Serious setback for Apple in the legal dispute against the security company Corellium: A US court sees the virtualization of iOS by Corellium as “fair use” – and not as the copyright infringement cited by the iPhone group.

The use of the operating system by the virtualization tool intended for security researchers is said to be “transformative” and not just a “repackaged version” of iOS in a virtual machine it in the justification of the judge (Apple vs. Corellium, file number 9: 19 – cv – 81160, United States District Court – Southern District of Florida).

Possible DMCA violation remains unresolved Corellium allows its users to use their own code, for example, to modify the kernel, view and stop processes and take live snapshots, as the judge explains – these “significant functions” are on Apple hardware not available with iOS.

The court also rejected Apple’s allegation that Corellium acted with “bad faith” because the vulnerabilities found with the product did not necessarily have to be reported to Apple. The position of the iPhone manufacturer is “enigmatic, if not insincere”, it says in the judgment – after all, this is also not a requirement in the context of Apple’s bug bounty program.

The court left open whether Corellium’s iOS virtualization was a violation of the DRM circumvention ban under the Digital Millennium Copyright Act (DMCA). There are “real problems with essential facts”, according to the judge, for example with regard to the question of which technical protective measures Apple is taking when providing IPSW files via which iOS can be installed. Whether Apple will continue to take action against Corellium remains to be seen for the time being.

Sharp criticism of Apple lawsuit Apple has sued Corellium 2019, according to the group, it is a “clear copyright infringement”. According to court documents, Apple had tried to buy the company in advance, but talks had failed. The lawsuit had caused uncertainty and resentment among security researchers and hackers. The civil rights organization Electronic Frontier Foundation sharply criticized Apple’s actions, saying it was a dangerous attempt to expand the DRM circumvention ban.

Company sued by Apple brings Android to iPhone (lbe)