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Apple just lost its lawsuit trying to ban iOS virtual machines

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Re: Apple just lost its lawsuit trying to ban iOS virtual machines

#112

Can someone remind me why Apple is so anti-VM in seemingly every instance? It just seems so arbitrary and unhelpful, and I have a hard time imagining that the amount of hardware purchased it forces outweigh the benefits from making macOS/iOS better platforms for development and computation. It just seems like such an odd stance to take.

They want to sell hardware. I'm reminded of this every day when I can't use Apple Reminders and Calendar properly on non-Apple devices. I have an Apple phone but use a non-Apple computer. You used to be able to have a web interface to Reminders, but they changed it and now you can't add tasks in the web interface. No worries then, let's use Caldav. Hmmm, can't add a Caldav server to iCloud anymore. Ahh, we can add a Caldav account to iOS! Nope, it doesn't obey the sync schedule. You can set the schedule to anything but it just syncs when it wants to, maybe every couple of hours if you're lucky. I might be cynical but I wouldn't be surprised if it's a ploy to get more people into buying more of their devices.

Re: Apple just lost its lawsuit trying to ban iOS virtual machines

#113

Earlier quoted context omitted.

> Those remedies are against the parties breaching the contract. Yes, remedies in the law are invariably against the party breaking the law, not the people complying with the law. What would be the point of sanctions for not breaking the law? > while I’m sure there are some specific extra laws that make breach of certain types of contracts a misdemeanour or felony. Generally speaking in most jurisdictions around the…

Well so it is… I misunderstood your viewpoint since it was put so succinctly. With the added context of your reply, I see what you meant and yeah… I was quite argumentative in my agreement, fortunately it was an argument for the same view and you decided to kindly reply and point it out. :-)

As an aside, I found it entertaining to watch two dragons spar. :)

Re: Apple just lost its lawsuit trying to ban iOS virtual machines

#114
post #99
post #95

Earlier quoted context omitted.

In the UK, that's over twice the minimum threshold for monopoly power.

"Monopoly power" is not a monopoly and in the UK, public schools are actually private schools, so maybe we shouldn't compare terminology across countries.

"...maybe we shouldn't compare terminology across countries."

That sounds like cromulent use of HN.

Re: Apple just lost its lawsuit trying to ban iOS virtual machines

#115

Earlier quoted context omitted.

> Everything I find says that to be illegal, something must be against the law. A breach of contract is against, and has remedies provided under, the law of contracts.. > A contract is not law No, but the law of contracts is law.

Those remedies are against the parties breaching the contract. It’s a small hair to split, but relevant given the point being made. contract law is the body of precedent and collective set of laws related to the legality, construction, execution and all around use of contracts, and while I’m sure there are some specific extra laws that make breach of certain types of contracts a misdemeanour or felony. Generally spea…

Those remedies are against the parties breaching the contract.

There are also remedies against those who interfere with a contract they are not party to. This is called tortious interference [1].

[1] https://en.wikipedia.org/wiki/Tortious_interference

Re: Apple just lost its lawsuit trying to ban iOS virtual machines

#116

Earlier quoted context omitted.

Breach of contract is illegal, even though its not (in and of itself) criminal.

I can't find anything online to support that. Everything I find says that to be illegal, something must be against the law, and that a contract is not law, so the word "illegal" doesn't apply to breach of contract because it's private. There is a difference between illegality and criminality however -- e.g. breaking the speed limit is illegal but it doesn't reach criminal, as one source uses as an example.

That depends on the country... speeding in the UK, for example, absolutely is a criminal offence.

In fact, in the UK, apart from a tiny number of civil matters used in criminal law, breaking the law (ie doing something illegal) is always a criminal offence.

Re: Apple just lost its lawsuit trying to ban iOS virtual machines

#117
post #98

Earlier quoted context omitted.

> Everything I find says that to be illegal, something must be against the law. A breach of contract is against, and has remedies provided under, the law of contracts.. > A contract is not law No, but the law of contracts is law.

"contracts" is civil law. to be illegal it would have to be criminal law. defamation is legal. it's a tort, you can get sued for it and lose. in civil court. there is contract law, but breaking contract law is not illegal. a tort for example, is a tort, not a crime.

Criminal law isn't the only law, so not the only source of illegality.

Re: Apple just lost its lawsuit trying to ban iOS virtual machines

#118
post #99
post #95

Earlier quoted context omitted.

In the UK, that's over twice the minimum threshold for monopoly power.

"Monopoly power" is not a monopoly and in the UK, public schools are actually private schools, so maybe we shouldn't compare terminology across countries.

That’s because competition/antitrust law, be it UK, EU or US, doesn’t care about whether an entity is a “monopoly” or not. It cares about whether a company is engaging in anticompetitive practices or not. The market share is a red herring.

Re: Apple just lost its lawsuit trying to ban iOS virtual machines

#119

Earlier quoted context omitted.

I can't find anything online to support that. Everything I find says that to be illegal, something must be against the law, and that a contract is not law, so the word "illegal" doesn't apply to breach of contract because it's private. There is a difference between illegality and criminality however -- e.g. breaking the speed limit is illegal but it doesn't reach criminal, as one source uses as an example.

That depends on the country... speeding in the UK, for example, absolutely is a criminal offence. In fact, in the UK, apart from a tiny number of civil matters used in criminal law, breaking the law (ie doing something illegal) is always a criminal offence.

dragonwriter and others here are both right. In terms of language, the terms are the same, in that you are a criminal if you violate the law. However, in many countries and regions "criminal" can be a way to discern that certain crimes come with specific punishments, like jail time or personal fines.

For example, in the US there's criminal and civil cases. You can't be incarcerated for losing a civil suit, unless you don't pay whatever judgement the court discerns (which is considered criminal contempt of court).

In the US the difference also comes into play in terms of who can bring certain charges against you. If you were to sue someone, you can't sue them for assault and battery or homicide, because these are considered criminal charges and only the District Attorney / the government can bring these charges against someone. In this case, there are typically parallel civil remedies you can sue for, such as "wrongful death" and "emotional distress" which is strictly to recuperate financial loss.

Re: Apple just lost its lawsuit trying to ban iOS virtual machines

#120
post #85

Before anyone jumps to conclusions, all this ruling means is that this example of an iOS virtual machine (for the purpose of security research) counts as fair use. It doesn't exactly open the doors for everyone to run iOS in virtual machines.

From the ruling[0]: > As to count one, we agree that Corellium is shielded by the fair use doctrine. First, Corellium’s virtualization software is transformative—it furthers scientific progress by allowing security research into important operating systems. Second, iOS is functional operating software that falls outside copyright’s core. Third, Corellium didn’t overhelp itself to Apple’s software. And fourth, Corelli…

How did they determine that it didn't affect the iPhone market? As I understand it, companies definitely buy tons of iphones set up on docks next to workstations to ensure everyone in the office can work on ios apps on real hardware, since the ios simulators aren't always foolproof and don't consider handheld ux.
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