176 – Breaking News & Latest Updates 2026
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Sean Hollister

Sean Hollister

Senior Editor

Senior Editor

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    Sean Hollister
    Sean Hollister
    Google originally gave carriers 25 percent because it was a very different time.

    Back then, many of the major carriers had their own stores. They get to promote, and they also make money off of the store — of their store, I should say. And so this is to try to give them an alternative that allowed them to monetize even with Android Market — to convince them to adopt a new market.

    The carriers would compete with Android Market?

    “That was part of the design. It has always ben an intention, as part of Android, to enable other stores” and other ways to download apps, he testified.

    Sean Hollister
    Sean Hollister
    We’re going old-school — back when Google promised the Android app store would not be “a profit center.”

    Chu says the original Android Market rev share was 70/25/5: “70 percent to developers, 25 percent to carriers, and Google kept 5 percent.”

    In an FAQ he drafted for the Android Market in 2008, he wrote “Google will not be operating the Android Market as a profit center” and “Google will collect a small charge to cover costs of handling and billing.”

    We learned earlier today that, in 2020, Google internally claimed that Google Play had become one of the most profitable businesses in the world and key to Android P&L — literally a profit center for Google.

    In a blog post he drafted that year, he wrote: “Developers will get 70% of the revenue from each purchase; the remaining amount goes to carriers and billing settlement fees — nothing goes to Google.” But according to an email we just saw, Google decided it should take 5 percent for processing fees.

    Sean Hollister
    Sean Hollister
    It’s not Hiroshi.

    We’re back from lunch, and instead of hearing from Android boss Hiroshi Lockheimer next, Epic is playing a December 2021 video deposition from Eric Chu, a former Google head of Android ecosystem who ran the Android Market before it became Google Play. He was succeeded by Jamie Rosenberg, who we heard from the other day.

    He left Google for Meta / Facebook.

    Sean Hollister
    Sean Hollister
    Pichai confirms individual Googlers got to decide what evidence to preserve.

    After dismissing the jury, Judge James Donato had some pointed questions for Google CEO Sundar Pichai about preserving evidence, most prominently:

    Is it your understanding that from 2008 through today and every day in-between, it had been Google’s policy to let each individual employee who was subject to a litigation hold to decide whether or not to preserve a chat?

    Pichai answered yes. Outside of some recent changes, “The employees have to make the decision.”

    What were the changes? “My understanding is we change the chat to be default-on now for all Googlers.”

    “So it’s done a 180, the default now is on for all employees unless someone opts out?” Yes, as of Q1 of this year.

    We’re going on lunch — and Pichai is done being a witness. We might come back with Android boss Hiroshi Lockheimer.

    Sean Hollister
    Sean Hollister
    Pichai says he didn’t use auto-deleting Google Chat for “substantive discussions.”

    “I typically use Google chat for administrative purposes, for scheduling purposes; I don’t engage in substantive discussions on matters related to all of this.”

    Someone might ping him to schedule a meeting on a related topic, he suggests, but he wouldn’t discuss it there.

    He could not swear in court that he’d never, ever chatted on a substantive topic. “Not that I recall,” he says.

    “Are you aware that Google produced 8 chats total with you as a participant?” asked Epic lawyer Moskowitz.

    “I was not aware of that,” he says.

    Sean Hollister
    Sean Hollister
    Google CEO Sundar Pichai says the relevant issues in this case that required him to preserve evidence were:

    Google Play

    How we operate our google play store

    The service fees we charge developers

    Various issues associated with it

    “That’s part of my understanding, I’m not a legal expert.”

    Sean Hollister
    Sean Hollister
    Epic is attempting a “buck stops with Pichai” line of questioning.

    “You understand Google did nothing to make sure Google employees were chatting on the record, right?” asks Epic attorney Lauren Moskowitz.

    “And you understand Google relied on individual users to decide whether the subjects they were discussing were relevant,” she asks in a follow-up.

    Pichai says he relied on his legal and compliance teams. The buck does not stop with Pichai here, then; Kent Walker can’t get here soon enough.

    Sean Hollister
    Sean Hollister
    Pichai makes a rare fumble.

    Epic is grilling Pichai for the last time(s) now Google is basically done with him — and he just suggested that Netflix could be sideloaded before (seemingly) realizing his mistake.

    “Do you believe that Netflix offers the Netflix app for sideloading by users on Android?”

    “I do not recall them doing so,” he admits.

    Now, we’re debating if he knows how many steps it takes to install an app on a PC versus an Android phone after downloading from a website. He repeatedly says he doesn’t know exactly how many steps any given thing takes but admits it probably takes fewer steps on a PC.

    On Android, he suggests it may only take a few steps, particularly if a user has already turned on Unknown Sources.

    Sean Hollister
    Sean Hollister
    Google is done with Pichai.

    Is Epic right when it says it’s trying to stifle choice, asks Google’s lawyer. I think you can guess Pichai’s answer.

    “Our mission is to provide access to information, to make it universally accessible and useful,” says Pichai.

    “Android is unprecedented, there’s never been a free and open operating system that’s reached two and a half billion users,” he adds.

    Sean Hollister
    Sean Hollister
    Pichai: “We don’t want to allow you to completely compromise your phone.”

    “It can install malware on your phone... it can really compromise your safety, very significantly,” says Pichai of unknown, sideloaded apps on Android.

    “We’re trying to strike a balance. Apple’s iPhone only allows the App Store, but we believe in choice, so on Android we allow you to sideload and install additional applications.”

    “It’s like a seatbelt in a car, we are adding the protections so you can use it safely.”