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Sean Hollister

Sean Hollister

Senior Editor

Senior Editor

    More From Sean Hollister

    Sean Hollister
    Sean Hollister
    Epic is coming at Google’s economist hard.

    Epic attorney Yonatan Even is flipping through pages of Google’s economist’s report that we haven’t yet seen in court — and flipping some numbers on their head.

    If only 19 percent of US devices have ever enabled Unknown Sources, doesn’t that mean 81 percent have never enabled it? Gentzkow says that’s right. It’s as high as 85 percent in Japan and 75 or 76 percent in Germany that haven’t enabled the ability to sideload apps, not once, ever.

    He also repeated a successful move Epic used a week ago with a different Google expert, pointing out fully one third of Google’s data on its devices was listed as coming from “unknown” countries as well as devices that weren’t actually phones. He got Gentzkow to admit he simply excluded an entire third of the data that may or may not have been relevant when preparing his charts and conclusions.

    Sean Hollister
    Sean Hollister
    Google’s economist admits Google paid him nearly $3 million.

    It’s so nice to get all these facts and figures out into the open, isn’t it! Gentzkow didn’t resist when Epic asked the question, admitting he makes roughly $1,000 per hour on this case and more.

    (The “nearly $3M” is as of March 2023, by the way; Gentzkow says the total is slightly higher now.)

    Sean Hollister
    Sean Hollister
    Google just showed Fortnite’s removal from Google Play didn’t hit Epic hard.

    When Fortnite was booted off the iPhone, its revenue tanked, we just saw in a graph— but after Google removed it from Google Play, we see its Android monthly revenue went from roughly $1M to $2.2M to a range of more like $0.5M to $1.75M during peaks. (I say “roughly” and “like” because the data points weren’t labeled but appeared between lines that represented every half million in revenue).

    That was measured between April 2020 and February 2021, according to the graph.

    We also saw a slide suggesting most Fortnite players bought their V-Bucks elsewhere: between April and August 2020, only 2.8 percent of US users purchased any at all from Google Play, with 40.3 percent opting for other billing systems and 56.8 percent purchasing none at all.

    Sean Hollister
    Sean Hollister
    Some other points Google’s economist has helped make:

    • 99.5 percent of Android app developer revenue comes from purchases that happen after an app has been downloaded — so Google only makes its money back on distribution once a purchase happens

    • Other platforms require their own payment system, like Airbnb, Amazon, eBay, Lyft, Uber, Taskrabbit, Roku, Steam, and Walmart

    • We saw a slide with 21 different bullet pointed items Google has added to Play to support developers over the years

    • In China, where Google is not so active, Gentzkow says app developers face a “fractured app store landscape” with service fees often higher than 50 percent (let alone 30 percent), and users see more fake apps, malware, and have more difficulty finding what they’re looking for

    • Only 0.4 percent of the devices capable of running Fortnite (as of November 16th, 2021) were on the RSA 3.0 Premier Tier, and so “RSA 3.0 did not block Epic distribution.”

    Sean Hollister
    Sean Hollister
    “Epic has paid these kinds of service fees at very high rates to lots of other platforms.”

    That’s Gentzkow, pointing out that Epic doesn’t seem to be biting the hand that feeds — it paid $471M to Sony, $260M to Microsoft, and $166M to Nintendo just from January to October of 2020, all platforms that impose a 30 percent fee.

    According to the slide, it also paid $60M to Apple, a company it did sue — and $17M to Gearbox during the same period.

    Sean Hollister
    Sean Hollister
    Google is downplaying the “premier tier” and says RSA 3.0 didn’t have an impact.

    While we saw yesterday that big China phone makers are choosing Google’s RSA 3.0 “Premier Tier” — which gives them more money from Google in the form of shared revenue but also requires more compliance in return — Google’s economist suggests most phones have not gone that way.

    Outside of China, only 7.4 percent of active Android devices are on the Premier Tier, according to one of the slides Google just presented, and roughly 27 percent of Android activations are on the Premier Tier as of July 2022.

    (The latter does seem like a lot to me, though, particularly if you buy one of Google’s common arguments in this trial that it serves billions of people and so even small percentages add up to a lot.)

    Sean Hollister
    Sean Hollister
    Google’s economist says revenue share was just another type of discount.

    “Revenue sharing is a way of cutting the price by offering more back to the other party,” says Gentzkow, suggesting that Google’s special deals (presumably with OEMs, since that’s where Google was sharing a cut of Play revenue), were just another way to compete.

    If he was referring to OEMs, I don’t quite follow the logic: who was Google competing with there? Google’s not competing to put Android on those phones, since OEMs couldn’t decide to put iOS on a phone instead.

    Is Google Play the product that it’s discounting beyond free to pay those developers to carry? And if so, doesn’t that cut against Google’s argument that those developers needed Google Play and other Google apps to compete with the iPhone?

    Sean Hollister
    Sean Hollister
    Google just took us back to 2008 when Symbian was still dominant.

    A pie chart from the earliest days of Android — or perhaps before it launched:

    Symbian had 49.8 percent of the market, and BlackBerry had 15.9 percent, with 12.9 percent for Apple, 11.1 percent for Microsoft, 7.2 percent for Linux, and 2.1 percent for Palm.

    I didn’t quite catch the full point that Gentzkow was trying to make, apologies. Google did point out that all those players have disappeared, save Apple.

    We’ve moved on to an argument that Google’s MADA agreements are good for competition because they help Google compete with the iPhone, which helps sell phones, and in turn, helps developer sell more apps. “The more phones are sold the more things are going to be downloaded,” he says.

    Sean Hollister
    Sean Hollister
    Google’s economist suggests it’s natural that developers wouldn’t open their own app stores.

    Continuing the “Macy’s and Nike” analogy where “Macy’s” is simply giving “Nike” a better deal in order to compete with “Galaxy Shoes,” Gentzkow says it’s natural that “Nike” wouldn’t be as likely to open its own store if it’s getting a good deal from “Macy’s” — that’s competition working, he suggests.

    “Project Hug offers valuable things to developers in exchange for putting their apps into the store, and it’s natural” to expect the “Nikes” of the world to put their latest and greatest apps on Google Play right away as part of said deal, he argues.

    Sean Hollister
    Sean Hollister
    What Epic called a “bribe,” Google is calling a discount.

    Gentzkow suggests all the things that Google offered developers in its special Project Hug deals were simply the equivalent of giving them a “17% price cut,” and bid us imagine a Macy’s competing with a “Galaxy Shoes” for Nike’s business.

    “Macy’s needs to compete for that business by offering Nike a great deal,” he says.

    We’re now off for lunch.