A ruling is issued that ``iOS simulators that can run virtual iPhones do not infringe copyright within the scope of fair use''
Regarding the iOS simulator `` CORSEC '' developed by the security company Corellium, the US 11th Circuit Court of Appeals ruled that it was `` protected by the fair use principle of copyright law '' and did not constitute copyright infringement 2023 I dropped it on Monday, May 8th.
202112835.pdf
https://media.ca11.uscourts.gov/opinions/unpub/files/202112835.pdf
Apple Fails to Fully Reboot iOS Simulator Copyright Case (1)
https://news.bloomberglaw.com/ip-law/apple-fails-to-revive-copyright-case-over-iphone-ios-simulator
CORSEC is software developed by Corellium that allows you to run a virtual iPhone through a web browser. Corellium was selling CORSEC, claiming that ``our product is an exact copy of iOS and is ideal for vulnerability testing'', but in August 2019 Apple said, ``CORSEC is UI, icon, source code It is a copy of iOS up to 'and sued Corellium for copyright infringement.
Apple files a lawsuit against a company that sells a 'perfect copy' of iOS - GIGAZINE
Corellium consistently claimed that ``the purpose of copying the iOS UI, icons, and source code is only for security research, and there is no problem under fair use standards.'' In fact, CORSEC is primarily used by security researchers, federal agencies, and defense contractors, and has features not found in the original iOS.
In December 2020, the Southern District of Florida District Court ruled that ``Corellium products are eligible for fair use and do not constitute copyright infringement,'' and Apple lost the case. After that, Apple sued Corellium again for violating the Digital Millennium Copyright Act (DMCA), but Apple and Correlium have reached a settlement just before the trial opened.
Apple settles with Corellium, which sells ``virtual iPhone'', and points out that ``Apple had too many lawsuits''-GIGAZINE
In this trial, which was the second instance of Apple's appeal, the issue was whether CORSEC's copy of iOS falls under fair use as stipulated in Article 107 of the US Copyright Act. Furthermore, in the 1994 Pretty Woman case, the Supreme Court ruled that 'altering the original work with a new expression, meaning, or message to add something new with a greater purpose or a different character.' If it is a transformative use such as ', the legal interpretation has been shown that there is room for fair use even in commercial use, and it is also being considered whether CORSEC is a transformative use.
The Court of Appeals for the 11th Circuit said, 'CORSEC allows security researchers to monitor iOS processes in real-time and run experiments. These features empower researchers and help them work in new ways.' There is no objection that it makes it possible.' 'CORSEC promotes scientific progress by enabling important OS security research.' I decided to use it.
An Apple spokeswoman declined to comment on the ruling. On the other hand, Meredith Rose, senior policy counsel at Public Knowledge, a think tank that supported Corellium, said, ``The 11th Circuit Court of Appeals has ruled that software that works like iOS for the most part violates copyright law. We have rightly agreed that it can be used to create new and valuable tools without the
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