FWIW, I agree that privacy is ignored and should be respected, but apple chose this fight. I'm glad they did, but they knew it would cost them.
If the DoJ ultimately won the case, then it's fair that Apple should have to pay their legal costs.
But since using a 200 year old law to force Apple to do work they don't want to do was a legal stretch, if the DoJ lost the case then again I'd say the DoJ should pay Apple's legal costs.
Please stop parroting "200 year old law".
Or do you refer to that as a stale 200 year old law, too?
IIRC, but wasn't the order issued with only one side present at court (i.e. without Apple's attorneys being present to raise issues before it was issued)?
Businesses don't often pay employees to do nothing, that legal team would be doing other corporate legal work if they weren't working on this case, and I'm sure they paid outside consultants to help with the case.
We'll never see that counterargument regarding the cost of engineering FBiOS, since the case was withdrawn.
[Edit: we'll never see it because I believe that the FBI will not likely go after Apple again, specifically because they put up a much more forceful fight against it than the FBI ever thought they would. Admittedly I'm speculating, but I don't think I'm being unreasonable]
Apple should be able to recover their legal costs.