Google Seeks Emergency Stay — Claims Epic Games Ruling Puts Android Users’ Security at Risk

Key Takeaways

• Google has requested a hold on a court injunction requiring changes to its Play Store pending appeal.
• Judge James Donato has given Google eight months to enable third-party access to the Google Play catalog and allow alternative app stores to be distributed via Play Store.
• The firm said pushing out the changes by the required deadline would threaten the security of the Android ecosystem.

After a California court ruled that the Google Play Store is an illegal monopoly, Google has requested a temporary pause on the Judge’s injunction requiring changes to its app store, arguing that it has “a strong chance of succeeding on appeal.” 

Complaining that Judge James Donato’s order gave it just three weeks to make some changes, Google’s motion for stay claims the “Herculean task” creates “unacceptable” safety and security risks to the Android ecosystem.

Google Claims Rushed App Store Makeover Threatens Security

According to Judge Donato’s injunction, Google must build new app store functionalities to resolve the antitrust issues. However, the firm claims these changes threaten security, primarily if implemented within the required timeline.

The first proposed change will enable Epic and other app store developers to offer the Google Play catalog of apps through their stores. The second requires rivals to be able to distribute their app stores via Google Play.

“Despite Google’s evidence of the necessary timeline to safely and securely develop, build, and test catalog access and third-party app store distribution, the District Court ordered these remedies be fully operational in eight months, Google stated, pointing out that this is four months faster than its experts believe is possible.

The issue of third-party app store distribution is especially critical for the firm, which has curtailed the practice by warning users about the alleged risks involved with “side loading” apps away from the Play Store. 

Countering that argument, Epic has said that such warnings aren’t designed to keep users safe but are used as a “scare tactic” to maintain Google’s monopoly. The game developer recently accused Google of colluding with Samsung to suppress alternative app stores.

Samsung’s Auto Blocker

With the release of One UI 6.1.1, Samsung changed the settings on its devices to make it harder to download apps that don’t originate from the Google Play Store or Samsung Galaxy Store.

The security feature, known as Auto Blocker, was previously opt-in. However, Samsung subsequently made Auto Blocker a default setting.

The timing of the Auto Blocker change was a little too convenient for Epic, which has threatened to sue Google and Samsung over the issue.

“Allowing this coordinated illegal anti-competitive dealing to proceed hurts developers and consumers and undermines both the jury’s verdict and regulatory and legislative progress around the world,” the company said in a statement .

Epic’s Fight for App Store Independence

While Epic Games launched the desktop version of its app store in 2018, its efforts to establish a mobile foothold faced stiff resistance.

The conflict with Apple and Google erupted in August 2020 when Epic introduced an alternative payment system in Fortnite to bypass the 30% commission both app stores charged for in-app purchases.

In response, Apple and Google removed Fortnite from their platforms, prompting Epic to file lawsuits against both companies, accusing them of anti-competitive practices and monopolistic control over app distribution.

Legal Issues in Epic vs. Google

After Epic filed lawsuits against Apple and Google, the case against Apple was largely a failure, with Judge Yvonne Gonzalez Rogers ruling in favor of the defendant on nine of ten counts.

However, Epic had more luck in its fight against Google. Following a jury trial in 2023, the court sided with Epic on all 11 counts, ruling that Google had engaged in anti-competitive practices with the Play Store and its related billing system.

Unless Google’s motion for stay is granted, Judge Donato’s ruling will enforce a series of changes to let Epic and other developers carve out more autonomy in the Android ecosystem.

The latest filing preview shows the argument Google lawyers plan to make in the appeal. It claims Google has been treated unfairly, considering the outcome of the Apple lawsuit.

As it states:

“It is pause-inducing that Apple, which requires all apps go through its proprietary App Store, is not a monopolist, but Google—which built choice into the Android operating system so device makers can preinstall and users can download competing app stores—was condemned for monopolization.”