Apple loses bid in Corellium copyright appeal over iOS simulation

Apple faced a major defeat after failing to convince the US Court that Corellium is infringing its copyrights by simulating its own operating system to help developers find security flaws in its devices. Apple and Corellium have been battling in court for over four years now.

Facing Defeat
The United State Court of Appeals for the Eleventh Circuit ruled that Corellium’s CORSEC simulator made fair use of Apple’s iOS code without infringing its copyrights under the copyright doctrine of fair use. According to a report from Reuters, the district court already dismissed the claims against Corellium’s iOS simulator in 2019, which Apple appealed in 2021.

Apple claims that Corellium simply repackaged iOS in a different format for profit, which harms their own market for its operating system and security-research programs. This also helps hackers find ways to attack users of iPhones and iPads.

But Corellium’s software was believed by the court to add new features only to help security researchers and developers do their work in a way that their smartphones can not do. The US Court ruled that Corellium’s CORSEC simulator is protected by the fair use of the doctrine of copyright law, which ensures copyrighted works can be replicated in some situations.

Because of this, Corellium can continue to provide virtual machines to its customers, without experiencing lawsuits from Apple. This software allows its users to run Apple’s operating system on non-Apple devices and inspect and modify the OS in ways that allow researchers to secure and determine vulnerabilities more effectively.

The iOS virtual machines of Corellium are available through a subscription for both enterprise and individual customers. But before accessing or subscribing, the company will have to review each request to prevent the use of software for malicious purposes. The subscription costs from $99 to $295 depending on the hardware used by the consumer.

Aside from the iOS, the appeals court’s assessment also covered other aspects of the lower court’s rulings, including the direct infringement of Apple’s icons and wallpapers and contributory infringement. The panel that consists of three judges remanded them to the district court to independently consider them.

Apple Insider reported that this refers to the process of sending a case back to a lower court to continue the action, which can only happen when an appeals court decides that the court made a mistake or did not fully address an issue in the case. Through this process, the lower may take additional evidence, reconsider issues, and issue a new ruling with the court’s decision.

Battling for Years
9To5Mac reported that the battle between Apple and Corellium was opened in August 2019, alleging that their products violated copyrights for iOS, iTunes, and other Apple-owned technologies. This almost reached an agreement as Apple already agreed to settle in August 2021.

However, the Cupertino giant later filed an appeal as they believed it was a complete replication of iOS and was used as an alternative to its security research products. Techtimes