I'm aware, and if I may direct you to my previous comment. The "loophole" I suppose you could say, is that everyone payed for what was advertised for both consoles, and some got "extras" a bit early. The fact that the timed PS exclusive content isn't considered part of the core content, it technically doesn't violate the Antitrust Laws.
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The laws themselves are extremely confusing, and this has been going on for sometime in the video game industry so I suppose that makes sense...just seems shady, always has to me regardless of Xbox or PS exclusives...