#6- Copyright and Fair Use

 

Apple sued Corellium in 2019. They stated that the company infringed on its iOS copyrights. The case had more allegations in 2020. Corellium created an virtualizing tool that allows people to test iOS for mistakes. This is done without having to pay Apple or get permision from them. Apple lost in district court for fair use, but then stated more allegations. The judge then dismissed the copyright infringement claims in 2020. The judge stated that Correlium was protected under fair use. Correlium can also examine the new mechanism for detecting child sex abuse photos. 



An expert from EFF states that "We can't protect ourselves from security flaws if independent testers aren't allowed to find them" The website later states that if Corellium hadn't had any legal professionals, then they would not be able to create research tools or test out the program to make sure that it is flawless. This has multiple benefits on the public for security reasons. 

According to Copyrightalliance, Fair use is "an affirmative defense that can be eraised in respponse to claims by a copyright owner that a person is infringing a copyright."


Fair use typically is in support of the researchers. The Correlium researchers use the copies of the original iOS software to test it out. They do not sell it or make a profit upon their tool. Eff states that the activities made by corellium would be protected by the fair use doctrine. Corellium is not infringing copyright. If Apple does appeal this case, we will see who the court rules in favor for. 



These are the court files for the case:

https://www.eff.org/files/2022/02/17/2022-02-16_apple_v_corellium_amicus_-_filed.pdf

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