Case 9:19-cv-81160-RS Document 589 Entered on FLSD Docket 07/09/2020 Page 1 of 28
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`Case No. 9:19-cv-81160-RS
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`APPLE INC.,
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`v.
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`CORELLIUM, LLC,
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`Plaintiff,
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`Defendant.
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`SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL
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`1.
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`Plaintiff Apple Inc. (“Apple”) brings this complaint against Corellium, LLC
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`(“Corellium”) for copyright infringement in violation of 17 U.S.C. § 501 and unlawful
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`trafficking of a product used to circumvent security measures in violation of 17 U.S.C. § 1201.
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`INTRODUCTION
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`2.
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`This is a straightforward case of infringement of highly valuable copyrighted
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`works, along with the trafficking of and profiting from technology that enables such
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`infringement. Corellium’s business is based entirely on commercializing the illegal replication
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`of the copyrighted operating system and applications that run on Apple’s iPhone, iPad, and other
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`Apple devices. The product Corellium offers is a “virtual” version of Apple mobile hardware
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`products, accessible to anyone with a web browser. Specifically, Corellium serves up what it
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`touts as a perfect digital facsimile of a broad range of Apple’s market-leading devices—
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`recreating with fastidious attention to detail not just the way the operating system and
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`Case 9:19-cv-81160-RS Document 589 Entered on FLSD Docket 07/09/2020 Page 2 of 28
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`applications appear visually to bona fide purchasers, but also the underlying computer code.
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`Corellium does so with no license or permission from Apple.
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`3.
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`Corellium’s conduct plainly infringes Apple’s copyrights. This is not a case in
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`which it is questionable or unclear whether the defendant reproduced the rights-owner’s works,
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`or more subtly, whether particular portions of the works that the defendant took are ultimately
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`protected by federal copyright law. Instead, Corellium simply copies everything: the code, the
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`graphical user interface, the icons—all of it, in exacting detail. And that’s not all. Corellium
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`goes even farther by providing its users with the tools to do the same.
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`4.
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`Corellium explicitly markets its product as one that allows the creation of
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`“virtual” Apple devices. For a million dollars a year, Corellium will even deliver a “private”
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`installation of its product to any buyer. There is no basis for Corellium to be selling a product
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`that allows the creation of avowedly perfect replicas of Apple’s devices to anyone willing to pay.
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`5.
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`Although Corellium paints itself as providing a research tool for those trying to
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`discover security vulnerabilities and other flaws in Apple’s software, Corellium’s true goal is
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`profiting off its blatant infringement. Far from assisting in fixing vulnerabilities, Corellium
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`encourages its users to sell any discovered information on the open market to the highest bidder.
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`Indeed, Corellium’s largest customer admits that it has never reported any bugs to Apple.1
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`6.
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`Apple strongly supports good-faith security research on its platforms, and has
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`never pursued legal action against a security researcher. Not only does Apple publicly credit
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`researchers for reporting vulnerabilities, it has created several programs to facilitate such
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`research activity so that potential security flaws can be identified and corrected. Apple’s
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`1 Lorenzo Franceschi-Bicchierai, iPhone Emulation Company Sued by Apple Says It’s
`Making iPhones Safer, Motherboard Vice (Oct. 29, 2019), https://www.vice.com/en_us/
`article/8xw7gx/iphone-emulation-company-sued-by-apple-says-its-making-iphones-safer.
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`2
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`programs include providing as much as $1 million per report through “bug bounty” programs in
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`accordance with the provisions of those programs. Apple has also announced that it will provide
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`custom versions of the iPhone to legitimate security researchers to allow them to conduct
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`research on Apple devices and software. These efforts recognize the critical role that members
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`of the security research community play in Apple’s efforts to ensure its devices contain the most
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`secure software and systems available.
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`7.
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`The purpose of this lawsuit is not to encumber good-faith security research, but to
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`bring an end to Corellium’s unlawful commercialization of Apple’s valuable copyrighted works.
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`Accordingly, Apple respectfully seeks an injunction, along with the other remedies described
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`below, to stop Corellium’s acts of naked copyright infringement.
