4 ms·

No you can't sue them. Nobody has a right to publish apps on Google Play. They can be as arbitrary or incompetent as they like in what they do. As long as they

No you can't sue them. Nobody has a right to publish apps on Google Play. They can be as arbitrary or incompetent as they like in what they do. As long as they aren't violating some protected class criteria, there's not much a court is going to do. Google hasn't taken away anything. There is still a web and you're free to deploy what you want there on your terms. (Edits to correct Google's autocorrect errors.)

sverhagen 8y ago
Didn't they take away the level playing field when they created the playing field?
- ams6110 8y ago
  They built a nice new field with a wall around it and guards at the gates. The old open field with all the weeds and litter is still there.
  - dahfizz 8y ago
    So your complaint is that Google produced a better product? Or are you implying that Google is poisoning all other ecosystems?
  - balls187 8y ago
    Googles field is also full of weeds, and litter. And it's guards are fairly inept.
    - Aeolun 8y ago
      But it’s the field everyone plays on. What are you going to do. Play by yourself?
      - balls187 8y ago
        I'm not sure how that's relevant to the point that Google Play is full of malware.
  - holoduke 8y ago
    Your argue would not stand a chance in court. If a shoppingmall allows sellers to sell products in their shopping mall and suddenly the shoppingmall would dispel certain sellers resulting into a dispute then the normal us law system will apply.
    - lotsofpulp 8y ago
      A shopping mall has opportunity costs (limited availability of space, location, infrastructure needs) that computer based "malls" don't.
- dahfizz 8y ago
  It's real easy to contrive clever little gotchas in fluffy language talking about "playing fields" but what is it that you think they've done? Even accepting your premise that there is no longer a "level playing field", there's no legal reason to expect Google to help you publish your app anyway. Hence they have not taken or vioated any rights you think you have.
dingo_bat 8y ago
> There is still a web and you're free to deploy what you want there on your terms. Except if you publish something Google disagrees with. https://www.washingtonpost.com/news/morning-mix/wp/2017/08/14/godaddy-bans-neo-nazi-site-daily-stormer-for-disparaging-woman-killed-at-charlottesville-rally/?noredirect=on&utm_term=.fd32cc0e9662 https://www.washingtonpost.com/news/morning-mix/wp/2017/08/1...
balls187 8y ago
(IANAL) You CAN sue them, but for what is unclear. "Wielding too much power" isn't a crime. And even if you could find a legitimate reason, you are unlikely to win. I would assume Google Play's Terms of Service has several clauses, including indemnity, arbitration, and agreement that Google can remove your app at anytime for any reason. Any of those should be sufficient to have the suit summarily dimissed.
- supermatt 8y ago
  Simply because the ToS says that, it doesn't mean it's a fair contract. Whether you win would depend on the jurisdiction.
  - balls187 8y ago
    And resources at your disposal.
- gmueckl 8y ago
  That may be true for the US - I don't know US law well enough to say anything there. In large parts of Europe, however, there are very generic rules about what constitute fair contracts and some terms like forced arbitration may not be valid there. At the very least, it should be easier to involve lawyers and not get totally ignored by the other party. It's never pretty, but at least it is possible.
- ElBarto 8y ago
  It would be a civil case, not a criminal one, and it would be on the basis that they caused you a financial loss and a loss of reputation. The main issue IMHO is not so much whether that would be possible but the fact that they have infinite financial resources while you and I probably have very little money to throw at legal costs. So we're screwed.
- wyldfire 8y ago
  > You CAN sue them, but for what is unclear. "Wielding too much power" isn't a crime. Criminal statutes don't apply to an individual's remedy here. You can sue for damages, but, yes, "wielding power" is not evidence of damages. However, the power being wielded could be evidence in an anti-trust suit brought by the government. The Play Store does lots of interesting and innovative stuff in the space of automated tests to detect malware. But clearly there's a lot of room for improvement.
int_19h 8y ago
We can't sue them today, but we can write the laws under which they get sued tomorrow for pulling something like this - and that's the purpose of these conversations. Mostly it's just tweaking our existing monopoly laws to be a bit less blind.

sverhagen 8y ago

Didn't they take away the level playing field when they created the playing field?

ams6110 8y ago
They built a nice new field with a wall around it and guards at the gates. The old open field with all the weeds and litter is still there.
- dahfizz 8y ago
  So your complaint is that Google produced a better product? Or are you implying that Google is poisoning all other ecosystems?
- balls187 8y ago
  Googles field is also full of weeds, and litter. And it's guards are fairly inept.
  - Aeolun 8y ago
    But it’s the field everyone plays on. What are you going to do. Play by yourself?
    - balls187 8y ago
      I'm not sure how that's relevant to the point that Google Play is full of malware.
- holoduke 8y ago
  Your argue would not stand a chance in court. If a shoppingmall allows sellers to sell products in their shopping mall and suddenly the shoppingmall would dispel certain sellers resulting into a dispute then the normal us law system will apply.
  - lotsofpulp 8y ago
    A shopping mall has opportunity costs (limited availability of space, location, infrastructure needs) that computer based "malls" don't.
dahfizz 8y ago
It's real easy to contrive clever little gotchas in fluffy language talking about "playing fields" but what is it that you think they've done? Even accepting your premise that there is no longer a "level playing field", there's no legal reason to expect Google to help you publish your app anyway. Hence they have not taken or vioated any rights you think you have.

dingo_bat 8y ago

> There is still a web and you're free to deploy what you want there on your terms. Except if you publish something Google disagrees with. https://www.washingtonpost.com/news/morning-mix/wp/2017/08/14/godaddy-bans-neo-nazi-site-daily-stormer-for-disparaging-woman-killed-at-charlottesville-rally/?noredirect=on&utm_term=.fd32cc0e9662 https://www.washingtonpost.com/news/morning-mix/wp/2017/08/1...

balls187 8y ago

(IANAL) You CAN sue them, but for what is unclear. "Wielding too much power" isn't a crime. And even if you could find a legitimate reason, you are unlikely to win. I would assume Google Play's Terms of Service has several clauses, including indemnity, arbitration, and agreement that Google can remove your app at anytime for any reason. Any of those should be sufficient to have the suit summarily dimissed.

supermatt 8y ago
Simply because the ToS says that, it doesn't mean it's a fair contract. Whether you win would depend on the jurisdiction.
- balls187 8y ago
  And resources at your disposal.
gmueckl 8y ago
That may be true for the US - I don't know US law well enough to say anything there. In large parts of Europe, however, there are very generic rules about what constitute fair contracts and some terms like forced arbitration may not be valid there. At the very least, it should be easier to involve lawyers and not get totally ignored by the other party. It's never pretty, but at least it is possible.
ElBarto 8y ago
It would be a civil case, not a criminal one, and it would be on the basis that they caused you a financial loss and a loss of reputation. The main issue IMHO is not so much whether that would be possible but the fact that they have infinite financial resources while you and I probably have very little money to throw at legal costs. So we're screwed.
wyldfire 8y ago
> You CAN sue them, but for what is unclear. "Wielding too much power" isn't a crime. Criminal statutes don't apply to an individual's remedy here. You can sue for damages, but, yes, "wielding power" is not evidence of damages. However, the power being wielded could be evidence in an anti-trust suit brought by the government. The Play Store does lots of interesting and innovative stuff in the space of automated tests to detect malware. But clearly there's a lot of room for improvement.

int_19h 8y ago

We can't sue them today, but we can write the laws under which they get sued tomorrow for pulling something like this - and that's the purpose of these conversations. Mostly it's just tweaking our existing monopoly laws to be a bit less blind.