{"id":83319,"date":"2025-05-28T09:00:30","date_gmt":"2025-05-28T09:00:30","guid":{"rendered":"https:\/\/www.cryptocabaret.com\/?p=83319"},"modified":"2025-05-28T09:00:30","modified_gmt":"2025-05-28T09:00:30","slug":"musi-alleges-apples-app-store-removal-was-orchestrated-seeks-sanctions","status":"publish","type":"post","link":"https:\/\/www.cryptocabaret.com\/?p=83319","title":{"rendered":"Musi Alleges Apple\u2019s App Store Removal Was Orchestrated, Seeks Sanctions"},"content":{"rendered":"

\"musiLast September, Apple removed<\/a> the popular music streaming app Musi from its App Store, affecting millions of users. <\/p>\n

Apple\u2019s action wasn\u2019t completely unexpected. Music industry groups had been trying to take Musi down for a long time, branding it a \u2018parasitic\u2019 app<\/a> that skirts the rules.<\/p>\n

Musi Sues Apple<\/h2>\n

Delisting from the App Store put the future of Musi directly at risk. The company initially hoped to resolve the matter with Apple behind closed doors, but since the tech giant was unwilling to reverse its decision, Musi took the matter to court.<\/p>\n

Musi claimed that the App Store removal was the result of \u201cbackroom conversations\u201d between Apple and key music industry players. The app developer alleged this was an \u201cunfair\u201d and \u201ctainted\u201d removal process designed to put it out of business.<\/p>\n

Musi requested a preliminary injunction to reinstate the app, but that attempt failed. In January, a California federal court denied the injunction, ruling that Apple did not act unreasonably or in bad faith when it removed the app following complaints from music industry players and YouTube. <\/p>\n

Apple Calls for Sanctions<\/h2>\n

With the underlying lawsuit yet to be resolved, a few weeks ago Apple fired back with a motion for sanctions. According to Apple, the court should sanction Musi for false or misleading allegations, which include the remarks concerning the alleged \u201cbackchannel scheme\u201d.<\/p>\n

According to Apple, discovery in this case clearly revealed that there were no backroom deals but Musi nonetheless included these claims in its amended complaint.<\/p>\n

\u201c[D]iscovery thoroughly disproved Musi\u2019s baseless conspiracy theory that Apple schemed to eliminate the Musi app from the App Store to benefit \u2018friends\u2019 in the music industry,\u201d Apple notes. <\/p>\n

Apple further alleged that to get its app reinstated after an earlier removal years ago, Musi allegedly faked an UMG email. These alleged misrepresentations are sanctionable, Apple argues, while reiterating that it had received numerous complaints about Musi from various parties over the years.<\/p>\n

Musi Fires Back, Requests Sanctions<\/h2>\n

Last week, Musi responded in court by opposing Apple\u2019s motion and, in turn, requesting sanctions against Apple. The app creator notes that sanctions motions are often used as a tactic of intimidation and harassment and describes Apple\u2019s motion as \u201ca member of that shameful lineage.\u201d<\/p>\n<\/p>\n

From Musi\u2019s motion<\/em><\/center>
\"musi<\/center><\/p>\n

A motion for sanctions is warranted if there are no facts to support the allegations but Musi contends that its claims are supported by credible evidence obtained during discovery.<\/p>\n

\u201cNone of Musi\u2019s challenged allegations are factually baseless, and all are based on a reasonable and competent inquiry by Musi\u2019s counsel. Apple\u2019s motion should thus be denied, and Apple should itself be sanctioned and required to pay Musi\u2019s attorneys\u2019 fees for opposing its baseless motion.\u201d<\/p>\n

\u2018Not a Simple App Removal\u2019<\/h2>\n

Apple previously argued that there was no need for backroom discussions as Apple could simply remove Musi under its own terms, with or without previous complaints from rightsholders. Musi doesn\u2019t deny that, but it notes that evidence indicates this isn\u2019t what happened.<\/p>\n

Based on evidence gathered through discovery, Musi suggests that there were ongoing discussions behind the scenes to discuss the potential removal of the app. The timeline below reflects Musi\u2019s perspective and interpretation<\/em> of these events.<\/p>\n

