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Beatles vs Apple

loid_void writes "Beatles fan Steve Jobs could lose a large bite of his Apple to his idols, says a report in Forbes. The Beatles' company, Apple Corps., is involved in a legal battle with Jobs' Apple Computer, claiming the hardware manufacturer is in breach of a 1991 agreement that that forbids it from using the trademark for any application "whose principle content is music." The two companies have been involved in a number of court battles over the years involving the use of the Apple trademark." Good summary of all the wacky misadventure the two mega corporations have had.

122 of 496 comments (clear)

  1. Buy Them Out by Oculus+Habent · · Score: 5, Insightful

    They've jot $4 billion in cash. If they were rumors about purchasing all of Vivendi Universal Music for the same amount, why don't they just freaking buy them. You don't even have to buy them out; just buy a significant interest in the company to shut them up. "Here's a $250 million investment. Let's forget this." It's better than a settlement; it's a resolution.

    --
    That what was all this school was for... to teach us how to solve our own problems. -- janeowit
    1. Re:Buy Them Out by shotfeel · · Score: 5, Insightful

      From the article:

      Despite splitting in 1970, the Beatles interests are still administered by Apple Corps., which is owned by McCartney, Ringo Starr and the families of John Lennon and George Harrison.

      Bdfore you can buy them, they have to be willing to sell. I don't know if that's the case here -I'm reasonably sure McCartney et al. want to keep control of their music. That's a problem for Apple Computer.

    2. Re:Buy Them Out by dpilot · · Score: 2, Insightful

      I'm sure Vivendi doesn't want Apple Computer to get out of this simply. The iPod and iTunes are a threat to their business model, and I'm sure they would like to see both just go away. Never mind that others have the same concept, let's squash this one. Next...

      --
      The living have better things to do than to continue hating the dead.
    3. Re:Buy Them Out by DrEldarion · · Score: 4, Informative

      Well, they don't have control over a bunch of their music to begin with...

    4. Re:Buy Them Out by Scudsucker · · Score: 3, Funny

      Buy nonvoting shares?

    5. Re:Buy Them Out by djtripp · · Score: 3, Insightful
      The rumors about buying Vivendi was actually Apple talking to Vivendi to get them to buy into iTunes Music Store. What Apple Corps (Beatles) is doing now is borarder line extotion. Aparently they took the sound "Sosumi" to heart, and did.

      I don't know anyone who thinks Apple and the Beatles are related. I think Apple also had to pay licensing to McIntosh (Arguably the best sound system on the market, but lets not get into that, their stuff is amazing, and ironically, very expensive, and high quality) to use Macintosh.

      It just ridiculous.

      --
      "This is you left and that's your left. This is your right and that's your right. You're gonna die!
    6. Re:Buy Them Out by evslin · · Score: 5, Insightful

      Not knowing anyone who thinks the Beatles and Apple are related doesn't mean anything. A deal was struck between Apple Corp and Apple Computer, and Apple Computer broke it - no extortion involved.

    7. Re:Buy Them Out by johnnyb · · Score: 3, Funny

      So, you could say that the Beatles are helping Michael Jackson get out of jail?

    8. Re:Buy Them Out by cob666 · · Score: 5, Informative

      >Well, they don't have control Not ENTIRELY true. While Jackson/Sony do own the publishing rights to the Beatles catalog (Northern Songs Ltd), The Beatles (Apple Corps and I believe EMI) still retain the recorded rights. Which translates to Apple Corps getting money for every Beatles item (albums, authorized merchandise, ...) So, Apple Computers would still indeed need to make friendly with Apple Corps (and NOT Jackson) to sell the music catalog.

      --
      Do what thou wilt shall be the whole of the Law - Aleister Crowley
    9. Re:Buy Them Out by gamgee5273 · · Score: 2, Insightful
      (BTW, post #1000 for me. Whoo-hoo!)

      Speaking as a Beatles fan and an Apple fan, I really don't think a settlement like the one described in the article would be a bad thing.

      Paul McCartney on Apple's board? One of the biggest names in music history from the last 40 years on Apple's side? Not a bad idea, not a bad idea at all. Beatles tracks as iTunes exclusives? Definitely not a bad idea.

      It comes down to the fact that Apple did break the agreement. They may have done it purposefully once they knew they weren't getting the Beatles' tracks on the iTMS - to see what they could get Apple Corps to do.

      Even if Paul, Ringo and the estates of John and George got some shares out of the settlement I really don't think this would be a bad thing and it may actually help Apple move into the Sony-type space that Jobs has been positioning it to go to for a while.

    10. Re:Buy Them Out by CarrionBird · · Score: 2, Insightful
      But was it a voluntary deal?

      Plenty of people strike "deals" at the point of a legal gun.

      --
      Free Mac Mini Yeah, it's
    11. Re:Buy Them Out by the_2nd_coming · · Score: 2, Funny

      another great deal brought to you by the same moron who brought Apple that great GUI licensing deal they had with MS.

      good job

      --



      I am the Alpha and the Omega-3
    12. Re:Buy Them Out by teal · · Score: 2, Funny

      And all of this sputtering vile has nothing to do with the issue at hand. An agreement was signed and is binding. Oh, I guess if you have enough fanatic followers you can pick and choose which legal contracts you honor. This is so typical of someone like Steve Jobs who thinks he's above such mundane things as the law. Geez, this law suit couldn't have come as a suprise to anyone.

    13. Re:Buy Them Out by MoonBuggy · · Score: 4, Insightful

      I'm suprised that Apple (computers) are bothering to fight this actually - they clearly wrong, so sell music under the brand of 'iTunes' and be done with it; no rebranding needed since the music already comes from the iTunes program. Seems easy enough, unless I'm being really dumb here.

    14. Re:Buy Them Out by BlackStar · · Score: 3, Funny
      It's not that obvious, and they CAN win it. Apple has gone to great lengths to not actively associate the Apple name with iTMS, iTunes and iPod. They have done a great deal to try and get those brands to stand on their own and not leverage the Apple brand in the identity. Now it's also obvious to most people with a functioning brain stem that Apple owns them all and runs them all, but the point is the trademark infringement.

      For that matter, who associates Apple with the Beatles? The Beatles brands stands on its own as well. I think the whole issue is a load of crap, and Apple has reasonably and legitimately upheld its part of the agreement. It's not the Apple Music Store, the Apple iTunes Music store or anything like that.

    15. Re:Buy Them Out by Bones3D_mac · · Score: 2, Informative

      It comes down to the fact that Apple did break the agreement. They may have done it purposefully once they knew they weren't getting the Beatles' tracks on the iTMS - to see what they could get Apple Corps to do

      This goes back way farther than that. The Apple IIgs and the Mac itself came under fire from Apple Corps simply by having sound systems advanced enough to play music with. It just escalated from there as more technologies, like QuickTime, were piled on.

      --


      8==8 Bones 8==8
    16. Re:Buy Them Out by dasmegabyte · · Score: 3, Insightful

      Your post would be true if the dispute were over a business, and not over a name. Apple isn't using their business trademark to market their iTunes Music Store, not are they using the logo. They've been very careful to maintain the separation...if you go to the iTunes marketing page or the iTunes store itself, the Apple logo is nowhere to be seen -- except on links to their main page or on computer equipment.

      It's an essential difference...it's a different functional arm of a larger company, the way NBC is a part of GE or Nullsoft is a part of AOL. Therefore, the issue in dispute is not whether Apple is wrong to have a music arm, but whether they did a good enough job abstracting said service from the name Apple to have there be little room for confusion between the two.

      Incidentally, if Apple Corps. wanted to make computers and call them "The Beatle Computer," with no Apple logo on it, I'm sure that would be fine. We'll see if the courts agree.

      --
      Hey freaks: now you're ju
    17. Re:Buy Them Out by Brownian+Motion · · Score: 3, Interesting

      The Beatles don't own all their music.

      Sony and Michael Jackson own some of it.

      But, too bad Sony didn't take Jobs up on his offer (and maybe this suit had something to do with him making the offer).

      If the Beatles won't take money...they MIGHT take their own music back. If Jobs could get Jackson and Sony to sell the music to Apple....they could give it to Apple Records in return for settling the suit.

      In the end it comes down to $$, but I don't think money alone (or maybe it'd take a bunch of money) would liberate the Beatles music.

