It's a virtual world nowadays. "Provided" does not have to mean "custody." Indeed, the order specifically allows Apple to retain custody of the phone throughout the duration.
If the judge was insistent that the FBI be given physical custody of the software, why would she let Apple inc keep the phone?
People keep trying to read stuff in to the order that is not really within the spirit of the order.
I do admit that Apple needs to use their legal staff to file a motion for the judge to further clarify the order so as to explicitly protect Apple's Intellectual Property rights, but that is a simple thing for them to do.
"Provided" has never, ever meant "custody", DiogenesLamp. It is not even a synonym of "custody".
Now, you want to alter ENGLISH to your own "DiogneseLamp's Dictionary of Delusional Definitions of Common English Words2016 Revised Edition"
pro·vid·ing
prəˈvīdiNGconjunction
conjunction: providing on the condition or understanding that.
"we have the team that can win the championship, providing we avoid bad injuries"provvide
prəˈvīd
verb
gerund or present participle: providing
1. make available for use; supply.
"these clubs provide a much appreciated service for this area"synonyms: supply, give, issue, furnish, come up with, dispense, bestow, impart, produce, yield, bring forth, bear, deliver, donate, contribute, pledge, advance, spare, part with, allocate, distribute, allot, put up;
antonyms: refuse, withhold
1a. equip or supply someone with (something useful or necessary).
"we were provided with a map of the area"synonyms: equip, furnish, issue, supply, outfit;
antonyms: deprive
1b. present or yield (something useful).
"neither will provide answers to these problems"synonyms: make available, present, offer, afford, give, add, bring, yield, 1c. impart
"the test may provide the answer"2. make adequate preparation for (a possible event).
"new qualifications must provide for changes in technology"synonyms: prepare, allow, make provision, be prepared, arrange, get ready, plan, cater
"we have provided for further restructuring"2a. supply sufficient money to ensure the maintenance of (someone).
"Emma was handsomely provided for in Frank's will"synonyms: feed, nurture, nourish;
antonyms: neglect
2b. (of a law) enable or allow (something to be done).
3. stipulate in a will or other legal document.
"the order should be varied to provide that there would be no contact with the father"synonyms: stipulate, lay down, make it a condition, require, order, ordain, demand, prescribe, state, specify
"the legislation provides that factories must be kept clean"4. CHRISTIAN CHURCH historical appoint an incumbent to (a benefice).
Origin
late Middle English (also in the sense prepare to do, get ready): from Latin providers foresee, attend to, from pro- before + voider to see.
NOWHERE in the definition of Providing or Provide, its root, do you find "CUSTODY", you delusional cretan.
People keep trying to read stuff in to the order that is not really within the spirit of the order.
YOU, sir, are the prime offender.
We have fallen through the looking glass and we are now in Wonderland.