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Judge Cans Musi App, Slams Lawyers
18 Mar
Summary
- Musi's lawsuit against Apple was dismissed with prejudice.
- Apple can remove apps at any time, with or without cause.
- Musi's lawyers were sanctioned for fabricating facts.
A federal judge has decisively ruled against Musi, a free music streaming application, in its lawsuit challenging removal from Apple's App Store. US District Judge Eumi Lee in the Northern District of California dismissed the case with prejudice, stating Apple has the contractual right to remove applications "at any time, with or without cause," provided notice is given.
Musi, which streamed music from YouTube without direct licensing deals, alleged Apple violated its Developer Program License Agreement. However, the court found that Apple's terms clearly grant it the authority to delist apps, even if Musi believed Apple should have conducted a more thorough review of intellectual property claims.
In a significant development, Musi's legal representation, Winston & Strawn, was sanctioned for violating Rule 11 of the Federal Rules of Civil Procedure. Judge Lee found the law firm had fabricated facts and made misleading statements in Musi's complaint, necessitating sanctions for their conduct during discovery.
The ruling confirms Apple's broad discretion over its App Store content, a decision that impacts developers relying on the platform. Musi, despite its popularity and tens of millions of iPhone downloads since its 2013 launch, will not be reinstated on the App Store.
