Microsoft Gets GitHub to Remove “Infringing” Xbox Music App

Following a complaint from Microsoft, GitHub has removed the code repository of an app that provides access to unprotected Xbox Music tracks. The developer of the software is surprised by Microsoft's move, stating that the company itself is offering access to DRM-free music through its API.

audioticaA few weeks ago Microsoft extended its Xbox Music API, allowing third-party developers to link their apps to the music service.

This resulted in a range of new apps that provide access to Xbox Music tracks, but Microsoft is not happy with all of them.

Earlier this week the company contacted developer platform GitHub, asking the company to remove all code related to the Audiotica download tool, which they did.

In its takedown notice Microsoft explains that the app in question provides users with DRM-free music, something it is not allowed to do. Specifically, the app is said to violate the circumvention clause of the DMCA.

“This code violates [...] the DMCA in that it allows users to circumvent a technological measure that effectively controls access to copyrighted works by facilitating the unauthorized conversion of songs streamed via Xbox Music into DRM-free MP3s that can be easily shared online,” Microsoft writes.

Microsoft explains that the application puts its licensing agreements with the major music labels in jeopardy. Under these agreements the company has to protect music tracks from being shared online without restrictions.

“As part of Microsoft’s agreements with the copyright owners of the songs included in the service, Microsoft has both authorization from and an obligation to those copyright owners to control access to their works by employing an effective DRM system,” Microsoft notes.

An interesting argument, since the tracks provided by Xbox’s Music service appear to be free of DRM.

Xbox Music API

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TorrentFreak contacted Audiotica developer Harry who was unpleasantly surprised by Microsoft’s takedown notice. He notes that Microsoft itself is the one making it easy to access DRM-free music through the Xbox Music API.

“Audiotica is programmed so users with an Xbox Subscription can download directly from Xbox Music. This is what surprised me about the takedown. Microsoft claims we can’t allow users to obtain DRM free music from their service, while they’re the one providing it,” Harry says.

Microsoft most likely took offense to the fact that the application allowed users to download and store tracks. Although this might not technically be a form of “circumvention,” it does violate the API’s terms of service.

The Audiotica developer says he will ask GitHub to reinstate his project, without the Xbox Music feature. The application will still be able to access music from other sources including YouTube, VK and Soundcloud.

“Right now I will be filling a counter notice to bring it back. To avoid further problems with Microsoft I will be removing Xbox Music from the MP3 crawler engine and the downloader.”

Microsoft’s takedown request follows a new trend in which copyright holders are targeting GitHub projects. Previously the MPAA successfully requested the takedown of two popular Popcorn Time forks. While both the MPAA and Microsoft don’t own any of the code, the alleged indirect infringements were sufficient to take the code down.

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