Re:Developers Are in Open Revolt over Apple's New App Store ...
by smoldesu on Monday February 12, 2024 @03:36PM
(#39350130)
The issue is violating Apple trademarks. Apple vs Corellium ended with Corellium successfully arguing Fair Use on a novel iOS emulator that they sold to researchers. Apple's only protected trademarks were for the wallpaper and icon art.
Conditionally, you are allowed to make a business out of selling iOS emulators.
> As to count one, we agree that Corellium is shielded by the fair use doctrine. First, Corellium’s virtualization software is trans-formative—it furthers scientific progress by allowing security re-search into important operating systems. Second, iOS is functional operating software that falls outside copyright’s core. Third, Co-rellium didn’t overhelp itself to Apple’s software. And fourth, Co-rellium’s product does not substantially harm the market for iOS or iOS derivatives—so Apple’s own incentive to innovate remains strong.
Conditionally, you are allowed to make a business out of selling iOS emulators.
> As to count one, we agree that Corellium is shielded by the fair use doctrine. First, Corellium’s virtualization software is trans-formative—it furthers scientific progress by allowing security re-search into important operating systems. Second, iOS is functional operating software that falls outside copyright’s core. Third, Co-rellium didn’t overhelp itself to Apple’s software. And fourth, Co-rellium’s product does not substantially harm the market for iOS or iOS derivatives—so Apple’s own incentive to innovate remains strong.
https://law.justia.com/cases/federal/appellate-courts/ca11/2...