175 – Breaking News & Latest Updates 2026
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Sean Hollister

Sean Hollister

Senior Editor

Senior Editor

    More From Sean Hollister

    Sean Hollister
    Sean Hollister
    Epic is slowly trying to prove Google had a potentially anticompetitive relationship with Samsung.

    While Android boss Hiroshi Lockheimer has already admitted he thinks of Samsung as both a partner and competitor, Epic is now pursuing the handshake deal angle it alluded to the other day in court.

    For example: Lockheimer emailed Samsung Mobile president DJ Koh on July 11th, 2014, to say he was “surprised” that Samsung went ahead with a big Galaxy Store rebrand without his knowledge (technically, that one was called Galaxy Apps).

    Koh was then cc’d on an email back to Lockheimer explaining away the change:

    We definitely don’t want to compete with Play Store, but we had to make some changes to it to provide Samsung customers with better value. So they (folks at MSC) decided to re-brand the store to Galaxy Apps and this new store will only have a few hundreds apps.

    Lockheimer says he was surprised simply because he’d just been in Korea to meet with Samsung, and it didn’t mention Galaxy Apps.

    He also agreed that he sometimes texted DJ Koh on the side as part of the business relationship.

    Sean Hollister
    Sean Hollister
    Epic is trying to prove that no Android smartphone in the United States is produced “open source and free.”

    “That Android Open Source Project is not being used by any Android smartphone in the United States today, right?”

    Lockheimer won’t go that far. He says he doesn’t know. But he also says he can’t name a single phone that only uses AOSP without also bundling GMS (Google Mobile Services) apps on top — which requires signing a MADA contract with Google.

    (When it’s Google’s turn, Lockheimer might get to explain that Google’s long used contracts to prevent Android fragmentation, giving users a better chance of getting their phone updated.)

    “GMS is a highly sought after set of products, and it brings OEMs to the negotiating table. If we put all GMS in market, there’s less incentive for OEMs to negotiate for GMS,” Lockheimer wrote in a 2011 email.

    Sean Hollister
    Sean Hollister
    Epic is diving into AOSP.

    While it is sadly not on our bingo cards, the Android Open Source Project is indeed one of Google’s regular defenses in this case — Google, including CEO Sundar Pichai, have explained that anyone can go build an Android phone if they don’t like Google’s practices or apps because Google makes the core software available for free.

    Now, Epic is quizzing Android chief Hiroshi Lockheimer about it. If you’ve been following my dispatches from the trial, you probably know what’s coming next. (Epic will try to show that AOSP isn’t enough to make a phone viable.)

    Sean Hollister
    Sean Hollister
    Anybody know when Google suggested people change their phone every six months?

    I don’t remember hearing that, but Epic lead attorney Gary Bornstein just asked Hiroshi Lockheimer, “True or false: people change their phones every six months?” Lockheimer said no, and Bornstein said, “So that statement we heard earlier in this courtroom: false?” and that didn’t make any sense to Lockheimer (who hasn’t been in the room) or me.

    Maybe I missed something. Google didn’t object, so perhaps it happened.

    Sean Hollister
    Sean Hollister
    Hiroshi Lockheimer has taken the stand in Epic v. Google.

    We’re now hearing from Google’s leader of Android, Chrome, ChromeOS, and other things — Hiroshi Lockheimer leads the platforms and ecosystems team, and he’s been one of the public faces of Android for many years. The Verge’s staff have often spotted him at events.

    He says Jamie Rosenberg, a former head of Google Play who took the stand yesterday, reported to him.

    Sean Hollister
    Sean Hollister
    “So bottom line is that we’re protecting already at risk Play revenue at the cost of YouTube opportunity cost and growth...”

    Semi-privately, Chu believed it was bad for YouTube to switch to Google Play Billing, despite being fair.

    “That revenue is at risk already... but the opportunity costs for Youtube to move to Play is that instead of rolling out new features and whatnot, YouTube is spending time migrating to Play,” he told attorneys in the 2022 video deposition.

    Sean Hollister
    Sean Hollister
    Incredibly, Chu appears to have resisted Google Play Billing when he started working for YouTube.

    We saw earlier in the trial that YouTube long resisted switching to Google Play Billing, which seemed... mighty convenient for the Google-owned property when Google pushes other developers that way.

    Now, we’re seeing that original Android app store boss Eric Chu helped defend that decision — for a time — when he joined YouTube in 2018.

    “Data integration will significantly limit YouTube’s ability to innovate — significant eng efforts at the expense of moving our paid business forward,” he wrote. Later, in 2020, he suggested that YouTube would need to do so to achieve fairness for all developers, both first party and third party, but was still worried about the costs.

    His YouTube comments are from a January 2022 deposition, not the original 2021 one I mentioned earlier.

    Sean Hollister
    Sean Hollister
    Two more Googlers who spoke out against Google keeping a percentage:

    A Google developer advocate, Reto Maier, in July 2009:

    I was wondering why we made this change? I’m worried that I can no longer say ‘Google doesn’t take a cut, we just cover our transaction costs’. Why not give developers more and pressure carriers to reduce the cut?

    I missed who wrote this one, apologies:

    We have previously said that we don’t make money from Market, we are now lying. Let me repeat that, we are now lying to our developers by not making this change public (for 6 months now!)

    Google’s public blog post in October 2008 introducing the Android Market explicitly stated that “Google does not take a percentage.” I’m not completely clear if Google was already taking 5 percent at that time.

    Sean Hollister
    Sean Hollister
    “Things could get ugly once people find out.”

    Rubin’s 70/30 rev share decree came as a surprise — because it was already sharing 95 percent in some regions.

    “As requested (re Eric Chu) we have changed the default developer revenue share from 95% to 70%. This is live in production now,” reads a June 2009 email.

    Some employees thought Google was Being Evil (back when its motto was Don’t Be Evil) and protested the decision in internal emails. (That’s two bingo card stamps right now, if you’re keeping track.)

    Here’s how Android engineer, Jean-Baptiste Queru, reacted in an email:

    As an outside developer, I’d mostly think “evil”. It’s hard to justify the storyline that we’re trying to change the mobile industry if the reality is that the mobile industry is changing us. I hope that Google is ready to defend that new position in public as things could get ugly once people find out.”

    Sean Hollister
    Sean Hollister
    Andy Rubin decreed that Google would keep 30 percent of revenue for Android phones sold outside carriers.

    We just saw an 2009 email where Android co-founder Andy Rubin told early app store boss Eric Chu that Google wouldn’t just keep a “processing fee” when carriers weren’t part of the equation — it would keep the extra 25 percent it was promising to carriers, too.

    It’s not a discussion between Rubin and Chu, at least not in this part of the email thread. Chu asks, and Rubin replies: “70/30 worldwide.”

    Rubin makes it even clearer in another equally blunt email:

    70% to developers

    30% to Google