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Apple Loses Copyright Claims Against Corellium
30 Dec, 2020 / 01:40 PM / Omnes Media

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A federal judge in Florida dismissed Apple Inc’s copyright infringement claims against a Florida startup whose software helps security researchers find vulnerabilities in Apple products including the iPhone.

U.S. District Judge Rodney Smith ruled in favor of Corellium LLC, saying its software emulating the iOS operating system that runs on the iPhone and iPad amounted to “fair use” because it was “transformative” and helped developers find security flaws.

Apple accused Corellium of essentially replicating iOS to create “virtual” iOS-operated devices, whose “sole function” was to run unauthorized copies of the system on non-Apple hardware.

But the judge said that Corellium “adds something new to iOS” by letting users see and halt running processes, take live snapshots, and conduct other operations.

“Corellium’s profit motivation does not undermine its fair use defense, particularly considering the public benefit of the product,” the judge wrote.

The judge also rejected Apple’s argument that the Delray Beach startup acted in bad faith by selling its product indiscriminately, including potentially to hackers, and by not requiring users to report bugs to Apple.

He said that argument appeared “puzzling, if not disingenuous,” saying Cupertino, California-based Apple did not impose a reporting requirement under its own Bug Bounty Program. Corellium has denied wrongdoing. Justin Levine, one of its lawyers, said in an email the decision made “proper findings in connection with fair use.” Smith said Apple may still pursue a separate federal law claim that Corellium circumvented its security measures when creating its software.

Crucially, the court didn’t dismiss all of Apple’s case. Apple has alleged that Corellium circumvented its authentication server and secure boot chain, among other measures, violating the DMCA’s ban on circumventing copy protection measures. Corellium also mounted a fair use defense against the DMCA charges, but the judge did not find it compelling enough to dismiss the DMCA allegations before a full trial.

Source- Reuters

Country- U.S