In what is believed to be a progressive move, Google Play announced on Thursday announced, that it will start a limited-time pilot programme that will enable distribution of fantasy sports and rummy apps to users in India by developers incorporated in India. The pilot programme is expected to begin from September 28, 2022 for a period of one year. However, the gaming industry finds the policy discriminatory as the digital distribution service has only incuded fantasy and rummy, overlooking many other skill based games such as poker, chess, among others. While a change of stand by Google to open Google play to very selective real money gaming products is welcome, however, the selective exclusion of all real money games (RMG) except rummy and fantasy is clearly discriminatory, Abhishek Malhotra, managing partner, TMT Law Practice, told BrandWagon Online. “This certainly creates an unnecessary distinction between the different kinds of games offered under the RMG category in the fast-emerging gaming industry,” he added.
Interestingly, the reversal of policy of Google Play is only applicable in India as internationally all online games are already available on the store. Similarly, Google Play’s rival, Apple App Store also already lists the games and allows users to download them. However, as per industry estimates, Google Play Store has almost 95% market share of app distribution platforms in India. Hence, the dicrimantion ends up negatively impacting the gaming market in terms of onboarding of new users. Industry experts claim that the seclusion will have an impact of 70-75% to those apps/games who aren’t permitted on the platform as opposed to those who are. “While a change of stance by Google to finally open its platform to real money gaming apps is welcome, the selective exclusion of all real money skill games except rummy and fantasy is clearly discriminatory. It is unreasonable for Google to only allow rummy and fantasy games while foreclosing the door for all other skill-based games. This is yet another example of arbitrary platform policies and misuse of dominance,” Saumya Singh Rathore, co-founder, WinZO, said.
It is to be noted that in 2021, the Supreme Court gave a verdict in the favour of real money games by declaring them a game of skill and not chance, thereby bringing an end to the debate of gaming and gambling. Yet the Play Store didn’t incorporate the games on the pretext of ‘gambling’.
However, there are some in the industry who are supportive of Google’s decision. According to Sameer Barde, CEO, E-Gaming Federation, it is a positive move for the Indian online gaming industry which is growing at a CAGR of 38% and poised to reach five billion dollar by 2025. “This step will allow players to essentially play on platforms that follow best practices. Furthermore, Google’s measured approach to a safer user experience will encourage responsible gaming and help legitimate skill gaming operators grow while eliminating unscrupulous fly-by-night operators,” he added.
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