Musi sues Apple for removing its app from the Apple App Store
Another day, another lawsuit. Musi, a free music-streaming app only available on iPhone, has sued Apple, arguing that Apple breached Musi’s developer agreement by abruptly removing the app from its App Store for no good reason.
As reported by arstechnica, Musi says Apple decided to remove Musi from the App Store based on allegedly “unsubstantiated” claims from YouTube that Musi was infringing on YouTube’s intellectual property. The removal came, Musi alleged, based on a five-word complaint from YouTube that simply said Musi was “violating YouTube terms of service”—without ever explaining how.
Arstechnica says YouTube also lied to Apple, Musi’s complaint said, by claiming that Musi neglected to respond to YouTube’s efforts to settle the dispute outside the App Store when Musi allegedly showed evidence that the opposite was true.
In the lawsuit, which alleges breach of contract” Musi is requesting this:
a. The conduct alleged in the First Cause of Action herein be adjudged to constitute an unjustified breach of contract under California law;
b. The conduct alleged in the Second Cause of Action be adjudged to constitute a breach
of the covenant of good faith and fair dealing under California law;
c. That Musi be entitled to a preliminary and permanent injunction to have the Musi app
restored on the App Store platform.
d. That Musi be awarded direct, actual, compensatory, and/or consequential damages on
its breach of contract and breach of the implied covenant and good faith and fair dealing claims, and that Apple be preliminarily and permanently enjoined from continuing to engage in the underlying
wrongful conduct and ordered to immediately reinstate the Musi app to the App Store.
e. Award Musi prejudgment interest at the maximum legal rate; and
f. For such other and further relief that this Court deems just and proper.
Musi wants the matter to be decided by a trial by jury.
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