Government says Apple licenses iOS, it doesn't sell it

Government says Apple licenses iOS, it doesn't sell it
According to the government, you don't own the software inside your iPhone or iPad. This came up during a recent legal tussle involving the Department of Justice. The DOJ is trying to get Apple to crack encrypted code inside an iPhone that is part of a court case. Apple says that not only does it not have to do this, it claims that it doesn't have the technical prowess to do so.

Apple's statement that it does not have to do the DOJ's bidding was basically shot down by Justice Department lawyers that claim Apple does not sell you iOS, it licenses it to you. The distinction is important in this case, because with the latter, Apple still owns the copy of iOS in your iPhone. This means that the DOJ can request that Apple decrypt it. If Apple were to sell iOS to you with the purchase of an iPhone, the software would belong to you and the government couldn't force you to let them see it.

This could be a pretty important ruling for future criminal proceedings where the government contends that damaging evidence is stored on the software inside a smartphone. By the way, the phone in the case is an Apple iPhone 5s, and Apple claims that breaking into the phone to fetch the evidence could "tarnish the Apple brand." According to the government's filing, Apple also doesn't want to assist the government because of the time and money involved in doing so. The DOJ says that these costs are minor compared to the profits that Apple has made selling the iPhone over the years. The filing states that Apple has no legal grounds for not helping the government with this matter.

The DOJ has asked for an expedited ruling so that it can force Apple to fetch the information from the specific iPhone in time for the trial, which is scheduled to begin on November 16th.

Thanks for the tip!

source: boingboing

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78 Comments

79. Michael.Parker

Posts: 273; Member since: Aug 22, 2015

Don't think law would(should) pass on the EU because the law says you can legally root/jailbreak and modify without losing warranty because the entire phone belongs to the owner and Apple only provides the services.

73. Chuck007

Posts: 1422; Member since: Mar 02, 2014

Don't get me wrong I love Americans but the world is letting the US government get away from too much crap. Not only something as "trivial" as this but if they were any other country they would've been answering for their crimes by now.

62. HighOnAndroidFTW

Posts: 185; Member since: Apr 26, 2015

Apple doesn't sell the software only licenses it to the customer, sounds just like them...

69. hound.master

Posts: 1044; Member since: Feb 27, 2015

Actually no one sales their OS on mobile devices.

85. TechieXP1969

Posts: 14967; Member since: Sep 25, 2013

Or any computer.

61. HighOnAndroidFTW

Posts: 185; Member since: Apr 26, 2015

This should be interesting to see how this case proceeds..

58. Hexa-core

Posts: 2131; Member since: Aug 11, 2015

Quite ludicrous!

71. discharge unregistered

Good truth hurts like a b.tch!!

57. discharge unregistered

Hey darrk your BF alik is looking for you here!!

45. Arch_Fiend

Posts: 3951; Member since: Oct 03, 2015

Why Not Help Catch A Criminal. Spy Agencies Already Bug Phones Anyway So I Don't See Why They Don't Just Help.

47. ibend

Posts: 6747; Member since: Sep 30, 2014

because personal privacy is more important than catching criminal, terorist, drug smuggling, and whatsoever but i guess they'll help in some more spesific court case

48. Arch_Fiend

Posts: 3951; Member since: Oct 03, 2015

LOL Apple Logic.

34. Elfmonster unregistered

Fapple

33. TezzaBP

Posts: 274; Member since: May 18, 2015

While i'm not an iPhone guy myself, what does this mean for places like the UK?

30. mixedfish

Posts: 1574; Member since: Nov 17, 2013

What's surprising? You never own software you buy, has been like this for decades and it makes perfect sense.

43. hound.master

Posts: 1044; Member since: Feb 27, 2015

Actually you don't buy IOS or Android or any mobile OS.

27. promise7

Posts: 894; Member since: Jul 03, 2013

I don't understand the DOJ's reasoning for this. When you buy Windows OS for your desktop PC or when you buy a desktop with Windows OS installed on it do you not own it afterwards? Why is this any different?