      But, having McCarthy on the board of Apple woudn't be bad. He's got a bunch of power and influence and owns a lot of music personally. (He went on a buying spree after Jacko knifed him by buying his music.)

      If the deal came with getting an exclusive for Beatles tunes for electronic sales....it wouldn't be bad.

      Still, I don't know UK law...but Apple Records stopped doing business as Apple Records for several years. I don't know why this should mean that Apple Computer owes them a ton of money (some money maybe...but not tons of money).

    18. Re:Buy Them Out by SewersOfRivendell · · Score: 2, Informative

      WTF does Vivendi have to say about it? They don't have an interest in either the Beatles music or Apple Computer. EMI is the Beatle's record company. (Apple Corps is simply the holding company for the Beatles.)

    19. Re:Buy Them Out by jrockway · · Score: 2, Insightful

      Click stop in iTunes. That's the Apple logo that takes over the mini-LCD screen :-)
      Turn on your iPod. That apple is the Apple logo.

      Apple does care about iTunes and iPod. The coolness of the iPod makes people want a Powerbook (or iMac or iBook or whatever).

      --
      My other car is first.
    20. Re:Buy Them Out by DavidBrown · · Score: 4, Insightful

      Apple Corps acted in a reasonable manner - it settled their legitimate claim against Apple Computer in return for Apple Computer's promise to not enter into the music industry. If Jobs and Woz named Apple Computer "Coca-Cola Computer" instead, they would have been driven completely out of business.

      Yes, I do believe that it was a voluntary deal - Apple Corps. and Apple Computer settled Apple Corp's quite reasonable trademark infringement claim in a perfectly reasonable (at the time) manner. Twenty years ago, why would anyone suspect that Apple Computer would ever get into the music industry?

      Contracts, however, are made to be broken. Apple Computer could certainly violate the settlement it entered into with Apple Corps, but only at a cost. Now Apple Corps has a great breach of contract lawsuit against Apple Computer, and Apple Computer gets to pay the penalty.

      And why is this unfair? Jobs or his successors (I forgot who was in charge in 1991) certainly knew what they were doing when they originally settled with Apple Corps, and Jobs certainly knew what he was doing when he decided to break the contract. They could have easily created "iTunes Music" as a separate corporation not taking advantage of the Apple name. Of course, Jobs knew that this was going to lead to a lawsuit from Apple Corps. He's probably betting that the advantage of keeping iTunes under the Apple umbrella is worth more than what he'll have to pay to Apple Corps. Only time will tell if Jobs made the right decision, or stepped firmly upon his penis.

      --
      144l. ph34r my 133t l3g4l 5k1lz!
    21. Re:Buy Them Out by wankledot · · Score: 2, Insightful
      "Apple has gone to great lengths to not actively associate the Apple name with iTMS, iTunes and iPod. "

      What are you talking about? They even call the clickwheel the "Apple Click Wheel" The HP iPod is called the "Apple iPod by HP" or something to that affect. There are massive Apple logos all over the products.

      There is no less "Appleness" about the iPod than any Mac they sell, and they are far from "taking great lengths to get those products to stand on their own" Every iPod commercial ends with a huge freakin' Apple logo.

      --
      My sig is blank, I typed this by hand.
    22. Re:Buy Them Out by suckmysav · · Score: 5, Informative

      " The Beatles don't own all their music. Sony and Michael Jackson own some of it."

      You are confusing the publishing rights of Beatles songs with the actual Beatles recordings of those songs. The publishing rights (owned by Whacko Jacko) provide control over (and royalties from) third party artists who want to perform/record songs that were written by The Beatles. They do not give Whacko ownership of the actual recordings made by The Beatles themselves and they do not provide him with royalties from the use of the songs by the (surviving) Beatles either.

      --
      "You can't fight in here, this is the war room!"
  2. I want to help the beatles by AssProphet · · Score: 4, Funny

    Why do companies these days always resort to the law to handle their problems.

    the Beatles' company should hire Mr.T

    1. Re:I want to help the beatles by Alioth · · Score: 5, Funny

      Actually, why not?

      Southwest Airlines (an airline who actually has a clueful CEO for a change) did almost this. They had an (unintentional) trademark collision with another airline due to a promotion they were running.

      Instead of running to the lawyers, Herb Kelleher (CEO of Southwest), challenged the CEO of the other airline (who's name escapes me right now) to an arm wrestling match.

      Herb lost; the trademark dispute was resolved in the other airline's favour. No lawyers involved, and it undoubtedly saved both companies a buttload of money.

    2. Re:I want to help the beatles by Anonymous Coward · · Score: 5, Informative

      In case it's not just me that wanted to read that story.....

      "Those good-natured feelings have everything to do with the man who's been with Southwest since its inception, Herb Kelleher. His down-to-earth, "everyman" demeanor has endeared him to the airline's employees. His zany antics have helped set the tone for the airline's offbeat culture. One outrageous incident was his arm-wrestling showdown with the CEO of Stevens Aviation in 1992. Both Stevens and Southwest were using the advertising tagline "Plane Smart." To settle the matter, Kelleher suggested an arm-wrestling competition with the winner keeping the rights to the slogan. Kelleher lost the match, but the event generated so much good will and publicity that Stevens let Southwest continue use of the tagline."

      From [note: beware of slashdot induced spaces]:
      http://www.pbs.org/kcet/chasingthesun/in novators/h kelleher.html

    3. Re:I want to help the beatles by Blue+Stone · · Score: 3, Funny

      Maybe Jobs and his spouse could challenge Mc.Cartney and his wife to a three legged race?

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    4. Re:I want to help the beatles by wertarbyte · · Score: 4, Funny

      Sorry, the site you requested is inactive.
      This GeoCities site has been deactivated due to inactivity.

      What is this, some kind of reversed /. effect?
      --
      Life is just nature's way of keeping meat fresh.
    5. Re:I want to help the beatles by LePrince · · Score: 3, Informative
      It's even better than just that...
      One outrageous incident was his arm-wrestling showdown with the CEO of Stevens Aviation in 1992. Both Stevens and Southwest were using the advertising tagline "Plane Smart." To settle the matter, Kelleher suggested an arm-wrestling competition with the winner keeping the rights to the slogan. Kelleher lost the match, but the event generated so much good will and publicity that Stevens let Southwest continue use of the tagline.
      Source : http://www.pbs.org/kcet/chasingthesun/innovators/h kelleher.html
    6. Re:I want to help the beatles by MarkGriz · · Score: 5, Funny

      Fist fight? Bah!

      You know, I wish we... I wish we lived in the day where you could challenge a person to a duel

      --
      Beauty is in the eye of the beerholder.
    7. Re:I want to help the beatles by WIAKywbfatw · · Score: 5, Informative

      That's just sick, bro.

      For those of you who don't know, Mrs McCartney only has one leg. She lost one after being hit by a speeding police car.

      --

      "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    8. Re:I want to help the beatles by MORTAR_COMBAT! · · Score: 2, Funny

      Yes, but Who would win the 'duel'?

      Total Votes: 65725
      Chris Matthews %14
      Zell Miller %86

      I would vote Zell Miller, if for no other reason than that he apparently can call down fire and brimstone from the heavens to smite those who oppose him.

      --
      MORTAR COMBAT!
    9. Re:I want to help the beatles by WIAKywbfatw · · Score: 2, Insightful

      Well, maybe if she drank a little milk her bones wouldn't have been so fucking brittle.

      Vegetarians. Worthless anti-evolutionary bleeding hearts.


      Yo, dick, grow a brain. This is Heather McCartney we're talking about, Paul's current wife, not Linda McCartney, his previous one who died of cancer.

      If you're going to post dumb AC comments at least try not to be so dumb that you can't get the basic facts straight.

      --

      "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    10. Re:I want to help the beatles by jasontwarnock · · Score: 2, Informative

      I'm not exactly sure, but I believe you have it backwards, protiens are easier to digest then carbs. Animals that can break down carbs and complex-carbs are most likely more evolved digestivly... That's how the evolutionary trend looks anyway.

      --
      :wq
  3. Easy solution by Yeechang+Lee · · Score: 2, Funny

    Make the next iPod yellow and engrave on the back "B3ATL35 R00LZ!!!11!!!" That should satisfy Apple Records.

