In 2024, when Apple took down the free music streaming application Musi from the App Store, the developers initiated legal action. This week, a federal judge dismissed the case with prejudice, potentially setting a significant precedent regarding App Store delistings. Here are the specifics.
Apple achieved nearly a total legal victory. US District Judge Eumi Lee in the Northern District of California ruled to dismiss Musi Inc.’s lawsuit against Apple in 2024 with prejudice.
In summary, Musi was a free music streaming service that sourced songs from YouTube, which was removed from the App Store following Google’s claim that it infringed its video platform’s terms of service. Conversely, Musi refuted this claim from the beginning, stating that its operation was akin to users accessing YouTube via a web browser.
After the app was removed, Musi Inc. filed a lawsuit, claiming that Apple had acted in bad faith, admitting “that it knowingly relied on false evidence” to remove Musi from the App Store.
Today, Judge Lee determined that Apple is permitted to remove apps from the App Store “with or without cause,” as outlined in the Apple Developer Program License Agreement.
The clear language of the DPLA applies as it is straightforward and unequivocal: 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 wording, Apple had the authority to stop offering the Musi app without cause, provided that Apple gave notice to Musi. The complaint states, and Musi does not contest, that Apple provided the necessary notice to Musi. […] Therefore, Apple’s choice to remove the Musi app from the App Store did not violate the DPLA.
Alongside the dismissal of the lawsuit, Judge Lee also partially approved Apple’s motion for Rule 11 sanctions against Musi Inc.’s legal team, criticizing its lawyers for making the “bad faith” claim without any factual basis.
In her ruling, Judge Lee remarked that “this is one of the rare cases in which Rule 11 sanctions are necessary and appropriate,” leading to Musi Inc.’s law firm being ordered to cover Apple’s legal fees and expenses related to the sanctions motion.
Given that the lawsuit was dismissed with prejudice, Musi Inc. is barred from refiled the same claim in court.
You can view Judge Lee’s order that granted Apple’s motion to dismiss the lawsuit [here](https://storage.courtlistener.com/recap/gov.uscourts.cand.437479/gov.uscourts.cand.437479.96.0.pdf), and her order that partially granted Apple’s motion for Rule 11 sanctions [here](https://storage.courtlistener.com/recap/gov.uscourts.cand.437479/gov.uscourts.cand.437479.97.0.pdf).