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`THE PARTIES
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`8.
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`Apple Inc. is a California corporation with its principal place of business at One
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`Apple Park Way, Cupertino, California 95014.
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`9.
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`On information and belief, Corellium, LLC is a limited liability company
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`registered in Delaware with its principal place of business at 630 George Bush Blvd., Delray
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`Beach, Florida 33483.
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`JURISDICTION AND VENUE
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`10.
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`Pursuant to 28 U.S.C. § 1338(a), this Court has subject matter jurisdiction over
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`Apple’s claims for relief for violations of the federal copyright statute.
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`11.
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`This Court has personal jurisdiction over Corellium because it resides, maintains
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`offices, and conducts business in this State.
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`12.
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`Venue in this Court is proper under 28 U.S.C. § 1400(a). Corellium resides in
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`this District because its principal place of business is located in this District.
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`3
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`Case 9:19-cv-81160-RS Document 589 Entered on FLSD Docket 07/09/2020 Page 4 of 28
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`FACTS COMMON TO ALL CLAIMS FOR RELIEF
` Apple’s Copyrighted Works
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`13.
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`Apple is a leading designer and manufacturer of mobile communication devices,
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`personal computers, and media devices. Apple sells a variety of related software, services,
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`accessories, and third-party digital content and applications. Apple’s products and services
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`include iPhone®, Mac®, iPad®, Apple Watch®, AirPods®, AppleTV®, Beats® products,
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`HomePod™, a portfolio of consumer and professional software applications, iOS, iPadOS™,
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`macOS®, watchOS® and tvOS® operating systems, iCloud®, Apple Pay® and a variety of
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`accessory, service, and support offerings. Apple sells and delivers digital content through the
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`iTunes Store®, App Store®, Mac App Store, TV App Store, Book Store and Apple Music®.
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`Apple has created numerous innovative technologies that have changed the face of the computer
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`and telecommunications industries.
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`14.
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`One such technology is the iOS operating system. iOS comes pre-installed on
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`Apple mobile devices, including the iPhone, iPad, and iPod Touch. As the operating system for
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`these mobile devices, iOS is the technological foundation for software “application” programs
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`(or “apps”) that serve particular functions for end-users—from shopping to playing music and
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`beyond. Both Apple and third-party programmers write and develop apps that run on iOS.
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`15.
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`Apple has periodically created and released new versions of iOS to enhance the
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`functionality and security of the operating system and the devices it runs. Apple released its
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`prior major version of iOS, iOS 12, on September 17, 2018, to coincide with its release of the
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`latest versions of the iPhone—iPhone XS and iPhone XS Max (both of which Apple released on
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`September 21, 2018), and iPhone XR (which Apple released on October 26, 2018). Apple
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`released iOS 13 on September 19, 2019.
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`4
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`16.
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`In addition to an operating system and certain applications, Apple’s mobile
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`devices include a number of graphic design elements that Apple has created. These include
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`background wallpaper images, icons, and other features that make iOS and iTunes visually
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`attractive to consumers. These visual design elements (referred to here as “graphical user
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`interface elements,” or, more formally, “GUI Elements”) are critical to the appeal of Apple’s
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`products, and Apple continually updates them to account for design trends and changing tastes.
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`17.
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`Apple owns copyrights in (i) each version of iOS, (ii) each version of iTunes, and
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`(iii) the GUI Elements, including different versions of graphic icons and preinstalled background
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`wallpaper images. A list of copyright registrations for the works-in-suit is provided in Exhibit A.
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`Apple registered all or virtually all of these copyrights with the U.S. Copyright Office either
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`prior to Corellium’s acts of infringement, or within three months of publication.
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`18.
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`Apple has put in place a series of technological protection measures that control
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`access to and protect Apple’s exclusive rights in its software. These include several measures
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`that prevent iOS and iTunes from being installed onto non-Apple-manufactured hardware. In
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`addition, after iOS is installed on an Apple device, iOS includes software restrictions that prevent
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`unfettered access to the operating system. Among other things, these restrictions prevent a user
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`from modifying the operating system.
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`19.