  4. AppleCorp as a megacorp? by six11 · · Score: 5, Insightful

    Maybe I'm cynical, but, uh, AppleCorp as a megacorp? What's the threshold of calling a company a megacorp?

    1. Re:AppleCorp as a megacorp? by OrangeCowHide · · Score: 5, Funny

      By definition, shouldn't it be one containing more than 10^6 corps?

      --
      Creationists are a lot like zombies. Slow, but powerful and numerous. And they all want to eat our brains. - Evilest Doe
  5. Summary? What Summary by winkydink · · Score: 2, Insightful

    I don't seen any "summary of wack misadventure" in the short article referenced.

    --

    "I'd rather be a lightning rod than a seismometer." -Ken Kesey

  6. Coming Soon: by Anonymous Coward · · Score: 5, Funny

    Steve Jobs is expected to announce at the next MacWorld that every new iPod will now ship with a single MP3 file on the harddrive called sosumi.

  7. Not always the original dispute that gets you by Anonymous Coward · · Score: 5, Interesting

    As World Wrestling Federation learned. They'd made a deal with World Wildlife Fund not to use the WWF initials internationally, but then... well, the internet took off, and WWF.com become popular. Nevermind the fact we know the difference between WWF.com and WWF.org, the UK judges didn't care. Because of the agreement, World Wrestling Federation was forced to change their name and pay a hefty fee to World Wildlife Fund. It's now World Wrestling Entertainment, and I hear World Wildlife Fund doesn't even use that name that much anymore.

    1. Re:Not always the original dispute that gets you by andfarm · · Score: 2, Funny
      Wildlife Wrestling Entertainment!

      Hee hee.

      --

      TANSTAAFI: There Ain't No Such Thing As A Free iPod.

  8. Spinoff? by Anonymous Coward · · Score: 5, Insightful

    Couldn't Apple just spin off the music part into a separate operating company like "iTunes, Inc." and be done with it?

    1. Re:Spinoff? by gUmbi · · Score: 2, Insightful


      Couldn't Apple just spin off the music part into a separate operating company like "iTunes, Inc." and be done with it?


      Consider that iTunes as a division does not make any significant revenues. It is designed as a vehicle for iPod and Mac sales.

    2. Re:Spinoff? by ecklesweb · · Score: 2, Interesting

      In (over)simplified terms, Apple just has to make an economic decision between how much a settlement would cost and how much the Apple brand is worth. If A < B, pay the settlement. If A> B, then spinoff and find a different brand to use for the music-related business.

      If you believe their latest 10-Q, the Apple brand is worth about $80 million alone. I wouldn't say that "massively dwarfs" the $25+ million settlement in the first go-round with Apple Corps, but it's still a huge hunk of change.

  9. Like Lennon said... by WormholeFiend · · Score: 4, Funny

    look for the person who will benefit. And you will, uh, you know, you'll, uh, you know what I'm trying to say...

    1. Re:Like Lennon said... by IntelliTubbie · · Score: 3, Funny

      look for the person who will benefit. And you will, uh, you know, you'll, uh, you know what I'm trying to say...

      "I am the walrus."

      Cheers,
      IT

      --

      Power corrupts. PowerPoint corrupts absolutely.

  10. Imagine by Aggrazel · · Score: 5, Funny

    Imagine no lawsuits ... it isn't hard if you try ...

  11. For More, See Variety by Anonymous Coward · · Score: 3, Informative

    The article at the end said for more see Variety.

    so do it.

  12. Principle? by gardyloo · · Score: 3, Funny

    Oh, good. Apple Computer has nothing to worry about. Despite the vagaries of language, there's no way a court will uphold "principle content" over "principal content".

    Next?

    1. Re:Principle? by ThatsNotFunny · · Score: 2, Informative
      Not really... according to Dictionary.com:

      Usage Note: Principal and principle are often confused but have no meanings in common. Principle is only a noun and usually refers to a rule or standard. Principal is both a noun and an adjective. As a noun, it has specialized meanings in law and finance, but in general usage it refers to a person who holds a high position or plays an important role: a meeting among all the principals in the transaction. As an adjective it has the sense of "chief" or "leading": The coach's principal concern is the quarterback's health.
      --
      "Was it a millionaire who said 'Imagine No Posessions?'" -- Elvis Costello
  13. Ummmm by savagedome · · Score: 5, Funny

    Beatles fan Steve Jobs could lose a large bite of his Apple to his idols

    Shouldn't that be iDols?

    *ducks*

  14. Trademark? by liquidsin · · Score: 3, Interesting

    Granted, I don't use ITMS, but I've never seen it billed as "the Apple music store", only as "the iTunes Music Store". I'm entirely lost as to how this could be a trademark issue. If the article (which is skimpy on details) is accurate, then the 1991 court ruling said they had an "agreement that that forbids it from using the trademark for any application "whose principle content is music."". So how is "iTunes Music Store" easily confused with "Apple Records"?

    --
    do not read this line twice.
    1. Re:Trademark? by Not_Wiggins · · Score: 2, Interesting

      Precisely... the uses of "Apple" by both parties appears (to me) very different.

      IANAL, so here's a question (I don't know the answer):
      Even in the music industry, don't they differentiate between production and distribution?

      I mean, can one company be "Apple Music productions" and a different one be "Apply Music distributions" and legally use the name and not be confused as the functions of either company are very different?

      Last time I checked, Jobs wasn't in the business of producing any kind of music. At best, you might liken the iPod (and iTunes, etc) to a distribution business.

      Perhaps this is the angle the "music" Apple company is trying to argue on...?

      --
      Diplomacy is the art of saying, "Nice doggie!" until you can find a rock.
    2. Re:Trademark? by waffffffle · · Score: 5, Informative

      That's not the issue. The issue is with the initial settlement, where Apple Records sued Apple Computer. Stupidly (in my opinion) on Apple Computer's part, they signed a settlement that 1) gave the Beatles a lot of money and 2) said that Apple Computer could never enter the "music" business. As far as what the "music" business actually is defined as is questionable. As many people know, when Apple first shipped the LC, with a microphone, they added the "Sosumi" (so sue me) sound to System 7. In January 2001 Apple released iTunes and in October they released the first ipod. In 2002 Apple purchased Emagic. In 2003 they launched the iTunes music store. Which of these actions constitutes entering the "music business" ? To me the problem was with the original settlement. The wording is not clear. Apple Computer was also stupid to agree to something like this. They SHOULD have agreed not to become a record label, since that would never be their interest. iTMS is a store, not a label. If Apple Computer didn't sign such a stupid deal back in the 80s this wouldn't be an issue today.

    3. Re:Trademark? by Anita+Coney · · Score: 5, Informative

      First, this current case isn't really a trademark case. It's a breach of contract case.

      A long long time ago Apple Music sued Apple Computers when Apple Computers included sound cards in its computers. The case never went to trial and the parties entered into a settlement. Apple Computers agreed not to enter into the music business.

      Now Apple is in the music business, which means that the settlement has been breached.

      Secondly, I decided to check out iTunes to see how prominate the word "Apple" is used. First, the url for the store is http://www.APPLE.com/itunes/ and secondly, the name on the top left of the browser is "APPLE - iTunes." Emphasis added.

      If Apple Computers were smart it would have spun off an entirely separate corporate entity for the iPod and iTunes store.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    4. Re:Trademark? by b-baggins · · Score: 2, Insightful

      Apple has a history of making stupid agreements. Microsoft won their GUI lawsuit with Apple because of a similar stupid agreement Apple made with MS a few years previously.

      --
      You can tell a great deal about the character of a man by observing those who hate him.
    5. Re:Trademark? by Anonymous Coward · · Score: 2, Interesting

      the url for the store is http://www.APPLE.com/itunes/

      That is not the URL for the store, it is the URL to obtain iTunes. The store is only accessed through iTunes, and any HTTP URL involved is never displayed.

      If the term "Apple" is not used in the name of the store, the company may be on solid ground. Unless you have the exact text of the settlement you cannot know Apple broke the agreement.

