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On Apple vs Apple

Since nothing else really interesting is happening, here is a CNN story about Apple vs Apple where you can read about the latest developments in the latest round of the never ending court battles as two bazillion dollar companies fight over who gets to use the word 'Apple' to sell music.

324 comments

  1. bazillion dollar company's? by Anonymous Coward · · Score: 0

    Apple (ie the beatles Apple) pulls in around $1million a year

    anyway Apple (UK/Beatles) have the right here and they will win, Apple-computers keep trying to twist the case to matters it is not

    The ruling in hte 90's basically said Apple-computers to stay away form Music stuff, they have violated that, they will lose, and so they should

    1. Re:bazillion dollar company's? by Anonymous Coward · · Score: 3, Informative

      "anyway Apple (UK/Beatles) have the right here and they will win"

      AFAIK, there are two issues here:

      • trademark infringement
      • break of agreement

      As to the first, I do not think that Apple's use of an Apple logo in the iTunes Music store in any way profits from Apple Record's investment in their trademark. Also, I do not think there is any chance of people mistaking Apple Computer for Apple Records of vice versa here.

      As to the second, there were earlier agreements, but they were kept confidentional. The first I ever read about this is "Data transmission is within our field of use. That's what (the agreement) says and it is inescapable," he said." in the CNN article.

      I do not know whether that claim is accurate.

      In both cases, let's see what the judge thinks of it.
    2. Re:bazillion dollar company's? by Anonymous Coward · · Score: 0

      I doubt it'll even make it to verdict.... the two apples will probably end up settling and maintaining the status quo (with Apple Computers paying Apple Corp a little blood money).

    3. Re:bazillion dollar company's? by KarmaMB84 · · Score: 1

      Well, if the lawyer's statements are any indication, the iTunes store is exactly what this is about and the guy is going to use the data transmitting defense against them. They better fire this guy before he uses that line or they're going to get bent over harder than Napster.

    4. Re:bazillion dollar company's? by Walking+Dude · · Score: 3, Informative

      Not true. Apple Computer has the right under the last settlement to be in the music business. They do not have the right to distribute music on CDs or other physical medium. This case is about that. Does the Internet constitute a physical medium and if so, is Apple Records being damaged by Apple Computer using it to distribute music.

      I think the actual case is fairly interesting. The judge could set quite a precedent here on distribution via electronic means.

    5. Re:bazillion dollar company's? by Anonymous Coward · · Score: 0

      It's not the "Apple" Music store, its the "iTunes Music Store." Would it all be better if iTunes were spunoff as a fully-owned subsidiary company?

  2. Don't they know anything about SHARING? by Phantombrain · · Score: 5, Funny

    Why don't they just cut the logo in half and let them each use half an apple?

    --
    echo YOUR_OPINION > /dev/null
    1. Re:Don't they know anything about SHARING? by eosp · · Score: 1, Funny

      Apple Computer only uses 3/4 as it is...

    2. Re:Don't they know anything about SHARING? by Daniel+Dvorkin · · Score: 5, Funny

      And then whichever one of them says, "No! No! Let the other one have it instead!" -- that's the one who gets to keep the logo? ;)

      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    3. Re:Don't they know anything about SHARING? by Carewolf · · Score: 1

      Then Apple Computers will lose. They have already sold off a bite of theirs.

    4. Re:Don't they know anything about SHARING? by doodlelogic · · Score: 1

      That would imply they only sell 'B' sides...

    5. Re:Don't they know anything about SHARING? by plankrwf · · Score: 1

      Makes one think af a great logo:
      someone with a piece of apple in his/her mouth ;-0

      Roel

    6. Re:Don't they know anything about SHARING? by plankrwf · · Score: 0, Offtopic

      Sorry to reply to my own post, but as I've just been marked 'troll' for the first time (after remarking that I was glad that April 2nd was near),
      I meant of course 'a great logo for someone who wanted to take a bite of the marketshare of iTunes ;-)
      I have nothing against iTunes myself...

