Sean Hollister

So he’s seemingly being forced to admit he doesn’t know various facts and figures and processes now — like how often Google Play is preinstalled on phones or the quantity of apps on Play versus the Amazon Appstore.

She also tried to suggest he ignored the 3.4-star rating for the Move to iOS app he demoed, choosing to focus on its 100 million downloads instead of its 180,000 reviews, and points out he skipped steps in his demo.

“You skipped messages for example?”

“I did, yes,” he admits.

Here’s what’s at the top of that document, written by Gennai:

Why did he write the “competing on price (rev-share) is prone to be a race to the bottom” bit, asks Google’s lawyer.

“If that that were to become known, other developers would come to us to do the same, and... negotiate it down, and that would play out badly for us,” said Gennai.

Correction: I originally missed a bunch of text in the middle of the document; it has now been added.

Google’s point seems to be that switching between Android and iOS is not that difficult, and I largely agree, but not because of what was just shown. This demo doesn’t show lots of other switching costs beyond initial setup (including carrier-gated things like making visual voicemail work properly), and I would argue it’s harder to go from iPhone to Android than the other way around.

What about subscription devs who were paying 0 percent back in the day?

“We knew we were going to have to come around and correct that problem,” he adds.

This does not explain Spotify’s current 0 percent rate, or its special offer to Netflix, or other deals we’ve seen in court, though.

But it is a defense for another point Epic has made about how Google was not enforcing Play Store Billing evenly.

“Why did Google choose to invest in the Play Developer Console the way you described?” asks Google’s attorney Jonathan Kravis.

“Our business model was aligned with the business model of developers, when they succeed, we succeed,” was the core of his answer.

Now, Google’s showing that Google didn’t just copy Apple App Store features — Google introduced promo codes and pre-registration for apps first, he claims, and quickly followed Apple with apps for kids and a subscription game library. The reason: “We wanted to stay competitive to Apple’s App Store.”

In 2010, he joined the Android team as a product manager reporting to Jamie Rosenberg, whom we’ve already heard from in court. He worked on Android strategy — and was intimately involved in Play Store decisions, it seems.

Follow along here:

I can now give you a slightly better idea — last night, Epic and Google submitted dueling proposed jury verdict forms (pdf). As you’ll see right away, Epic is trying to avoid defining the market, while Google is asking jurors if Epic proved that an “Android app distribution market” and an “Android in-app billing services market” exist to begin with.

It can’t be both ways: only one final judge-edited verdict form will reach the jury.

I got a tad too busy with daily live courtroom reporting and some gaming handhelds to write or edit this month’s column, but I promise it’ll be back in January! Hint: think blue.

Here’s how we ended the day: Judge Donato told Epic that he doesn’t believe any of Google’s conduct reaches the standard of being “per se anticompetitive.”

“I’m perfectly fine with rule of reason but I’ve having trouble saying they’re so egregious on their face,” he said.

Epic lead attorney Bornstein says he’s only seeking per se for the Project Hug agreements with Riot, Activision, and Supercell, and the judge says he’s willing to hear more but isn’t inclined to take this away from the jury. He thinks we’ll be deciding everything under the rule of reason standard instead, partly because of a Circuit Court decision (presumably referring to where Epic v. Apple went on appeal.)

Judge Donato also wanted to know where Epic thought we’d land on the relevant product market, and Bornstein said he’s handling it differently than in Apple because of Google’s very different structure of business relationships. The judge wound up saying, “I don’t think aftermarket concepts are in play here.”

I am not a lawyer or even a legal reporter, so I’m not going to translate any of this for you on the spot. It’s not worth getting it wrong.