To disincentivize OEMs and MNOs 21 from pre-putting in viable competing app stores, Google goes additional by imposing additional 22 contractual restraints beneath the terms of two additional contracts: Mobile Application 23 Distribution Agreements (“MADAs”) and Revenue Share Agreements (“RSAs”). 15 a. Google Forces OEMs to Enter MADAs 16 113. Google employs varied coercive ways to pressure OEMs to enter its MADAs, such 17 as withholding key inputs for cellular gadgets (e.g., should-have Google apps and Google Play 18 Services) and income share funds unless they conform to enter a MADA with Google. Google Mobile Services features a bundle of proprietary Google apps, including 23 the Play Store and varied should-have apps comparable to Gmail, YouTube, and Google Maps. The MADAs also require manufacturers to make 13 sure Google apps, like the Google Play Store, undeletable, and to give Google essentially the most 14 priceless and prominent actual estate on the default home display screen. Section 4.5 of the 13 DDA prohibits developers from utilizing “Google Play to distribute or make accessible any Product 14 that has a purpose that facilitates the distribution of software program purposes and video games for use on 15 Android devices exterior of Google Play.” In other phrases, no app on the Play Store could compete sixteen within the Android App Distribution Market. This has be en cre ated with G SA Content Gen erator DEMO!
7 access the market and challenge Google’s present product with new, more 8 revolutionary fee processing providers. Since Apple introduced its music service, the company encourages customers to subscribe to the service, because you get all of the benefits of iTunes Match, plus access to the complete Music catalog. Those streaming music services are suitable for you to seek out new songs, nevertheless, however cannot enable you to handle and arrange your music library. 17 100. Even assuming, arguendo, that there’s a authentic justification for Google’s 18 conduct-and there isn’t-Google has pursued those targets by strategies that are substantially 19 extra restrictive than essential. When utilizing the Spotify internet player, there are a couple of options missing from the experience that are present within the desktop player. With it, you possibly can obtain Spotify music for listening wherever and skip Spotify music as many as you want although you utilize a free version of Spotify. 19 114. Google does not enable OEMs to manufacture Android devices or use the Android 20 trademark except the OEM enters right into a MADA with Google.
17 D. Google Uses Exclusionary Contracts to Foreclose Competing App Distribution by Pre-Installation 18 110. As noted above, Google forecloses OEMs from enabling frictionless sideloading 19 of competing app shops with the AFAs and ACCs, which require OEMs to implement Google’s 20 restrictions, warnings, and messaging about sideloading. 6 5 102. The AFA and ACC compatibility standards require OEMs to implement Google’s 6 restrictions and warnings about sideloading. Case 3:21-cv-05227 Document 1 Filed 07/07/21 Page 36 of 144 1 (“anti-fragmentation provision”); and (2) conform to restrictions on the 2 manufacture and sale of gadgets operating forked variations of Android (“anti-forking provision”). Case 3:21-cv-05227 Document 1 Filed 07/07/21 Page forty of 144 1 but are excluded from the “open-source” Android code. Case 3:21-cv-05227 Document 1 Filed 07/07/21 Page 34 of 144 1 2 3 96. Google’s warnings against sideloading are another barrier that thwart competition 4 from competing app shops and the threat of apps distributing directly via sideloading.
Case 3:21-cv-05227 Document 1 Filed 07/07/21 Page 37 of 144 1 105. The unique language of the DDA was restricted to apps that had a “primary 2 purpose” of facilitating distribution of apps outdoors of Android Market, which allowed some three flexibility for builders to make use of the Play Store to distribute Android apps that additionally linked to apps 4 that might be downloaded outdoors Google’s app store. Case 3:21-cv-05227 Document 1 Filed 07/07/21 Page 38 of 144 1 Discover on Google Search, and the Google Display Network. Case 3:21-cv-05227 Document 1 Filed 07/07/21 Page 35 of 144 1 98. Google acknowledges that the security settings and warnings associated with 2 sideloading restrict even mainstream, non-malicious apps and app stores from reaching Android three users. Case 3:21-cv-05227 Document 1 Filed 07/07/21 Page 39 of 144 1 111. For example, in June 2019, 2 One key strategic three danger In response, Google 4 proposed, among different things, to 5 6 1. Google Forces OEMs to enter MADAs that Effectively Block the Entry of Competing App Stores 7 8 112. Having signed an AFA or ACC, an OEM can then license Google’s proprietary 9 apps and APIs and market its devices as Google-certified Android devices by getting into into a 10 MADA with Google.