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Technology
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They'll win if they file legal action. Their servers are not a public service and they offer no invitation for Beeper to use them for compute. A podcast app developer likened it to if a competing app tried to use his servers to sync podcast subscriptions. When you frame it as anything other than a big corporation stomping on a smaller company, it's obviously stealing resources. I am not endorsing either side. Just stating a fact.
Beeper did mention the DMCA protection on reverse engineering.
That being said regardles if beeper wins or looses. If apple sues and at the same time breaks beeper mini they could run into financial trouble very quickly.