      Roel

    7. Re:Don't they know anything about SHARING? by hhawk · · Score: 1

      Apple licensed the APPLE logo from the Beatles.
      They agreed not to sell music.
      They broke that agreement.

      --
      http://www.hawknest.com/
    8. Re:Don't they know anything about SHARING? by KDR_11k · · Score: 1

      No, the one who gets the red half dies and is put into a glass coffin.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    9. Re:Don't they know anything about SHARING? by 42Penguins · · Score: 1

      I had no idea /.ers were so familiar with King Solomon!
      Or was that funny for some other reason than the Bible-style dilemma solution?
      I may be completely lost here...

    10. Re:Don't they know anything about SHARING? by legalize.ganja.now. · · Score: 1

      hmmm. salomon. us judges. ....

    11. Re:Don't they know anything about SHARING? by Cobralisk · · Score: 2, Funny
      King Solomon and the baby is pop-religion, anyone who's at least mildly paid attention in their life has heard the story. Its an amusing anecdote. I refer you, ironically, to the Kevin Smith movie Dogma:
      Tell a person that you're the Metatron and they stare at you blankly. Mention something out of a Charlton Heston movie and suddenly everybody is a theology scholar.
      I too get my religious views from popular culture. Its more entertaining than a dry old book written in a very dated dialect, and people get the references at parties.
      --
      Waiting for ad.doubleclick.net...
    12. Re:Don't they know anything about SHARING? by Anonymous Coward · · Score: 0

      Judge: Hmmm. The apple shall be cut in two. And each company shall receive... death. I'll eat the apple.

    13. Re:Don't they know anything about SHARING? by mattkinabrewmindspri · · Score: 2, Informative
      No they didn't.

      Apple Computer paid Rob Janoff to create the Apple logo. There just happened to be a record company who had chosen to name their computer after a common fruit, who just happened to be founded eight years before(in 1968), and who doesn't seem to do anything anymore except sue Apple Computer.

      When Apple Computer was founded in 1976, the two companies didn't do anything that would cause them to be confused, so after Apple Corps' 1978 lawsuit was settled in 1981, Apple Computer was allowed to use the trademark "Apple", as long as they didn't sell music media. As of now, they still don't.

      Apple Corps' website has been a placeholder page since at least 1999. If it weren't for the potential lawsuit that the idea of "Intellectual Property" gives them, I doubt that anyone would even remember "Apple Corps".

    14. Re:Don't they know anything about SHARING? by markusbkoch · · Score: 1

      They do know about sharing, but they don't like it much... That's why they have DRM

    15. Re:Don't they know anything about SHARING? by the+argonaut · · Score: 1

      There just happened to be a record company who had chosen to name their computer after a common fruit,

      I'm going to assume you mean "company" or "corporation", not "computer".

      Also, from what I understand, there didn't just "happen to be" a record company name Apple, but rather the Steves chose the name as a homage to the Beatles.

      --
      fuck you.
    16. Re:Don't they know anything about SHARING? by mattkinabrewmindspri · · Score: 1
      I'm going to assume you mean "company" or "corporation", not "computer".

      Yes, mea culpa.

      Also, from what I understand, there didn't just "happen to be" a record company name Apple, but rather the Steves chose the name as a homage to the Beatles.

      I've heard that rumor, but Steve Jobs is also a vegan who said he named the company Apple because he spent time working at an apple orchard when he was younger. Steve Wozniak says that yes, Jobs spent time working at an Apple Orchard, so yes, I'd say there's a very strong probability that he named the company after the orchard and there just happened to be a record company named Apple Corps.

    17. Re:Don't they know anything about SHARING? by langelgjm · · Score: 1

      Yeah, ancient Hebrew is an awfully dated dialect.

      --
      "Anyone who [rips a CD] is probably engaging in copyright infringement." - David O. Carson
    18. Re:Don't they know anything about SHARING? by tootlemonde · · Score: 2, Interesting

      Its more entertaining than a dry old book written in a very dated dialect

      The first Book of Kings, from which the Soloman story is taken, is a pretty good read. You can go with the one of the modern translations if Elizabethan English puts you off. It begins:

      1 When King David was very old, he could not keep warm even when they put covers over him. 2 So his attendants said to him, "Let us look for a young virgin to serve the king and take care of him. She can lie beside him so that our lord the king may keep warm."

