Ruling on a motion for summary judgement, a federal judge in Florida has partially thrown out a lawsuit filed by Apple against security startup Corellium.
Apple had filed a lawsuit against Corellium in August 2019 claiming that the latter had violated its copyright. The following January, Apple also added charges that the startup had violated the Digital Millenium Copyright Act (DMCA), the Washington Post reported.
While the judge deferred ruling on the DMCA charge, the copyright claims have been thrown out on the basis of fair use.
As explained by TechCrunch, Corellium is a platform that enables security researchers to create a virtual, simulated ARM device including iOS devices in a browser. They can then use the simulated device to research and discover potential security bugs.
Apple claimed that Corellium infringed its copyright. However, according to the court ruling, first reported by the Washington Post, the judge has denied copyright violation regarding Corellium’s simulation of virtual iPhones.
“Having reviewed the evidence, the Court does not find a lack of good faith and fair dealing. Further, weighing all the necessary factors, the Court finds that Corellium has met its burden of establishing fair use. Thus, its use of iOS in connection with the Corellium Product is permissible. On these grounds, Corellium’s Motion for Summary Judgment is granted on Apple’s copyright claim,” the ruling read.
“Corellium’s profit motivation does not undermine its fair use defense, particularly considering the public benefit of the product,” it said.
The judgement also cites discussions regarding the acquisition of COrellum by Apple that were held in 2018. During the acquisition process, the companies held “several in-person meetings.” The deal had fallen apart and Apple did not acquire Corellium.
The judge deferred ruling on the DMCA charge and are yet to be settled in court.
As per the court document, Apple has alleged that “Corellium infringed Apple's copyrights in iOS and circumvented its security measures in violation of the federal Digital Millennium Copyright Act ("DMCA").”
While “Corellium denies that it has violated the DMCA or Apple's copyrights. Corellium further argues that even if it used Apple's copyrighted work, such use constitutes "fair use" and, therefore, is legally permissible.”