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More from Epic v. Google: everything we learned in Fortnite court

Sean Hollister
Sean Hollister
Here’s why Epic says Google shouldn’t get to delay its court-ordered app store changes.

Will Google begin opening up its store on November 1st, or will it get to delay for years on appeal? We’ll find out tomorrow; in the meanwhile, you can read Epic’s opposition at the link below.

Epic argues Google’s already had plenty of time to change things — since the jury’s verdict was 10 months ago.

Sean Hollister
Sean Hollister
On Friday, we’ll hear whether Google can delay cracking open Android.

Last week, Judge Donato ruled that Google would have to open up Android to third-party app stores starting November 1st — but Google immediately filed an appeal and asked for an emergency stay.

Now, the judge will hear Google’s motion on October 18th. If he grants it, it could be years until Google makes changes, even if higher courts agree with his ruling.

“A hearing... is set for October 18, 2024.”
The judge’s latest order in Epic v. Google.
Image: CourtListener
Emma Roth
Emma Roth
Google wants to block Epic’s requested changes while it appeals antitrust verdict.

Following a final ruling that says Google will have to open up the Play Store to third-party marketplaces, Google reaffirmed its plans to appeal the decision.

At the same time, Google is also asking the court to pause Epic Games’ requests to distribute rival app stores and adjust its payment system. Apple was granted a reprieve during its Epic legal battle last year.

Richard Lawler
Richard Lawler
“Google did not request that Samsung create their Auto Blocker feature.”

That’s according to Google’s head of Android security, David Kleidermacher, who is publicly pushing back on the claims made by Epic Games in its new lawsuit against Google and Samsung.

Earlier, Samsung said it plans to “vigorously contest Epic Game’s baseless claims.”

That’s why Google offers its own safety features such as Google Play Protect, which checks for harmful apps on a user’s device, regardless of where the app was downloaded. Android device makers are free to innovate and design additional safety features for their devices. To make this about access to a game is deliberately misleading; this is about user safety. And Epic’s lawsuit puts their corporate interests above user protections.
Screenshot: @daveksecure (X)
Sean Hollister
Sean Hollister
Samsung won’t confirm or deny whether it worked with Google on Auto Blocker — or whether it actually scans for threats.

Google, too, wouldn’t confirm or deny whether it worked with Samsung on the feature, which is now the target of a new Epic Games lawsuit against both companies.

Instead, Google tells The Verge that it’s “a meritless lawsuit”; Samsung tells us it plans to “vigorously contest Epic Game’s baseless claims.”

Sean Hollister
Sean Hollister
Tim Sweeney says his Epic lawsuits are all about freeing the youth:

We want our kids to grow up in a world that’s better than this one. I grew up in an awesome world for developers and opportunity, the early days of Apple II computers and PCs, and anybody growing up, coming of age in this industry right now, is best case going to be an Apple and Google serf. That has to change. That must change.

Not surprising to hear the man behind “Nineteen Eighty-Fortnite” say this, but it really does encapsulate his war with the tech industry. More on the latest lawsuit here.

Thomas Ricker
Thomas Ricker
Google issues response to Epic wishlist.

It’s exactly what you’d expect after the Fortnite maker said it was entitled to everything and a bag of chips due to its antitrust victory in federal court. Google wants Judge James Donato to think different:

“Epic’s demands would harm the privacy, security, and overall experience of consumers, developers, and device manufacturers. Not only does their proposal go far beyond the scope of the recent U.S. trial verdict – which we will be challenging – it’s also unnecessary due to the settlement we reached last year with State Attorneys General from every state and multiple territories.”

We’ll find out exactly how Android and the Google Play Store will change in a hearing that begins on May 23rd.

Sean Hollister
Sean Hollister
Epic juror confirms Google’s deleted chats were a factor in the verdict.

Xu Yuan, a friendly courtroom reporter for MLex that I sat with regularly during the trial, managed to obtain an interview with one of the Epic v. Google jurors — who confirmed that Google’s deleted chats affected their decision.

That same juror found Tim Sweeney “very honest” and more credible than Google’s CEO.

Epic CEO Tim Sweeney: the post-trial interview

An interview with Epic Games CEO Tim Sweeney.

Sean Hollister
Sean Hollister
Sean Hollister
And here is Epic’s celebratory blog post after the Epic v. Google ruling.

In case you’re wondering why Tim Sweeney was thanking jurors on behalf of 1 million developers... it’s part of this blog post, too.

Sean Hollister
Sean Hollister
Google will appeal the Epic v. Google verdict.

We plan to challenge the verdict. Android and Google Play provide more choice and openness than any other major mobile platform. The trial made clear that we compete fiercely with Apple and its App Store, as well as app stores on Android devices and gaming consoles. We will continue to defend the Android business model and remain deeply committed to our users, partners, and the broader Android ecosystem. - Wilson White, VP, Government Affairs & Public Policy

That’s not surprising: a jury gave Epic a total victory today.

Sean Hollister
Sean Hollister
Here is Tim Sweeney’s victory tweet following the Epic v. Google verdict:

“Victory over Google! After 4 weeks of detailed court testimony, the California jury found against the Google Play monopoly on all counts. The Court’s work on remedies will start in January. Thanks for everyone’s support and faith! Free Fortnite!”

Sean Hollister
Sean Hollister
In the hallway, Epic’s attorneys are taking photos with the jurors.

The jury is all smiles. “The one million game developers who couldn’t be here thank you,” says Sweeney, as they head into the elevator and down out of the courthouse.