Apple to pursue copyright claims against Corellium in appellate court

229
0

Apple on Tuesday filed a notice of appeal in its copyright infringement lawsuit against Corellium, a case that was partially settled last week.

Filed with the U.S. District Court for the Southern District of Florida, the notice appeals to the Court of Appeals for the Eleventh Circuit a final judgment entered into the docket earlier today regarding Apple’s claims of copyright infringement.

Specifically, the appeal targets a summary judgment (now part of the final judgment) reached in December 2020. At the time, U.S. District Court Judge Rodney Smith ruled in favor of Corellium and against Apple on the tech giant’s claims of direct infringement.

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

Apple is able to appeal the ruling only as it relates to injunctive relief, leaving the door open for a ruling that would force Corellium to shut down its iOS and iTunes virtualization product.

A Digital Millennium Copyright Act claim carried forward and was scheduled to go to trial on Aug. 16, but both parties agreed to settle that portion of the case last week.

Apple’s notice of appeal was first reported by Reuters.

Apple’s lawsuit was originally filed in 2019 when the iPhone maker claimed Corellium’s emulation products infringe on copyrights covering iOS, iTunes and other technologies. Corellium markets a set of virtualized versions of Apple’s iPhone and other products to developers and security researchers, customers who license access to search for bugs, flaws and vulnerabilities.

Last week, Corellium COO Matt Tait took to Twitter to defend Apple’s recently announced child sexual abuse material protections, arguing that potential expansion of the system through database modification — a major concern for privacy advocates — is an unlikely risk.

On Monday, the software company announced a new “Open Security Initiative” designed to help validate vendor security and privacy claims. The project aims in part to assist developers in the verification of Apple’s CSAM system.

AppleInsider has affiliate partnerships and may earn commission on products purchased through affiliate links. These partnerships do not influence our editorial content.

One day after Corellium announces they will sponsor research into the new on-iPhone CSAM initiative and the security and privacy behind it? Huh.

Is Apple being sincere or are they trying to hide things?

This outfit is profiting off of Apple’s IP and not paying for it. Even if their intentions are good it’s still Apple’s IP.

and Apple is benefitting from their work.

Still up to your usual bullshit. Apple is the one who has made it possible for third parties to do this research and perform audits on their CSAM system, not Corellium. Apple appealing this case does nothing to hamper the countless other researchers who will no doubt also be looking into how CSAM scanning works. The most reasonable explanation is there’s a time limit on the appeal or some other procedural matter that happened to coincide with this announcement. Or, more likely, Corelliums lawyers knew there was a deadline and made their announcement to coincide with it to try and make Apple look petty. But hey, you do you.

A Polish lawyer and frequent critic of the country’s government thanked Apple for its strong encryption after local prosecutors failed to break into his iPhone.

A functioning Apple-1 computer that’s in “mint condition” and sporting a Koa wooden case is set to hit the auction block in November.

Apple has renewed its popular “Carpool Karaoke: The Series” for its fifth season, with the series officially moving to Apple TV+.

Klipsch refreshed its T5 II True Wireless earphones to include active noise cancellation, bringing it into the same market as Apple’s AirPods Pro. Here’s where the newcomer stands against Apple’s personal audio offering.

Apple may have market dominance with its AirPods Pro, but neither AirPods Pro nor the new Beats Studio Buds can match the luxurious build quality of Master & Dynamic’s new MW08 Sport true wireless earbuds.

With the launch of the Beats Studio Buds, Apple now has a total of four wireless earbuds it sells to consumers. Here’s how the newcomers face against AirPods, AirPods Pro, and Beats Powerbeats Pro.

Sony launched the WF-1000XM4 wireless earbuds in June, its noise-cancelling rival to the Apple AirPods Pro. Here’s how Sony’s latest stacks up against Apple’s heavy hitter.

In April, Amazon upgraded its Echo Buds to make it a better value-oriented rival to Apple’s AirPods. Here’s how Amazon’s offerings stack up to Apple’s AirPods and AirPods Pro.

[Read More…]