Epic v. Google Play Store Case: Epic's Proposed Injunction

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📄 UPDATE on the remedies proceedings in the Epic v Google Play Store case: Epic has just filed its proposed injunction. storage.courtlistener.com/recap/gov.uscourts.cand.364325/gov.uscourts.cand.364325.653.0.pdf

This is the case that went to trial last year b/t Epic and G. It is also the case G settled last fall with all 50 State AGs where G will pay $700M, implement user choice billing, cease Play Store exclusivity agreements with OEMs, etc. Here is my breakdown of the settlement: twitter.com/vidushi_law/status/1737088040160592054?s=46&t=HYtlyZPDEEimegc7cnkhdA

During the trial Epic was unwilling to engage in meaningful settlement discussions despite Judge Donato’s continuous prodding and is critical of the States’ settlement. twitter.com/vidushi_law/status/1729709473349173682?s=46&t=HYtlyZPDEEimegc7cnkhdA

So let’s unpack what Epic really wants: The first difference between the States' settlement and Epic’s proposal that jumped out to me is timing. The settlement terms span from 5-7 years at minimum whereas Epic is seeking a permanent/indefinite commitment for its demands.

Perhaps one of the most significant differences is that Epic is seeking ZERO warning screens or steps that differentiate sideloading/downloading from a 3rd party App Store. Not even when it is the first time a user is doing so.

The States included a term that addressed the concern of G scaring users off with too many steps and warning screens. They struck a balance that would would consolidate appropriate warnings/security information into a single screen when users sideload a 3rd party app store.

In contrast, Epic wants its own app store and virtually any other 3rd party app store to be indistinguishable from the Play Store. What could go wrong?

This is just a peek into the overarching lack consideration of privacy/security in Epic’s proposal. The States’ allow G to step in to reinforce security/privacy standards. This is to safeguard the integrity of the Android ecosystem & ensure its competitive standing with iOS.

However, all of the demands in Epic's proposed injuction are at a full-stop with no consideration given to security or privacy. Essentially it’s a free-for-all for developers and 3rd party app stores to run wild on the Android ecosystem.

The States also included an exception that allows a developer to enter into an agreement with G on an app-by-app basis regarding title launch/feature parity. In contrast, Epic demands a total ban on these kinds of deals.

Why is this a problem? Ironically, Epic holds itself out to be pro-developer but is blocking developers, most likely smaller ones, from choosing to enter into mutually beneficial agreements with G.

Another radical difference in Epic’s proposed injunction is the inclusion of remedies to promote competition, whereby G has to provide every other App Store: - Access to Google apps - Access to Google's entire app catalogue

Essentially, G would have to forfeit one of its largest competitive/quality advantages that it has invested in- the breadth of its apps. twitter.com/vidushi_law/status/1729333968288563430?s=46&t=HYtlyZPDEEimegc7cnkhdA

Epic's disclaimer that G is still allowed to engage in "bona fide" competition through quality markers while simultaneously being stripped of said quality markers seems like a bit of a paradox. twitter.com/vidushi_law/status/1729683756318101821?s=46&t=HYtlyZPDEEimegc7cnkhdA

Not only does Epic want G to give 3rd party app stores a cheat sheet of all of its apps, it is demanding that G create a mechanism whereby users can transfer control over all apps downloaded from the Play store to the 3rd party app store.

Epic also wants the Play Store itself to list competing app stores for download. No safety or security measures here either.

During the trial, when Epic’s CEO took the stand, he admitted that his plan to “hot fix” Fortnite on the Play Store enabled Epic to reap all of the benefits of having Fortnite on the Play store while pay nothing at all to G.

So despite not suing G for monetary damages, Epic stands to gain somewhere in the ballpark of “hundred of billions” of dollars through its proposal. twitter.com/vidushi_law/status/1726772497016881176?s=46&t=HYtlyZPDEEimegc7cnkhdA

🗓️ Google has until May 2nd to file its response and both parties will meet and present their experts before Judge Donato in an evidentiary hearing on May 23rd.