reader comments 87 Epic Games has filed a proposed injunction that would stop Google from restricting third-party app distribution outside Google Play Store on Android devices after proving that Google had an illegal monopoly in markets for Android app distribution.
Epic is suggesting that competition on the Android mobile platform would be opened up if the court orders Google to allow third-party app stores to be distributed for six years in the Google Play Store and blocks Google from entering any agreements with device makers that would stop them from pre-loading third-party app stores. This would benefit both mobile developers and users, Epic argued in a wide-sweeping proposal that would greatly limit Google's control over the Android app ecosystem.
US District Court Judge James Donato will ultimately decide the terms of the injunction. Google has until May 3 to respond to Epic's filing.
A Google spokesperson confirmed to Ars that Google still plans to appeal the verdict—even though Google already agreed to a $700 million settlement with consumers and states following Epic's win.
"Epic’s filing to the US Federal Court shows again that it simply wants the benefits of Google Play without having to pay for it," Google's spokesperson said. "We’ll continue to challenge the verdict, as Android is an open mobile platform that faces fierce competition from the Apple App Store, as well as app stores on Android devices, PCs, and gaming consoles."
AdvertisementIf Donato accepts Epic's proposal, Google would be required to grant equal access to the Android operating system and platform features to all developers, not just developers distributing apps through Google Play. This would allow third-party app stores to become the app update owner, updating any apps downloaded from their stores as seamlessly as Google Play updates apps.
Under Epic's terms, any app downloaded from anywhere would operate identically to apps downloaded from Google Play, without Google imposing any unnecessary distribution fees. Similarly, developers would be able to provide their own in-app purchasing options and inform users of out-of-app purchasing options, without having to use Google's APIs or paying Google additional fees.
Notably, Epic filed its lawsuit after Google removed the Epic game Fortnite from the Google Play Store because Epic tried to offer an "Epic Direct Payment" option for in-game purchases.
"Google must also allow developers to communicate directly with their consumers, including linking from their app to a website to make purchases and get deals," Epic said in a blog post. "Google would be blocked from using sham compliance programs like User Choice Billing to prevent competing payment options inside an app or on a developer’s website."
Unsurprisingly, Epic's proposed injunction includes an "anti-retaliation" section specifically aimed at protecting Epic from any further retaliation. If Donato accepts the terms, Google would be violating the injunction order if the tech giant fails to prove that it is not "treating Epic differently than other developers" by making it "disproportionately difficult or costly" for Epic to develop, update, and market its apps on Android.
That part of the injunction would seem important since, last month, Epic announced that an Epic Games Store was "coming to iOS and Android" later this year. According to Inc, Epic told Game Developers Conference attendees that its app-distribution platform will be the "first ever game-focused, multiplatform store," working across "Android, iOS, PC and macOS."
"Under Epic’s proposed injunction, Epic will be able to bring the Epic Games Store to Android devices, without delays and barriers," Epic's blog said.
It's unclear which Epic games would be distributed through its store, but Epic plans to offer its own games as well as third-party developers' games, Inc reported. Developers will enjoy the same revenue split as they get from distribution in Epic's PC game store, with 12 percent going to Epic and 88 percent to developers. Developers of free apps pay nothing, and developers using their own in-app payment systems keep 100 percent of their revenue.
In the Google Play Store, developers pay Google "a 15 percent cut on the first $1 million in revenue," then a 30 percent cut for earnings in excess of $1 million. Epic is seemingly hoping it's offering the better deal to developers, but developers will likely still have to crunch the numbers depending on anticipated downloads from various stores.
"Same fair terms, available to all developers, on a true multi-platform store—with amazing games for everyone," Epic Games touted the store in a post on X (formerly Twitter).
Epic's proposed injunction extends part of this retaliation protection to other developers, as well, saying, "Google shall not retaliate or threaten to retaliate against any Developer on the basis of such Developer’s actual or intended integration of one or more alternative in-app payment solutions into its apps."
If Epic gets its way, Google will not be allowed to require any app to use Google Play billing services.
Epic fights for no more scare screens
Under the proposed injunction, Google would be restricted from introducing any unnecessary steps that might keep users from quickly accessing third-party app stores "beyond the steps required to access the Google Play Store when it is preinstalled."
And "with respect to downloading from third-party app stores, Google shall not impose, require, encourage, or incentivize the imposition of any prompts, warnings, reminders, settings, screens, or other 'friction' steps on the download of apps from third-party app stores beyond the frictions associated with the downloading of apps from the Google Play Store itself," Epic's proposed injunction said.
AdvertisementThere are some exceptions, Epic said. Google could "include a single one-tap screen" the first time a user is attempting to install an app from a web browser or third-party app store, Epic suggested. And Google can continue to protect users from downloading malware by adding frictions or blocking installations from web or app stores known to distribute malware or managed by developers that decline "to subject their apps/stores to a generally available, distribution-channel-agnostic notarization-like process."
But otherwise, "Google must allow consumers to download apps from wherever they choose without interference, whether it’s from the Google Play Store, a third-party app store, another app, or the web," Epic's blog said. "Under Epic’s proposed injunction, Google can’t use scare screens and dire warnings that deter consumers from downloading apps from the Internet to their phones."
Epic additionally wants Google to be blocked from seeking pretty much any form of exclusivity for the Google Play Store. That partly means Google wouldn't be able to share revenue from the Play Store with distributors to stop competing app stores from being preinstalled or placed on a device's home screen. They also wouldn’t be able to pay developers to exclusively launch or distribute apps through Google Play, including restricting any agreements on special pricing in the Google Play Store. Additionally, Google couldn't stop developers from removing apps from Google Play without Google's consent.
According to Reuters, Judge Donato is not bound to accept Epic's proposal. It may take years before a permanent injunction is ordered—between Google's plan to appeal and Google's likely resistance to adopt any court-ordered reforms without contest.
But Epic is holding out hope that someday the court will embrace its wish list of Google reforms.
"Google has a history of malicious compliance and has attempted to circumvent legislation and regulation meant to rein in their anti-competitive control over Android devices," Epic's blog said. "Our proposed injunction seeks to block Google from repeating past bad-faith tactics and open up Android devices to competition and choice for all developers and consumers."
