Google Asks Judge To Toss Antitrust Charges in App Store Case (reuters.com) 24
Alphabet's Google asked a court late Thursday to toss out several allegations made by Epic, Match and U.S. state attorneys general about how the search and advertising giant runs its app store for Android phones. From a report: Google's motion is the company's latest bid to end costly and time-consuming antitrust lawsuits. It has also asked a federal court in Washington to dismiss claims in a 2020 antitrust lawsuit filed by the Justice Department. And it has asked a federal court in Virginia to dismiss a complaint that the federal government filed this year. read more read more "Google looks forward to vindicating itself at trial and defending the innovation that made Android successful," the company said in its filing, noting that it had brought a "targeted motion for partial summary judgment, which will narrow this sprawling antitrust case for trial." In its court filing in federal court in Utah on Thursday, Google asked that five claims be thrown out. Among them, it asked the court to toss out allegations that Google prohibited the distribution of other app stores and, thus, broke the law. Google argued it does not have a legal obligation to put other app stores in Android and, in fact, most Android phones come preloaded with more than one app store and others can be installed.
OK look (Score:2)
And it has asked a federal court in Virginia to dismiss a complaint that the federal government filed this year. read more read more "Google looks forward to vindicating itself at trial and defending the innovation that made Android successful," the company said in its filing
WTAF /.
Re: (Score:2)
And it has asked a federal court in Virginia to dismiss a complaint that the federal government filed this year. read more read more "Google looks forward to vindicating itself at trial and defending the innovation that made Android successful," the company said in its filing
WTAF /.
Agreed, although the WTAF should probably be directed at Reuters as well seeing as it's in TFA too.
I think Google is right here (Score:2)
Gotta say, I think Google is right here. Other than some pesky settings that users have to turn on, there is nothing preventing EPIC from releasing their own App Store for Android. Simply put, if you don't know how to allow side-loaded apps on Android, then you probably shouldn't be downloading and installing side-loaded apps on Android. EPIC just wants to force Google to subsidize their services and their products for free.
This is VERY different than EPIC's case against Apple.
Re: (Score:3)
Epic recently reached an agreement with OnePlus, an OEM, to allow users of OnePlus mobile devices to seamlessly install Fortnite and other Epic games by touching an Epic Games app on their devices—without encountering any obstacles imposed by the Android OS. In conjunction with this agreement, Epic designed a version of Fortnite for certain OnePlus devices that delivers a state-of-the-art framerate (the frequency at which consecutive images appear on the device’s screen), providing an even better gameplay experience for Fortnite players.
Although the original agreement between Epic and OnePlus contemplated making this installation method available worldwide, Google demanded that OnePlus not implement its agreement with Epic with the limited exception of mobile devices sold in India. OnePlus informed Epic that Google was “particularly concerned that the Epic Games app would have ability to potentially install and update multiple games with a silent install bypassing the Google Play Store”. Further, any waiver of Google’s restriction “would be rejected due to the Epic Games app serving as a potential portfolio of games and game updates”. As a result, OnePlus mobile device users in India can install Epic games seamlessly without using the Google Play Store, while users outside India cannot.
https://www.androidpolice.com/... [androidpolice.com]
Re: (Score:2)
Yeah, we'll see how that shakes out. Something seems fishy about it. Like, Google is totally OK with Samsung installing the app launcher by default, but suddenly not okay with OnePlus?
My bet is that EPIC intentionally set up the terms with OnePlus specifically in a way that would cause Google to step in in some way so that they could cite it in the case. It'll get shaken out in court. All will be revealed.
Re: (Score:2)
Epic is scum bags for showing how draconian and greedy Apple's monopoly is? Riiight. Keep throwing out weasel words.
Re: (Score:2)
Re: (Score:2)
I do agree with you on that, but the biggest difference is marketshare. Google doesn't have remotely close to the US marketshare in the OS market that Microsoft had in the 90s with Windows. And the internet makes a big difference so much so that OS's largely don't matter at all to most users.
AND the courts are significantly different than they were back then.
