Court Exhibit·4 JUN 2020
Lock The Default, Own The Front Door
When you can't win the device, win every doorway on it.
Source document — Samsung RSA 2020 Term Sheet — Deal 1 (Email from Anna Kartasheva to Jim Kolotouros) · United States v. Google LLC (Search) · 1:20-cv-03010 (DCD), Trial Ex. UPX0609 — DOJ public archive
Excerpt · In Anna Kartasheva's own words
With the exception of Bixby (and/or successors): Edit based on product direction of Search/Assistant. We should add that Search within Google Assistant must default to Google and they can't promote/suggest that End Users change that. All other search access points (Launchers, Keyboards, Bixby, etc.): Google shall be the default for all search access points and Samsung shall receive revenue share for all designated and future search access points implemented prior to or during the course of the Contemplated Agreement. Suggestion: Add 'anywhere on a Core Qualified Device.'
1. Core Message
This is a snippet of Google's term sheet language for a 2020 Revenue Share Agreement with Samsung. Google is dictating that on Samsung phones, Google must be the default search engine across nearly every entry point — launchers, keyboards, and even Bixby — and that Samsung cannot nudge users to switch. Bixby gets a carve-out tied to "product direction of Search/Assistant." The suggested phrase "anywhere on a Core Qualified Device" is meant to make the default coverage as broad as possible.
2. What the Executive Is Really Thinking
The author is closing every door a rival search engine could walk through. The phrase "All other search access points (Launchers, Keyboards, Bixby, etc.): Google shall be the default" treats the phone not as one search box but as many — and demands all of them. The added line that Samsung "can't promote/suggest that End Users change that" shows awareness that even a small prompt from the device maker could move share. The reference to "future search access points" reveals defensive thinking: lock in not just today's surfaces but tomorrow's too. Revenue share is the carrot; default exclusivity is the stick.
3. Key Management Lessons
Defaults are the real product
What it means
Google is paying Samsung to control the default — not to be chosen, but to be pre-chosen.
Why it matters
Users rarely change defaults. Whoever owns the default owns the volume.
MBA Perspective
This is a textbook use of Switching Costs as a moat. The cost isn't financial; it's behavioral friction.
Real-world application
A SaaS founder negotiating with a platform should fight for default integration status, not just availability in a marketplace.
Define the surface area broadly
What it means
The suggested addition "anywhere on a Core Qualified Device" expands the contract from named entry points to all of them, including ones that don't exist yet.
Why it matters
Contracts written around today's product get bypassed by tomorrow's features. Broad language future-proofs the deal.
MBA Perspective
Platform Strategy: the platform isn't one slot, it's every slot. Treat the device as a bundle of access points.
Real-world application
When signing a distribution deal, define "placement" by outcome ("any user-initiated search") rather than by current UI elements.
Restrict the partner's ability to undermine you
What it means
Samsung must not "promote/suggest that End Users change" the default inside Google Assistant.
Why it matters
A partner who controls the device can quietly erode your position with one banner, prompt, or setup screen.
MBA Perspective
Resource-Based View applied to distribution: the partner's UI is a scarce resource. Restricting its use is part of the deal value.
Real-world application
In co-marketing or OEM deals, explicitly limit the partner's right to recommend alternatives, not just their right to install them.
Carve out only what you must
What it means
Bixby gets an exception, but tied to "product direction of Search/Assistant."
Why it matters
The author concedes the smallest possible exception while keeping editorial control over how that exception evolves.
MBA Perspective
Negotiation as scope management: give ground where the partner has legitimate strategic interest, hold ground everywhere else.
Real-world application
In any exclusivity clause, identify the one or two areas the counterparty truly needs to own — and govern even those with joint review rights.
4. Strategic Analysis (MBA Style)
Competitive Strategy
Google is buying distribution it cannot win on product merit alone at the OS level — Samsung makes the hardware and ships its own assistant (Bixby). Rather than fight Samsung surface by surface, Google pays for default status across all surfaces at once.
Risk Analysis
The risk Google is hedging against is fragmentation: a future where keyboards, launchers, and voice assistants each route queries to different search engines. The "future search access points" language shows the author is thinking about surfaces that haven't been built yet.
Build vs Buy Analysis
Google could try to build its own phone ecosystem to guarantee defaults (it has Pixel), but Samsung's volume dwarfs Pixel's. Buying default status via revenue share is cheaper and faster than buying market share.
Market Dynamics
The document implies a market where the device maker holds real power over user behavior, and where search engines must pay to neutralize that power. Revenue share is the price of access in a concentrated mobile OEM market.
Long-Term Strategic Implications
If this works, Google maintains a near-universal default footprint on Android without owning the hardware. If it fails — or is challenged — every "access point" Google didn't lock down becomes a foothold for a rival.
5. Hidden Insights
- Search is plural, not singular. The document treats "search" as something that happens in keyboards and launchers, not just in a search bar. That reframes the competitive surface.
- The partner is also a potential competitor. The Bixby carve-out and the no-promotion clause suggest Google sees Samsung as someone who could route queries elsewhere if left unconstrained.
- Money flows toward behavior control. Samsung gets revenue share "for all designated and future search access points" — meaning Samsung is paid more as it surrenders more surfaces. The economics reward exclusivity.
- Language is the lever. The suggested phrase "anywhere on a Core Qualified Device" is one line, but it potentially expands the deal's reach to every future UI element. Contract drafting is strategy.
How this surfaced
- Source type
- Court Exhibit
- Case / record
- United States v. Google LLC (Search)
- Citation
- 1:20-cv-03010 (DCD), Trial Ex. UPX0609 — DOJ public archive
- Date authored
- June 4, 2020
- License
- Public domain
- Original
- View the primary source →
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