Musi is hoping a jury will agree that Apple breached its developer agreement and the covenant of good faith and fair dealing by removing Musi from the App Store. The music-streaming app has asked for a permanent injunction immediately reinstating Musi in the App Store and stopping Apple from responding to third-party complaints by removing apps without any evidence of infringement.
An injunction is urgently needed, Musi claimed, since the app only exists in Apple’s App Store, and Musi and its users face “irreparable damage” if the app is not restored. Additionally, Musi is seeking damages to be determined at trial to make up for “lost profits and other consequential damages.”
The Musi app did not and does not infringe any intellectual property rights held by Complainant, and a reasonable inquiry into the matter would have led Apple to conclude the same,” Musi’s complaint said.
On Reddit, Musi has continued to support users reporting issues with the app since its removal from the App Store. One longtime user lamented, “my heart is broken,” after buying a new iPhone and losing access to the app.
It’s unclear if YouTube intends to take Musi down forever with this tactic. In May, Wired noted that Musi isn’t the only music-streaming app taking advantage of publicly available content, predicting that if “Musi were to shut down, a bevy of replacements would likely sprout up.” Meanwhile, some users on Reddit reported that fake Musi apps keep popping up in its absence.
For Musi, getting back online is as much about retaining old users as it is about attracting new downloads. In its complaint, Musi said that “Apple’s decision has caused immediate and ongoing financial and reputational harm to Musi.” On Reddit, one Musi user asked what many fans are likely wondering: “Will Musi ever come back,” or is it time to “just move to a different app”?
Ars could not immediately reach Musi’s lawyers, Apple, or YouTube for comment.