      3 Then they searched throughout Israel for a beautiful girl and found Abishag, a Shunammite, and brought her to the king. 4 The girl was very beautiful; she took care of the king and waited on him, but the king had no sexual relations with her.

      Compare this passage to the King James Version:

      [1] Now king David was old and stricken in years; and they covered him with clothes, but he gat no heat.

      [2] Wherefore his servants said unto him, Let there be sought for my lord the king a young virgin: and let her stand before the king, and let her cherish him, and let her lie in thy bosom, that my lord the king may get heat.

      [3] So they sought for a fair damsel throughout all the coasts of Israel, and found Abishag a Shunammite, and brought her to the king.

      [4] And the damsel was very fair, and cherished the king, and ministered to him: but the king knew her not.

      Either way, dry it is not.

    19. Re:Don't they know anything about SHARING? by mr100percent · · Score: 1

      I heard that the Steves called it Apple computer as it was a play on the word "byte."

  3. You say you want a revolution? by EnronHaliburton2004 · · Score: 4, Funny

    You say you want a revolution?
    Well you know
    We all want to change the world
    You tell me that it's evolution
    Well you know
    We all want to change the world

    But nothing TOO different please. Please don't change the status quo TOO much. Don't rock the boat if you're in it. I don't want to put my music on this interweb thingy...

    1. Re:You say you want a revolution? by AHumbleOpinion · · Score: 1

      But nothing TOO different please. Please don't change the status quo TOO much. Don't rock the boat if you're in it. I don't want to put my music on this interweb thingy...

      Let who put it on the internet? A company that you were nice to and gave a break to by letting them use your name if they stayed out of the music business. Despite the fact that the two founders were from a generation intimately familiar with the Beatles and probably 100% aware of Apple Records. You gave them the benefit of the doubt. Decades later when they need to reinvent the company (face it, it is more of an iPod company than a computer company in the eyes of most consumers and investors) they broke their word and entered the music business. To add insult to injury they then sue you to steal your name in your primary business.

      I own a Mac, I own an iPod, I will most likely own more in the future. However liking the products does not mean liking the corporation. Apple is every bit as evil as MS, they have had just had fewer opportunities and they have much much better public relations. The later can't be hurt by Jobs being a saleman rather than a geek like Gates.

    2. Re:You say you want a revolution? by Hawthorne01 · · Score: 1, Interesting

      In many ways, this reminds me of SCO v. IBM or anyone of the hundreds of court battles out there now between innovating companies and companies coasting along on the inertia of their past glory. Here we have one compay that's changing how music is sold and listened to (Apple Computer) versus another that's relying on sales of 30 year old songs.

      --
      "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."
    3. Re:You say you want a revolution? by NutscrapeSucks · · Score: 1

      Well then, maybe Apple Inc shouldn't have "innovated" their company name by copying it off a Beatles record.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    4. Re:You say you want a revolution? by EnronHaliburton2004 · · Score: 2, Insightful

      Do you have proof to backup your assertions?

      If you attempt to copyright a common word like "Apple", then be prepared for trouble. Beatles may have captured the thoughts of millions of fans across the globe, but they don't own the language.

    5. Re:You say you want a revolution? by NutscrapeSucks · · Score: 1

      Apple Computers licensed their name from Apple Records. That's all the proof anyone needs.

      Even so, the common folklore story is (or was) that Steve Jobs came up with the Apple name while listening to Beatles records.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    6. Re:You say you want a revolution? by EnronHaliburton2004 · · Score: 4, Insightful

      Who sued who? I don't think that Apple Computer ever sued Apple Corp. If I understand correctly, this is the fourth 1time that Apple Records sued Apple Computers since 1981.

