Unfortunately I think the Judge does not understand the context here, users of whatsapp will simply use another messaging app - the role of a messaging app is not to store users conversations but relay them.
Any messaging app that actively stores conversations, and then turns them over to anyone when requested will simply not be used by the public (or if it is, it won't be for very long).
Any messaging app that actively stores conversations, and then turns them over to anyone when requested will simply not be used by the public (or if it is, it won't be for very long).