    6. Re:Trademark? by nhavar · · Score: 2, Interesting

      But what is "the music business". Is Wal-Mart in "the music business" or CompUSA or Coca-Cola or Pepsi? Is iTunes in anyway in competition with Apple Music. iTunes is just a mechanism for distribution like any other channel. In theory Apple Music is in the business of producing the music and finding the distrubution partners (like Apple iTunes, Sam Goody, Best Buy, etc.). It's not obvious that there's any overlap whatsoever in what Apple Music does vs. Apple iTunes Music Store.

      It's like when Apple computers was sued for including a sound card, should they also have been sued when they included a CD player application? Now they've created a new distribution channel for music which has become very popular. Apple Music should be taking advantage of that stream in a way other than lawsuits. Or is that maybe the point of the lawsuit to gain some extra leverage in that new distribution channel and forge the next contract.

      --
      "Do not be swept up in the momentum of mediocrity." - anon
  15. Trademark confusion? by Tokerat · · Score: 5, Funny


    Wait....Apple COMPUTER runs the iTunes Music Store? Oh, damn...

    --
    CAn'T CompreHend SARcaSm?
  16. Sosumi by AlfredoLambda · · Score: 5, Funny

    Clank!

  17. Can't wait for all the fanboy posts by Anonymous Coward · · Score: 4, Insightful

    Considering how litigious Apple is with protecting their trademark I don't see any room to bash the other side here. Oh and btw this company was around before Apple the computer compnay was even created.

    Also considering that the article mentions a "1991 agreement that that forbids it from using the trademark for any application "whose principle content is music." " this doesn't seem to be too baseless a claim. Apple will pay and in return they will get access to the Beatles catalog. Not a bad deal IMO.

  18. Why? by StevenHenderson · · Score: 2, Interesting

    Honestly, maybe I am just ignorant or naive, but I do not see the point of this lawsuit. I cannot see any obvious conflict of interest. It is not as though anyone buys an iPod and thinks the money is going to the Beatles or anything. Can anyone explain this? The article was a little thin on details.

    1. Re:Why? by Evangelion · · Score: 2, Insightful


      They signed a contract saying they wouldn't do something.

      They did that something.

    2. Re:Why? by Anita+Coney · · Score: 4, Insightful

      First, your argument does not matter because there is no question that Apple breached the settlement. This new case is NOT a trademark case it is a breach of contract case. If you truly were an attorney, you'd know the difference.

      Secondly, the Beatles HAS released new music. Check out allmusic.com and you'll find that the Beatles has released MANY new CDs since their breakup.

      Thirdly, it does not matter if the Beatles released new music or not. Since Apple is still selling the OLD CDs they are still in business.

      This is NOT an instance where Apple music has abandoned its trademark, it is still being used every day to generate millions of dollars.

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
    3. Re:Why? by cavac · · Score: 2, Flamebait

      Remember the stories about that big bad software company (let's call it "SUCKS") lawsuiting the hell out of everybody for the last year or so? Apple Music is in quite the same position: Nobody knows them, nobody buys their products, they haven't done any creative work for 3 decades, they may have to close down in the near future. So they look out for the biggest possible cash-cow and sue them; hoping the out-of-court setlement will result in a buy-out of their company. Like SUCKS did with a big opponent (which we call hereby "Big-I"). Although i must say, that Apple Music actually seem to have some points to stand on (which we may call "proof") and they even really own the rights they claim.

      --
      Look, this thing is totally safe! Built it myself, you know. You just press that button like this and then turn that lev
    4. Re:Why? by RazzleFrog · · Score: 2, Insightful

      Are you on crack? Nobody knows Apple Records? They have been around since 1968 and have been releasing best selling albums and cds throughout. They just released the Beatles' Anthology DVD in April. The Beatles are the best selling band of all time and their music continues to be best sellers no matter how they repackage it.

      Apple Corp is in no danger of going out of business (especially since it is owned by some obscenely rich individuals) and is only reprimanding Apple for violating their earlier agreement.

  19. Wow, interesting by 31415926535897 · · Score: 4, Insightful

    I had no clue the Beatles had a company called Apple Corps. There's a Wikipedia entry about it.

    Regarding the case, it sounds like Apple is screwed. It sounds like they haven't won any of these cases in the past (or, at the very least they settled out of court paying large sums to the Beatles' company).
    It sounds like Forbes thinks this will be one of the largest court cases in histroy (from TFA), but I'll be that Apple will end up settling out of court (probably for a large amount still, but if they habitually break these rulings/agreements, they're going to have to pay).

    It doesn't look like the news hurt Apple too much today.

  20. So? by Bendebecker · · Score: 4, Funny

    Maybe they'll rename the company Orange. Of course, then they'll have to deal with people comparing the offerings of the new company to those of the old, but that won't go to far. Afterall, you can't compare Apple's to Orange's.

    --
    There's a growing sense that even if The Future comes,
    most of us won't be able to afford it.
    -- Lemmy
    1. Re:So? by T-Kir · · Score: 3, Funny

      And they'll create their own mobile ring tunes just to rub it in.

      --
      Are you local? There's nothing for you here!
    2. Re:So? by Bendebecker · · Score: 2, Funny

      It was done on purpose, moron. You can't compare Apple's offerings to Orange's offerings but that doesn't quite have the same ring to it, does it?

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
  21. Re:If John Lennon were alive by Anonymous Coward · · Score: 5, Funny

    "As it is, Yoko's vagina is a ceaseless money vacuum."

    Given this is Slashdot you may want to keep it to terms that the local nerds will know. For example, "As it is, Yoko's mysterious nether region is a ceaseless money vacuum. SCO sucks."

  22. Re:Yay copyright by thephotoman · · Score: 2, Informative

    This isn't about copyright, ane even if it was, Paul is still alive. George and John might be dead, but neither one has been dead long enough.

    This is, however, about trademark. The fact is that Apple Corps. still exists, and holds the trademark on the name. Apple Computer just chose a really bad name, and probably should have done some research. Granted, we wind up in another Mozilla Firesomething situation, but seriously, Steve and Woz made a bad call when the named their company Apple.

    --
    Haec merda tauri est. Ceterum censeo Carthaginem esse delendam.
  23. Has Apple avoided this problem? by Dark+Paladin · · Score: 5, Insightful

    The store in question is not the "Apple Music Store" - it's the "iTunes Music Store". It would appear that, under the terms of the agreement, Apple has done everything it could to avoid using the Apple logo - save for the part in the store where it says "Copyright Apple Computer, Inc" - which is more than enough to establish it being different from "Apple Records".

    As far as the previous posts about Apple Computer buying out Apple Record - why the hell not? It would ensure that the Beatles music would only be available via the iTMS - not that I am stating this is a "good" or "bad" thing (bad, if they stop selling CD's, good otherwise), and would truly cement Apple into the music business, while removing a pain in the ass.

    1. Re:Has Apple avoided this problem? by Keeper · · Score: 4, Informative

      Except they've registered domains like http://applemusic.com, and the site shows up under http://www.apple.com/itunes/ ... and if that isn't an effective enough demonstration for you, do an Apple Music search on google and see where you land -- "apple music" is associated with iTunes enough to be the first hit.

      Aside from the obvious trademark infringements, it doesn't matter anyway. Apple Computer signed agreements with Apple Corp last time this happened, stating that Apple Computer would not enter the music business. End of story. Apple Computer is in breach of contract.

    2. Re:Has Apple avoided this problem? by liquidsin · · Score: 2, Insightful

      Apple Computers is in the music business the same way as Amazon.com is in the book business. They only sell. Of course, as with patents, nobody can figure out what the fuck is going on when you take a normal business and put it on the internet. I wouldn't say Apple Computers is in the music business anymore than I'd say Walmart is in the food industry, even though they have a candy aisle.

      --
      do not read this line twice.
    3. Re:Has Apple avoided this problem? by Moofie · · Score: 2, Informative

      Last time I checked, you can't buy something unless the owner wants to sell it to you.

      Check again. Don't know if Apple Corps is a publically traded company, but your supposition is not correct on its face.

      --
      Why yes, I AM a rocket scientist!
    4. Re:Has Apple avoided this problem? by liquidsin · · Score: 2, Insightful

      Oh, you've cornered me. It was really I, LiquidSin, who shot John Lennon! I've lived with my secret all these years! You must understand, I was aiming for Yoko.

      Ok, crackpot conspiracy theories aside, I have no interest here other than seeing some sort of sanity in the legal system. It's not a contract case. It was a court settlement. The case was originally about trademarks. Therefore the whole damn mess stems from trademark law. Following yet? I fuckin' hope so. Since the original 1991 court case was about trademarks, does that not mean that the settlement about not entering "the music business" *should*, in the eyes of the law, be construed to mean "the business of music" and NOT the business of retail? What about Apple Garage Band? Is software that helps you make music putting Apple into the music business? Or iTunes for playing music? Does that put them in the music business? Of course not. That would be fucking ridiculous. So why is selling music, that someone else is writing, recording and producing all of a sudden considered to be breaching the court settlement? Obviously the spirit of the original settlement wasn't to keep Apple Computers from ever having anything to do with sound, otherwise we'd have no Macs with soundcards. So where does the line get drawn? My vote goes with the spirit of the original settlement, which I personally would construe as having to do with trademarks. Apple Computers is not a record label. They sell other people's music. Apple Music is a record label. The produce music. These are two entirely different businesses, and therefore this should NOT be considered a violation of trademark law, and by extension (by my logic...your opinion is obviously different) should not be considered a breach of the previous settlement. And as for you incessantly accusing me of having some hidden agenda, turn off the X-Files DVD and try leaving your mom's basement.

      --
      do not read this line twice.
  24. They do have a big cash supply but... by inchhigh · · Score: 2, Interesting
    As being a long time Steve Jobs watcher it seems sometimes he won't listen to anyone else once he gets his sights on something. I would expect the legal team brought up the probable issues that could arise from Apple going heavily into music with iTunes and the iPod.

    From what I know of the previous agreement it would be hard to see that Apple has much of a leg to stand on, no surprise the number ($$) offerred by the Beatles lawyers to settle is going to be a big one. Especially with so many Apple Press Releases touting the number of tracks and ipods sold.

    The only good that will come out of this (well aside from making Paul and Ringo a little richer) is I would imagine the previous settlement will be appended and apple will no longer have this monkey on it's back. Hopefully it will be a one time payment and not a percentage of profits going forward.

  25. Please... by kannibal_klown · · Score: 5, Interesting

    Please...

    As if when I think "Apple," I think "Beatles."

    I can never understand this B.S. At least with Lindows, they purposely chose that name in competition with Windows (a Linux that's so much like Windows, it's scary... AHHH). So I can understand MS being pissed/

    Apple isn't making money by the association with Apple Records or the Beatles. They're just Apple, and they decided to expand into a lucrative market. A market that only makes sense for a tech savvy company to get into in the beginning.

    I think the contract was an asshat thing to do. Oh no! 2 companies are called Apple, one publishes music, the other has recently started selling music. Apple is such a unique and creative word, it's not even in the dictionary. I know, I'll start a new company called "Creative," because I just made that word up!

    But Anyway...

    A contract is a contract, and Apple violated their's. Yeh, it was a contract that was stupid as heck in the first place, but a contract none-the-less.

    Both sides should just settle and move on.

    Then, Apple should make a game called "Squash the Silver Beatles" or something :)

    1. Re:Please... by HishamMuhammad · · Score: 2, Insightful

      As if when I think "Apple," I think "Beatles."

      You don't, but guess what, lots of people do. Millions of people have green apples drawn in their LP labels and CDs, and see the Apple logo and name in the back cover of the albums, in the opening of the DVDs, etc.

      I was just going to give you another example with "Vertigo", relating to the music label, and then (only after thinking of the label) I remembered the Hitchcock movie. For tons of other people, they'd think of the movie first, but I'm sure that for a lot of music fans, not.

      On the other hand, when my father thinks "Apple", he thinks "fruit".

      So don't come saying "Apple"->"Beatles" is unreasonable. It's no less reasonable than saying "Apple"->"Mac".

    2. Re:Please... by swordgeek · · Score: 3, Insightful

      "Apple Music."

      Maybe I'm just old, but my first association when I hear those words together is the red and blue albums, with the Apple Records logo on the label.

      Apple computers might actually benefit from a perceived connection with Apple Records. More to the point, if Apple totally tanks then any apparent connection between the companies could hurt Apple Corps.

      That's why they cut a contract, and that's why the music company is determined to force the computer company to uphold that contract.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    3. Re:Please... by BigRedFish · · Score: 2, Informative

      As if when I think "Apple," I think "Beatles."

      In the Apple Computer forum on the net's premier techie BBS, probably not. I like Apple computers and OSX, and I know I'll get modded down into oblivion for saying anything critical of Apple Computer here in the Steve Jobs Reality Distortion Field forum, but c'mon.

      In the context of music publishing, yes, if someone says, "They're on Apple" I think "Apple Records." And so do lots of other people, especially those who are, oh, about Steve Jobs's age. Let's not pretend he's innocent in all this - he was coattailing off the Beatles for cheap publicity from the beginning.

      Apple [Computer] isn't making money by the association with Apple Records or the Beatles.

      Au contraire. They counted on it in the early days.

      Those of us old enough to remember can recall that Steve Jobs obviously knew damn well what he was doing when he chose the Apple Computer name and logo - he even admitted at the time that it was derivative of the Beatles' label. Apple Records was still active (and still are), pressing not Just Beatles, but also Lennon's stuff, and Badfinger, and a few other then-current acts. Jobs intentionally created the trademark collision, intending to reach the settlement (computers, no music) that he did, in order to get the Apple Computer name in the papers, Barnum-style. It worked, and wasn't a bother until computers started getting sound.

      I think the contract was an asshat thing to do.

      The contract was an inevitable end-result of Jobs's naming strategy. It was his endgame. The asshat thing to do was rip off someone else's trademark (Apple) in the first place, creating this perpetual problem for himself. And especially, doing it with the 800-lb gorilla that is The Beatles. Given the history, Apple Records is quite justified in smacking Jobs any time he comes anywhere near the music biz.

      Maybe Jobs thought Apple Records would eventually slow-fade to groove noise, sound the dog whistle, lift their needle and go back in the jacket, leaving Apple Computer free and clear with the name. Jobs's big screw-up was that his name crash prevents Apple Records from ever dying; they have a perpetual lawsuit against him, and he ends up having to pay to keep them alive so they can sue him again another day. Apple Records is not going to fold, and they're not going to let Apple Computer off the hook in perpetuity for precisely this reason.

      Anyway, what does Apple Records do? Among other things, it produced LPs and now produces CDs - in other words, it takes recorded music and makes it available to listeners, in a format that will play on their household music reproduction equipment. What does Apple Computer do with iTunes? They take recorded music, and make it available to listeners, in a format that will play on their household music reproduction equipment. Uh-oh...

      Even without the contractual agreement that resulted from Jobs's name-collision publicity stunt back in the '70s, this parity in purpose would put iTunes in a very bad spot on its own. Nice name you got there, Jobs. Too bad it's already in use in the chosen market space.

      The Beatles catalog is the Holy Grail of downloadable music services. Right now, no one has them. The bidding war for the exclusive right to distribute THE FREAKING BEATLES is going to be intense, and if you think Apple Records is going to roll over and let Apple Computer buy them out, think again. All Apple Records has to do is sit back and tell the bidders, "You Know My Name (look up the number)" and watch the millions add up. They're not just going to sell out easy. They'll probably end up with the iPod profits, leaving Apple Computer with exactly zero for all their hard work on iPod + iTunes (since Jobs admits that iTunes is break-even - Apple Computer sells the razors, the RIAA sells the blades, and we all know how that goes).

      The moral of the story is, when starting a business, choose a name that isn't already in play. Steve danced, now he's going to have to pay the band.

    4. Re:Please... by Ohreally_factor · · Score: 2, Funny

      On the other hand, when my father thinks "Apple", he thinks "fruit".

      Not that there's anything wrong with that.

      --
      It's not offtopic, dumbass. It's orthogonal.
  26. Re:Yay copyright by shotfeel · · Score: 3, Interesting

    but seriously, Steve and Woz made a bad call when the named their company Apple.

    I would just say they made an unfortunate choice. but I wouldn't say they made a bad call. We're talking about naming a computer company ~30 years ago. Jobs is noted as a "visionary", but I doubt he could have forseen trademark issues with a record company at that time.

