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Sean Hollister

Sean Hollister

Senior Editor

Senior Editor

    More From Sean Hollister

    Sean Hollister
    Sean Hollister
    And we’re done through Thanksgiving. We’ll be back Monday for day 11 of the trial.

    Judge Donato believes we may be able to finish by next Friday, December 1st — and he’s calling us all in that day. (Usually court here is Monday through Thursday.)

    He’s also telling both sides we don’t need to go through sideloading screens or redefine what MADA is or go through anything we’ve already heard three times before. “We’re going to start losing people,” he says.

    “Everything new and fresh next week, otherwise I may have to ask you to stop.”

    Next week, we’ll hear from both side’s economists. Then Google plans to call six witnesses (including three Google employees) to help bring its counterclaim against Epic (for breach of contract, etc.).

    Both sides are supposed to file their final proposed jury instructions tomorrow — the questions the jury may actually have to decide (pending approval by the judge).

    Sean Hollister
    Sean Hollister
    Judge Donato really wants all of us out of here on time today.

    “Let’s not talk about a party that none of us were invited to but you two,” Judge Donato chided Epic’s lawyer, who keeps showing Dr. Qian things he said previously.

    Earlier, the judge said we needed to finish the cross-examination of Google’s expert today no matter what. “You’ve got 15 minutes,” he said five minutes ago. “Remember this is an antitrust case.”

    I wonder what he meant by the last part.

    Sean Hollister
    Sean Hollister
    Today I learned that Google adds “frosting” to check if apps are signed even if they’re distributed outside Google Play.

    Epic’s lawyer just asked about the frosting (is this it?), and Google’s security expert says he’s heard of it. The point seems to be that Google does already have a mechanism for signing some apps outside the Play Store, reportedly for peer-to-peer distribution. Epic pointed out a while ago that some countries, including India, tend to distribute apps peer to peer rather than solely over the internet.

    Sean Hollister
    Sean Hollister
    “If Google decides that an app is seriously problematic, Google is going to reject that regardless of where the app comes from, right?

    Epic’s attorney is trying to get Dr. Qian to admit that Google has the capability to block bad apps, period. But apparently he already, did in an old deposition, so he didn’t need to say it again in court today.

    I’m fascinated with how many questions in this courtroom have been a lawyer asking something they already asked months ago — partly so the jury can see if they’re being consistent and partly so the lawyer can get to a new question that builds on top of the previous answer.

    Sean Hollister
    Sean Hollister
    Epic is attacking the Google expert’s conclusion that a billion Android users have enabled Unknown Sources.

    We’re looking at a spreadsheet of Android devices by country that Google’s expert used to come to the conclusion that 53 percent of Android users outside China have successfully enabled the sideloading flow.

    In particular, Epic has found that 880 million devices were listed as from unknown countries. Epic also found that smart TVs and Chromecasts were included in his data.

    Dr. Qian is saying these findings don’t change his conclusion.

    We’ve never seen this spreadsheet or his chart before in the courtroom — we’ve only heard the billion user figure stated as fact.

    Sean Hollister
    Sean Hollister
    Google’s expert concedes he’s likely been paid $120,000 by Google to be here.

    Told ya. He’s Epic’s witness again, and it was the very first line of questioning.

    Sean Hollister
    Sean Hollister
    “Google would have to monitor all apps outside the Play Store that it has previously reviewed.”

    Dr. Qian is asserting that Android would be less, not more safe if it notarized apps because they could become compromised over time — requiring Google to follow up.

    He also suggests users could be desensitized to the new warning screens and just click through. (But doesn’t that apply to any warning screen? What’s the point of mass warning screens at all if we assume desensitization by default?)

    And, he suggests, a bad actor could steal the key to sign bad apps, making them look like good ones. He says that’s not just a theoretical risk.

    (I’ll point out that a Microsoft signing key got stolen and led to the theft of US government emails.)

    Sean Hollister
    Sean Hollister
    Google argues there would be “profound ramifications” if it changed its sideloading prompts.

    “There are profound ramifications on the entire Android ecosystem, all the stakeholders.” says Dr. Qian, who suggests Android OEMs would need to agree and would want to negotiate.

    I’m not necessarily buying that argument: haven’t we seen in this trial that Google mandates quite a few things with regards to its partners? Maybe a Samsung has the bargaining power, though.

    Sean Hollister
    Sean Hollister
    “Google Play Protect for off-Play apps is inherently less effective compared to Google Play protection.”

    Google’s own head of security explained this to us a few days ago, but Qian is taking another stab — he says that because Google Play doesn’t have a “relationship” with off-Play apps, has less information, it isn’t as effective.

    He says bad apps can use polymorphism to avoid detection by scan, making “every single version look different.”