App stores (Score:1)
most Android phones come preloaded with more than one app store
Which Android phones come preloaded with more than one app store?
Re:App stores (Score:4, Interesting)
Which Android phones come preloaded with more than one app store?
Every Samsung Galaxy device comes with the Samsung Galaxy app store, apparently there are also Sony and LG app stores. I don't know if I buy the argument that "most" phones ship with multiple app stores, though, and I'd like to see some statistics myself.
Re: App stores (Score:2)
Re: (Score:3)
My last 3 came pre-installed with Google's, Amazon's, and Samsung's app stores. I then proceeded to put F-Droid on them, as well, but I had choice out of the gate.
Re: (Score:3)
Which Android phones come preloaded with more than one app store?
Literally every phone I've ever owned, and I suspect the only reason for that is I haven't owned a Google Pixel. I have 3 app stores on my phone. 2 came with it, and F-droid I downloaded. At one point I owned a phone that came with 3 stores on it. Play Store, Samsung Store, Amazon Store.
Modern Monopoly (Score:2)
Monopoly abuses used to be Andrew Carnegie blowing up competitor's rail lines and cutting deals so train manufactures wouldn't even sell to them.
Monopoly abuses nowadays are your application you submit to someone else's app store isn't promoted as much as you think it should be. Or it takes a few extra steps to get your application installed on someone else's device.
Or, most insidious of all, one device becomes very popular and hurts the sales of other devices. Antitrust!
Re:Modern Monopoly (Score:4, Informative)
In the US, having a monopoly per-se is not illegal. What is illegal is (a) using illegal means to gain that or (b) using that monopoly to (illegally) gain/control other aspects. So in particular "one device becomes very popular and hurts the sales of other devices." is explicitly not illegal.
What a lot of the cases before the courts on 'app stores' are about these days is whether a single platform and its ecosystem constitute a formal 'monopoly', and then how much control the legislature and courts should exercise over that single vendor. I personally think the courts should generally stay out of one company's business, but I understand the counter arguments. (That being said, what Epic did was so egregious that I'd want to throw their lawsuits out of court just for 'being assholes about it' :-) Even if Epic were to win on the Apple/Google should let Epic run its own store, they still should be liable for substantial damages on breach-of-contract on their other behavior. )
In the 19th century, US laws were pretty much non-existent in this area, most of the monopoly regulation is the response to abuses that were -common practice- back then.
Re: (Score:2)
p.s. If I were king, app vendors AND app stores would both be legally liable for malware/security problems in the products they sell.
Re: (Score:2)
Exactly. All the following arguments can be true independent of each other:
- Apple has a (complete) monopoly over app sales on iOS devices so there can be an anti-trust issue.
- Google has a (near) monopoly over app sales on Android so there can be an anti-trust issue.
- While Google has market dominance it is possible to install other app stores on most Android phones therefore there is competition in the marketplace and therefore there cannot be an anti-trust issue
- Taking all phones into consideration no s
Re: (Score:2)
Legally, the starting position (as was debated in the Apple/Epic trial) is the appropriate definition of "the market." Epic wants the iPhone to be a single market for legal purposes. Apple argued that it should be "all mobile devices." (I admit to preferring the Apple position here, if for no other reason than I think there would be significant unintended consequences if a single vendor product could be declared 'a market' for antitrust/monopoly purposes.)
Re: (Score:2)
Or, most insidious of all, one device becomes very popular and hurts the sales of other devices. Antitrust!
Literally no antitrust suit has been fought on such grounds because ... popularity (even being an outright monopoly) isn't in any way illegal or an anti-trust violation.
Paging Lionel Hutz, attorney at law (Score:2)
"Your honor, I move for a ... bad ... court ...thingie"
"A mistrial?"
"Yeah."
"On what grounds"
"Because otherwise I'll lose it, duh!"
More money for the Indian From Google (Score:1)
Of course Google would ask to toss (Score:2)
That's routine procedure for anyone being sued. They start by asking the judge to throw out the case. This rarely works, but it's a hail-Mary worth trying.