  27. Should be no surprise by dpbsmith · · Score: 2, Informative

    This is an old, old issue. This was mentioned in the trade press about the time that the iPod was announced, and again when the iTunes Music Store was announced. During the mid-1990s, all music-related Macintosh gear (MIDI interfaces, etc.) was available only from third parties because Apple didn't want to violate the settlement.

    Apple must have seen this coming, must have consciously violated the settlement, and must surely must have made some calculations of what it would eventually mean in costs.

    Furthermore, there's a sort of precedent for Apple's taking calculated risks with trademarks. Steve Jobs decide on the name "Macintosh;" announced it within Apple; claimed (falsely!) within Apple that he had cut a deal with McIntosh Laboratories, a maker of high-end audio gear. Only after the name was set in stone did Apple approach McIntosh. Whatever the details, Apple gambled and won, because McIntosh Labs did agree to let them use the name.

  28. Yesterday.. by alex_ware · · Score: 2, Funny

    Yesterday all my troubles seemed so far away,
    iPod sales rising heavily,
    but oh oh Yesterday

    Yesterday Apple music were so far away,
    and now oh no we have to pay,

    --
    If you have nothing useful to say post as AC.
  29. Man... by Anonymous Coward · · Score: 5, Funny

    Paul McCartney must be rolling in his grave.

    1. Re:Man... by entrager · · Score: 2, Informative

      It took me a few seconds to figure out what you were talking about. At first I thought you meant to say that John Lennon was rolling in his grave. But then I remembered, Paul is dead.

      Mod me -1 Slow-thinker. But give me a break, I'm on cold medication...

  30. U.S. vs. U.K. Laws by slackerboy · · Score: 4, Interesting

    Since this case is going to be in the U.K. courts, how do the laws on the two sides of the pond compare for trademark issues? Is there a real rift in what they mean or how they can be applied?

    --
    Things to do today: See list of things to do yesterday
  31. Ensoniq chip in the Apple IIGS drew a lawsuite! by bruceg · · Score: 2, Informative

    I was reading about the Apple IIGS, and a lawsuite that even affects modern day MAC's. It has to do with the inclusion of synthesizer chip, and quoting this article:

    http://www.old-computers.com/museum/computer.asp?s t=1&c=71

    "The Ensoniq chip in the Apple IIGS was a brilliant move by Apple, but it drew a lawsuit by Apple Records, the Beatles' record label. Apple never again put a synthesizer chip in any computer. Even today, Macintosh does not have hardware synthesizers. Macintosh needs to go around this with software based synthesis. "

    I found this to be quite interesting.

  32. A better history... by artemis67 · · Score: 2, Interesting

    of the Apple/Beatles legal battles is here."

    Of course, much of the legal dispute has gone on between lawyers and is not a matter of public record, so it's not very complete.

    I do remember, though, what crummy audio hardware the Mac had in the early 90's, thanks to Apple Corps. Apple always had to lag behind the industry, for fear of being sued. It's only since Jobs came back in '97 that his attitude was, "Screw it, we're going full steam ahead."

  33. Re:Tough choice by Infonaut · · Score: 3, Funny
    Honestly, makes it tough to choose who to root for. The greatest band of all time, or everyone's fave iPod maker? Guess it'll have to come down to objectivity...

    Waitaminnit... I didn't know the surviving members of The Clash were involved in this litigation! How dare Apple Computer confuse people with their iSandanista product!

    --
    Read the EFF's Fair Use FAQ
  34. It's not the music store, it's the contract by X_Caffeine · · Score: 5, Insightful

    All the posts regarding potential confusion between Apple Records and Apple Computer (and pointing out that it's called the iTunes Music Store, not Apple Music Store) are completely missing the point.

    A deal was hashed out years ago after Jobs'n'Woz called their upstart company Apple. It wouldn't be unlike you starting a music store called Dell -- Michael might have some issues with that.

    Apple and Apple made an agreement -- Jobs'n'Woz could keep their corporate name if they agreed not to get in the music business. And now they've broken that contract. QED

    I'm sympathetic to Apple Computer, but they don't have a leg to stand on here.

    --
    // I will show you fear in a handful of jellybeans.
  35. No Longer Apple Music by ChilyMack · · Score: 4, Interesting

    At some point last year, actually, Apple changed the "Music" tab on their website to "iPod + iTunes", and it was widely assumed it had to do with the impending legal action brought by Apple Corps that just happened to coincide. See: http://web.archive.org/web/20030801072141/www.appl e.com/music/

  36. Private Contractual Agreements by buckhead_buddy · · Score: 3, Interesting

    The article says that the lawsuit is about a contractual agreement between the two companies. This is the same agreement that purportedly forced renaming of the System 7 sound to the "Sosumi" name. But aside from nterpretations by engineers of the interpretations of Apple's lawyers, these contracts haven't been publicly disclosed.

    The rumored agreements perhaps explain why the computer company relies on advertising with the iconic bitten fruit logo in iPod and GarageBand ads rather than by plastering the word "Apple" in its Garamond-like-typeface. The pictoral trademarks of the two companies are quite different. But whether the agreements being litigated covered all trademarks or just trademarks with the words Apple hasn't been publicly disclosed.

    Perhaps AppleCorps' insistence on litigating these agreements is because its being puppeteered by a larger computer competitor. Perhaps in some backroom deal Sony offered partial control over the 159 of the 260 songs now controlled by Jackson-Sony. But the agreements (if any) between a well-funded compteitor and AppleCorps haven't been publicly disclosed.

    There's a lot of speculation about this case, but beyond the stalest of rumors and FUD being kicked up (yet again) there's very little that's actually new here.

  37. Principle / Principal by mel.simmons · · Score: 2, Funny

    Now if the agreement said "whose principal content is music" they might have a problem. http://www.shared-visions.com/explore/english/prin prin.html/

  38. Imagine no possessions by panurge · · Score: 2, Interesting
    The guy who sang that had an entire apartment in NY just to hold his wife's fur coats. I'm sorry, but I truly, deeply would like to see Apple Corp - which is actually just another face of Leviathan - lose out to a corporation that actually has to survive on what it is doing today, not just milking a revenue stream that has its roots in the past. This is just a case of RIAA junior versus new business model, and invites me to think possible things too libellous to recite here (think SCO).

    That said, I have to admit that I am very sorry but I have bought my last Mac. I cannot think of a single compelling reason to buy a new iMac given the performance and capabilities of the AMD 64 bit line, and the fact that Microsoft seem at last to be turning into a more mature company. Apple computer needs its music business, and for the sake of competition the world needs Apple Computer rather more than it needs yet another royalties collection agency.

    --
    Panurge has posted for the last time. Thanks for the positive moderations.
  39. Not so cut and dried... by Theaetetus · · Score: 3, Informative
    While Apple is very clearly in violation of the agreement,

    Well, it's not quite so clear... That's what Apple Comp's lawyers think, too, which is why they're fighting the suit.
    The original trademark suit and settlement had Apple Comp agreeing not to enter the music recording industry. They haven't - they sell music, but then, so does Target and Walmart, and they certainly aren't record labels. Neither, sez Apple, are we.

    -T

    1. Re:Not so cut and dried... by bluntyetsharpe · · Score: 2, Insightful

      Before we all jump at this (from either direction), does anyone have access to the actual agreement? I know that common understanding is that Apple agreed not to go into the music business, but that's a summary. What's the wording of the contract?

      Obviously, Apple's lawyers think it's in their favor.

      Of course, the actual agreement (as is pretty normal with these cases) is non-public, but before we all second-guess Jobs, McCartney and everyone else, reading the agreement(s) would really help.

  40. Re:not by Anita+Coney · · Score: 2, Insightful

    No, I'm old, ugly, but intelligent. First, I don't ever remember a time when the Beatle's catalog was out of print. In the 60s and 70s they sold LPs and since the 80s they sold CDs.

    Second, even if there was a time when Apple stopped selling music prior to the advent of CDs, it is irrelevant in relation to the settlement signed in the 80s. The current case is a breach of contract case, NOT a trademark case. And even if Apple Computer could have used abandonment of trademark as a defense, it has since thrown such a defense away when it signed the settlement.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  41. In other news... by nametaken · · Score: 2, Funny


    Apple Computer has decided to adopt the DBA of
    "Lemon Computer", citing "bug problems".

