{"id":79538,"date":"2024-10-08T09:01:50","date_gmt":"2024-10-08T09:01:50","guid":{"rendered":"https:\/\/www.cryptocabaret.com\/?p=79538"},"modified":"2024-10-08T09:01:50","modified_gmt":"2024-10-08T09:01:50","slug":"musi-sues-apple-over-app-store-removal-following-youtube-complaint","status":"publish","type":"post","link":"https:\/\/www.cryptocabaret.com\/?p=79538","title":{"rendered":"\u2018Musi\u2019 Sues Apple Over App Store Removal Following YouTube Complaint"},"content":{"rendered":"

\"musiLast month, Apple removed<\/a> the popular music streaming app Musi from its App Store. The removal is rather significant because the app has millions of users. <\/p>\n

Apple\u2019s action didn\u2019t come as a complete surprise, as music industry groups had been trying to take the app down for months. They branded Musi a \u2018parasitic\u2019 app<\/a> that skirts the rules.<\/p>\n

Why action is being taken now remains a mystery. None of the parties involved have commented in detail on the reason for the removal. Musi, in response to the takedown, acknowledged the problem and said that it hoped to resolve it.<\/p>\n

However, with Apple seemingly unwilling to reverse its decision, Musi has now opted to pursue legal action.<\/p>\n

Musi Sues Apple<\/h2>\n

In a complaint filed at a California federal court, Musi sues Apple for breach of contract, as well as a breach of the implied covenant of good faith and fair dealing. The music app believes that the takedown was unjustified and wants Apple to reinstate it. <\/p>\n

\u201cThis case arises from Apple\u2019s abrupt removal of Musi\u2019s mobile software application from the Apple App Store, based upon an unsubstantiated third-party complaint, and in violation of the parties\u2019 contractual agreements,\u201d the complaint begins. <\/p>\n

\u201cDespite its obligations to investigate complaints in good faith, Apple removed the Musi app based upon unsupported accusations from a third party who has failed to respond to Musi\u2019s communications. Worse, Apple was fully aware that the third party had failed to substantiate its claims to Musi.\u201d <\/p>\n<\/p>\n

Musi vs. Apple<\/em><\/center>
\"musi<\/center><\/p>\n

Existing users who already installed Musi can continue to use Musi. However, the app can no longer be downloaded, effectively preventing new users from accessing the service. This puts the future of the software company in jeopardy, as Apple is the only platform where it\u2019s available. <\/p>\n

Complaint from \u2018YouTube Legal\u2019<\/h2>\n

In our initial coverage of the removal, we cited information which suggested that YouTube was involved in the matter. The complaint confirms that\u2019s indeed the case. According to Musi, Apple\u2019s action was triggered by a five-word complaint from \u2018YouTube Legal\u2019 which was sent to Apple late July. <\/p>\n

The takedown notice from YouTube Legal merely states that Musi is \u201cviolating YouTube Terms of Service\u201d, without any concrete allegations. <\/p>\n<\/p>\n

Apple email, YouTube complaint<\/em><\/center>
\"five<\/center><\/p>\n

While YouTube is known to take action against external software that abuses its API to offer competing services, Musi maintains that it doesn\u2019t rely on YouTube\u2019s API and is unaware of any TOS violations.<\/p>\n

In response to the notice, Musi\u2019s attorney tried to obtain more details from YouTube, but according to the complaint, the requests went unanswered. <\/p>\n

\u2018Musi Remains Unheard\u2019<\/h2>\n

In addition to reaching out to YouTube, Musi also tried to engage with Apple. Instead of more clarity, however, Musi\u2019s calls went unanswered, and the matter remained unresolved. <\/p>\n

According to an email YouTube sent to Apple on September 6, Musi didn\u2019t reach out to its legal team. Citing continued Terms of Service violations, YouTube therefore requested Apple to remove the app. <\/p>\n<\/p>\n

YouTube\u2019s email on September 6<\/em><\/center>
\"youtube<\/center><\/p>\n

Musi responded directly to YouTube\u2019s email, noting that they had<\/em> contacted YouTube and remained eager to resolve the issue. However, this had no effect on Apple\u2019s decision, and on September 24th, the company informed Musi that the app would be removed.<\/p>\n

The removal email specifically cites \u201cintellectual property infringement\u201d as the reason to remove the app. <\/p>\n

\u201cApple informed you of the claim, and of your responsibility to resolve the matter directly with the Claimant, or risk removal of your app from the App Store. We regret that the dispute could not be resolved amicably. As a result, your app will be removed from the App Store on the basis of intellectual property infringement,\u201d Apple wrote. <\/p>\n<\/p>\n

Removed<\/em><\/center>
\"removed\"<\/center><\/p>\n

Unjustified Removal?<\/h2>\n

Despite Musi\u2019s repeated attempts to obtain clarification, the specific YouTube terms violated remain unclear. According to the complaint, Apple was aware of this lack of clarity but proceeded to remove the app anyway.<\/p>\n

\u201cApple nonetheless suddenly and unjustifiably removed the Musi app from the App Store on the basis of the July 2024 complaint. To date, the Musi app has not been restored,\u201d Musi writes. <\/p>\n

\u201cThe removal was all the more galling in light of the fact that Apple threatened to remove the app if Musi did not try to resolve the alleged complaint with the Complainant, and Apple was fully aware that the Complainant had elected not to communicate in any way directly with Musi.\u201d <\/p>\n

Email correspondence reveals that YouTube first complained to Apple in March 2023, and sent repeated notices after that. These notices didn\u2019t result in any action, but Apple eventually removed Musi following the July 2024 notice.<\/p>\n

Musi Demands Restoration and Damages<\/h2>\n

Musi ultimately claims that the removal was unjustified, as Apple removed the app based on an unsubstantiated third-party complaint without a thorough investigation. Musi says that it didn\u2019t get a fair chance to explain the supposed misunderstanding of the app\u2019s functionality.<\/p>\n

As a result, the complaint accuses Apple of contract breach and violating the implied covenant of good faith and fair dealing. Through the lawsuit, the company hopes to set the record straight. <\/p>\n

The main goal is to obtain an injunction that requires Apple to restore Musi in the App store. In addition, the company also seeks compensation for all damages it suffered as a result of the \u2018unjustified\u2019 removal. <\/p>\n

This case is likely to be closely watched by the tech and music industries, as it could set a precedent for future app takedown disputes, as well as potential disputes about the third-party use of YouTube content.<\/p>\n

\u2014<\/em><\/p>\n

A copy of Musi\u2019s complaint against Apple, filed at the U.S. District Court for the Northern District of California, is available musi-apple<\/a><\/p>\n

From: TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\n

Powered by WPeMatico<\/a><\/small><\/p>\n","protected":false},"excerpt":{"rendered":"

Last month, Apple removed the popular music streaming app Musi from its App Store. The removal is rather significant because the app has millions of users. Apple\u2019s action didn\u2019t come as a complete surprise, as music industry groups had been trying to take the app down for months. They branded Musi a \u2018parasitic\u2019 app that […]<\/p>\n","protected":false},"author":2,"featured_media":79539,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[308],"tags":[],"class_list":["post-79538","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-torrent"],"_links":{"self":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/79538","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=79538"}],"version-history":[{"count":0,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/79538\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/media\/79539"}],"wp:attachment":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=79538"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=79538"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=79538"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}