US senators have urged the DOJ to probe Apple’s alleged anti-competitive conduct against Beeper.

  • btmoo@lemmy.world
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    11 months ago

    It’s not a public API. Hacking someone’s private API is already against law - charging $$ for it moreso.

      • Evilcoleslaw@lemmy.world
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        11 months ago

        Reverse engineering it is not, sure. And Beeper could do that and run their own messaging service with their own infrastructure running their reverse engineered version.

          • btmoo@lemmy.world
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            11 months ago

            That’s not what they’re doing. They’re using Apple’s version for free. They’re also encouring their users to violate their terms of service agreements with Apple en-masse.

    • Lutra@lemmy.world
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      11 months ago

      Ah, common misconception - hacking an API != creating a compatible program. ( reverse engineering)

      Imagine a drill company has a special shape for its bits. Our law allows someone else to either… make bits that can fit in that shape OR make their own drill that can accept those bits.

      “BUT they copied!” - it doesn’t have to be a copy to be compatible, and they don’t even have to use the ‘special shape’ just be able to work with the special shape. The law does not allow for protections around that. Doing so would be by definition anti-competitive. Our anti competition laws or rather our IP protection laws are not intended in any way to ‘ensure a monopoly’. The IP laws give a person a right to either keep something they do secret OR share that knowledge with the world so we all benefit, in exchange for a very limited monopoly.

      Practically speaking, If I got the KFC Colonel to give me the list of 11 herbs and spices in a Poker game, and then started making my own delicious poultry that is totally cool. Likewise, If I figured out that all that was inside a Threadripper was blue smoke and started making my own blue smoke chips, the law is ok with that.

      In this case roughly, Having a public facing endpoint. And then saying that the public can access that endpoint is cool Saying that only the public using the code I alone gave them – well… that’s not been litigated a lot, but all signs point to no.

      It’s like Bing saying its for Safari only, and suing people who accessed it using Chrome. It is a logical claim, but the law does not provide that kind of protection/enforcement.


      tl;dr these concepts are old but being newly applied to fancy technology. The laws in place are clear in most cases. A car maker can not dictate what you put in the tank. FedEX and UPS can’t charge you differently for shipping fiction books or medical journals or self published stories. And they’d probably get anti-trust scrutiny they even told you what brand/style of boxes you had to use.

      • jon@lemmy.tf
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        11 months ago

        That counts as unauthorized access in the eyes of the law. It’s a private system and they did not have any agreements permitting them to use it as they wanted.

        • mark3748@sh.itjust.works
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          11 months ago

          Quite literally the text of the Computer Fraud and Abuse act. Unauthorized access of computer systems can get you 20-years at club fed. Seems like some of these people need a history lesson.

          • loki@lemmy.ml
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            11 months ago

            Apple reverse-engineered Office to release iWork. So Apple isn’t new to reverse-engineering others proprietary shit when it benefits them. something, something, history lesson, hmm…

            I don’t know laws in the US but my limited understanding in the case of Beeper is that its users are the ones that grant themselves unauthorized access to the Apple servers. Beeper is a tool that packages pypush to accomplish it. So Apple should sue all the Beeper users?

            As an example, there are tons of tools to exploit vulnerable systems in Linux. Metasploit is a penetration testing software and can execute exploits on old unpatched systems. I don’t think anyone is suing Metasploit developers for Computer Fraud and Abuse aCt. The users who use it are responsible for the access of unauthorized services and broken ToS.

            If Apple thinks Beeper users are exploiting its servers, they should patch them (which they did).

            Beeper did try to monetize it, so i’m not sure how it fairs but Beeper is not forcing anyone to gain unauthorized access. Beeper even welcomed Apple to audit Beeper mini code.

            And I’m sure Beeper has a legal team that analyzed these scenarios better than anyone of us. And Apple has sued companies for less. They’d have done it the moment the app landed on appstore. They could have crushed it before gaining any attention.

            Again, I have no idea how legal it is. I have both Apple and android devices and never use iMessage. But you gotta hand it to Beeper devs. That’s some old school hacker shit and I’m here for it.