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`These various technological protection measures both control access to iOS and
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`iTunes (for example, by requiring that users access the installed version of that software only on
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`an Apple-manufactured device) and protect Apple’s exclusive rights (for example, by preventing
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`the creation of unauthorized derivative versions of iOS).
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`20.
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`Four other points regarding Apple’s products are relevant to this action. First, in
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`the course of creating and upgrading its market-leading mobile devices, Apple has spent
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`5
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`significant resources developing elaborate security measures within iOS in order to protect its
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`customers’ data, including embedding security features in the hardware, firmware, and software
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`layers of iOS and the mobile products on which iOS is installed. To this day, Apple continues to
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`invest significant resources in researching and improving the security measures in its products.
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`21.
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`Second, Apple sells a service called the Apple Developer Program for $99 per
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`year. The Apple Developer Program provides third-party developers with access to a range of
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`Apple-created software development tools that allow the creation and testing of iOS apps. An
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`example is TestFlight®, a development tool which allows app developers to publish “beta”
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`versions of their apps to testers, who can then download and test the app for a limited period of
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`time.
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`22.
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`Third, Apple also distributes a software product called Xcode® that allows app
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`developers to create and test iOS apps. Among the features of Xcode is one called “Simulator,”
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`which gives an app developer the ability to test the app on a “virtual” iOS device. In addition,
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`Xcode makes it possible to test apps on actual physical Apple devices. Although Xcode is
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`provided without charge, use of the software requires agreement to specific and detailed terms
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`and conditions of use, including agreement not to use Xcode to “decompile, reverse engineer,
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`disassemble, attempt to derive the source code of, modify, decrypt, or create derivative works of”
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`Apple-created software.
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`23.
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`Fourth, earlier this year Apple announced the “iOS Security Research Device
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`Program,” under which Apple will provide custom versions of the iPhone to legitimate security
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`researchers, to allow them to find and report bugs to Apple.
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`24.
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`Through Apple’s massive investments and unparalleled innovation, iOS has
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`become one of the most widely used and distributed mobile operating system in the world.
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`6
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`Apple’s mobile products continue to lead the field, with billions of units sold.
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` Corellium’s Infringing Product
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`25.
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`Corellium is “a startup that sells a product that allows users to create virtual
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`instances of almost any iOS device in the world.”2 Corellium’s product creates exact digital
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`replicas of Apple’s iOS, iTunes, and GUI Elements (referred to here as the “Corellium Apple
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`Product”), available via either Corellium’s web-based platform or a privately installed,
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`Corellium-provided platform.3 Corellium admits that its product will compete with Apple’s iOS
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`Security Research Device Program.4
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`26.
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`The sole function of the Corellium Apple Product is to enable the creation of
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`“virtual” iOS-operated devices, running unauthorized copies of iOS, on non-Apple hardware.
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`Images and video of the Corellium Apple Product available online unambiguously demonstrate
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`Corellium’s blatant copying of Apple’s copyrighted works and establish unequivocally that the
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`Corellium Apple Product enables its users to circumvent the security protections that Apple has
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`implemented to protect its copyrighted works and its exclusive rights in those works. For
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`example, the following images show, on the left, an image of an iPhone X taken from Apple’s
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`website, and on the right, a “virtual” iPhone X as created within the Corellium Apple Product.
`
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`2 Lorenzo Franceschi-Bicchierai, The Prototype iPhones That Hackers Use to Research
`Apple’s Most Sensitive Code, Motherboard Vice (Mar. 6, 2019), https://www.vice.com/
`en_us/article/gyakgw/the-prototype-dev-fused-iphones-that-hackers-use-to-research-
`apple-zero-days.
`3 References to the “Corellium Apple Product” refer only to products that create virtual
`versions of iOS-operated devices. This case does not raise claims regarding Corellium-
`created products that are based on other mobile operating systems.
`4 Am. Answer at 8-9.
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`27.
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`Corellium openly admits that its product depends on the copying of Apple’s
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`content—i.e., Apple’s copyrighted works. For instance, in January 2018, Corellium published a
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`post on its official Twitter account announcing the Corellium Apple Product, noting that the
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`product “enables us to run virtual iPhones in the cloud,” and features the ability to “[r]un any
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`version of iOS” and the “[o]ptional jailbreak of any version” of iOS.
