

IPhone Owners Demand To See Apple Source Code - cwan
http://apple.slashdot.org/story/09/11/20/2022250/iPhone-Owners-Demand-To-See-Apple-Source-Code

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tptacek
These aren't "iPhone owners" in general; they're plaintiffs in an obscure
civil claim against Apple involving a very broad antitrust argument about
Apple's relationship with AT&T. They're not arguing iPhone users are entitled
to source code, but rather attempting to do some kind of legal discovery.

They appear unlikely to succeed: judges have lots of latitude to protect trade
secrets during discovery, and Apple certainly has these people outgunned 100-1
on the legal front. In the incredibly unlikely scenario in which the
plaintiffs do get some redacted access to source code, it won't matter to us,
because they'll never be able to talk about it ever again.

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chaosprophet
I'm surprised Apple agreed to show the source code in the first place. If I'm
not mistaken the software on the iPhone is licensed and not sold, so end-users
would have no right to the source code, right???

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rodyancy
From what I read, Apple isn't agreeing to, they may be compelled to by the
judge. You are correct, apple isn't selling users the software on the devices,
they are licensing it, and the terms of that license likely stipulates that
users have no right to the code (I don't know for sure, because I've never
read the license, even as I type this from my iPhone).

In this case the license isn't the issue. The court isn't bound by the
license, and if it deems it necessary for evidentiary purposes, over and above
any objections Apple raises, then it will order Apple to turn over the code.

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tptacek
If you Google "trade secrets discovery", you'll find that courts appear to
tend to defer to trade secret holders, and that there are numerous
alternatives available to the court besides revealing trade secrets to satisfy
discovery claims.

I am guessing that these guys:

    
    
      http://www.hoffmanandlazear.com/
    

who represent the plaintiffs, who are asking for "not less than 600 million
dollars" for having their hacked iPhones bricked, are going to lose to Apple's
lawyers in High Comedic Fashion.

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rodyancy
I'm inclined to agree. Trade secret would be one of the compelling objections
I left room for in my my comment.

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erikb85
please don't link to secondary sources! The real article about that topic is
quite interesting. Read it here:
[http://www.computerworld.com/s/article/9141222/iPhone_owners...](http://www.computerworld.com/s/article/9141222/iPhone_owners_demand_to_see_Apple_source_code)