  42. Apple-Orange by HitchHik · · Score: 2, Informative
    --
    -- &&
  43. WIN::WIN::WIN Scenario.... by PortHaven · · Score: 5, Insightful

    WIN::WIN::WIN Scenario....

    Apple delves into their $4 billion cash reserves. They then buy the "Beatles" rights off of Michael Jackson (giving Jacko some much needed raw $$$).

    They then negotiate a deal with Paul McCartney to exchange ownership of the "Beatles" library for a merger with Apple Music and exclusive right to online digital distribution of the said Beatles library.

    Apple wins doubly (ends legal battle gains exclusive Beatle content rights). McCartney doubly wins (re-gains ownership of music and gains shares in Apple Corp. online venture!

    vwaaalaaa....

    Now was that so hard?

  44. Thank Apple Corp for iPods! by paragon_au · · Score: 5, Funny

    "They may have done it purposefully once they knew they weren't getting the Beatles' tracks on the iTMS - to see what they could get Apple Corps to do."

    Ofcourse! One day Jobs was kicking around the idea of selling Beatles music online, when Apple Corp said no. He decided to invent the iPod and start up iTunes Online Store.
    It all makes sense now.

  45. Re:This is not right... by justins · · Score: 2, Insightful
    If Apple Records gets anything out of this it would be a major breach of commonsense and basic morality.

    Whereas Apple Computer's violation of an existing contract was the height of morality.
    --
    Now before I get modded down, I be to remind whoever might read this that what I am saying is FACT. - bogaboga
  46. Apple vs. Apple by Anonymous Coward · · Score: 2, Funny

    50 bucks on Apple.

  47. The Original Lawsuit by wheatwilliams · · Score: 5, Informative
    The original lawsuit of Apple Corps against Apple Computer took place when it came to George Harrison's attention that third-party companies were writing MIDI sequencing programs that ran on Apple computers--Apple II's at the time, and later Macintoshes. This was in the early 1980s.

    MIDI sequencing programs are used by professional musicians to compose, arrange and record music. IN those days Apple didn't make or market these programs; they just made the hardware and the operating system. But the Beatles did not sue the third party MIDI sequencer software companies for their products; they sued Apple Computer because they had a product named "Apple" which could be used for composing music, and playing back the music so composed.

    It's mind-boggling. MIDI sequencers first appeared around 1982, and have existed in all kinds of specialized keyboard instruments and electronic music hardware as well as on every computer platform/operating system known to Man. But it was the pairing of the concept of a MIDI sequencer with the brand-name "Apple" that set the Beatles on the path of litigation. Never mind that the Beatles' Apple Corps never marketed any computer platforms that could run software for composing music. How could any sane person confuse Apple Computer with the Beatles' Apple Corps?

    But, sadly, Apple Computer is obviously in breach of the agreement they clearly made in 1991, and they will have to pay for it. Not only do they have the iPod, Apple now owns and operates emagic.de, which makes Garage Band and the Logic line of professional music composition and recording programs--and that is in direct violation of the original settlement, in a sense, more so than the iPod.

    In 1991, if they could not have reached a more favorable agreement, Apple Computer should have simply settled with the Beatles' Apple Corps and agreed to change the name of the computer company to something else, thereby regaining the right to sell their computers and develop music software without any risk of further legal action. They could have become the Macintosh Computer Company and avoided this colossal debacle.

    I wonder if Sir Paul McCartney and Richard Starkey et al realize what tremendous harm they are doing to the development of the computer industry and its competitive environment. Any severe blow to Apple is a big boost to Microsoft and a disincentive to healthy competition.

    Then there's the fact that virtually every musical recording you've heard in the last fifteen years has had an Apple Macintosh computer involved in its creation at some stage, usually in the recording studio, sometimes on the concert stage as well. I can't imagine why McCartney and company are so hell-bent on damaging that achievement.

  48. Re:This is not right... by Dogtanian · · Score: 2, Insightful

    Right. Or. Wrong.

    Apple. Computer. Signed. A. Contract. With. Apple. Records.

    Apple. Computer. Broke. That. Contract.

    It's that simple. Maybe Apple Computers shouldn't, or *needn't* have signed it in the first place. But they did.

    That having been said, I hope Apple Computer win, Paul McCartney et al have to pay legal bills, and Macca is bankrupted. Because frankly, I'm sick of hearing about him, his latest honours, his wife, and his tedious disputes with the equally irritating Yoko Ono, when he hasn't done anything musically worthwhile in recent memory.

    --
    "Slashdot - News and Chat Sites Deviant". (Click "homepage" link above for details).
  49. Everyone assumes... by mehtajr · · Score: 5, Interesting

    The assumption being made here is that Apple Computer broke a contract that none of us has ever seen. Apple says they don't believe they did; that it was open to intepretation in some of its key points. It's premature to call them guilty, since none of us really knows what the hell we're talking about. Just 'cause Apple Records says it doesn't make it true.

    I thought about starting a crazy rumor around MacWorld Expo in January and again at WWDC that Steve Jobs' big announcement would be that Apple was settling the lawsuit by purchasing Apple Corps. from Capitol Records, and that the Beatles catalog would be available exclusively from iTunes. After all, Apple had previously reportedly offered $5-$6 billion to purchase Universal Music--they could certainly afford the smaller Apple Corps.

    It really would not surprise me if part of the settlement is Apple Computer striking a distribution deal with, or purchasing outright, Apple Corps. Think about it... a stock swap purchase would certainly "make Apple Corps a significant shareholder in Apple Computer," and would likely result in someone from the company (McCartney) joining the Apple Computer board.

  50. What? by samberdoo · · Score: 3, Funny

    No reference to "Sue me, sue you blues" -G Harrison ?

  51. Has anyone even seen the contract? by cloudturtle · · Score: 2, Interesting
    Everyone keeps saying that Apple has entered the music business with iTunes. You know I think so too. But that means nothing.


    What matters is what the CONTRACT says. Until we see the actual wording in the CONTRACT, it is impossible to say whether Apple has breached.


    Here is the point. According to Apple Corp. the music industry could mean making music. That is what the Beatles did. Right? Apple, has sold music but they have not actually made or produced any music. Maybe the point of the CONTRACT was to prevent Apple from being a producer. Maybe Apple Corp. wanted to spare the world from the sexy ballad duet of Steve and Steve.


    Here is what I want to know. How in the hell is this settlement supposed to be so damn big. This is not tort, with punitive damages. It is contract. How was Apple Corp. hurt by Apple's iTunes. Where is the damage from the breach.


    Apple seems to have breached a contract that runs somethign like this. "We won't make music, which won't hurt you anyhow, and you won't get pissy." So now they are pissy, but where is the damage. A few million, alright. But the largest non-mass-tort settlement in history.


    This is no Pennzoil v. Texaco, and should not be. Here is what is scary. That case had a verdict somewhere in the range of Apple's total value (4 billion in cash included). So if this is going real bad (and being in England and not the US it is a possiblity) then Apple could forever be fucked.

  52. Here's your answer... by genixia · · Score: 2, Insightful
    As if when I think "Apple," I think "Beatles."


    Prior to the '80s you would have. This is the crux of the whole problem - Apple (computers) agreed to not encroach on Apple's (music company) turf within the music business, purely to avoid this whole situation.

    Apple (the music company) want to be the _only_ company in the music business associated with the name Apple. They in all probability had the legal right to that (which is why Apple (computers) settled in 1991), and the agreement meant that they definitely have that right now. Are we supposed to be surprised that Apple (music) are upset about this?

  53. iTMS will only deal with labels, not artists: by SkimTony · · Score: 3, Insightful

    This brings an interesting point to mind - when gathering tracks for use on the iTunes Music Store, Apple will only work with labels (it doesn't have to be an RIAA member, they work with "independent" labels as well) and not individual artists.
    Perhaps that policy is insulation against this very problem - if they were to work with artists directly, they could be considered a record label, but as long as they're working with established labels they are demonstrably just another reseller.

  54. Beavis and Beatles by artMonster · · Score: 3, Funny

    In 1994, Apple Computer began developing the Power Macintosh 7100. They chose the internal code name "Sagan", in honor of the astronomer. Though the project name was strictly internal and never used in public marketing, when Sagan learned of this internal usage, he sued Apple Computer to use a different project name. Though Sagan lost the suit, Apple engineers complied with his demands anyway, renaming the project "Butthead Astronomer". Sagan sued Apple for libel over the new name, claiming that it subjected him to contempt and ridicule. Sagan lost this lawsuit as well. Maybe Butthead Beatles could be used somewhere here as well...

