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A lawsuit brought against Apple by music streaming app Musi has been dismissed by a federal judge, after she ruled that Apple's developer agreement gives it the right to remove any app from the App Store at any time, "with or without cause."

app-store-awards-2022.jpg

Launched in 2013 by two Canadian teenagers, Musi was an app that played YouTube videos in a stripped-down interface, showed its own ads (removable for $5.99), and let users build playlists. Basically, it was a free music streaming service built on top of YouTube's content 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 in September 2024, following pressure 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 on unsubstantiated intellectual property claims from YouTube. The lawsuit went so far as to argue that Apple had violated its own Developer Program License Agreement (DPLA), and that Apple was required to conduct a review and form a "reasonable belief" that the app infringed IP rights before pulling it.

However, Northern California district judge Eumi Lee rejected that argument entirely. The DPLA's plain language allows Apple to stop offering an app at any time as long as it provides notice, said the judge, adding that the "reasonable belief" clause does not limit that broad right. On this basis, the case was summarily dismissed with prejudice – a legal term meaning Musi cannot refile the same claims (but it could still appeal).

Lee, writing in the court motion:
"The plain language of the DPLA governs because it is clear and explicit: Apple may 'cease marketing, offering, and allowing download by end-users of the [Musi app] at any time, with or without cause, by providing notice of termination.' Based on this language, Apple had the right to cease offering the Musi app without cause if Apple provided notice to Musi. The complaint alleges, and Musi does not dispute, that Apple gave Musi the required notice. Therefore, Apple's decision to remove the Musi app from the App Store did not breach the DPLA."
The ruling also came with a striking rebuke of Musi's legal team. Judge Lee sanctioned law firm Winston & Strawn for alleging that Apple had "admitted" to knowingly relying on false evidence – a claim the judge found had no factual basis, even after Musi's lawyers had spent two months reviewing Apple's internal documents and deposing its employees.

Sanctions are an unusual step in which a court penalizes attorneys for making claims that lack evidentiary support. Judge Lee admonished the firm for "making up facts," and ordered it to pay Apple's costs related to the sanctions motion.

It wasn't the first time Musi's conduct had come under scrutiny in the case, either. Apple alleged in a separate May 2025 filing that Musi founder Aaron Wojnowski had previously forwarded a fabricated email to Apple, purportedly from a Universal Music Group (UMG) executive, in an attempt to get the app reinstated after an earlier removal. UMG later informed Apple that the email was fraudulent, according to Apple's filing.

In a curious twist, Musi actually asked the judge to award them attorneys' fees for having to defend against Apple's sanctions motion. The judge called this "audacious" given that Musi lost on every front.

Perhaps most notably, the ruling could have broader implications well beyond the Musi app. Given that the ruling affirms the DPLA's language so clearly, it arguably gives Apple strong legal backing for future app removals, regardless of the stated reason. Going forward, developers challenging their app's removal from the App Store are therefore likely to have a harder time arguing Apple breached its own agreement.

Article Link: Apple Wins Decisive Victory in Musi App Store Removal Lawsuit
 
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Yeah, this was the right ruling, contractually, but it's still troubling for anyone who is under the mistaken belief that they own their phone.
You own the physical part of your device (nothing is stopping you from smashing it with a hammer or tossing it off a bridge).

The software is essentially under a perpetual license. You have never owned it.

And since I am here, taking a break from work (procrastinating in a way), let's pre-emptively address what I suspect will be a couple of common talking points.

1) Whether Apple is a monopoly or not is besides the point, since in the US at least, it is not illegal to be a monopoly, nor does Apple have a duty to deal with developers. It's also a specious argument, since only Apple manufactures iPhones, and they therefore have a monopoly on the distribution of iOS apps regardless of whether they have sold 1 iPhone or 1 billion.

I find this case to be similar to the Epic lawsuit in 2020 where the developer knowing violated terms of service. Again, it is Apple's platform and they can do what they want with it, and it didn't help the developer's case in that he was clearly in the wrong by essentially abetting piracy here.

2) It's notable that in an earlier case where Apple removed the Iceblock app, the developer sued the US government, not Apple. I think this was the MUSI developer's misstep (he sued Apple instead of YouTube), but I doubt he would have fared much better against either Google or the Music labels. Either way, he has to have known that his app was always living on borrowed time.

3) Whether users should be allowed to sideload apps onto iOS is another argument for another day. This case is pretty clear-cut, and the judge's role here is to upload the laws as they are written, not create new ones. My stance here hasn't changed, for those who have interacted with me long enough. It is what it is.

A pretty straightforward case overall, though it's just going to further entrench arguments and beliefs on both sides.
 
Winston & Strawman is a relatively major law firm -- not top 20 but perhaps top 50 -- and their "alleged" behavior is the kind of thing that would lose a case even if their client was in the right.

Not a big fan of Apple's app store policies but Musi doesn't seem above board at all.

So I guess this is comedy?
 
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If you want to be stuck in a censored app store, that's fine. Just give the rest of us choice. Apple isn't going to let you vibe code, they aren't going to let you skip ads, they aren't going to let you track ICE, etc. etc. But if developers are making apps they don't want in their app store, there should be an alternative.

You’re simply wrong. If you hate Apple products so much you’re 100% free to use alternatives. You don’t have the right to force Apple to change to suit your needs nor do you have the right to lower my privacy/security because you want to illegally watch licensed content.

These companies could easily make browser-based versions of their Apps if they wanted and Apple places ZERO restrictions on what web sites you visit. The adult entertainment industry has no problems getting their content to iPhone users via the browser. Maybe developers should look at how they’re able to do that. Or ask an AI agent how their websites work.
 
Important to note this also applies to Windows. You can build your own PC but any software you run on it is licensed.

Except Linux, Free/OpenBSD/etc.
[yes they have licenses but I hope we don't have to get stuck on that semantic]

The point is PC hardware is useful without the take-it-or-leave-it license that comes with iOS, the only OS that can run on an iPhone without a jailbreak. One can choose to use Windows and be bound by its license in exchange for the benefits or choose from multiple alternatives. Intel Macs and to some extent Apple Silicon Macs also have options. An iPhone without accepting the iOS license is essentially a brick.
 
But there is copyright law that makes you pay to watch or read things.
Wow. That's not what copyright is about at all. It protects the creator from having their work copied without permission. There is no mention of compensation anywhere in the law. There are zero laws being broken by skipping an ad. Adblockers have been around for over a decade and are 100% complying with all laws.
 
These companies could easily make browser-based versions of their Apps if they wanted and Apple places ZERO restrictions on what web sites you visit. The adult entertainment industry has no problems getting their content to iPhone users via the browser. Maybe developers should look at how they’re able to do that. Or ask an AI agent how their websites work.

Um not on what you visit no but browser engine is mandatory and very restrictive
 
If you want to be stuck in a censored app store, that's fine. Just give the rest of us choice. Apple isn't going to let you vibe code, they aren't going to let you skip ads, they aren't going to let you track ICE, etc. etc. But if developers are making apps they don't want in their app store, there should be an alternative.
The alternative is android. That is the alternative. Maybe Linux. People rail against Apple for having deceitful apps in the App Store, but sketchy apps are okay. (Yes that is a strawman)
 
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