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Setting aside the glittering rhetoric of the press release for a moment... Apple's specific claims are that posting disassemblies from their binaries (specific
by GHFigs 18y ago
Setting aside the glittering rhetoric of the press release for a moment...
Apple's specific claims are that posting disassemblies from their binaries (specifically, the memcpy() from the FairPlay DRM library) constitutes both circumvention of their DRM and infringement of their copyright on that code.
It is hard to argue that the former is not covered by the DMCA. The EFF has chosen the strange route of hammering on about the unencrypted iTunesDB file, as if Apple were claiming that it was the content that FairPlay is meant to protect. It's arguing intent vs. content. The intent might have been to reverse engineer the iTunesDB file, but the content that Apple is complaining about is relevant FairPlay.
The latter part is important as the DMCA's exception for reverse engineering, 1201(f), is only applicable if you don't infringe on copyright in the process. Here, the EFF is arguing fair use and de minimis. Without knowing how much code was posted (the letter from Apple's lawyer says "nearly nine pages", while the EFF's says "snippets"), it's hard to say what luck they'll have with that.