
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Source: Smith Collection/Gado / Getty / 23andMe
Nothing is safe from hackers on the web, not even the information 23andMe.
Spotted on The Verge, genetic testing and analysis company 23andMe announced on its blog site Friday, October 6, that hackers stole user data and is currently making its rounds on forums on the dark web.
According to the website, hackers utilized recycled logins to access the compromised accounts.
Another website, BleepingComputer, reports that a hacker dropped “1 million lines of data” for Ashkenazi Jewish people and was being sold for $1 – $10 per account.
The stolen data includes users’ names, profile photos, genetic ancestry results, date of birth, and geographical location. 23andMe confirmed the bad news to both websites.
Per The Verge:
The company confirmed to BleepingComputer that the data is legitimate in a statement it also shared in an email to The Verge. In the statement, 23andMe managing editor Scott Hadly wrote that “the preliminary results of this investigation suggest that the login credentials used in these access attempts may have been gathered by a threat actor from data leaked during incidents involving other online platforms where users have recycled login credentials.” He added that there was no indication of “a security incident within our systems.” BleepingComputer reports other users’ data was scraped using one of 23andMe’s own opt-in features, called ‘DNA Relatives”
In 23andMe’s blog post, there are instructions for users to reset their password and set up multi-factor authentication.
There is also a link to the company’s privacy and security checkup page while also directing users to its support team’s email if they need further assistance.
More Than 7 Million Accounts Were Affected
A PCMag report indicates that more than 7 million accounts might be in the sale getting their information from a Dark Web Informer post that included a screenshot from the now-deleted hacker forum post.
23andMe’s CEO Allegedly Knew About The Hack Two Months Prior
In a damning report from ArsTechnia, hackers claimed that 23andMe’s CEO was well aware of the stolen data two months ago but opted to keep quiet about it.
23andMe has spoken about the hack on its official X account, claiming it has conducted an investigation but has “not identified any unauthorized access” to its systems.
Yikes.
If you have been on the fence about giving your info to 23andMe, this news will keep you away.
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Photo: Smith Collection/Gado / Getty
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Source: Anadolu Agency / Getty / X / Twitter
Elon Musk continues to give people all the reasons to take their business and mess to Threads or any other social platform.
X, formerly known as Twitter, continues its quick descent into social media platform obscurity thanks primarily to Elon Musk’s dumb a** decisions.
Delivering on a promise, X is no longer showing headlines from articles when shared on the platform. The reasoning, of course, is as stupid as ever. Musk believes it will “enhance the esthetics” on the platform he boneheadedly renamed to X.
“This is coming from me directly. Will greatly improve the esthetics,” Musk said on his personal X account back in August.
The decision to remove headlines could also result from Musk’s disdain for links driving people from the service while revealing that his platform’s content algorithm deprioritizes links.
Musk was not shy in sharing that information in response to a user who shared data revealing the drastic decline in referrals from X and Facebook to websites that deliver news over the last two years.
“Our algorithm tries to optimize time spent on X, so links don’t get as much attention, because there is less time spent if people click away.” Musk said, adding, “Best thing is to post content in long form on this platform.”
WHAT?
X Users Point Out How Dumb This Latest Change Is
As you can imagine, no one wants to read an entire news story in an X post, and this will also not help Musk and his X platform beat those allegations of aiding in the spread of misinformation.
“Along with pushing misinformation, removing the headline posts from articles makes it seem like someone is just making a caption with a photo and not an actual link to a story, which will cause less engagement for certain journalists/news orgs,” one X user wrote.
Matt Eason pointed out on the doomed platform that removing headlines from link previews has “completely broken” accessibility to the stories and could further deter users from clicking on the stories.
We’re just going to continue to pour one out for our former favorite social media platform cause the casket continues to lower into the ground.
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Photos: Anadolu Agency / Getty
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Source: Mario Tama / Getty / Netflix
Tudum. That’s the sound of Netflix coming to take more money from your bank accounts.
According to a Wall Street Journal report, Netflix plans to hit its subscribers with another price hike in a “few months.”
Per WSJ’s reporting, the movie streaming giant will raise prices in “several markets globally,” and subscribers in Canada and the United States will have the honor of paying the new subscription price first.
There are no details on how much subscribers will have to pay when the price hike hits, and Netflix hasn’t said anything since the WSJ’s reporting.
The latest news comes just a year after Netflix raised the subscription price for all its plans. The ad-free Standard tier rose to $15.49 / month and the Premium plan to $19.99 / month.
For those looking for a break, Netflix finally launched its long-rumored $6.99 ad-supported plan while chucking its $ 9.99-a-month ad-free basic plan.
The price hike could be the latest controversial decision for Netflix after it cracked down on password sharing and charging subscribers an additional $7.99 monthly if they share their account with friends.
