Days after gaming platform WinZO filed an injunction against the US-based tech giant Google, the Delhi High Court has sought Google’s response to the lawsuit. The court has granted Google four weeks to submit a written response during the hearing held on September 22.
The next hearing will be held in November 2022.
WinZO’s lawsuit comes after Google announced a Play Store policy, wherein it asked fantasy sports and rummy platforms to list their apps in a one-year pilot. The gaming platform argued that the move was discriminatory and that real money and skill-based games (such as WinZO) should also be included.
The legal team of the gaming platform also argued that Google’s policy leaves behind games such as chess, carrom, 8-ball pool and more, even though India’s legal parameters don’t allow Google to control ‘transmission’ on its platform.
WinZO also claimed that the policy would impact its reputation, limit innovation, is anti-competitive and can lead to ‘distortions’ in the competitive Indian gaming ecosystem. The company claims that with its large distribution, Google controls 97% of the market, and restricts WinZO and other skill-based gaming platforms’ reach.
During the hearing, Google argued the ‘maintainability of the suit’, stating that it did not involve any IP or IT Act issues. The single-bench court, on the other hand, reasoned that it needed to consider the maintainability issue and gave four weeks’ time to Google to file its response.
It is noteworthy that Google previously did not allow any fantasy, rummy or real money-based gaming apps on its Play Store. For instance, Mobile Premier League (MPL), Dream11, My11 Circle, Paytm First Games and more, are not listed on the Google Play Store. While these apps are available on the iOS store, Android users need to download their APKs to use them.
WinxZO partners with third-party developers and hosts 100+ games such as carrom, Sniper 3D, Bubble Shooter, and Knife Up, among others. The app, too, needs to be installed via an APK.
As Google started warming up to these gaming platforms, it announced a one-year pilot for fantasy and rummy platforms (such as Dream11) to list subject to certain conditions. The pilot would begin on September 28 despite the lawsuit.