I wonder if there's a way of using software licensing to bypass the issue. Consider this. What if there was a piece of encryption software where the copyright was held in the UK (i.e. not in the US). The key thing about this encryption library: it has a special license. One of its clauses says that it may not be edited, it may only be compiled by clang, may only be distributed in the form that results from a good-faith compilation under clang, and that - as a condition of use - the distributor may not implement workarounds. The US court would have no jurisdiction for ruling on the actions of the copyright owner. And Apple could defend its behaviour by saying that intellectual property law means that it is not within its rights/mandate to modify the included software.