Corellium made the argument that its product is just like the infamous PlayStation emulator Virtual Game Station, made by Connectix, which allowed people to run PlayStation games on their PCs. Sony sued the company and lost the suit. Corellium also said the case of Google Books winning a lawsuit against authors that claimed the product was infringing their copyrights should be considered a favorable precedent. In both cases, according to Corellium, judges found that these products were a transformative use of the original works, and thus did not infringe on copyright.
“Apple would love to be the fox guarding the hen house”
Two copyright lawyers who reviewed the filing agreed that it makes strong arguments in favor of Corellium, but that it may not be enough to convince the judge at this stage of the lawsuit.“Corellium does raise good points—its iOS emulator is highly transformative if the usage for security purposes is considered, and its product is unlikely to supplant the market for Apple’s own products,” Tom Dietrich, a senior attorney at the McArthur law firm in Los Angeles who specializes in intellectual property, told Motherboard.According to Stan Adams, the deputy general counsel at the Center for Democracy and Technology, the relevant question in this case is whether Corellium used copyrighted material to develop its product, but the company “seems to deflect this question and instead focuses on the use of its product by researchers.”
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