Netflix Prices Hike Could Be In Response To The Strikes
It also should be no surprise that this price hike announcement comes on the heels of the WGA ending their strike and actors possibly returning to work soon.
Netflix could be waiting to hit its subscribers with the bad news when Hollywood is fully back to work.
Speaking of the strike, in the deal the WGA happily agreed to, streamers like Netflix, Disney Plus, and Hulu will now have to share information with writers on how well their content is performing.
The new deal will also see writers get a “minimum compensation increase of 18 percent for high-budget films, along with a 26 percent increase in residuals,” per The Verge’s reporting.
While the streamers are seemingly responding to having to pay writers and actors their fair share by increasing subscription prices, the WGA points out that the new contract’s cost will only account for “0.2 percent of Netflix’s annual revenue.”
If and when Netflix finally confirms the price hike, it will join the likes of Disney Plus, whose subscribers are prepping for a price hike at the end of the month.
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Photo: Mario Tama / Getty
Employees of Bandcamp sent a letter to Songtradr CEO Paul Wiltshire on Tuesday (Oct. 3) asking him to recognize their union, “extend [job] offers to all Bandcamp employees” and “maintain everyone’s current employment status,” including “current pay, working conditions, and benefits.” Songtradr, a music licensing platform, purchased Bandcamp from Epic Games last week.
“The integrity of the workers who build Bandcamp is a crucial aspect of the company’s ability to uphold its values,” Cami Ramirez-Arau, a support specialist, said in a statement. “Bandcamp’s core mission is best protected by retaining all workers and by those workers having a seat at the table.”
“We’ve been able to work effectively and directly with management at Epic Games to bargain collectively,” added Eli Rider, a data analyst. “We want to continue this process with Songtradr.”
A rep for Songtradr did not immediately respond to Billboard‘s request for comment.
Epic Games acquired Bandcamp in March 2022. Roughly a year later, Bandcamp workers filed with the National Labor Relations Board (NLRB) to authorize a union election. At the time, Rider told Billboard there was “a shift in our workplace conditions” after the sale.
“If you think about Bandcamp, it’s about paying artists fairly for the music that we love so much,” Rider added. “So, the workers that build the site and support it also would like to have fair and transparent wages.”
In a statement on Wednesday, Bandcamp employees said their union, Bandcamp United, was recognized in May and began bargaining with Epic Games in August. But the negotiations were not complete by September 28, when Songtradr announced it was taking Bandcamp off Epic Games’ hands, potentially wiping out any progress in the talks. A rep for the union said it was not aware that Epic Games was planning to sell Bandcamp.
The employees union issued a statement on Wednesday saying that Epic had told them that Songtradr “would be offering positions to some Bandcamp employees but not all.” Adding to the feelings of uncertainty and disarray: Most employees “have had critical systems access revoked by Epic management and have been unable to do their jobs.”
Ed Blair, a support specialist, said in a statement that “Songtradr not immediately recognizing Bandcamp United is a worrying indicator that they have misunderstood the value of Bandcamp.”
“The workers who make up Bandcamp United are essential for the future of Bandcamp,” he emphasized.
Bandcamp United also noted in its letter to Wiltshire that it “has garnered extensive support from the Bandcamp user community – and the public more broadly.”
“Recognizing us,” the letter stated, “would go a long way to establishing goodwill for Songtradr.”
When Wiltshire spoke to Billboard following the announcement of the Bandcamp acquisition, he called Bandcamp “a great platform.” He added, “There’s not a need to change it into anything other than what it is.”
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Source: Activision / Activision
Another year means a new Call Of Duty title. On November 10 you’ll be able to get your hands on Modern Warfare III but today (Oct. 3) Activision revealed the long-awaited trailer for the multiplayer mode of the video game.
Call Of Duty: Modern Warfare III is touting “16 iconic maps modernized for fast-paced combat” (that would be OG launch maps from 2009’s Modern Warfare 2). While we’re sure the campaign will be epic and the zombies will be cool, many players will check in strictly for the multiplier, and the trailer features a peek at all the assault rifles, SMG’s, snipers, kitted-out loadouts and tide-turning killstreaks you will surely desire. As for the soundtrack, it’s Emimen’s “Till I Collapse,” featuring the late, great Nate Dogg.
Starting Friday (Oct. 6), you’ll be able to play the Call of Duty: Modern Warfare III Multiplayer Beta all weekend on the PlayStation while you’ll get your turn the next weekend if you’re on an XBox or a PC.
Source: Activision / Activision
Also worth noting, Call of Duty: NEXT will go down this Thursday, October 5, and will be followed up by the Call of Duty Endowment (C.O.D.E.) Bowl IV.
Watch the new multiplayer action below.
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