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Sean Hollister

Sean Hollister

Senior Editor

Senior Editor

    More From Sean Hollister

    Sean Hollister
    Sean Hollister
    “In addition, I worry about Amazon store (200K apps and growing) getting a foothold in Android world.”

    Tanuj Raja, Google’s global director of strategic partnerships, said it was “just his two cents” that a new Google strategy to contractually obligate Google apps might ensure “less consumer experience fragmentation” and help “stem the tide of emerging app stores,” he concluded in a July 2nd, 2014, email.

    Jim Kolotouros, who’s currently on the stand, suggested it wasn’t just Raja’s two cents in a follow-up email — that it was a good idea and that Raja’s “last paragraph is the key.”

    Sean Hollister
    Sean Hollister
    “To your knowledge, every Android smartphone outside of China comes with Google Play, right?”

    James Kolotouros, VP of Android platform partnerships, says yes. But not every phone comes with an alternative app store, he concedes.

    (He’s slightly wrong, as far as we’re aware: Huawei still sells some phones outside China.)

    We’re live from day 5 of Fortnite court in the Epic v. Google trial:

    Sean Hollister
    Sean Hollister
    Epic v. Google day five — it’s MADA time.

    We’re back with a new witness: James Kolotouros, VP of Android platform partnerships. Google attorney Lauren Moskowitz is using him right away to establish one key thing: Google contractually requires every Android device manufacturer to preinstall the Google Play app store on every phone that uses its core APIs — and place it on the default homescreen and keep users from deleting it.

    That contract is called a MADA: Mobile Application Distribution Agreement.

    “Google requires Google Play to be on the default homescreen, as opposed to any other homescreen, because users are more likely to see it and use it than when it’s on any other homescreen, yes?”

    Yes, Kolotouros agrees.

    Sundar Pichai will take the stand in Epic v. GoogleSundar Pichai will take the stand in Epic v. Google
    Jay Peters and Sean Hollister
    Sean Hollister
    Sean Hollister
    Epic v. Google day four is done — but not before Netflix revealed that Google once offered a special secret deal.

    Google offered Netflix 10 percent instead of 15 percent in September 2017 — and Netflix rejected it. I have to catch a train, but I’ll explain more later.

    We’ll be back Monday.

    Sean Hollister
    Sean Hollister
    “also just realized our history is on 🙊 can we turn it off? haha”

    Google’s Margaret Lam is becoming quite the smoking gun in the hands of Epic attorney Lauren Moskowitz, at least when it comes to building the impression that Google tried to avoid leaving a document trail.

    Moskowitz is presenting a seemingly unending string of instances in which Lam asks her colleagues to turn off chat history — including one where a colleague repeatedly insisted he was on a legal hold, and thus the documents needed to be preserved. “Ok maybe I take you off this convo :)” she wrote.

    To her credit, it looks like she went looking for better guidance after that conversation. She claims she was given bad advice — “it was an open question” after her first call with lawyers as to what needed preserved — and now understands she did not comply with her legal obligations.

    That seems plausible. But initially, she said a lawyer never explained her obligations after the legal hold.

    Sean Hollister
    Sean Hollister
    “competition legal might not want us to have a doc like that at all :)”

    Not all of Margaret Lam’s chats were deleted — this phrase comes from a 2021 chat, four months after Epic filed its lawsuit against Google. Epic’s trying to show that Google’s lawyers trained its employees to avoid creating evidence.

    Lam says she didn’t get that sort of training.

    Here’s another chat message from Lam to a colleague:

    “Would it be too much to ask you to turn history off? lots of sensitivity with legal these days :)”

    Lam says that her colleague did turn history off, and they had a discussion about Google’s contracts with Android device makers that was, in fact, deleted.

    Lam testified earlier that no attorney explained her obligations to preserve documents after Epic’s legal hold.

    Sean Hollister
    Sean Hollister
    Epic has just shown that partially personal chat messages can contain relevant case info.

    “Like feel like everyone just in 9 hours of meetings a day straight!” began a joking chat thread from Google senior product counsel Emily Garber with a colleague.

    It also included passages like these:

    Oh also Ads team in freaking out about some Play VP escalation over that new policy so let me know if you want to discuss!

    Play originally wanted to prohibit Ads leading to non-Play downloads (!!) but then settled for reasonable intermediate policy basically saying if you’re running ads that take you to download from 3P store, have to disclose!

    We’ve moved on to Margaret Lam, a head of strategy for the Android platform and ecosystem. She’s being grilled about her deleted chats.