Apple Wins Decisive Victory in Musi App Store Removal Lawsuit

A suit brought against Apple by euphony streaming app Musi has been dismissed by a national judge, aft she ruled that Apple's developer statement gives it the close to region immoderate app from the App Store astatine immoderate time, "with oregon without cause."


Launched successful 2013 by 2 Canadian teenagers, Musi was an app that played YouTube videos successful a stripped-down interface, showed its ain ads (removable for $5.99), and fto users physique playlists. Basically, it was a escaped euphony streaming work built connected apical of YouTube's contented but without paying rights holders, and it was downloaded from the App Store tens of millions of times.

Musi claimed it complied with YouTube's terms, but Apple pulled it from the App Store successful September 2024, pursuing unit from Sony, the International Federation of the Phonographic Industry (IFPI), and the National Music Publishers Association.

Musi subsequently sued Apple for pulling the app, alleging that its removal was based connected unsubstantiated intelligence spot claims from YouTube. The suit went truthful acold arsenic to reason that Apple had violated its ain Developer Program License Agreement (DPLA), and that Apple was required to behaviour a reappraisal and signifier a "reasonable belief" that the app infringed IP rights earlier pulling it.

However, Northern California territory justice Eumi Lee rejected that statement entirely. The DPLA's plain connection allows Apple to halt offering an app astatine immoderate clip arsenic agelong arsenic it provides notice, said the judge, adding that the "reasonable belief" clause does not bounds that wide right. On this basis, the lawsuit was summarily dismissed with prejudice – a ineligible word meaning Musi cannot refile the aforesaid claims (but it could inactive appeal).

Lee, penning successful the court motion:
"The plain connection of the DPLA governs due to the fact that it is wide and explicit: Apple whitethorn 'cease marketing, offering, and allowing download by end-users of the [Musi app] astatine immoderate time, with oregon without cause, by providing announcement of termination.' Based connected this language, Apple had the close to cease offering the Musi app without origin if Apple provided announcement to Musi. The ailment alleges, and Musi does not dispute, that Apple gave Musi the required notice. Therefore, Apple's determination to region the Musi app from the App Store did not breach the DPLA."The ruling besides came with a striking rebuke of Musi's ineligible team. Judge Lee sanctioned instrumentality steadfast Winston & Strawn for alleging that Apple had "admitted" to knowingly relying connected mendacious grounds – a assertion the justice recovered had nary factual basis, adjacent aft Musi's lawyers had spent 2 months reviewing Apple's interior documents and deposing its employees.

Sanctions are an antithetic measurement successful which a tribunal penalizes attorneys for making claims that deficiency evidentiary support. Judge Lee admonished the steadfast for "making up facts," and ordered it to wage Apple's costs related to the sanctions motion.

It wasn't the archetypal clip Musi's behaviour had travel nether scrutiny successful the case, either. Apple alleged successful a abstracted May 2025 filing that Musi laminitis Aaron Wojnowski had antecedently forwarded a fabricated email to Apple, purportedly from a Universal Music Group (UMG) executive, successful an effort to get the app reinstated aft an earlier removal. UMG aboriginal informed Apple that the email was fraudulent, according to Apple's filing.

In a funny twist, Musi really asked the justice to grant them attorneys' fees for having to support against Apple's sanctions motion. The justice called this "audacious" fixed that Musi mislaid connected each front.

Perhaps astir notably, the ruling could person broader implications good beyond the Musi app. Given that the ruling affirms the DPLA's connection truthful clearly, it arguably gives Apple beardown ineligible backing for aboriginal app removals, careless of the stated reason. Going forward, developers challenging their app's removal from the App Store are truthful apt to person a harder clip arguing Apple breached its ain agreement.
This article, "Apple Wins Decisive Victory successful Musi App Store Removal Lawsuit" archetypal appeared connected MacRumors.com

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