Today was the deadline for Google to reveal how it’s complying with Judge James Donato’s order to crack open Android for third-party app stores, stop illegally tying its Google Play Billing system to its app store, and let developers link to ways to download their apps outside the Play Store in the US.
But Google isn’t just letting app developers do things however and whenever they’d like. The company’s quietly updated its support pages with a January 28th deadline to enroll in specific Google programs for “alternative billing” and “external content links” — and these programs will come with large alternative fees of their own, assuming Judge Donato doesn’t opt for Epic and Google’s proposed settlement instead.
While it isn’t collecting fees yet, Google says it will charge developers $2.85 for every app and $3.65 for every game a user installs within 24 hours of clicking a link that takes you outside Google’s app store to download them outside the Google ecosystem.
Plus, it’ll take a 20 percent cut of any in-app purchases and 10 percent of any auto-renewing subscriptions. Apps still need to be submitted to Google for review, use a Google API to track them, and developers have to report all transactions (including $0 free trials) if they want to participate.
Meanwhile, developers who want to offer their own billing solutions will only get a 5 percent discount compared to Google’s current fees, likely making it not worth the effort to try alternative billing at all. Google will charge 25 percent for in-app purchases and 10 percent for auto-renewing subscriptions there; devs will need to integrate a Google API to track those, and report all transactions within 24 hours.
The company will cap some of these fees at 10 percent of a developer’s first $1 million of earnings, making it a bit easier for small developers, but perhaps no easier than it is currently. Google already offers a similar cap at 15 percent, so this too is a 5 percent discount.
How will Judge James Donato react? When Apple told Judge Yvonne Gonzalez Rogers it would require a 27 percent fee for external payments in the parallel Epic v. Apple case, she found Apple in contempt of court, and an appeals court backed up that decision just days ago. However, the appeals court did suggest that Apple may be able to collect some fee, writing that:
Apple should be able to charge a commission on linked-out purchases based on the costs that are genuinely and reasonably necessary for its coordination of external links for linked-out purchases, but no more.
Google currently claims that “the fees associated with the external content links program reflect the value provided by Android and Play and support our continued investments across Android and Play.”
But Google also says it won’t collect any fees quite yet, writing:
In the future, Google intends to apply a service fee on successful transactions and downloads completed via external content links. At this time, however, Google is not assessing these fees and is therefore not requiring developers in this program to report these transactions or downloads to Google.
In their joint progress report today, Epic and Google’s lawyers write that while Epic agrees with the January 28th deadline and other requirements, “Epic has indicated that it opposes the service fees that Google announced it may implement in the future and that Epic will challenge these fees if they come into effect.”
Of course, none of this will come to pass if Judge Donato accepts Google and Epic’s proposed settlement instead, which would generally apply worldwide (instead of just in the US) and comes with lower standard transaction fees.
But Google signaled that settlement, too, would come with fees on alternative billing and external app downloads, and Judge Donato seemed skeptical of the settlement in November. He’s ordered an evidentiary hearing on January 22nd before he makes a decision.
Since Google’s support pages seem to be fluid as Epic v. Google continues, we’ve archived copies of their current text below.