A year ago, we started attending the working group of the European Commission to establish minimum requirements that ensure competition in the distribution of mobile applications through the Digital Markets Act. A task always guided by our way of thinking, helping others to innovate without asking for permission in the software industry.
A few days ago, the law became effective (on March 7th), and today we have once again given our feedback to Google and the commission to finally close this cycle. It’s not our job, we’ve done the best we could, and now it’s up to the commission to decide how to proceed.
With total transparency, I’ll outline what we’ve conveyed to them.
UPTODOWN
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We insist on the spirit of the law, given the overwhelming amount of details that are not complied with in a phase where compliance should be mandatory. Unfortunately, nothing that Google has proposed, nor the little that has been implemented in all these months, will change the lack of competition in app distribution.
We have only pointed out a few examples of the practices that make competition with Google Play impossible. But we feel a team of 36 people like Uptodown has more information than the hundreds of engineers who should have worked for months. It’s disheartening.
We do not have the time or energy to continue «advising» Google. And as we mentioned, it makes no sense to enter into an unmanageable discussion of details if no effort is made to start with the essential things. The practical and actual separation between the Android operating system and Google Play and the non-preinstallation of its store in any case on European devices.
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Here is a transcription of the message that we were able to directly convey to Google’s compliance team today.
Art. 6(3). Talking about the spirit of the DMA
Article 6.3 discusses the treatment by the Gatekeeper of software that can be provided by third parties.
There’s no specific mention of app stores, but we understand they are included. In case the commission can give us some clarification.
To give you some context:
Google Play is pre-installed on every Android device sold in Europe while alternative stores like Uptodown don’t even have a choice screen. At this point, there is no room for competition.
The solution proposed by Google is: if you want the same treatment for your service, «go and talk to the mobile makers.»
This is Google’s 4 billion fine for manipulating the market through those same manufacturers we should be talking with.
Manufacturers that rely on maps, Gmail, and other services, preventing Google Play from being uninstalled.
So my question for Alphabet is:
Given that Google Play is de facto the gateway to the Android ecosystem, for the reasons discussed here.
Do you consider it fair, reasonable, and non-discriminatory for Uptodown, a completely legal European app store, not to be able to be on Google Play?
No choice screens for App Stores, Google shifts the responsibility to manufacturers they control and, at the same time, blocks access to Google Play for competitors. Therefore, there is no room for competition, and the DMA is rendered ineffective.
Art. 6(4) “Effective use of third-party software”
Considering App Stores are an essential piece of software. Just a few discriminatory practices examples.
It is not possible for other stores to use the permission «update without user interaction».
In tests conducted by Uptodown after DMA deadline, app ownership is not respected
For example, when automatic updates are activated in Google Play. When Uptodown is uninstalled, the ownership of its apps automatically passes to Google Play.
It is not possible to remove the app installation permission from Google Play.
Android OS does not refer Google Play as an unknown source.
There are different mechanisms to approve third-party sources compared to other permissions, which are displayed on the same screen.
Specific warning messages when proceeding to uninstall or deactivate Google Play that other stores don’t have.
Warning about the dependency on Google Play Services if the user tries to disable these services.
Technologies like Dynamic Delivery or «Bundles» do not allow the delivery of complete applications so platform manipulate the files, not developers. Making archiving and distribution by third-party stores, users and developers more difficult.
And of course, limitations in the processes for the publication of third-party stores. So no competitors on Google Play.
From here, we continue working on what we have to. I can say that Uptodown is already legendary with more than 20 years of history on the internet, having served thousands of millions of users. This motivates us in our true mission, to keep this bastion of independent resistance that is Uptodown alive, no matter what threatens us.
Thank you again to all who have supported us during this process.