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It was reported last week that Apple was dropping a copyright lawsuit against Corellium, a company that sells virtual iOS devices. However, the case appears to have seen a turnaround as Apple filed a notice of appeal in the case on Tuesday.
The news comes from Reuters, who claims the notice of appeal was filed today with the United States District Court for the Southern District of Florida. This follows an initial settlement between Apple and Corellium that happened earlier this month, so it’s not clear why Apple is now sending a notice of appeal to court regarding the same case.
Apple Inc (AAPL.O) on Tuesday filed a notice of appeal in a copyright case it brought against cybersecurity company Corellium LLC in 2019. Corellium sells tools to enable security researchers to access a “virtual” software version of the iPhone. In its lawsuit, Apple alleged that Corellium had infringed the copyright of its iOS operating system.
The call came as a surprise as Apple had just settled other claims with Corellium regarding the Digitial Milennium Copyright Act, thus avoiding a lawsuit.
Apple has been fighting Corellium since 2019 after the company released a tool capable of virtualizing iOS software. While Corellium claims the platform is focused on security researchers, Apple claims the company is infringing the copyright on its software.
In December 2020, Apple suffered a major defeat when a federal judge ruled that Corellium had made “fair use” of the iOS code, but the Cupertino-based company continued to seek an injunction against Corellium’s platform. The terms of last week’s settlement were unknown, but Corellium emailed their sales team to let them know their platform will remain available for sale.
Interestingly, today’s fills follow an announcement that Corellium will pay security researchers to verify Apple’s new child sexual abuse (CSAM) hardware system. Last week, the virtualization software company defended the integrity of Apple’s CSAM on the grounds that the U.S. Fourth Amendment would prevent the feature from being abused to detect political content.
Update:
Apple’s notice of copyright infringement appeal relates to the summary judgment that was released in December 2020 and released today with the final judgment. Documents seen by 9to5Mac confirm that the settlement between Apple and Corellium was only for the DMCA claim.
9to5Mac contacted Apple and Corellium for clarification, but neither company responded to the request.
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