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`8
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`In August 2019, Corellium specifically emphasized, at the international
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`28.
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`cybersecurity Black Hat USA Conference, that the Corellium Apple Product is an exact copy of
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`Apple’s copyrighted works, designed specifically to allow researchers and hackers to research
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`and test their vulnerabilities, by “run[ing] real iOS – with real bugs that have real exploits.” In
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`other words, the Corellium Apple Product is designed to find and exploit flaws in iOS. And
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`Corellium’s Apple Product does so by, among other things, enabling its users to circumvent the
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`technological protection measures that are designed to limit where and how Apple’s copyrighted
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`works can be used.
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`9
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`Corellium acts quickly to copy new versions of Apple’s copyrighted works
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`29.
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`immediately after they are released. On September 27, 2018, within days of the announcement
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`of Apple’s newest iPhone models (iPhone XR, iPhone XS, and iPhone XS Max), Corellium
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`posted on its official Twitter account that the Corellium Apple Product supported those new
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`devices with the newest version of the iOS operating system.
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`10
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`30.
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`Other images available online show the ease with which Corellium’s customers
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`can create new “virtual” iOS devices using the Corellium Apple Product. The following series
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`of images show the steps a user would take in the Corellium Apple Product to create a new
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`virtual iPhone X, with a fully functioning copy of iOS 12:
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`A. The Corellium Apple Product allows a user to pick a specific type of device to
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`create a virtual version of. The image below provides the option to copy an iPhone 7 Plus,
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`iPhone 8, iPhone 8 Plus, or iPhone X.
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`
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`B. Next, the user selects a version of iOS to install on the virtual device.
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`11
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`As Corellium acknowledges, the Corellium Apple Product then downloads a copy of the
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`appropriate version of iOS from Apple’s servers, installs it on Corellium’s own hardware, and
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`makes it available to the user through Corellium’s virtual environment. In doing so, Corellium’s
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`product circumvents the security measures that are in place that prevent iOS from being installed
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`and executed on hardware other than Apple-authorized hardware.
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`C. The Corellium Apple Product can then display to users, via Corellium’s web-based
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`platform or on a privately installed, Corellium-provided platform a functioning, virtual iPhone
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`that looks identical to an actual iPhone.
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`31.
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`Once a user has created a “virtual” iPhone, the Corellium Apple Product allows a
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`user to make multiple copies of that virtual device, and thus multiple copies of the version of iOS
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`installed thereon. As a result, on information and belief, Corellium’s servers are hosting
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`numerous copies of iOS.
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`12
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`32.
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`On information and belief, the “virtual” iOS devices created by Corellium include
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`fully functioning versions of iOS and iTunes.
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`33.
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`The Apple Corellium Product also provides users with the ability to “jailbreak”
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`virtual iOS devices. Jailbreaking refers to the act of modifying iOS to circumvent the software
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`restrictions that prevent unfettered access to the operating system. Corellium openly markets the
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`ability of its technology to “jailbreak . . . any version” of iOS. Corellium provides its
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`jailbreaking technology to all its customers, regardless of their purpose.
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`34.
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`In its Answer, Corellium attempts to paint itself as nobly purposed, enabling
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`companies to identify iOS bugs for the beneficial purpose of improving the product and
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`protecting users. In fact, far from being a product whose uses are limited to some salutary
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`purpose, Corellium’s knock-offs, according to a February 2018 Forbes article, allow customers
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`to try “whatever they want,” without regard to whether such activities are benign or malicious,
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`on a virtual version of Apple’s devices.5 That article was evidently based on interviews with
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`Corellium’s founders, Amanda Gorton, Chris Wade, and David Wang, as well as demonstrations
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`of the Corellium Apple Product.
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`35.
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`According to the Forbes article, Ms. Gorton demonstrated that a “virtual” iPhone
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`6—that is, a full reproduction of Apple’s iOS, iTunes, and GUI Elements—could be created “in
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`a matter of minutes” using the Corellium Apple Product. The Forbes article also noted that the
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`product can make virtual copies of “almost all iOS devices currently on the market.”
