The Supreme Court is Google’s last hope to avoid an Epic reckoning in October

The Ninth Circuit Court of Appeals is done with its relation successful the Epic Google case, and Google won’t beryllium blessed with the result. On Friday, the tribunal wholly denied its petition to person its Epic v. Google lawsuit re-heard — and pressed play on a imperishable injunction that volition unit Google to statesman cracking unfastened its Android app store.

Unless oregon until the US Supreme Court decides to perceive the case, Google volition beryllium forced to fto developers bypass its Google Play Billing app store outgo system, and fto them nexus to extracurricular app store downloads, wrong 30 days. And that’s conscionable the start. Google volition besides beryllium forced to transportation rival app stores wrong the Google Play Store and stock its afloat catalog of apps with those stores by summertime 2026 unless the Supreme Court grants a stay.

Epic already won its lawsuit astatine the Ninth Circuit on July 31st, erstwhile a three-judge sheet decided not to overturn the unanimous assemblage verdict from 2023 that Google’s app store and outgo systems had go amerciable monopolies. But Google argued that the Supreme Court mightiness spot things differently, and asked for what’s called an “en banc” reappraisal wherever the full Ninth Circuit weighs in.

But not a azygous further Ninth Circuit justice wanted to re-hear the case, the tribunal wrote connected Friday, denying Google’s petition. And with that, the Ninth Circuit besides restarted the timepiece connected forcefully cracking unfastened Android, giving the institution a caller deadline of conscionable 30 days to statesman complying, and 10 months until Google indispensable unfastened up its app store to rivals. That’s up from 14 days and 8 months previously.

So, what indispensable Google bash by October? Here’s the TL;DR:

• Stop Google from forcing app developers to usage Google Play Billing
• Let Android developers archer users astir different ways to wage from wrong the Play Store
• Let Android developers nexus to ways to download their apps extracurricular of the Play Store
• Let developers acceptable their ain prices
• Stop sharing wealth oregon perks with phonemakers, carriers, and app developers successful speech for Google Play exclusivity oregon preinstallation
• Work with Epic to resoluteness immoderate disputes arsenic Google builds a strategy to fto rival app stores in

Don’t instrumentality my connection for it; here’s the afloat substance straight retired of Judge Donato’s archetypal imperishable injunction for the parts that present person a 30-day deadline:

4. For a play of 3 years ending connected November 1, 2027, Google whitethorn not stock gross generated by the Google Play Store with immoderate idiosyncratic oregon entity that distributes Android apps, oregon has stated that it volition motorboat oregon is considering launching an Android app organisation level oregon store.

5. For a play of 3 years ending connected November 1, 2027, Google whitethorn not information a payment, gross share, oregon entree to immoderate Google merchandise oregon service, connected an statement by an app developer to motorboat an app archetypal oregon exclusively successful the Google Play Store.

6. For a play of 3 years ending connected November 1, 2027, Google whitethorn not information a payment, gross share, oregon entree to immoderate Google merchandise oregon service, connected an statement by an app developer not to motorboat connected a third-party Android app organisation level oregon store a mentation of an app that includes features not disposable in, oregon is different antithetic from, the mentation of the app offered connected the Google Play Store.

7. For a play of 3 years ending connected November 1, 2027, Google whitethorn not information a payment, gross share, oregon entree to immoderate Google merchandise oregon service, connected an statement with an archetypal instrumentality shaper (OEM) oregon bearer to preinstall the Google Play Store connected immoderate circumstantial determination connected an Android device.

9. For a play of 3 years ending connected November 1, 2027, Google whitethorn not necessitate the usage of Google Play Billing successful apps distributed connected the Google Play Store, oregon prohibit the usage of in-app outgo methods different than Google Play Billing. Google whitethorn not prohibit a developer from communicating with users astir the availability of a outgo method different than Google Play Billing. Google whitethorn not necessitate a developer to acceptable a terms based connected whether Google Play Billing is used.

10. For a play of 3 years ending connected November 1, 2027, Google whitethorn not prohibit a developer from communicating with users astir the availability oregon pricing of an app extracurricular the Google Play Store, and whitethorn not prohibit a developer from providing a nexus to download the app extracurricular the Google Play Store.

13. Within 30 days of the day of this order, the parties volition urge to the Court a three-person Technical Committee. Epic and Google volition each prime 1 subordinate of the Technical Committee, and those 2 members volition prime the 3rd member. After assignment by the Court, the Technical Committee volition reappraisal disputes oregon issues relating to the exertion and processes required by the preceding provisions. If the Technical Committee cannot resoluteness a quality oregon issue, a enactment whitethorn inquire the Court for a resolution. The Technical Committee whitethorn not widen immoderate deadline acceptable successful this order, but whitethorn urge that the Court judge oregon contradict a petition to extend. Each enactment volition carnivore the outgo of compensating their respective party-designated committee subordinate for their enactment connected the committee. The 3rd member’s fees volition beryllium paid by the parties successful adjacent share.

We person asked Google to corroborate oregon contradict whether it volition region the request for Google Play Billing, let different outgo methods, and fto developers nexus extracurricular the Play Store by October. I’ve besides asked some Epic and Google to corroborate whether they’re present moving unneurotic connected that associated Technical Committee. Neither institution instantly responded to our requests for comment.

So far, Epic CEO Tim Sweeney has tweeted: “Now Google Play has 30 days to escaped ALL DEVELOPERS to connection competing payments successful the USA — arsenic Apple is required to bash — escaped of scare screens, junk fees, and restrictions!” and “With ace beardown precedent successful Epic v Apple, there’s nary country for malicious compliance this time.” He also suggested that Epic doesn’t reason Google’s caller Android developer verification requirements successful principle, but “we bash reason immoderate usage of specified verification processes to block, stifle, oregon taxation competing stores.”

Google has not yet said whether it volition entreaty to the Supreme Court, and we’ve asked astir that arsenic well. According to the Ninth Circuit, Google said that if it did appeal, it would bash truthful wrong 45 days.

Here’s the Ninth Circuit’s latest decision: