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by modeless
913 days ago
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> the barrier to interoperability is the ability to reproduce copyrighted content This is exactly the case here. The barrier to interoperability is the ability to reproduce this obfuscated code which, crucially, serves no other purpose. Even if it would be theoretically possible to achieve interoperability otherwise by heroic reverse engineering of said code, that doesn't matter just as it didn't matter in Sega v. Accolade where that exact argument was made unsuccessfully by Sega. This is not analogous to reproducing a whole BIOS which is not obfuscated code and is used for miscellaneous purposes having nothing to do with access restriction. This is clearly fair use according to precedent. |
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Ultimately either Apple will successfully block Beeper permanently or they will DMCA them and the courts will have their say. We’ll see.