Musi’s Accusations Against Apple
Musi, an ad-supported streaming app facing accusations of violating music copyrights, has accused Apple of engaging in a “back channel scheme with music industry conglomerates” to remove the app from the Apple App Store.
The accusation follows Apple’s acknowledgment that the National Music Publishers Association (NMPA) and Sony Music Entertainment have complained about the application’s actions, in addition to a previous complaint from the International Federation of the Phonographic Industry (IFPI).
Musi, which was exclusively available through Apple’s app store, does not secure licenses from copyright holders and has not developed a library of licensed music. Instead, it provides users with access to audio from YouTube videos via its own interface, displaying its own advertisements within the app.
Legal Actions and Reactions
A report by Wired from earlier this year indicated that the Musi app had been downloaded 66 million times since its launch a decade ago, with 8.5 million downloads occurring in 2023 alone.
In September, Apple removed the Musi app from its store following a complaint from YouTube about alleged violations of the platform’s terms of service.
In early October, Musi initiated a lawsuit against Apple in the U.S. District Court for the Northern District of California, seeking both a preliminary and permanent injunction to compel Apple to reinstate the app on the App Store.
The lawsuit also requests damages for “breach of contract and breach of the implied covenant of good faith and fair dealing.”
In a response filed in November, Apple contended that it has no contractual obligation to keep the Musi app in its store, as its contract permits the removal of the app “at any time, with or without cause.”
However, Apple added that “the decision in this case followed numerous credible complaints alleging that the Musi app violates the legal rights of third parties.” The company claims that Musi “removes YouTube advertising content and replaces it with its own, or allows ad-free streaming for a fee.”
Claims and Defense by Musi
“(Apple) has received numerous complaints from third parties alleging that Musi is reproducing copyrighted content from YouTube without permission from copyright holders and depriving artists and other rights holders of royalty income.”
Apple in Musi v. Apple lawsuit
In a court filing dated December 6, Musi claimed that Apple’s response indicates a conspiracy with music industry groups to eliminate the app from the App Store. Musi stated, “Apple used its power over the App Store as part of a larger backchannel scheme where music industry conglomerates sought to destroy Musi without informing us of the discussions leading to our removal.”
Musi accused Apple of wielding “unprecedented control over the only viable digital app market for iOS” and asserted that Apple did not maintain a neutral position in the app dispute process.
The court filing noted that Apple had repeatedly informed Musi that it could not arbitrate disputes and that Musi must directly engage with claimants to address their concerns.
Musi contended that Apple was not acting impartially and had failed to follow its established processes for resolving app-related disputes, opting instead to act as an arbitrator without informing Musi or allowing it to respond.
Musi also challenged some of Apple’s factual claims, stating that IFPI “clearly disavowed any claims under United States copyright law” and that the organization only made allegations of violations under European law, which Musi argues are baseless.
Musi mentioned that when it contacted Sony Music Entertainment regarding the copyright complaint, it was told that Sony had no issues and that the complaint originated from IFPI.
It further asserted that the NMPA “never brought an application dispute” against Musi or even reached out to the company.
Musi emphasized that its interface “does not interfere” with any ads YouTube places on videos that are publicly streamed through the Musi app.
“Apple exercises unprecedented control over the only viable digital app market for the world’s most important mobile platform.”
Musi in Musi v. Apple
Musi also argued that Apple’s actions were inconsistent with its past behavior, highlighting that the YouTube app remained on the App Store despite a long-standing lawsuit by Viacom for significant copyright infringement.
The court documents alleged that Apple relied heavily on “several articles about Musi commissioned by the music industry” to form its conclusions.
Musi pointed out that Apple’s developer contract necessitates “human and/or systematic review” before determining an app has violated its terms of service in response to a complaint, a process they claim Apple did not follow.
The case has previously been overseen by Judge Yumi K. Lee in the San Francisco Division of the U.S. District Court.
According to a report by Digital Music News in October, following Musi’s removal from the Apple App Store, “several” clone apps surfaced, with some available in the App Store.
