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Sean Hollister

Sean Hollister

Senior Editor

Senior Editor

    More From Sean Hollister

    Sean Hollister
    Sean Hollister
    “It’s telling you not only is Android losing users to iOS; it’s losing users it really doesn’t want to be losing.”

    Taylor, showing us data from research company Kantar that suggests wealthier users, purchasing more expensive phones, are the ones disproportionally switching to Apple.

    She also showed us surveys that 87 percent of teenagers went for an iPhone in 2022, and that Meta’s internal research shows 34 percent of its Android monthly active users switched away from Android during the four-year period from 2016 to 2020 and 14 percent just from 2019 to 2020. (She did not show us how many switched from iPhone to Android during that period.)

    Sean Hollister
    Sean Hollister
    Professor Taylor talks slowly — and gets the jury’s attention.

    She’s speaking more slowly and deliberately than anyone who’s taken the stand yet, gesturing with her hands almost constantly, bidding us to remember things we’ve heard earlier, and providing regular analogies. Her lecture style definitely got the jury’s attention. So far, I’m only seeing them look away when there’s a new slide on screen.

    The judge doesn’t seem quite as enrapt; then again, he’d warned both parties earlier today about time.

    Update: She’s also clearly gunning for Dr. Bernheim, who was a force for Epic the other day. She keeps bringing up how he’s mistaken in one way or another, how some finding “wouldn’t be relevant in Dr. Bernheim’s world” for example.

    Sean Hollister
    Sean Hollister
    Google sinks a layup it lofted yesterday.

    We now know why Google asked Epic’s economist this question: “You didn’t base your conclusion on any documents created by Apple in the real world, did you?”

    Because Google’s economist Tucker did. “Why does it matter to you as an economist that Apple sees Google as a competitor?” Google’s lawyer just asked her.

    Her reply: “It matters when you see a competitor that’s not part of this case actually say we’re competing against Google Play.”

    Google is now walking through a series of slides and questions that show where they compete — so far, we’ve seen features (one will launch a new feature, the other will match) and pricing.

    Sean Hollister
    Sean Hollister
    Google’s second economist believes Google doesn’t have monopoly power at all.

    Catherine Tucker, an economist and MIT professor of management and marketing (and chair of the MIT Sloan PhD program, according to her bio), got any conflicts of interest out of the way early: her research group was last funded by Google 11 years ago, and she’s being paid $1,400 an hour plus a percentage of billings from her staff.

    Her conclusions are:

    1) In offering a product that facilitates interactions between developers and app users, Google competes with Apple and others

    2) The geographic market is the United States

    3) Google does not have monopoly power

    Those are some major ways to say Epic’s economists are wrong, and she doesn’t stop there: she says Epic turned “a single really easy to understand market into lots of little things... it allows them to carve off things, but in a way which doesn’t make sense.”

    Sean Hollister
    Sean Hollister
    Google points out Samsung was getting Google revenue share at the time Fortnite went to the Galaxy Store.

    It was Google’s last question to its first economist — we’re being introduced to its second now.

    Sean Hollister
    Sean Hollister
    A truly Epic what-if.

    Epic’s attorney just asked Google’s economics expert an intriguing theoretical during a long line of questioning: what would it take for a rival Android appstore provider to get the same kind of exclusivity that Google Play has now? What would that kind of competition take?

    “An equally effective app store would have to compensate not only for the RSA 3.0 revenue, but also for the loss of all the apps and APIs that come with the MADA?” Google attorney Even asked Google’s economist Gentzkow.

    Let me translate: if Amazon wanted to put the Amazon Appstore on a flagship Android phone, one which had opted into an RSA 3.0 contract in exchange for a substantial share of Google Play revenue and includes the APIs that let it be a full flagship Android phone (thanks to a MADA contract), wouldn’t Amazon need to pay enough to offset all those things that Google is providing, which would disappear without those contracts?

    Gentzkow was not happy with the question, and clearly wanted to say more, but he basically said yes.

    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.”