      Here's a very interesting part from that WP article regarding the 1991 settlement:

      "The 1991 settlement outlines the rights each company has to the Apple trademark. While Apple Corps was given the right to use the name on any "creative works whose principal content is music", Apple Computer was given the right to use the name on "goods or services...used to reproduce, run, play or otherwise deliver such content," but not on content distributed on physical media.[1] In other words, Apple Computer agreed that it would not package, sell or distribute physical music materials."

      It's fair to own a copyright when there could be confusion between two similar companies, so that a second company can't steal the thunder from the first company.

      But come on, it's been years since they heyday of Apple Corp. All of my beatle albums have a big "EMI" logo on them. Nobody is going to mistake Apple Computer for Apple Records. This is a cheap attempt for Apple Records to get money from Apple.

      For the record, I don't like Apple. But these lawsuits are pretty farging lame.

    7. Re:You say you want a revolution? by EnronHaliburton2004 · · Score: 1

      Apple Computers licensed their name from Apple Records. That's all the proof anyone needs.

      Again, can you back this up? If this was true, then why isn't it more widely known. Are all these articles about Apple vs. Apple just ignorant of this piece of information, or are you wrong?

      Even so, the common folklore story is (or was) that Steve Jobs came up with the Apple name while listening to Beatles records.

      Well, I heard a folklore story that Steve Jobs eats small children. Doesn't mean it's true.

    8. Re:You say you want a revolution? by fossa · · Score: 1

      I thought the name "Apple" came from Steve's job in an apple orchard. The biography at Mac News World states "1976: On April Fool's Day, Jobs and Wozniak incorporate Apple Computer. The name has its roots in the Beatles' record label and Jobs' time working in Oregon apple orchards."

      The article Apple Trademark Battle With The Beatles Goes to UK High Court suggest that Apple Computer and Apple Corps. had reached an agreement after several previous trademark disputes.

    9. Re:You say you want a revolution? by lysergic.acid · · Score: 1
      He said the computer company had paid the Fab Four's firm U.S. $26.5 million as part of the 1991 out-of-court settlement, and in return had received "a considerably expanded field of use.".

      ...sounds like a licensing agreement to me.

      And if you search for "Apple music" on google, you're gonna get thousands of hits about iTunes, not about the record label. That's the problem with Apple Computers going into music. I'm usually against these trademark/patent/IP lawsuits, but I think Apple Corps. has a legitimate case here. The whole point of the previous settlement was to prevent these kinds of problems from occuring and Apple Computers just outright disregarded the provisions of their license agreement.

    10. Re:You say you want a revolution? by glas_gow · · Score: 1
      Apple Computers licensed their name from Apple Records. That's all the proof anyone needs.

      Apple Computers struck an agreement (not a license) with Apple Corp. in 1991, after a lengthy dispute.

      Apple Computers have used the Apple name since 1976. I don't see how an agreement struck in 1991 proves that Apple Computers took the idea from a Beatles record.

    11. Re:You say you want a revolution? by artemis67 · · Score: 2, Funny

      Steve Jobs is the Walrus.

    12. Re:You say you want a revolution? by H8X55 · · Score: 1

      This is a cheap attempt for Apple Records to get money from Apple.

      a lot more money...

      From TFA:

      He said the computer company had paid the Fab Four's firm U.S. $26.5 million as part of the 1991 out-of-court settlement, and in return had received "a considerably expanded field of use." The terms of the deal were kept confidential at the time.

    13. Re:You say you want a revolution? by LordOfTheNoobs · · Score: 3, Funny
      ... but not on content distributed on physical media ...
      Damn, too bad someone discovered a nonphysical way to distribute music.
      --
      They're there affecting their effect.
    14. Re:You say you want a revolution? by NutscrapeSucks · · Score: 1

      If this was true, then why isn't it more widely known.

      What do you think we're talking about? Obviously you are aware of this license agreement or you wouldn't be here.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    15. Re:You say you want a revolution? by jefu · · Score: 2, Interesting
      "Revolution" was written by John Lennon who, I seriously doubt, has had much to do with Apple Records for the last 25 or so years.

      Indeed, I doubt that George Harrison had much to do with this decision.

