Apple iOS Emulator Case Probes Fair Use Factors During Argument

An Eleventh Circuit panel on Wednesday grappled with how copyright law’s four fair use factors apply to a dispute between Apple Inc. and a company that creates an emulator of Apple’s iOS iPhone operating system.

An attorney for Apple, which lost its copyright infringement claims against Corellium Inc. in the Southern District of Florida, said at oral argument that Corellium sells complete, working copies of Apple’s software without permission, which makes it a market substitute.

But Corellium said its product, called CORSEC, is primarily used by researchers, federal agencies, and defense contractors to identify security flaws, which falls within the ...