Epic v. Google: everything we learned in Fortnite court
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Epic’s lead attorney is asking Dr. Rose whether her analysis took proper account of whether having rival appstores available worldwide on Android might be more helpful than only mandating US app stores. The court’s existing injunction would mandate that rival stores would have the whole catalog of Android apps from day one.
Dr. Rose says “you can go to users and say we have all the apps you want to see when you join our app store, and similarly you can say to app developers that we’re going to have the whole catalog.”
Bornstein: “It does provide immediate access to a very small subset of those users.” But “it’s just the 4-5 percent of Android users who happen to live in this country,” he argues.
Both Dr. Rose and Judge Donato agree that we don’t know how much revenue that 4-5 percent generates. Donato rejects Epic’s offer to bring up a Google witness with a revenue figure, because Epic and Google are now working together and so there’s no lawyer here who can properly cross-examine that witness.
