Tag Archive for: copyright

Internet Security Non-Profit Quad9 Files Appeal Against Copyright Lawsuit from Sony Music Germany

/in


ZURICH, Sept. 1, 2021 /PRNewswire-PRWeb/ — The non-profit Swiss DNS provider Quad9, has filed an objection against an interim injunction (310 O 99/21) obtained by Sony Music Germany from the Hamburg Regional Court. This injunction requires Quad9 to implement network blocks that has the potential to set a precedent for other Internet organizations which are drawn into a copyright case in Germany as well as other EU nations.

Unlike many other DNS resolvers, Quad9’s privacy-friendly, free service avoids storing personal data about surfing behavior and protects against phishing and malware attacks. The interim injunction issued by the Hamburg Regional Court now means that Quad9 is forced to implement DNS blocking for a domain name named in the injunction which resolves to a website that is suspected of offering links to copyrighted material.

Quad9 is supported by German based Gesellschaft für Freiheitsrechte e.V. (GFF) and eco Association of the Internet Industry (eco.de) in its defense against Sony.

“If non-profit IT security projects like Quad9 must bear the costs of combating copyright infringements, they can no longer offer their services in Germany in a way that covers their costs. As a result, everyone’s IT security suffers,” explains GFF project coordinator Julia Reda.

“We view this case with Sony Music as a much bigger issue outside of Quad9’s mission to keep the Internet safe. This eventual final outcome of this ruling will set a precedent for European cybersecurity and policy,” said John Todd, Managing Director of Quad9. “This isn’t just about Quad9’s DNS recursive security capabilities; we believe it has a much broader application to a wide range of internet services, and service providers should understand the implications of either outcome of the case.”

“The German Bundestag abolished the German interferer liability for Internet access providers years ago to facilitate the operation of open WIFIs. The view of the Hamburg Regional Court, according to which DNS providers such as Quad9 cannot invoke this exemption from liability, must not be allowed to prevail under any circumstances,” says Reda.

“Since the announcement of the ruling in late June,…

Source…

Apple loses copyright suit against security startup

/in


posted December 30, 2020 at 01:00 pm

by 
AFP

A federal judge Tuesday dismissed Apple’s copyright infringement lawsuit against cybersecurity startup Corellium in a case which could have implications for researchers who find software bugs and vulnerabilities.

Judge Rodney Smith said Apple failed to show a legal basis for protecting its entire iOS operating system from security researchers.

Apple sued the Florida-based startup in 2019 claiming its “virtualization” of iOS software constituted copyright infringement.

But the judge ruled that Corellium’s work, which is designed to find security holes in the software, was “fair use” of copyrighted material.

“From the infancy of copyright protection, courts have recognized that some opportunity for fair use of copyrighted materials is necessary to fulfill copyright’s purpose of promoting ‘the progress of science and useful arts,'” Smith wrote.

“There is evidence in the record to support Corellium’s position that its product is intended for security research and, as Apple concedes, can be used for security research. Further, Apple itself would have used the product for internal testing had it successfully acquired the company.”

The ruling, if upheld, represents a victory for security researchers who could face civil or criminal penalties for reproducing copyrighted software as part of efforts to find vulnerabilities.

It also limits Apple’s efforts to exercise full control of its iPhone software and its ability to force third parties to use its proprietary security research tools.

Apple did not immediately respond to a request for comment on the case.

COMMENT DISCLAIMER: Reader comments posted on this Web site are not in any way endorsed by The Standard. Comments are views by thestandard.ph readers who exercise their right to free expression and they do not necessarily represent or reflect the position or viewpoint of…

Source…

Apple loses copyright battle against security start-up Corellium

/in


Corellium, co-founded in 2017 by husband and wife Amanda Gorton and Chris Wade, was a breakthrough in security research because it gave its customers the ability to run “virtual” iPhones on desktop computers. Corellium’s software makes it unnecessary to use physical iPhones that contain specialized software to poke and prod iOS, Apple’s mobile operating system.

The judge in the case ruled that Corellium’s creation of virtual iPhones was not a copyright violation, in part because it was designed to help improve the security for all iPhone users. Corellium wasn’t creating a competing product for consumers. Rather, it was a research tool for a comparatively small number of customers.

David L. Hecht, founder of law firm Hecht Partners and co-counsel for Corellium, said in a statement: “We are very pleased with the Court’s ruling on fair use and are proud of the strength and resolve that our clients at Corellium have displayed in this important battle. The Court affirmed the strong balance that fair use provides against the reach of copyright protection into other markets, which is a huge win for the security research industry in particular.”

Apple did not immediately respond to a request for comment. In the lawsuit, Apple argued that Corellium’s products could be dangerous if they fall into the wrong hands because security flaws discovered by Corellium could be used to hack iPhones. Apple also argued that Corellium sells its product indiscriminately, a claim Corellium denied.

Judge Rodney Smith called Apple’s argument on those claims “Puzzling, if not disingenuous.” Smith found that Corellium used a vetting process before selling its products to customers.

Apple initially attempted to acquire Corellium in 2018, according to court records. When the acquisition talks stalled, Apple sued Corellium last year, claiming its virtual iPhones, which contain only the bare-bones functions necessary for security research, constitute a violation of copyright law. Apple also alleged Corellium circumvented Apple’s security measures to create the software, thereby violating the Digital Millennium Copyright Act. That claim has not been thrown out.

“Weighing all the necessary…

Source…