![]() ![]() ![]() The US Supreme Court is currently considering a case that will further clarify transformative use in Andy Warhol Foundation v. “There’s no dispute that these features assist researchers and enable them to do their work in new ways,” the court said. In that case, Google’s database was deemed transformative because it “augmented public knowledge” by providing information about millions of books, such as the frequency of usage of certain words across time.ĬORSEC allows researchers to monitor iOS processes in real time and run experiments. ![]() upholding the legality of the Google Book Project, which scanned millions of books into a searchable online database. The appeals court said the case looks a lot like a 2015 ruling from the Second Circuit in Authors Guild v. “Corellium created a new product with new features.” “Corellium invented a creative and innovative tool that furthered the very creative progress that copyright seeks to achieve,” the panel said. The panel largely sided with Corellium on whether its copying of iOS code was transformative, a question posed by the second factor under the four-factor fair use doctrine. “The 11th Circuit rightly agreed that ‘largely functional’ software such as iOS can be used to create new and valuable tools without running afoul of copyright law,” Meredith Rose, senior policy counsel at the think tank Public Knowledge, which supported Corellium, said in an emailed statement. The case has been closely watched by security researchers and digital rights groups who filed numerous friend-of-the court briefs and applauded the ruling. The Eleventh Circuit said in its nonprecedential opinion Monday that the lower court must reconsider Apple’s claims of contributory copyright infringement and infringement of the iOS icons and wallpaper. The company said CORSEC is primarily used by researchers, federal agencies, and defense contractors, and the program includes new elements and features not found in the normal iOS operating system.Īpple first sued Corellium in 2019, but the security firm was granted summary judgment in a Florida federal court a year later. The US Court of Appeals for the Eleventh Circuit on Monday ruled that Corellium’s CORSEC simulator is protected by copyright law’s fair use doctrine, which allows the duplication of copyrighted work under certain circumstances.ĬORSEC “furthers scientific progress by allowing security research into important operating systems,” a three-judge panel for the appeals court said, adding that iOS “is functional operating software that falls outside copyright’s core.”Īn Apple spokesperson declined to comment on the ruling.Īpple argued that Corellium’s software was “wholesale copying and reproduction” of iOS and served as a market substitute for its own security research products.Ĭorellium countered that its copying of Apple’s computer code and app icons was only for the purposes of security research and was sufficiently “transformative” under the fair use standard. over its software that simulates the iPhone’s iOS operating systems, letting security researchers identify flaws in the software. failed to fully revive a long-running copyright lawsuit against cybersecurity firm Corellium Inc. Given that iOS 14.5 is still in beta, it's still unclear how this feature will be implemented, but based on code references, it appears that users who have previously downloaded the security update may be prompted to delete it before installing another iOS update.īy separating security updates from feature-centric updates, the development could also pave the way for issuing out-of-band emergency fixes for devices not running the latest versions of iOS and iPadOS.Apple Inc. On Macs running older versions of the operating system such as macOS Mojave, Apple has offered standalone update packs, allowing users to get security patches and bug fixes while holding off before installing the latest macOS version available. While Google's Android has had monthly security patches rolled out that are completely divorced from the OS-related updates, iOS has traditionally bundled security updates along with an upgrade to the latest version of the OS.įor instance, Apple rolled out iOS 14.4.1 earlier this month just to address one security vulnerability in WebKit that could have allowed adversaries to run arbitrary code on devices via malicious web content.īut with this new setting called "Install Security Updates" added to the software update menu, it's expected that Apple will let users choose between either installing the entire iOS update or just the security updates, in a manner that echoes macOS. ![]()
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