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`36.
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`Corellium’s own public statements bely their assertions that their infringing
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`products are sold solely or even primarily for salutary purposes. In July 2018, Mr. Wade posted
`
`
`5 Thomas Brewster, This Super Stealth Startup Built An Apple Hacker’s Paradise, Forbes
`(Feb. 15, 2018), https://www.forbes.com/sites/thomasbrewster/2018/02/15/corellium-
`virtual-apple-iphones-for-hacking/#343d11b94a3b.
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`13
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`on his Twitter account that the Corellium Apple Product would be available for use at two
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`training courses held at the Black Hat USA Conference in August 2018: one titled “Offensive
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`Mobile Exploitation & Reversing,” and the other, “The Mobile Application Hacker’s Handbook:
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`Live Edition.” Mr. Wade’s tweet was retweeted by Corellium’s official Twitter account.
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`37.
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`In September 2018, Mr. Wade appeared on a podcast called “Risky Business” that
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`described the Corellium Apple Product as being marketed to the developers of software
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`“exploits”—that is, developers of code intended to exploit flaws in a third-party digital product.
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`During the podcast, Mr. Wade observed that, if anyone is able to develop a particular type of
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`exploit of iOS 12, “they might want to keep it to themselves, because it will be worth a lot of
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`money to a lot of people.”
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`38.
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`On information and belief, the very next month, at the Tencent Security
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`Conference, Mr. Wade stated that, for $1 million per year, entities will be able to license private
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`installations of the Corellium Apple Product. This entails installing a full version of the
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`Corellium Apple Product on a customer’s premises, rather than simply giving the customer
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`access to Corellium’s own cloud-based product. Such private installations of the Corellium
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`Apple Product copy, modify, and display Apple’s copyrighted works and allow users to do the
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`same. The Corellium Apple Product also gives users the ability to circumvent the security
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`14
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`measures that are designed to prevent access to and use of Apple’s copyrighted works via non-
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`Apple hardware (such as Corellium’s on-premises hardware).
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`39.
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`On January 22, 2019, Corellium took its public communications about its
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`flagrantly illegal activities even further, announcing on its official Twitter account that it was
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`offering “on-site solutions” as an alternative to purchasing “jailbroken iPhones on eBay.” This
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`represents an open acknowledgement of exactly what Corellium’s Apple Product is—a product
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`that was designed, produced, and is now being marketed for the primary (and, in fact, exclusive)
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`purpose of circumventing a technological measure that effectively controls access to Apple’s
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`copyrighted works.
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`On April 1, 2019, Corellium again highlighted the unlawful ends to which its
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`40.
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`product is aimed by publicly acknowledging that it had given access to its platform to the
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`developers of code used to jailbreak iOS devices called “unc0ver,” so the developers could test
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`the jailbreaking code “on any device running any firmware” and distribute that code to the
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`public. Within weeks, those developers released a new version of unc0ver that allowed
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`jailbreaking of iOS 12.6 In other words, Corellium has admitted not only that its product is
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`designed to circumvent technological protection measures Apple puts in place to prevent access
`
`
`6 Github, v3.0.0 Release, posted by pwn20wndstuff, https://github.com/pwn20wndstuff/
`Undecimus/releases (April 19, 2019).
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`15
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`to and infringement of its copyrighted works in iOS, but that it has aided and abetted the creation
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`and trafficking of other software that is also designed to circumvent those same technological
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`measures.
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`Corellium contends in its Answer that “Corellium and its founders do business
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`41.
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`with those working in software security to protect end users.”7 On information and belief,
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`Corellium actually makes no effort whatsoever to confine use of its product to good-faith
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`research and testing of iOS. Nor does Corellium require its users to disclose any software bugs
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`they find to Apple, so that Apple may correct them.
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`42.
