When Apple delisted free music streaming app Musi from the App Store in 2024, it resulted in the app’s developers suing Apple over the removal. Apple scored a legal victory this week, as a federal judge has dismissed the lawsuit with prejudice, meaning Musi’s legal team cannot file the same claim again in court.
Ars Technica reports US District Judge Eumi Lee in the Northern District of California has dismissed a lawsuit filed against Apple and its App Store that Musi Inc. back in 2024. The lawsuit was dismissed with prejudice, meaning that the developer is legally blocked from filing the same lawsuit again.
Musi was a free streaming music app that pulled the songs it played from YouTube. Apple delisted the app when Google complained that the app violated the video streaming service’s terms of service.
For its part, Musi arguing that the app does the same thing as users when they manually access YouTube content through a web browser.
Following the the Musi app’s delisting, the Musi Inc. legal team sued Apple, arguing that the Cupertino company had acted in bad faith, and “knowingly relied on false evidence” to come to the decision to delist the Musi App from the App Store.
In Judge Lee’s ruling she noted that Apple is allowed to delist apps from the App Store “with or without cause,” Thanks to Apple stipulating that in the Apple Developer Program License Agreement that Musi agreed to.
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.
Judge Lee also partly granted Apple’s motion requesting sanctions against Musi Inc.’s law firm, for a violation of Federal Rule of Civil Procedure 11(b), which requires that factual contentions have evidence to support them.
Musi’s legal team alleged that Apple had colluded with to remove Musi from the App Store, while “knowingly relied on false evidence.”
In Judge Lee’s decision, she said the case was rare in that Rule 11 sanctions were both “necessary and appropriate.” Musi Inc.’s law firm was ordered to reimburse Apple for its legal fees and costs related to the sanctions motion.
Judge Lee’s order can be read in full here, while her Rule 11 sanctions order can be read at your leisure here.