Security investigators looking to get under technology to improve it on Tuesday achieved a pleasant victory when a federal judge in Florida decided to throw away Apple’s copyright infringement against the maker of virtual iPhone software.
Last year, Apple released a lawsuit against Corellium’s manufacturers claiming that the software infringes their copyright, and it later filed the claims of the Digital Millennium Copyright Act (DMCA) violations for good measure. In his verdictU.S. District Court Judge Rodney Smith said the software in question was covered by fair use for several reasons, but the DMCA claims will still have to be resolved in court.
Corellium software is used by researchers to create virtual iOS devices to investigate errors and compare different versions of Apple’s mobile operating system. If a researcher tampers on a virtual iPhone and finds that they have messed up the device, they just need to reload the simulation instead of firing on a new iPhone.
Judge Smith found that “Apple’s position is puzzling, if not troublesome.” He said that Corellium did not create a product to compete with Apple, and that the software was intended to improve Apple’s products for users. Smith was also struck by the fact that Apple tried to obtain Corellium before the negotiations broke down. It provides a demonstration of Corellium’s usefulness, and Smith noted that ‘if Apple had acquired the Corellium product, the product would have been used internally for testing and validation (that is, for system vulnerability verification and device operation).’ The judge has also found that Corellium uses an adequate investigation process for its customers and is therefore not guilty of allegations that it sells software indiscriminately.
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But Apple’s arguments that Corellium violated certain provisions of the DMCA by circumventing security measures will require further judicial review.
Apple did not immediately respond to a request for comment.
It’s been a fantastic few weeks for Corellium. This legitimate victory should help remove the cloud over the cyber security community was nervous about using the virtualization software. In addition, Forbes named Corellium the best cyber security product of the year. And last week, flying under the radar, Corellium founder Chris Wade was given a full pardon by President Trump. It is unclear what crime Wade was convicted of committing but the told White House that “Wade served a two-year probationary period after pleading guilty to various cybercrimes. Since his conviction, he has shown remorse and tried to make his community a safer place. ‘