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Epic vs. Google: Google Loses

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Re: Epic vs. Google: Google Loses

#321
Couple of thoughts for HN as a lawyer:

1. The fact that Google lost here doesn't bind or affect apple. Jury verdicts aren't binding on any party other than those in the lawsuit. Apple may or may not be found to violate the law in a separate case.

2. Interesting no one has mentioned Epic's Chinese ownership. I could see Google complaining to us govt that it's unfair for Chinese tech to win these court cases against US tech.

Re: Epic vs. Google: Google Loses

#322

It will be extremely interesting to see how this shapes android going forward. Google didn’t just lose some point— they lost every point > The jury unanimously answered yes to every question put before them — that Google has monopoly power in the Android app distribution markets and in-app billing services markets, that Google did anticompetitive things in those markets, and that Epic was injured by that behavior. Th…

Google has already appealed this.

I imagine the Supreme Court will probably rule on this case. I’m not looking forward to whatever boneheaded precedent they’ll set in the process.

Re: Epic vs. Google: Google Loses

#324

It will be extremely interesting to see how this shapes android going forward. Google didn’t just lose some point— they lost every point > The jury unanimously answered yes to every question put before them — that Google has monopoly power in the Android app distribution markets and in-app billing services markets, that Google did anticompetitive things in those markets, and that Epic was injured by that behavior. Th…

How is this not all true for Apple and its app store?

there is no sanction in the US for monopolies if the market chooses that, you just cant do anticompetitive things in the process or while you have one

so simply being in the exact same position is not enough, the details of exactly how you navigate it are more important

with that in mind, Apple is still vulnerable based on their behavior, but its not a slam dunk by mere nature of being in the same position

for example, revenue splits were always high in app stores, they didnt jack them up higher and in fact have come down periodically as if there was competition, and the market still chose to use them. app stores have always had heavy handed selective moderation approaches, it didnt get worse its gotten better in some regards. makes it very hard to prove antitrust just because the market kept subjecting itself to these

Re: Epic vs. Google: Google Loses

#326
post #23

For anyone curious why Google lost: >Epic v. Google [...] hinged on secret revenue sharing deals between Google, smartphone makers, and big game developers, ones that Google execs internally believed were designed to keep rival app stores down. Without finding the same thing in Apple, I doubt this will affect Apple's case much, but of course I should mention I'm not a lawyer; I'm perfectly happy to be schooled if som…

Apple doesn't need to strike secret deals to keep out alternative app stores because they've made alternate app stores completely impossible. If the result of this case is "you can have a monopoly as long as your device and ecosystem are 100% locked down", that's terrible!

Apple has published research on using AI to clone apps. It can't get worse source: https://blog.ml.cmu.edu/2021/12/10/understanding-user-interf...

Re: Epic vs. Google: Google Loses

#327

Earlier quoted context omitted.

There is a huge difference between making a “service” exposed by an app and making an app. How many successful “apps” do you know of? And most successful “services” that people access through the App Store don’t go through the App Store for payments

> There is a huge difference between making a “service” exposed by an app and making an app. Not in terms of Apple pricing, which is what we discussed.

Yes there is a difference - most services don’t go through the App Store for payments

Re: Epic vs. Google: Google Loses

#328

It will be extremely interesting to see how this shapes android going forward. Google didn’t just lose some point— they lost every point > The jury unanimously answered yes to every question put before them — that Google has monopoly power in the Android app distribution markets and in-app billing services markets, that Google did anticompetitive things in those markets, and that Epic was injured by that behavior. Th…

How is this not all true for Apple and its app store?

Well, it’s common law, not civil law. So lawyers, juries, judges and so on all heavily influenced the Epic Games v Apple outcome, as they did in Epic Games v Google.

The next time someone sues Apple for this, there will be precedent. But then again, Epic Games v Apple might be used as precedent in Google’s appeal.

EDIT/correction: Apparently, only appellate and higher courts can set precedent for case law. So it might take a bit longer for Epic Games v Google to set a precedent, while Epic Games v Apple has already been dealt by a higher court. The next time someone sues Apple, there might not yet be precedent set by Epic Games v Google.

In theory. I’m not an expert on this. But this doesn’t happen as often in civil law countries I lived in (EU), where the law doesn’t apply before it’s written, and when it’s written, it applies universally.

Things will even out in the US over time, I think. There will be case law for what’s allowed and what is not for everyone.

Re: Epic vs. Google: Google Loses

#329

Earlier quoted context omitted.

How is this not all true for Apple and its app store?

there is no sanction in the US for monopolies if the market chooses that, you just cant do anticompetitive things in the process or while you have one so simply being in the exact same position is not enough, the details of exactly how you navigate it are more important with that in mind, Apple is still vulnerable based on their behavior, but its not a slam dunk by mere nature of being in the same position for exampl…

But they are not in the exact same position - Apple has a much tighter grip on their App Store than Google, and they don’t even need to: they make money selling the devices.

Re: Epic vs. Google: Google Loses

#330

Earlier quoted context omitted.

Unfortunately, apple’s position as both phone manufacturer, iOS manufacturer, and App Store maintainer resulted in them being able to successfully argue that their control over the App Store was a feature that was expected by users and was needed to maintain a smooth and secure operating ecosystem Google, on the other hand, just got pilloried because they are not the phone manufacturer (for the most post), but instea…

if you zoom out you find that Google got published for allowing other manufacturers into their Android system while Apple benefited from keeping ios closed to themselves. how does this serve the consumers ultimately

Well seeing that consumers in the US prefer iOS to Android and pay more than twice as much for the privilege, may they care about different things than side loading?
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