Apple doesn’t even need to do that. They can send the DOJ after Beeper.
Many people hear about a reverse entering exception in the DMCA and call it a day. But it’s not that simple.
Reverse engineering is allowed for a very narrow case, namely interoperability between two software programs (for which you have a license granting you legal permission to use), as defined in paragraph 4 of Section 103(f).
The DMCA decidedly does not permit you to use reverse engineering to package someone else's software or service and sell it.
Jurisprudence also established that EULAs that explicitly prohibit reverse engineering supersede the exception granted in the DMCA, see Bowers v. Baystate Technologies, 320 F.3d 1317 (Fed. Cir. 2003)[0]
Apple has explicitly forbidden reverse engineering in their macOS license agreement[1], the iOS license agreement[2], and the Apple Media Terms of Service[3].
Agreement with those terms is necessary to reach the parts that need reverse engineering.
There’s also the matter that the pypush repository seems to include Apple’s proprietary code, which wouldn’t fall under reverse engineering.
Worst of all, even if reverse engineering was allowed, it still doesn't allow you to connect to other people's servers. The Computer Fraud Abuse Act of 1986 explicitly prohibits unauthorized access to computer systems, and the DMCA exception doesn't supersede the CFAA.
A lot of states have criminal statutes that mirror the CFAA.
So, at this point, it wouldn’t be inconceivable for Apple to try and get the DOJ involved.
Many people hear about a reverse entering exception in the DMCA and call it a day. But it’s not that simple.
Reverse engineering is allowed for a very narrow case, namely interoperability between two software programs (for which you have a license granting you legal permission to use), as defined in paragraph 4 of Section 103(f).
The DMCA decidedly does not permit you to use reverse engineering to package someone else's software or service and sell it.
Jurisprudence also established that EULAs that explicitly prohibit reverse engineering supersede the exception granted in the DMCA, see Bowers v. Baystate Technologies, 320 F.3d 1317 (Fed. Cir. 2003)[0]
Apple has explicitly forbidden reverse engineering in their macOS license agreement[1], the iOS license agreement[2], and the Apple Media Terms of Service[3].
Agreement with those terms is necessary to reach the parts that need reverse engineering.
There’s also the matter that the pypush repository seems to include Apple’s proprietary code, which wouldn’t fall under reverse engineering.
Worst of all, even if reverse engineering was allowed, it still doesn't allow you to connect to other people's servers. The Computer Fraud Abuse Act of 1986 explicitly prohibits unauthorized access to computer systems, and the DMCA exception doesn't supersede the CFAA.
A lot of states have criminal statutes that mirror the CFAA.
So, at this point, it wouldn’t be inconceivable for Apple to try and get the DOJ involved.
0: https://law.resource.org/pub/us/case/reporter/F3/320/320.F3d...
1: https://www.apple.com/legal/sla/docs/macOSSonoma.pdf
2: https://www.apple.com/legal/sla/docs/iOS16_iPadOS16.pdf
3: https://www.apple.com/legal/internet-services/itunes/