            I guess we’ll have to wait and see.

            • mark3748@sh.itjust.works
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              11 months ago

              These are separate issues and it’s a very complex set of issues. Reverse engineering is generally “okay” as long as you aren’t directly copying code, because you’ll run afoul of copyright laws. That doesn’t grant them the rights to access anyone else’s computer systems without authorization.

              Tools that can be used maliciously are generally allowed because they have legitimate uses, using them to gain access or otherwise harm a computer system or network without authorization is criminal. You keep mentioning “suing” but this is not a civil issue, violating the CFAA is a crime.

              Aaron Swartz got supremely fucked for writing a script that downloaded files he legally could access but technically was unauthorized because he accessed them in a way the corporation didn’t like.

              • loki@lemmy.ml
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                11 months ago

                I don’t think you see the difference, Aaron was downloading the data off of MIT servers himself, he was not facing charges for writing the scripts.

                From your link:

                The Justice Department’s press release announcing Aaron’s indictment suggests the true motivation for pursuing the case was that Aaron downloaded academic literature from JSTOR and planned to make it available to the public for free as a political statement about access to knowledge.

                .

                Tools that can be used maliciously are generally allowed because they have legitimate uses, using them to gain access or otherwise harm a computer system or network without authorization is criminal.

                As I said before, Beeper users are gaining unauthorized access, not Beeper. It is E2EE, they’re not the middleman.

    • ben@lemmy.zip
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      11 months ago

      Genuinely curious, what’s the law against reverse engineering an API? I can maybe see the argument for charging for the service, but beeper mini is planning to integrate other services as well so I don’t know if that’ll really hold water.

      • Evilcoleslaw@lemmy.world
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        11 months ago

        They can reverse engineer it and run it as their own service with their own infrastructure. But that doesn’t mean they can then start accessing Apple’s implementation and using Apple’s resources without permission.

        • ben@lemmy.zip
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          11 months ago

          If they function identically to a normal client though what’s the issue? As an example Google indexes pages all over the web without the explicit permission of those websites, that requires them to read the page and make requests to someone else’s infrastructure.

          What part exactly here is illegal?

          • Evilcoleslaw@lemmy.world
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            11 months ago

            The websites in question getting crawled and indexed are generally open and available for anyone to browse. There are parts of the web that are gated off and require authentication and authorization to access. Imagine now that Google found a way to authenticate as you with your bank’s website and index your online banking portal. (It’s not a perfect analogy to what’s happening with Beeper, but I’m just using the one you laid out.)

            In a similar way, iMessage as a service requires authentication and authorization to use. It is not open for anyone to use. Beeper is doing something to spoof or otherwise fool Apple into giving the client access. This is the part that’s illegal. And potentially not just “file a lawsuit” illegal but criminally so.

            It doesn’t really matter why Apple doesn’t want Beeper or anyone else to use it. The fact that they simply don’t is all that matters.

        • LinuxSBC@lemm.ee
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          11 months ago

          What do you think an API is? They have reverse engineered the iMessage API and are using that to connect to the iMessage servers. It is literally impossible to do as you suggest (use entirely their own resources) because iMessage is centralized and cannot federate with any other server, even if one did exist.

          • paraphrand@lemmy.world
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            11 months ago

            They are saying they could run their own competing iMessage.

            Of course that’s not Beeper’s goal. But in this conversation, that was the point being made.

          • Evilcoleslaw@lemmy.world
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            11 months ago

            They have reverse engineered the iMessage API

            Yes, this part is legal and fine.

            and are using that to connect to the iMessage servers.

            This is not allowed because Apple doesn’t want to allow it. They own the infrastructure serving the API, they get to determine who is authorized to use it. They can block whoever they want. And technically speaking, using it in an unauthorized manner could even rise to the level of a criminal violation of the CFAA.

            It is literally impossible to do as you suggest (use entirely their own resources) because iMessage is centralized and cannot federate with any other server, even if one did exist.

            Partially correct. It is not impossible to do as I suggested, because I never suggested that they should have interoperability with iMessage.