Google explains why it is appealing the US Court's decision in Epic Games case

Google

In the long-running legal battle between Google and Epic Games, a US Court ordered some changed to Android. Google says that the changes would put consumers’ privacy and security at risk, make it harder for developers to promote their apps, and reduce competition on devices. “Ultimately, while these changes presumably satisfy Epic, they will cause a range of unintended consequences that will harm American consumers, developers and device makers,” said Lee-Anne Mulholland, vice president, regulatory affairs, Google.

In a blog post, Mulholland siad that it will appeal the decision and ask the courts to pause Epic’s requested changes. The court has given Google time till November 1 to make the changed. “These Epic-requested changes stem from a decision that is completely contrary to another court’s rejection of similar claims Epic made against Apple,” Mulholland argued. She further said that unlike iOS, Android is an open platform that has always allowed for choice and flexibility like multiple app stores and sideloading.

“The decision rests on a flawed finding that Android is a market in itself. In contrast, the Apple decision, upheld on appeal, rightly found that Android and iOS compete in the same market,” Mulholland said.

Google also argues that it competes directly with Apple for app developers. “The decision ignores what every developer in the world knows — they have to prioritise investing in developing for iPhones and Androids,” Mulholland said.

Google says that it wants developers to offer their best features for Android and to release them on Android first. “So we build tools, run training programs and invest in making it as easy as possible to develop for Android. Apple of course does the same — competing to convince developers to prioritise iOS,” she said.

The other big argument from Google is that Android is an open system. “The decision fails to take into account that Android is an open platform and developers have always had many options in how to distribute their apps. In fact, most Android devices come preloaded with two or more app stores right out of the box,” Mulholland added. Citing the example of Epic’s Fortnite app, Google said that it is available to Android users through the Samsung Galaxy Store, sideloading, and the Epic Games Store – all while Fortnite was not distributed through Google Play. “These are options that developers have never been able to offer to their American users on iPhones,” Mulholland added.

Google believes that the initial decision and today’s Epic-requested changes put Android’s “democratisation” at risk and undercut Android’s ability to compete with Apple’s iOS.