39. Plutonium239

Posts: 1263; Member since: Mar 17, 2015

Windows is different, you pay for it. Afterwards it belongs to you on your device, I'm not sure about Windows Phone or Windows 10 Mobile, however.

84. TechieXP1969

Posts: 14967; Member since: Sep 25, 2013

How exactly is Windows different? When you buy a PC with Windows on it, you again own the hardware. You pay for a license to use Windows. YOU NEVER OWN WINDOWS. Even if you go an buy Windows directly in a box off the shelf, you still don't own it. Windows is own by Microsoft Incorporated...PERIOD. In fact I would say, you enever own any software you buy. You simply are purchasing a license for your sole use of the product under outlines terms and conditions. if it was YOURS after buying, you would have source code and the right to make whatever change you like. I don't know any software that allows this..if you didn't make it.

25. Faraday

Posts: 1; Member since: Oct 23, 2015

They most likely have the technology to crack into the phone and already know what is on the phone but cannot use it in a court of law. They want to show that they got the information legally.

23. yyuu1000

Posts: 260; Member since: Jul 26, 2012

If I buy the phone I own everything about it

16. willard12 unregistered

I'm guessing the government got the idea to use this argument from a company that doesn't sell you music, but licenses it to you. http://www.phonearena.com/news/Bruce-Willis-might-sue-Apple-his-girls-cant-inherit-his-iTunes-collection_id34002

14. discharge unregistered

Oh darrk where are you?? Lol lol

12. 99nights

Posts: 1152; Member since: Mar 10, 2015

Brutal.

10. AstronautJones

Posts: 305; Member since: Aug 01, 2012

So, Microsoft licenses the Windows OS on government computers, and has the right to access them whenever they feel like it? So Apple has the right to access the DOJ prosecution iPhones as well? DOJ doesnt own the phone OS, only licensed it!

22. elitewolverine

Posts: 5192; Member since: Oct 28, 2013

Yes. However, in the terms they only have access to it for use of development of the OS. Meaning they promise to only have access via the needs necessary to protect their own interest. However Google has all rights to all the files you store on Drive. They can use said files in any marketing, anything they so see fit without even noticing you about it. This includes commercial ads.

29. willard12 unregistered

No, they can't. "We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect Google and our users. We also use this information to offer you tailored content - like giving you more relevant search results and ads. We will ask for your CONSENT before using information for a purpose other than those that are set out in this Privacy Policy."

42. hound.master

Posts: 1044; Member since: Feb 27, 2015

Yeah and someone been jailed for cp because Google found co pics he send using Gmail bit gonna say it's good or bad but Google have no right to access them without he's permission and technically Google it's not protecting its users. In another case for example search porn in Google and it shows you porn pics videos and sites search the same in Bing it won't give you anything unless you turn the safe setting on so how is Google protecting its users really it won't even have a f**king safe search.

44. elitewolverine

Posts: 5192; Member since: Oct 28, 2013

Try again to read their services: "When you upload, submit, store, send or receive content to or through our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services (for example, for a business listing you have added to Google Maps). Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services." Lets pick out the part that I was referring to... "When you upload, submit, store, send or receive content to or through our Services, you give Google (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content." Publish, publicly display, modify, create derivative works, etc etc etc. So yes they can.

49. willard12 unregistered

"As our Terms of Service make clear, "what belongs to you stays yours." You own your files and control their sharing, plain and simple. Our Terms of Service enable us to give you the services you want — so if you decide to share a document with someone, or open it on a different device, you can." - Google "Can Google sniff around individual users Drive folders and use their images as the background on google.com? Well, no. Not only would that be insane corporate suicide, but that sort of behavior is forbidden by the Google privacy policy, " - The Verge http://www.phonearena.com/news/Government-says-Apple-licenses-iOS-it-doesnt-sell-it_id75047

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