      Ringo or Paul, I don't know about, but I suspect the decision may have had more to do with protecting their trademark than anything else. Since trademark is one of those things that you have to actively defend, its most probable that the lawyers for Apple Records made the decision and who knows if any of the original Beatles were consulted (even by Ouija Board).

    16. Re:You say you want a revolution? by NutscrapeSucks · · Score: 1

      Apple Computer paid millions of dollars for the right to use the "Apple" name in certain fields. Please explain how that's not a license agrement.

      I don't see how an agreement struck in 1991 proves that Apple Computers took the idea from a Beatles record.

      I didn't say it did -- only that it was a commonly repeated folklore story in the 1980s. Besides, what do any of us know about what Jobs/Woz may have admitted to under deposition? They may well have fessed up to it!

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    17. Re:You say you want a revolution? by EnronHaliburton2004 · · Score: 1

      If you search for "Apple music" on google, you're gonna get thousands of hits about iTunes, not about the record label.

      Not only that, but I get results for a dozen different organizations before I see mention of "Apple Records", even if I strip out the word iTunes & "Apple Computer" Why not sue those guys?

      Apple Records doesn't show up in in the top results for a Google search because people don't talk about it very often. It's an old, has-been company.

      If they want better name recognition, perhaps they should try to produce something new, instead of rehashing old releases. "Apple Records" hasn't really produced anything signifigant in a couple decades, and they can't blame Apple Computer for that failure.

      Again, nobody is going to mistake "iTunes" for the "Apple Records" music label. Apple is not leeching off the popularity of Apple Corps Ltd. Maybe this was true when they started back in 1978, but it is not true today. And if I recall, Apple Corps Ltd was a complete failure as a company, with the exception of the record label. Who'd want to leech off of that?

    18. Re:You say you want a revolution? by EnronHaliburton2004 · · Score: 1

      We're talking about the lawsuits, which may not involve any sort of license agreement.

    19. Re:You say you want a revolution? by glas_gow · · Score: 1
      I've looked at your post above and I can't find where you mention the folklore story until now. And I don't think anyone is disputing that Apple may have copied the idea from a Beatles record. I just don't think that the 1991 agreement proves it.

      If the 1991 agreement was a license agreement then there would be a disclaimer on every Apple Computer product, to the effect that the Apple Trademark is owned by Apple Corp and licensed to Apple Computers.

      Apple Corp had the Trademark first, and the 1991 court would probably have ruled accordingly, so it stands to reason Apple Computers would pay to settle the dispute. But all this is moot, since the contents of the agreement (with the exception of the issues made public by the present case) remain private to the parties of the agreement. IANAL, but I'm sure licenses have to be made public at some government body.

      --

      I hope apple wins, and says to the other apple (I'm not saying which is which), "How do you like them apples?"

    20. Re:You say you want a revolution? by lysergic.acid · · Score: 1

      Apparently, search engines have a hard time making that distinction. And whether or not Apple Records has released any new pop sensations doesn't really have any relevance to the issue. They were the first to adopt the name for their company; apple Computers agreed to stay out of music to avoid confusion, but have now broken that agreement, so legal actions have been taken. Legal agreements shouldn't be contingent on commercial success. I'm pretty sure Apple Records is still doing a lot more business than most small-time indie labels, does that mean that the law shouldn't protect the trademarks of small indie labels?

    21. Re:You say you want a revolution? by EnronHaliburton2004 · · Score: 1

      They were the first to adopt the name for their company; apple Computers agreed to stay out of music to avoid confusion, but have now broken that agreement,

      I'm not sure that's true. From the Wikipedia Article:

      The 1991 settlement outlines the rights each company has to the Apple trademark. While Apple Corps was given the right to use the name on any "creative works whose principal content is music", Apple Computer was given the right to use the name on "goods or services...used to reproduce, run, play or otherwise deliver such content," but not on content distributed on physical media.[1] In other words, Apple Computer agreed that it would not package, sell or distribute physical music materials.

      It seems like Apple Corps agreed to allow Apple Computer to "reproduce, run, play or otherwise deliver such content".

