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Sean Hollister

Sean Hollister

Senior Editor

Senior Editor

    More From Sean Hollister

    Sean Hollister
    Sean Hollister
    “It’s a market fee, not a monopoly fee.”

    “The service fee you see here is exactly the same fee that Epic pays in the Nintendo store, the Xbox store, the Steam store,” says Pomerantz. “All these stores charge a mega developer like Epic the same 30 percent fee.”

    He also argues the Play Store and Android provide more value than the simple payment processing fees charged by PayPal or Stripe.

    In the Epic v. Apple case, the judge agreed Apple deserved something for the platform — but not necessarily 30 percent. (Nobody can tell the jury that, though.)

    Sean Hollister
    Sean Hollister
    Apple’s App Store boss will be a witness in Google’s Epic trial.

    “You’re going to hear directly from the person who manages the Apple App Store,” promises Google attorney Glenn Pomerantz.

    He says Apple will explain that Google’s Play Store is its primary competitor for apps. Which sounds obvious, but hey, market definition.

    Sean Hollister
    Sean Hollister
    “That’s a reason for them to choose the iPhone the next time around.”

    Google is continuing to pump the gas on its “Google Play competes with the iPhone, not other Android app stores” argument, pointing out how apps like Clubhouse and ChatGPT launched on the iPhone first.

    “Epic’s going to ask you to believe the App Store and the Play Store don’t compete. They’re going to try to break the phone apart as if the app store and the phone don’t relate to each other,” says Pomerantz.

    Sean Hollister
    Sean Hollister
    “Security Messages Protect Users.”

    That’s the title of Google’s slide attempting to explain that the 16 steps it takes to sideload Fortnite is a reasonable number.

    “A billion people have done it after getting notified of the potential risks,” says Pomerantz about sideloading apps. “That’s because Android users have a real choice.”

    Also: “Security is really important to competition — we need to protect users because it’s a critical point of competition between Apple and Android,” he says.

    Sean Hollister
    Sean Hollister
    Google is explaining away the scary AFA.

    Epic plans to bring up Google’s Anti-Fragmentation Agreements (AFA) during trial, but Google is getting there first with the jury:

    “All the AFA did was set up some basic standards so Android phones have things in common — so Android developers could just build one version of the app, saving time and money, so it could run on a Motorola phone or a Nokia phone or an LG phone or any other phone.”

    Epic will likely argue that these agreements were a kingmaker for Google’s app store.

    Sean Hollister
    Sean Hollister
    “Every single Samsung phone comes with two app stores right on the homescreen.”

    But even if the relevant market were Android app stores, Google argues, many developers and consumers have choice that’s just one tap away.

    “When they show these charts that show all these downloads from Play and not from the Galaxy Store, that’s what the Samsung phone users are choosing. They’re touching Play. Nothing’s keeping them from touching the Galaxy Store; it’s just what works for them,” argues Google.

    Sean Hollister
    Sean Hollister
    Google is opening the trial with market definition.

    “You cannot separate the quality of a phone from the quality of the apps in its app store, and that means Google and Apple compete against each other,” argues Google attorney Glenn Pomerantz.

    That’s a shot at the heart of Epic’s case, which is that Google is preventing competition in Android app stores, not mobile phones or app stores in general.

    Follow along with our live updates from the trial:

    Sean Hollister
    Sean Hollister
    Epic’s final opening arguments.

    Epic says many of Google’s alleged anticompetitive behavior (like Project Hug) didn’t begin until 2019, so Google didn’t need to do these things to compete — only to protect its alleged monopoly.

    Bornstein also says the evidence will show there are “a lot of other ways” to protect against malicious apps than Google’s current practices. (Google will argue that Epic is demanding it remove the security protections that keep you safe.)

    (Judge Donato told Epic it was at its time limit, and Epic wrapped up quickly.)

    Sean Hollister
    Sean Hollister
    Did Google delete damning evidence? Epic wants the jury to think so.

    Judge Donato allowed Epic to proactively tell the jury that Google may have something to hide — since Google employees all the way up to CEO Sundar Pichai set some of their chats to auto-delete to avoid them falling into lawyers’ hands.

    “All we know is whatever is in the destroyed chats, as bad as the documents are, is worse. Or at least it was worse, before they were destroyed,” Epic attorney Gary Bornstein told the jury.

    Sean Hollister
    Sean Hollister
    “Epic decided to stand up because that’s what you do to a bully.”

    Epic is now trying to head off Google’s counterclaims before Google gets a chance to present them — by addressing the Project Liberty elephant in the room.

    You see, Epic planned the whole legal trap for Google, calling it Project Liberty, where it tried to bypass Google’s (and Apple’s) fees with its own payment system buried in the code.

    Epic is admitting this but says the code isn’t as scary as Google will claim: “You will not see any evidence that anyone was harmed by this or even could have been harmed by this.”