\n

\u2013 April 11, 2024: A Sony Music Entertainment executive, Jeff Walker, emails senior Apple legal personnel (Elizabeth Miles and Robert Windom) requesting Apple\u2019s assistance in removing the Musi app from the App Store. Specifically, Sony asked for help to \u201cidentify a path forward\u201d to \u201chave the Musi app removed from the Apple app store\u201d.<\/em><\/p>\n<\/blockquote>\n

A Path Forward<\/em><\/center>
\"a<\/center><\/p>\n
\n

\n\u2013 May 20, 2024: Apple\u2019s Elizabeth Miles holds a call with Sony\u2019s Jeff Walker about the Musi app, at Sony\u2019s request.<\/em><\/p>\n

\u2013 May 24, 2024: Following internal Apple discussions, Apple\u2019s Chief Counsel of Content and Services, Robert Windom, instructs Apple in-house counsel Sean Cameron to \u201cplease try to get that meeting set up\u201d. Musi implies that this was a meeting with YouTube.<\/p>\n

\u2013 Around May 29, 2024: At Cameron\u2019s direction, Apple\u2019s YouTube liaison, Arun Singh, contacts YouTube\u2019s Kelvin Paulino by phone. Musi argues Singh inquired about a March 2023 YouTube complaint that Apple had previously considered \u201cresolved\u201d; Singh testified Paulino initially seemed unaware of Musi or the complaint.<\/p>\n

\u2013 July 15, 2024: The Call: Apple and YouTube legal teams meet. According to Musi (citing Apple\u2019s own witnesses), Apple counsel Sean Cameron stated Apple considered YouTube\u2019s 2023 complaint \u201cresolved\u201d and, after mentioning other \u201cmusic industry\u201d complaints, asked YouTube if it wanted to \u201ccontinue with the [2023] complaint\u201d. YouTube allegedly confirmed ongoing API violations by Musi and expressed intent to pursue the complaint, requesting Apple send an email to formalize this.<\/p>\n

\u2013 The \u201cRe-Open\u201d Email: Post-call, Apple\u2019s \u2018AppStoreNotices\u2019 emailed YouTube Legal: \u201cPer request from the YouTube Legal team\u2026 If you would like to re-open your claim against this app, please specify the rights you believe are being infringed\u2026\u201d.<\/p>\n<\/blockquote>\n

Re-Open<\/em><\/center>
\"the<\/center><\/p>\n
\n

\u2013 August 20, 2024: Apple\u2019s Elizabeth Miles has a call with National Music Publishers Association (NMPA) representatives regarding Musi, at the NMPA\u2019s request.<\/em><\/p>\n

\u2013 September 11, 2024: The NMPA sends Apple a letter supporting YouTube\u2019s complaint against Musi.<\/p>\n<\/blockquote>\n

Turning the Tables<\/h2>\n

Musi believes this is sufficient to back up its claim that the app\u2019s removal was the result of \u201cbackroom conversations\u201d between Apple and key music industry players. In any case, it argues that a motion for sanctions is not warranted, as this wasn\u2019t a simple removal process. <\/p>\n

To strengthen its claim, Musi cites an email from Apple\u2019s Elizabeth Miles who, after Musi was removed, noted that it was a \u201ccomplex process\u201d.<\/p>\n<\/p>\n

Complex process<\/center>
\"complex\"<\/center><\/p>\n

According to Musi, Apple\u2019s motion for sanctions is baseless and should therefore be denied. Turning the tables, the app devloper asked the court to sanction Apple for improper use of a sanctions motion. <\/p>\n

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

A copy of Musi\u2019s opposition to Apple\u2019s motion for sanctions, filed at the U.S. District Court for the Northern District of California, is available here (pdf)<\/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 September, Apple removed the popular music streaming app Musi from its App Store, affecting millions of users. Apple\u2019s action wasn\u2019t completely unexpected. Music industry groups had been trying to take Musi down for a long time, branding it a \u2018parasitic\u2019 app that skirts the rules. Musi Sues Apple Delisting from the App Store put […]<\/p>\n","protected":false},"author":2,"featured_media":83320,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[308],"tags":[],"class_list":["post-83319","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\/83319","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=83319"}],"version-history":[{"count":0,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/posts\/83319\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=\/wp\/v2\/media\/83320"}],"wp:attachment":[{"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=83319"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=83319"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cryptocabaret.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=83319"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}