"Who up missing Musi?" a Reddit user posted in a community shocked by the free music streaming app's sudden removal from Apple's App Store in September.
Apple kicked Musi out of the App Store after receiving several copyright complaints. Musi works by streaming music from YouTube—seemingly avoiding paying to license songs—and YouTube was unsurprisingly chief among those urging Apple to stop allowing the alleged infringement.
Musi was previously only available through the App Store. Once Musi was removed from the App Store, anyone who downloaded Musi could continue using the app uninterrupted. But if the app was ever off-loaded during an update or if the user got a new phone, there would be no way to regain access to their Musi app or their playlists.
Some Musi fans only learned that Apple booted Musi after they updated their phones, and the app got offloaded with no option to re-download. Panicked, these users turned to the Musi subreddit for answers, where Musi's support staff has consistently responded with reassurances that Musi is working to bring the app back to the App Store. For many Musi users learning from others' mistakes, the Reddit discussions leave them with no choice but to refuse to update their phones or risk losing their favorite app.
It may take months before Musi fans can exit this legal limbo. After Apple gave in to the pressure, Musi sued in October, hoping to quickly secure an injunction that would force Apple to reinstate Musi in the App Store until the copyright allegations were decided. But a hearing on that motion isn't scheduled until January, making it appear unlikely that Musi will be available again to download until sometime next year.
Musi claimed Apple breached its contract by removing the app before investigating YouTube's claims. The music-streaming app is concerned that the longer the litigation drags on, the more likely that its users will move on. A mass exodus of users "risks extinction," Musi argued, telling the court the app fears a potentially substantial loss in revenue over allegedly unsubstantiated copyright claims.
But Apple filed its opposition to the injunction last Friday, urging the court to agree that because Musi fans who still have the app installed can continue streaming, Musi is not at risk of "extinction."
"Musi asserts that its app is still in use by its preexisting customer base, and so Musi is presumably still earning revenue from ads," Apple's opposition filing said. "Moreover, Musi provides no evidence relating to its financial condition and no evidence that it is unable to survive until a decision on the merits in this case."
According to Apple, Musi is not being transparent about its finances, but public reporting showed the app "earned more than $100 million in advertising revenue between January 2023 and spring 2024 and employs 10 people at most."
Apple warned that granting Musi's injunction puts Apple at risk of copyright violations. The App Store owner claimed that it takes no sides in this dispute that's largely between Musi and YouTube. But to Apple, it would be unreasonable to expect Apple to investigate every copyright notice it receives when thousands of third parties send notices annually. That’s partly why Apple's contract stipulates that any app can be removed from the App Store "at any time, with or without cause." Apple further claimed that Musi has not taken serious steps to address YouTube's or any other rights holders' concerns.
"The public interest in the preservation of intellectual property rights weighs heavily against the injunction sought here, which would force Apple to distribute an app over the repeated and consistent objections of non-parties who allege their rights are infringed by the app," Apple argued.