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Sean Hollister

Sean Hollister

Senior Editor

Senior Editor

    More From Sean Hollister

    Sean Hollister
    Sean Hollister
    Epic’s turn with Android’s co-founder.

    Epic attorney Yonatan Even began by throwing Miner’s words back at him from 15 years ago — back when he told a Harvard University audience that he believed “monopolistic control” was “not necessarily a good thing” and that Android wanted “even playing fields.”

    “If we don’t excel, shame on us, what we don’t like is when someone else has a competitive advantage,” he said.

    You may be able to find the video right here — the place and year match up, but I can’t seem to download it on courtroom Wi-Fi to be absolutely sure.

    In an old deposition, Miner said under oath that he “maybe” thought the intent was that a level playing field should apply to Google Play when other developers build app stores, too.

    Sean Hollister
    Sean Hollister
    Android’s Miner says he was part of the problem.

    Android co-founder Rich Miner says he helped cellular carrier Orange build a walled garden of apps. That’s where he worked before he joined the original Android team, and he said it led to user confusion about where to go for apps.

    But carriers “eventually realized and heard us when we talked about the ability to have one place worldwide that was collecting apps and would have the ability to distribute on their network,” he says.

    Sean Hollister
    Sean Hollister
    In case you’re wondering why an Android co-founder is here:

    Google has been trying to explain from the beginning that the Play Store’s fee is the primary way Google gets paid back for its $40 billion investment in Android over the years. (It also gets advertising revenue, of course.) It also wants credit for opening up the app market from the tight grasp of cellular carriers.

    We were supposed to hear from Andy Rubin, the embattled “father of Android,” but we haven’t had any sign that his taped deposition will wind up getting played in court.

    Right now, he’s just saying some things about why the early team wanted Android to be designed as an open platform and explaining how hard it was to get an app onto Verizon’s app platform back in the day.

    Sean Hollister
    Sean Hollister
    “We were half a dozen hackers, a couple dogs in the garage model of a startup at that point.”

    Rich Miner on the early days of Android, pre-Google acquisition. I’ll have to check whether that’s the founding story or the founding myth, as some of the Valley’s famous garage startup stories aren’t quite accurate.

    “Phones and mobile networks were boring, the internet was all the rage” was the idea, and Android started talking to Google just in hopes of an endorsement, he said.

    Sean Hollister
    Sean Hollister
    We have a real live witness again in Epic v. Google — Rich Miner, co-founder of Android.

    He’s still at Google, he says, and came to be part of Android because he also invested in Danger, Andy Rubin’s startup that was responsible for the Hiptop (which you may know better as the T-Mobile Sidekick).

    Full disclosure: my dad worked for Danger back in the day, and I used Sidekicks to type all my college notes and email them to myself.

    Sean Hollister
    Sean Hollister
    One of Riot’s top priorities for a Google deal was being able to partner with Epic — so what happened?

    Riot had three “Google negotiation tradeoffs/priorities” in 2018:

    1.) Web top up yes/no by region

    2.) Promotional $ amount

    3.) Exclusivity

    Under exclusivity, there were two sticking points:

    a.) ability to go APK in addition to Play

    b.) ability to partner with Epic, Signtel

    Riot’s CFO says nothing about the Google deal kept it from shipping an APK or putting the game on other stores. So why didn’t Riot ship an APK or put the game on Epic?

    At the end of a long deposition, Sottosanti is no longer being categorical that there was no arrangement — we’re actually leaning slightly the opposite way. He doesn’t know for sure, and he says there was indeed a perception that Google wouldn’t want to do the deal if Riot bypassed the Play Store, even if he was not aware of any formal business agreement or informal understanding not to do so.

    Sean Hollister
    Sean Hollister
    Riot Games wrote an entire internal document about circumventing Google Play.

    Titled “Self Publishing Games — Circumventing Google Play” and written by a pair of senior Riot Games engineers (including the company’s chief architect, if my eyes are clear), the document lays out a plan to build a launcher not unlike the Fortnite Launcher by Epic:

    In order to support bypassing Google Play on Android phones we would need to build capabilities in the following areas:

    Installer

    Game Website

    Game Client

    Game Client Patcher

    Mobile Payments

    The “complexity” of most items is listed as “low” “very low” or “none,” with the exception of mobile payments, which is listed as “Medium (new capability).”

    “All of the capabilities built in the process of preparing self-publishing for LR are reusable and can be then applied (after proper skinning) to other mobile games released by Riot,” the page ends.

    Riot’s CFO dismissed it as an “initial educational document from technical to business people” about “what it would take” to make such a thing happen.

    Sean Hollister
    Sean Hollister
    Epic is trying to make Riot’s CFO look like a stooge.

    Google got him to categorically shut down the idea that Riot was in any way persuaded not to bypass the Google Play Store with its mobile games — but Epic’s lawyer is pointing out that a separate Riot Games employee, Brian Cho, had conversations with Google that didn’t include the CFO.

    Epic is also pointing out that Riot’s typical strategy of attempting to distribute a game as broadly as possible and prioritize its own payment system (where it pays “generally between 2 and 5 percent, depending on the partner” on PC) doesn’t gel with the idea it would only ship the Android version of its game on the Google Play Store.

    In fact, a 2018 Riot mobile strategy document has a line reading, “Steps can be taken to drive players into relatively low fee channels, preserving margin.” Yet Riot doesn’t allow players to sideload its APK on Android, where it could do just that.

    I expect Epic will come back to some of these other bullet points in just a moment. Update: Yep, sure enough, Epic just brought them up moments after I pressed publish.

    Sean Hollister
    Sean Hollister
    Riot Games says it’s still bringing its games to console — namedropping Xbox and PlayStation.

    When will Riot’s games come to consoles, as the company has promised for years?

    It’s not yet clear — but in sworn testimony for the Epic v. Google trial recorded just weeks ago on October 27th, 2023, that we heard live in court, Riot Games CFO said, “We’re working toward making them available on console platforms such as Xbox and Sony PlayStation.”

    Sean Hollister
    Sean Hollister
    “Did anyone ever tell you that the Games Velocity Agreements were offered to Riot in exchange for Riot’s agreement not to develop an app store?”

    No, says Riot’s CFO. Google’s attorney Michelle Park Chiu asks the question many other ways, just to be crystal clear — and Riot’s CFO says there was no implied agreement, no understanding, nothing of any sort that would have kept them from developing an app store.

    And if there were, he would have been aware of it as CFO, he testified.