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Sean Hollister

Sean Hollister

Senior Editor

Senior Editor

    More From Sean Hollister

    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.”

    Sean Hollister
    Sean Hollister
    Pichai defends Google’s higher fees for Google Play vs. Chrome Web Store.

    “The people on mobile phones rely on app stores to discover applications. It is the primary source of discovery, it has mobile APIs so people can actually build applications, it provides the safety and security for users so they can trust those applications.” He goes on to add that it provides payments and more.

    “It offers substantially more value,” Pichai concludes.

    Today, the Chrome Web Store only offers extensions, he says.

    Sean Hollister
    Sean Hollister
    In case you’re curious, a note on Pichai’s demeanor.

    He’s been his usual self the entire time so far: soft-spoken, respectful, not argumentative, just occasionally trying to explain more. He’s easily the most polished witness on the stand so far in this case.

    He’s also the only one I’ve seen looking at and gesturing to the jury, like he did a few minutes ago: “Why would you go to the Chrome store and type in Netflix when you could just use it?” he said, pointing out that the Chrome Web Store couldn’t justify as high a fee as the Play Store on Android.

    Sean Hollister
    Sean Hollister
    Google CEO Sundar Pichai on his obligations to preserve evidence for trial:

    He says his legal hold instructions were:

    I was instructed to preserve documents be it email, my documents on my computer or physical documents, and not to use chat regarding the litigation matter, and if I used chat, to turn history on.

    Did you follow these instructions? “Yes I did.”

    And, Pichai and Google say, Epic’s smoking gun “chat history off” request was about a “Cloud Next Keynote” event. Nothing to do with Android, Play, or this lawsuit, he attests.