The Apple executive is going to testify in the antitrust case


What Do You Need to Know About Duck Duck DuckGo? Or Should You STOP NOW? Comment on Cue’s US v. Google Trial

Cue was on the stand as a witness in US v. Google, the landmark antitrust trial over Google’s search business. The US Department of Justice is trying to get rid of the default search engine in all Apple devices, as part of a strategy to bring down the cost of healthcare.

That question — whether Apple picked Google because it’s the most lucrative choice or the best product — was a key part of Cue’s testimony and, in fact, a key part of the DOJ’s entire case against Google. In order for it to be the default search engine on practically every platform, it is necessary for the Justice Department to have deals with companies like Apple and others.

But Google pays a handsome sum for prime placement in both the Apple and Android ecosystems; the Justice Department has referred to a number “over $10 billion” paid to Apple annually, although the exact price remains unknown. And other search engine makers argue it’s nearly impossible to build a loyal following that could rival it. Gabriel Weinberg, CEO of Duck DuckGo, said in testimony that if you switch some of the defaults then you will be switched back to the original search engine.

Weinberg said that DuckDuckGo was unable to get its privacy focused search engine implemented in browsers incognito mode and was stymied by the Google deals. Weinberg countered by saying the choice screens were poorly designed, and that DuckDuckGo has failed to get a boost because of European laws that require users to pick a search engine.

Meagan Bellshaw, a Justice Department lawyer, asked Cue if he would have walked away from the deal if the two sides couldn’t agree on a revenue-share figure. Cue said he’d never really considered that an option: “I always felt like it was in Google’s best interest, and our best interest, to get a deal done.” Cue also argued that the deal was about more than economics and that Apple never seriously considered switching to another provider or building its own search product. At that time, there wasn’t a valid alternative to the internet. He said there is still no one.

Apple defends Google Search deal in court: ‘There wasn’t a valid alternative’ — Eddy Cue, above, pointing to the monitor

Eddy Cue, in a dark suit, peered down at the monitor in front of him. The screens in the Washington, DC, courtroom had briefly malfunctioned and left witnesses with only binders, but now the tech was up and running — showing an image of three iPhones, each demonstrating a part of the phone’s setup process. Cue squinted down at the screen.

He said the resolution on this was terrible. You should buy a Mac. There was some laughter in the otherwise quiet courtroom. When Judge Mehta leaned into his microphone and asked Apple if they would make a donation, he got bigger laughs. Everyone got back to business after that.

Source: Apple defends Google Search deal in court: ‘There wasn’t a valid alternative’

The Privacy Pop-Ups: How Apple Decided What It Wanted to Say About Us and What It Can Say About Google, and Where It Was

As for the privacy pop-ups? Bellshaw began to take questions about how Apple decided who had the best product. She asked Cue if Apple believes user privacy is important, to which he said, “Absolutely.” She showed a bunch of emails and slides, which were from Apple and Cue, accusing Google of privacy policies. Cue readily agreed. “We’ve always thought we had better privacy than Google,” he told Bellshaw. He said that one provision of the ISA with Google was that Google had to allow people to search without logging in and that Apple has done things in Safari and around its platforms to make it harder for Google or anyone else to track users.

The talks between the two sides were complicated when Apple asked for a higher percentage of revenue from Apple users to go to the search engine. The discussion of specific numbers was reserved for closed court sessions, but Apple wanted to get a higher percentage, while Pichai wanted to keep the deal. They were able to compromise on another number, and have been paying Apple that amount ever since.

Bell Shaw asked about the setup process. Those three screenshots showed the Appearance screen that shows up when you first boot up your iPhone so you can pick font sizes; the location-tracking prompt that appears when you open Maps; and the App Tracking Transparency pop-up that tells you when an app wants to collect your data. Cue objected to all these things being considered part of setup, but Bellshaw’s point was that Apple offers its users a choice about lots of things, big and small, and that search could be one of them.