  55. About trademarks... by Anonymous Coward · · Score: 2, Insightful

    Morons. This has nothing to do with Apple (the Computer Company) vs. Apple (Corps., the Beatles record company and representational companies)- a trademark war that was fought (and lost by Apple Computer) way back when. The Beatles had Apple (the name) first. Period. Assertions to the contrary, no one disputes that the Beatles were identified worldwide with the name Apple well before a computer company was attached to it.

    Trademark law requires the vigorous defense of infringements of any kind OTHERWISE the law instructs the court to drop the protection. That is why the Beatles sued, that is why they won.

    Apple was actually smart enough to agree (if indeed they did not propose in the first place) to generous terms allowing them to use Apple as a name as long as they didn't get into the music business. It was actually kind of McCartney, et all, to allow them to continue. Very non-corporate of them.

    THAT was the contract. Creating a music-download service or a device to play digital music can be construed as violating the terms of that contract.

    It is pedantic to suggest that Apple Computer could simply "buy" Apple Corps, or any "controlling" interest around Beatles music. In fact, the reverse may end up true. Should they win, The Beatles and the surviving estates, could well decide to revoke permission for use of Apple as a name for a computer company, and force it to be called something else. Pixar maybe?

  56. The Beatles can go pound sand by FeloniousPunk · · Score: 2, Insightful

    but seriously, Steve and Woz made a bad call when the named their company Apple.

    Why? Only the most bloody-minded greedhead would ever confuse Apple Corps the Beatles' bloody management company and Apple Computer Corporation. Does Apple Corps offer any products, anything at all I could possibly confuse with an Apple Computer product? I hadn't even heard Apple Corps until this story (what a corny name, btw).

    The bad move Steve made was doing a deal with them in the first place, instead of telling Sir Paul and the rest of the living Beatles to piss up a rope. This is really pathetic, and seriously lowers my view of these characters in the first place. When it comes right down to it, the (remaining) Beatles are just a bunch of money-grubbing greed junkies like so many others in the entertainment industry.

    --
    I know this because Tyler knows this.
  57. Sadly... by FredFnord · · Score: 2, Insightful

    That's a lovely idea. But since the company is named Apple, and iTunes belong to them, then by definition they are selling music, using iTunes, with the Apple brand. The only way around it would be to sell iTMS.

    I suspect that even if iTMS were spun off into a wholly owned subsidiary, they would still be engaging in selling music using the Apple brand.

    So either they completely get rid of iTMS, they give Apple Music their asking price for use of the brand to sell music (which was rumored to be more than 4 billion plus royalties for every song sold... basically, 'give us ALL of your money, plus royalties'), or they break the law.

    Interesting set of choices, huh?

    -fred

    --
    Sign #11 of Slashdot overdose: You see the phrase 'moderate Republican' and you wonder if that would be a +1 or a -1.
  58. A few points... by graffix_jones · · Score: 2, Insightful

    There's a couple points that I wanted to briefly cover:

    1. Steve and Woz knew exactly what they were doing when they named their company 'Apple Computer'... Jobs was such a huge Beatles fan, even back then, that it was considered an homage to them.

    2. We have no clue what the original settlement agreement between Apple Computer and Apple Corps said, so to speculate is fortuitous...

    So, that being said, I'll do a little speculation myself... ;)

    It's my hunch that the original settlement agreement was so vague, that Apple intentionally thwarted it to get the terms 'fleshed out' or re-written.

    Look at it this way... they enter the music business, get sued by Apple Corps, and hammer out 'another' settlement agreement that is much more specific (and accommodating) than the current one, and then pay Apple Corps a few bucks for their trouble.
    Or, Apple foregoes another settlement, and lets the court decide the meaning of 'music business' (taking their chances)... hoping that the term will be vague enough to give them some wriggle room.

    It looks like a win-win situation to me... at most they're out a few million, which they will recoup with their iPod sales, and at best they win their court case and can continue to do business as usual. I find it unlikely that Apple Corps would require them to take down iTMS... most likely Yoko^H^H^H^H they will just demand some royalties.

    In hindsight it looks like a good calculated risk to me... they pretty much have the #1 Music Player and the #1 Online Music Store... neither of which would have come to fruition had they stayed completely away from music as the original agreement is purported to read.

  59. whup tee doo! by theLOUDroom · · Score: 3, Interesting

    I recognize that Apple singed a contract with Apple and broke it, but I still think this is total bullshit.

    Trademark law (or perhaps just the lawyers) are totally out of control.

    Trademark exists so that your company may uniquely identify your products in a way that other companies may not copy. It does not.... or at least SHOULD not be used so that a company can exercise sole control or a word, phrase or graphic.

    That's fucking nonsense.

    Who owns the rights to the word "Apple"?
    Nobody.
    Apple owns "Apple Computer", and the other Apple owns "Apple Corps". Companies should have little or no right to prevent another company from using a VERY common word that just happens to be a fraction of their trademark.

    This is why I believe that if the Lindows lawsuit had been fought out to completion in the courtroom, microsoft would have lost. "Windows" is a common word, "Apple" is a common word. It's just plain stupid to believe that when you chose a trademark including that word, you gained sole rights to the word.

    Imagine if Bass (the beer company and holders of one of the oldest registered trademarks) decided to sue ANY company who's product had a red triangle on it ANYWHERE.
    It would be absolutely stupid.

    --
    Life is too short to proofread.
  60. Slashdot consensus by michaeldot · · Score: 2, Insightful

    Maybe I'm drawing a long bow, but...

    It seems most posters are of the opinion that Apple Computer is in the wrong and that Apple Corp has the sole right to operate in the context of anything related to music, because some legal documents purportedly say so.

    Which I find ironic, because SCO claims to have the right to anything related to UNIX because some legal documents purportedly say so, and I doubt there's a single Slashdot poster in existence who would agree with that!

  61. Original Agreement, according to Bloomberg News by wheatwilliams · · Score: 3, Informative
    http://quote.bloomberg.com/apps/news?pid=10000085& sid=a6ni5OCPVzkQ&refer=europe

    From February 25, 2004:

    The two companies' original agreement on the Apple trademark, signed in 1981, allowed the Californian company to use the name only for the sale of computers. Apple Computer later used the logo for computers to edit and record music, prompting the Beatles' company to file a lawsuit in 1989. The companies settled their dispute in 1991 and signed a new agreement after a trial lasting more than 100 days at the High Court.

    That contract stipulated Apple Computer could use the logo for computers, data processing and telecommunications, while the Beatles could retain it for music, according to documents filed by the pop group's lawyers at the High Court.

    "The High Court" refers to the court of the United Kingdom in London, which is where these judgements have been made.

    Also the Bloomberg article erroneously uses the word "logo" where they should say "trade name" in reference to "Apple".

    I remember the circumstances now...there were sequencers and a primitive third-party hardware music synthesizer called the AlphaSyntari that was on a board you could install in an Apple II computer. This predated MIDI by a couple of years and was practically the first music composing system available for a personal computer.

    The Apple Macintosh, in 1984, was the first brand of personal computer that had audio out as a stock feature. A third-party company made an external box called the MacRecorder that enabled the recording of short snippets of 8-bit mono audio. This incensed the Beatles and caused them to reopen litigation!

    Musicians of all stripes will agree with me that most all of the innovation in personal-computer-based music recording took place on the Macintosh platform (well, there was the Atari platform in the early days, but it didn't survive and the Atari developers ported their stuff to Macintosh after that). All the stuff we take for granted today, from Pro Tools to Finale to Logic, which is featured in the recording of every genre of music you can think of, from punk to classical to techno, has been possible because of the Mac platform. (I am not discounting the fact that for some time now there have also been excellent tools for doing this on the Windows platform as well).

    And to think that the Beatles have been trying to prevent this from happening all these years! Or, more precisely, they thought it their business to prevent this from happening on the Apple computer platform simply because of their company name!

  62. Sun by Anonymous Coward · · Score: 2, Insightful

    So, when will Sun sue Sun?