I’m curious to know if this tech requires spoofing an iPhone or otherwise falsely representing to Apple’s servers that the Android device is an iPhone. If so, I would be looking at the CFAA more than the DMCA.
The only avenue that is untested is based on Terms of Service.
I did a OSS WhatsApp reverse engineering project and got a C&D from 800 billion dollar Meta's lawyers all based on violation of their Terms of Service.
As far as I'm aware, there's no precedent for interop against ToS.
Way outside my area of experience, but Van Buren itself doesn’t appear to address this issue. I was thinking more in terms of Apple framing a claim based on access through an act of fraud.
I've been told by a C-level exec at a similar company (but relating to banking) that citing Van Buren against CFAA claims gets the claimant's lawyers to back all the way off.