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`For example, the Forbes article, and a separate article in Motherboard from the
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`same month, both described a company called Azimuth Security as Corellium’s “first customer,”
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`a fact Corellium acknowledges. The Motherboard article reported that Azimuth sells a range of
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`tools that exploit flaws in software. Azimuth’s customers reportedly include foreign
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`governments, including foreign intelligence agencies.8 And when a reporter recently asked
`
`
`7 Am. Answer at 10.
`8 Joseph Cox and Lorenzo Franceschi-Bicchierai, How A Tiny Startup Became The Most
`Important Hacking Shop You’ve Never Heard Of, Motherboard Vice (Feb. 7, 2018),
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`16
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`Azimuth’s founder Mark Dowd, whether Azimuth had ever reported a bug found using
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`Corellium to Apple, he answered, “no.”9 Contrary to its lofty rhetoric, Corellium in fact sells
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`Apple’s technology and the ability to circumvent the security measures embedded in that
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`technology for its own profit, and makes no effort to ensure its customers are engaged solely in
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`good-faith security research. Instead, Corellium is selling a product for profit, using
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`unauthorized copies of Apple’s proprietary software, that it avowedly intends to be used for any
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`purpose, without limitation, including for the sale of software exploits on the open market.10
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`43.
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`Corellium’s founders publicly recognize the significant commercial opportunity
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`embodied by the Corellium Apple Product. For instance, in August 2019, after Apple announced
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`that it will offer custom devices lacking certain security measures to invited and trusted security
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`researchers,11 Mr. Wade noted the “serious cloud services revenue” Apple could capture, but
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`then said “[it] chooses instead to build custom devices for a select few.” This is an open
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`acknowledgment that a cloud-based product like Corellium’s will compete directly with the
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`custom devices that Apple plans to distribute to security researchers.
`
`
`https://motherboard.vice.com/en_us/article/8xdayg/iphone-zero-days-inside-azimuth-
`security.
`9 Lorenzo Franceschi-Bicchierai, iPhone Emulation Company Sued by Apple Says It's
`Making iPhones Safer, Motherboard Vice (Oct. 29, 2019), https://www.vice.com/en_us/
`article/8xw7gx/iphone-emulation-company-sued-by-apple-says-its-making-iphones-safer.
`10 In one tweet, Mr. Wade responded to an announcement by a company offering a $2
`million dollar bounty for “remote iOS jailbreaks” by suggesting that users try the
`Corellium Apple Product to find such bugs. @cmwdotme, Twitter (Jan. 7, 2018,
`7:10 AM), https://twitter.com/cmwdotme/status/1082293278840508416.
`11 Andy Greenberg, Apple Gives Hackers A Special iPhone—and A Bigger Bug Bounty,
`Wired (Aug. 8, 2019), https://www.wired.com/story/apple-hacker-iphone-bug-bounty-
`macos/.
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`Case 9:19-cv-81160-RS Document 589 Entered on FLSD Docket 07/09/2020 Page 18 of 28
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`Enough is enough. Apple did not and has not licensed or otherwise authorized
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`44.
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`Corellium to use Apple’s copyrighted works in the creation of, or as part of, the Corellium Apple
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`Product, and in no way authorized Corellium’s design, production, and marketing of a tool that
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`allows users to circumvent technological measures that protect access to and use of Apple’s
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`copyrighted works.
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` Corellium’s Acts of Copyright Infringement
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`45.
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`Through its Corellium Apple Product, Corellium has engaged in and is engaging
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`in the following acts of copyright infringement in violation of the Copyright Act, 17 U.S.C.
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`§ 501:
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`A.
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`Corellium has created and is creating and distributing reproductions of, and is
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`creating derivative works based upon, Apple’s iOS, iTunes, and GUI Elements, each of which are
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`separate, independent protected works under the Copyright Act. In fact, Corellium has admitted
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`the Corellium Apple Product makes modifications to iOS that allows it to be installed on, and run
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`from, Corellium-developed or Corellium-operated hardware.
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`B.
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`Corellium has publicly displayed and is publicly displaying Apple’s GUI Elements,
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`and admits as much.
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`C.
