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Probably, there are shades of grey in this sort of thing, but that’s usually for low-level employees agreeing to stuff wildly out of their responsibilities. For
by dodobirdlord 5y ago
Probably, there are shades of grey in this sort of thing, but that’s usually for low-level employees agreeing to stuff wildly out of their responsibilities. For engineers agreeing to the EULA for a service that they use as part of their job, the court will probably agree that is sufficient for this lawsuit, even if NSO has policies that notionally should have prevented the engineers from agreeing to the EULA.
Also, if they weren’t, then NSO presumably violated the Computer Fraud and Abuse Act by accessing Apple’s services and systems without prior permission. Maybe that nixes Apple’s jurisdiction argument for this lawsuit, but Apple can also sue for criminal damages, and is presumably entitled to do so in their home jurisdiction since that’s where they exist and so that’s where they suffered the damages. And I think Apple notes this also in the lawsuit.