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Apple claim it invented security software backfires

by on30 December 2020


Loses Corellium case

Apple's claims to have invented Corellium security software have been thrown out of court.

 

Corellium, co-founded in 2017 by husband and wife Amanda Gorton and Chris Wade, was a breakthrough in security research because it gave its customers the ability to run “virtual” iPhones on desktop computers. Corellium’s software makes it unnecessary to use physical iPhones that contain specialised software to poke and prod iOS, Apple’s mobile operating system.

Apple insisted that the software broke its copyright and claimed Corellium’s products could be dangerous if they fall into the wrong hands because security flaws discovered by Corellium could be used to hack iPhones. Apple also argued that Corellium sells its product indiscriminately.

Judge Rodney Smith called Apple’s argument on those claims “Puzzling, if not disingenuous”. Smith found that Corellium used a vetting process before selling its products to customers.

The judge in the case ruled that Corellium’s creation of virtual iPhones was not a copyright violation, in part because it was designed to help improve the security for all iPhone users. Corellium wasn’t creating a competing product for consumers. Rather, it was a research tool for a comparatively small number of customers.

David Hecht, founder of law firm Hecht Partners and co-counsel for Corellium, said in a statement: “We are very pleased with the Court’s ruling on fair use and are proud of the strength and resolve that our clients at Corellium have displayed in this important battle. The Court affirmed the strong balance that fair use provides against the reach of copyright protection into other markets, which is a huge win for the security research industry in particular.”

Despite claims in the Tame Apple Press that the cause will have huge implications for copyright law in the US, Jobs' Mob does not come out of this story particularly well.
 
Apple initially attempted to acquire Corellium in 2018. When the acquisition talks stalled, Apple sued Corellium last year, claiming its virtual iPhones, which contain only the bare-bones functions necessary for security research, constitute a violation of copyright law. Apple alleged Corellium circumvented Apple’s security measures to create the software, thereby violating the Digital Millennium Copyright Act.

“Weighing all the necessary factors, the Court finds that Corellium has met its burden of establishing fair use”, Smith wrote in Tuesday’s order. “Thus, its use of iOS in connection with the Corellium Product is permissible.”

Last modified on 30 December 2020
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