REGULATORY · COMPETITIVE · USA
Judge upholds Apple's right to delist Musi app
Change
A federal judge dismissed Musi's lawsuit with prejudice, sanctioned Musi's lawyers, and ruled that Apple's developer agreement permits Apple to cease offering the Musi app 'at any time, with or without cause' after providing notice.
Why it matters
The US District Court for the Northern District of California held that the Developer Program License Agreement authorizes Apple to 'cease marketing, offering, and allowing download' of an app 'at any time, with or without cause, by providing notice of termination.' The court found that Musi alleged, and did not dispute, that Apple provided the required notice. The court dismissed Musi's complaint with prejudice and imposed sanctions on Musi's lawyers for fabricating factual assertions. The court considered and rejected Musi's argument that other DPLA provisions requiring a 'reasonable belief' of infringement applied.
Implications
- · Breach-of-contract claims under the Apple developer agreement have been dismissed where the agreement's termination-notice requirement is satisfied.
- · Developers lack a contractual pathway to force app relisting when Apple provides the notice specified in the DPLA.
- · Legal teams now have a recorded district-court decision upholding unilateral termination language in the DPLA.
- · Sanctions were entered against counsel for making up factual assertions in the pleadings.
Who is affected
- · App developers
- · In-house and external counsel for app developers
- · Platform and App Store legal and policy teams
Source
Topics
Law & Public Safety Court Rulings Intellectual Property Technology & Innovation Big Tech