[DCapple]

Former Beatles and their heirs is dragging Apple to court over the iTunes Music Store, in the latest episode of one of the longest-running battles in the history of British corporate law.

what the...... i thought that this is already settled???
can anyone enlighten me....

[abe]

Originally Posted by DCapple

Former Beatles and their heirs is dragging Apple to court over the iTunes Music Store, in the latest episode of one of the longest-running battles in the history of British corporate law.

what the...... i thought that this is already settled???
can anyone enlighten me....

The latest info I see here is kinda dated. Is there something you've recently heard which suggests a new development? Or are you referring to information which may be really old but you haven't yet become aware of?

I think there may be a MacNN lounge thread on it. Have you tried doing a search?

EDIT: Ooops! It was on the MacNN front page! Sorry!

Apple vs. Apple goes to court this week

Apple is going to court this week to fight a lawsuit over its logo. Apple Corps, owned by the former Beatles and their heirs, is suing the Cupertino-based computer company for breaching a $26 million settlement in 1991-- under which Apple Computer agreed to steer clear of the music business, according to The Times. In that settlement, Apple Corps was awarded rights to the name on “creative works whose principal content is music” while Apple Computer was allowed “goods and services . . . used to reproduce, run, play or otherwise deliver such content." The report notes that agreement also prevented Apple from distributing content on physical media: "Critically, however, the agreement prevented Apple Computer from distributing content on physical media. This was designed to cover CDs and tapes, but it is unclear whether it included later inventions such as digital music files or devices used to play them."

Apple Computer will argue that its immensely popular iTunes Music Store is a data transmission service to fight the prospect of damages that could approach tens of millions of pounds, according to the report. It could also argue that it uses the 'iTunes' moniker to brand the music service and that its iPod is simply a data storage device. Scheduled to begin on Wednesday in London's High Court of Justice, it will be the third time the companies have met over use of the Apple logo. The case has been pending since Apple Corps brought the current lawsuit in 2003. Originally, Apple Corps sued Apple Computer in 1981 over the use of its logo and won a $80,000 settlement, which included a promise to stay out of the music business. However, Apple in 1989 introduced a music-making program that forced the companies to more clearly outline the scope of the initial agreement, prompting the aforementioned $26 million settlement, which Apple Corps now claims Apple Computer has violated.

[ghporter]

Apple Computers agreed to not sell music in their settlement with Apple Corps. Now, Apple Computers is making a tidy sum with ITMS doing just that. They should have made some sort of agreement with this particular record company well in advance...

[brassplayersrock²]

i can hear it now
Apple Computers "we are not selling music, we are selling digital data. true it is called the itunes music store, but were selling digital data, not music"

lame i know, but thats what i thought of a work around for apple computer

[BRussell]

This article has this to say:

Apple Corps was awarded rights to the name on “creative works whose principal content is music” while Apple Computer was allowed “goods and services . . . used to reproduce, run, play or otherwise deliver such content”.

Critically, however, the agreement prevented Apple Computer from distributing content on physical media. This was designed to cover CDs and tapes, but it is unclear whether it included later inventions such as digital music files or devices used to play them.

I hope it works out and Apple can start offering Beatles music. Perhaps Apple will just spin off their music business.

[BRussell]

Here's a link that has large parts of the agreement between Apple Corps and Apple Computer.

It sure looks to me like Apple Corps' domain is meant to be "the record business" and "any current or future creative works whose principal content is music and/or musical performances; regardless of the means by which those works are recorded, or communicated, whether tangible or intangible."

On the other hand, there's an exception:

""The parties acknowledge that certain goods and services within the Apple Computer Field of Use are capable of delivering content within the Apple Corps Field of Use. In such case, even though Apple Corps shall have the exclusive right to use or authorise others to use the Apple Corps Marks on or in connection with content within subsection 1.3(i) or (ii), Apple Computer shall have the exclusive right to use or authorise others to use the Apple Computer Marks on or in connection with goods or services within subsection 1.2 (such as software, hardware or broadcasting services) used to reproduce, run, play or otherwise deliver such content provided it shall not use or authorise others to use the Apple Computer Marks on or in connection with physical media delivering pre-recorded content within subsection 1.3(i) or (ii) (such as a compact disc of the Rolling Stones music)."

It seems pretty clear in saying that Apple Computer can "deliver content" as long as they don't do it on "physical media" "such as a compact disc."

[wdlove]

The Beatles should just be quiet and continue to earn money off the dead. I'm sure that there is a compromise somewhere.

[DCapple]

now i understand....

thanks for the info guys!!!

[JoshuaZ]

I still maintain that no one will ever, ever ever ever, get Apple Computer confused with Apple Recording. Silly name games.

[stevesnj]

I think Apple Computer is in serious doo doo with this one!

[ironknee]

i think of it as a badge of honor...beatles suing gateway? dell? bleah

it just fits...it's cool

now one possible outcome could be that apple and apple agree on a $ settlement (maybe $100 milion and up) BUT also

an arangement for itunes to sell beatles music exclusively. too wild? remember we have steve this time around.

[TailsToo]

Originally Posted by stevesnj

I think Apple Computer is in serious doo doo with this one!

I think you're right too... not good for Apple!

[DCapple]

as far as i understand i think Apple Corporation just wants a piece of Apple Computer..

[Eriamjh]

iTunes is SOOOOO recognized, Apple should drop the Apple name from iTunes and just form an iTunes Corporation.

And based on what's posted above, Apple Corps blew it when they defined "music" as physical media.

Score one for Apple Computer. Stay tuned for the results!