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`Corellium has and is continuing to induce, cause, and/or materially contribute to
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`Corellium users’ own acts of direct copyright infringement of Apple’s copyrights in iOS, iTunes,
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`Case 9:19-cv-81160-RS Document 589 Entered on FLSD Docket 07/09/2020 Page 19 of 28
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`and the GUI Elements. Corellium contributorily infringed and continues to contributorily
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`infringe Apple’s copyrights by providing its users with access to the Corellium Apple Product,
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`including by selling private installations of the Corellium Apple Product that allow users to
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`create virtual Apple devices on hardware that they control. Corellium also induced and
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`continues to induce acts of direct copyright infringement by promoting and encouraging the use
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`of the Corellium Apple Product to infringe Apple’s copyrights.
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`46.
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`Corellium has no plausible defense to these acts of copyright infringement. On
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`information and belief, Corellium is indiscriminately marketing the Corellium Apple Product to
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`any customer, including foreign governments and commercial enterprises. Corellium is not
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`selectively limiting its customers to only those with some socially beneficial purpose and/or
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`those who promise to use Apple’s copyrighted works, through the Corellium Apple Product,
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`only in lawful ways (though it is highly doubtful whether, under the circumstances, such uses
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`actually exist). Instead, Corellium is simply unleashing Apple’s copyrighted works for the
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`world-at-large to use, period.
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`47.
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`Corellium’s purpose is plainly commercial. The Apple works whose copyrights
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`Corellium is infringing are exceptionally creative. Corellium is using them wholesale, in full.
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`And in so doing, it is harming the market for Apple’s copyrighted works in a variety of respects,
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`including, without limitation, by making certain such works freely available in a manner in
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`which they are otherwise accessible to developers only through the Apple Developer Program or
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`by entering into agreements with Apple.
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` Corellium’s Unlawful Trafficking of a Product Used To Circumvent Security
`Measures
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`48.
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`The Copyright Act prohibits trafficking in products that are used to modify iOS
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`and circumvent technological controls that protect copyrighted works. These “anti-trafficking”
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`Case 9:19-cv-81160-RS Document 589 Entered on FLSD Docket 07/09/2020 Page 20 of 28
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`provisions, 17 U.S.C. § 1201(a)(2) and (b), make it unlawful for any person to “manufacture,
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`import, offer to the public, provide, or otherwise traffic in any technology, product, service,
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`device, component, or part thereof” that is primarily designed, produced, or marketed for the
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`purpose of circumventing technological measures that either effectively control access to a
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`copyrighted work (section 1201(a)(2)), or that protect the exclusive rights of a copyright owner
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`(section 1201(b)). The Copyright Act also provides a private right of action for violations of the
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`anti-trafficking provisions. 17 U.S.C. § 1203(a).
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`49.
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`Apple has incorporated security and other technological measures that, in their
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`ordinary course of operation, require the application of information, or a process or treatment, to
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`gain access to iOS, iTunes, and the GUI Elements. Apple has also incorporated technological
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`measures that, in their ordinary course of operation, prevent, restrict, or otherwise limit the
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`exercise of Apple’s exclusive rights in iOS, iTunes, and the GUI Elements, including but not
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`limited to the right to copy and create derivative works from those works. These technological
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`measures, among other things, include encryption, hardware checks, and server checks that
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`prevent iOS from being installed and executed on non-Apple-authorized hardware, and prevent
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`unfettered access to the iOS operating system.
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`50.
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`Through its Corellium Apple Product, Corellium has engaged in and is engaging
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`in the following acts in violation of the anti-trafficking provisions of Title 17:
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`A. Corellium, by offering the Corellium Apple Product for sale or license without
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`authorization from Apple, is trafficking in technologies, products, or services that are primarily
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`designed to avoid, bypass, remove, deactivate, or otherwise impair technological measures that
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`effectively control access to the Apple’s copyrighted works, in violation of 17 U.S.C.
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`§ 1201(a)(2).
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`Case 9:19-cv-81160-RS Document 589 Entered on FLSD Docket 07/09/2020 Page 21 of 28
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`B. Corellium, by offering the Corellium Apple Product for sale or license without
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`authorization from Apple, is trafficking in technologies, products, or services that are primarily
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`designed