Epic Games takes on Google again in court

Epic Games has just filed a request for a preliminary injunction to prevent Google from removing the Bandcamp app from its app store. The publisher of Fortnite definitely wants to do battle with the behemoths of technology.

Google Play Billing directly targeted

Indeed, Epic Games acquired Bandcamp, an online music store aimed particularly at independent artists, in March 2022. If some may have wondered about the intentions of the firm behind this acquisition Stepping out of his line of work, Music Business Worldwide founder Tim Ingham quickly understood Epic’s intentions. As noted Ars-Technicahe predicted that Epic would pitch Bandcamp’s business model as a viable alternative to Apple and Google’s app store fees, and use its new acquisition to attack app store owners.

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Obviously, this prediction is coming true. With this legal action, Epic Games is targeting Google Play Billing, a new regulation obliging all applications that sell digital goods to use Google Play’s billing system, which allows the Mountain View firm to earn a commission of 30% on these. Platforms that do not comply with this new measure will begin to be removed from the Google Play Store on June 1, 2022.

According to Epic, the move to Google’s billing system would affect Bandcamp’s ability to properly compensate for items the platform collaborates with. The latter receive 82% of Bandcamp’s sales, an amount that should change according to Epic, since Bandcamp should also pay a commission to Google. In addition, Epic assures that artists will have to wait longer to receive their money; its current payment system allows artists to be paid within 24 to 48 hours of a sale, while, again according to Epic, Google does not pay developers until ” 15 to 45 days after a sale “.

A smartphone open on the Google Play Store.A smartphone open on the Google Play Store.

Epic Games is taking on a new billing regulation in the Google Play Store. Photography: Mika Baumeister / Unsplash

Bandcamp’s business model not in line with the Play Store?

If Google’s policy changes are maintained, starting June 1, we’ll either have to pass Google’s fees on to consumers (making Android a less attractive platform for music lovers) or pass the fees on to artists. (which we will never do) either run our loss-making Android business permanently or disable digital sales in the Android app “says Ethan Diamond, CEO of Bandcamp, in a blog post.

As noted Ars-Technica, it would seem that the platform’s business model, which mixes digital and physical sales, with vinyls and clothing for example, is not in line with Google Play Billing, which is specially designed for online purchases. app. Moreover, Bandcamp is not the only company to encounter such difficulties: the Barnes & Noble bookstore has removed the possibility of buying digital books from its Android application, while Audible no longer allows you to use a credit card to buy titles, apparently to avoid paying the royalty to Google.

For its part, Mountain View responded vehemently to Epic’s approach, and recalls that Bandcamp benefits from a reduction on its billing:

“This is yet another unfounded complaint from Epic, which is using the Bandcamp app it just acquired to continue its efforts to avoid paying for the value Google Play provides. We’ve been transparent about Play’s payment policy for over 18 months and, as Epic knows, Bandcamp is eligible for a service fee of only 10% through Play’s Media Experience Program – far less than the that they charge on their own platforms. Despite their claims, Android’s openness means that Bandcamp has several ways to distribute its app to Android users, including through other app stores, directly to users through their website, or by as a consumer-only app like they do on iOS”.

Epic Games has prepared its move well

It seems obvious that Epic Games has prepared its move well and wants to use Bandcamp as leverage in its battle against Google and Apple. In 2020, the firm tricked them into forcing them to remove Fortnite from their respective app store in order to sue them. The video game publisher is a fervent opponent of the 30% tax levied by the two tech giants in their app store. A lawsuit against Apple also followed, from which Epic did not really come out a winner because the Cupertino company kept its right to charge a 30% commission on in-app purchases.

For now, the injunction does not pass, but the judge has set a status conference between Epic and Google to be held on May 12.

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