3 ms·
Beeper isn’t using Apple services (at least not in Beeper Mini, their new e2ee iMessage client), and thus is not subject to any Terms of Service from Apple. Th
by sneak 3y ago
Beeper isn’t using Apple services (at least not in Beeper Mini, their new e2ee iMessage client), and thus is not subject to any Terms of Service from Apple.
They’re publishing client software, which is protected expression provided it’s original and doesn’t infringe any trademarks or copyrights.
The end users are the ones potentially violating the ToS by connecting to Apple APIs.
Apple has no basis to tell Beeper to cease and desist from the publication of software that it is legal to publish.
- mongol 3y agoBut as part of developing the application? Can they realistically do that without violating ToS?
- IshKebab 3y agoSomeone said they are embedding Apple binaries for crypto stuff. Clear copyright infringement if so.
- crazysim 3y agoThey might argue that this is like the inclusion of the Gameboy logo to boot a Gameboy game.
- sneak 3y agoOnly in the open source example PoC, not in the proprietary/closed source Beeper Mini. (They are not the same.) That would be a clear and avoidable error and would get them shut down instantly.
- jcheng 3y agoThat sounds a lot like the P2P file sharing companies' argument that didn't hold up in court: https://en.wikipedia.org/wiki/MGM_Studios,_Inc._v._Grokster,_Ltd https://en.wikipedia.org/wiki/MGM_Studios,_Inc._v._Grokster,....
- ehsankia 3y agoI believe that reverse engineering for the purpose of interop is different and has been found to be fair use by the courts.
- clwg 3y agoThey could take it the other way and start suspending accounts that use a spoofed device id. For me that's my main hesitation, I don't want to have my apple accounts suspended for violation of ToS.