Earlier this week, US District Judge James Donato issued an order that both Epic Games and Google make an attempt to settle their grievances, outside the presence of the jury. The order comes after the judge made a somewhat surprising discovery: neither side thought about doing just that, with the former decidedly launching straight into filing a lawsuit. “This is solvable”, said the judge.
The live coverage of The Verge in what they are adoringly calling “Fortnite Court” indicates that, when the judge asked Epic’s legal team if it had tried to at least settle the dispute with the search engine outside of court, it simply indicated that it didn’t. Likewise, that very same thought never crossed Google’s mind. This puzzled the judge but nevertheless led him to make the order which we stated earlier.
For context, it is usually “good” practice between litigants to attempt to come to some sort of deal, a settlement if you will, before even going to court. The process ensures a fair deal for both sides. This also helps the parties save on what can sometimes be costly legal fees but more importantly, it brings whatever disputes that exist between the two parties to a close right there and then.
As confused as the judge may have been, that wasn’t the case for Epic Games. Apparently, the company’s CEO, Tim Sweeney, had no intention of settling and that his decision to launch straight into a lawsuit is all about sending a message.
That message is simply this: Sweeney wants Epic and other developers to have the freedom to distribute software on Android platform, without the current requirement of going through Google’s Play Store. Whether or not he wins the lawsuit isn’t the goal, but again, about setting a precedence for other companies that do not wish to be pander to Google’s whims.
Epic Games’ attorney says the company is seeking three criteria from the lawsuit: The freedom for Epic and other developers to introduce unrestricted store apps on the Android platform, the ability to use external payment systems, and “to be sure Google can’t reintroduce the same problems through some alternative creative solution.”