      The "but not on content distributed on physical media" is a little ambuguous-- I'm not sure if this means "If it's on a CD, Apple Computer cannot deliver it electronically", or if it means "Apple cannot distrubute music on physical media"

      And again, any party has the right to break a business agreement. Maybe they need to pay a fine or face some other consequence, but you can still end the agreement in most cases.

    22. Re:You say you want a revolution? by ZakuSage · · Score: 1


      Hey! think the time is right for a palace revolution
      But where I live the game to play is compromise solution
      Well, then what can a poor boy do
      Except to sing for a rock 'n' roll band
      'cause in sleepy london town
      There's no place for a street fighting man
      No

      For those who don't know Street Fighting Man was intended as a response by the Rolling Stones to Revolution by the Beatles.

    23. Re:You say you want a revolution? by feijai · · Score: 2, Informative
      I didn't say it did -- only that it was a commonly repeated folklore story in the 1980s. Besides, what do any of us know about what Jobs/Woz may have admitted to under deposition? They may well have fessed up to it!

      "Common" only to you.

      The standard story about how Apple got its name was that Steve Jobs (who was working at an apple orchard at the time) threatened to call the company "Apple Computer", after the orchard's fruit, if no one could come up with a better name by 5 pm. Didn't have a damn thing to do with Apple Records.

    24. Re:You say you want a revolution? by NutscrapeSucks · · Score: 2, Interesting

      Obviously there's been decades of "spin" around the issue, so at this point there's plenty of folklore to go around. But, Apple Computer has been licencing their trademark from Apple Records since 1981 (long before they had a sound chip even), so if you follow the money, it's pretty obvious why.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    25. Re:You say you want a revolution? by BeerCat · · Score: 2, Interesting

      I'm pretty sure Apple Records is still doing a lot more business than most small-time indie labels

      I doubt it. They seem to have lost all business acumen lately. As for Apple Corps it is missing out on one revenue stream by not allowing Beatles music to be sold on iTunes., as well as any revenue from allowing sampling from Beatles tracks.

      Of course, there is one Beatles track on iTMS featuring one of the members of the Fab Four - the http://digital-lifestyles.info/display_page.asp?se ction=cm&id=2359>Paul McCartney / U2 version of "Sgt Pepper", so Apple music have already lost by allowing precedent. Since Apple Corps have also sued EMI (who only distributed all the music!), they have about as much sense as SCO, and deserve nothing (and that's without the /. anti-SCO meme).

      --
      "She's furniture with a pulse"
    26. Re:You say you want a revolution? by eclectic4 · · Score: 0, Offtopic

      "For the record, I don't like Apple. "

      I am an Apple user, but I still don't "hate" Microsoft. I simply realize that their OS (and bundled apps) is inferior. Such stong feelings for a company isn't natural... strange indeed.

      --

      "The greatest obstacle to discovery is not ignorance - it is the illusion of knowledge." - Daniel Boorstin
    27. Re:You say you want a revolution? by BeerCat · · Score: 2, Informative

      I'm pretty sure Apple Records is still doing a lot more business than most small-time indie labels

      Business, maybe, but money, no:

      The company hasn't posted huge profits: For the year ended Jan. 1, 2005, Apple Corps claimed a loss of nearly $950,000.

      --
      "She's furniture with a pulse"
    28. Re:You say you want a revolution? by lysergic.acid · · Score: 1

      I used to work for an indie metal label, and I can tell you that iTunes is not exactly indie-friendly. In order for most indie labels to get their music on the iTMS you need to apply under a larger label that serves as an intermediary for many smaller labels. Apple will not deal with most indie labels directly, and they won't put up your music unless they think it's marketable. Not surprisingly, a lot of indie labels don't have their catalogs available on iTunes. Ofcourse, one can still do pretty well without being on the iTMS.

      And I'm not clear on the EMI lawsuit you refer to or what relevance it has on this case.

    29. Re:You say you want a revolution? by Jafafa+Hots · · Score: 2, Informative
      Neither owns a "copyright" on using the name Apple to sell music. Copyrights are not trademarks, trademarks are not patents, patents are not copyrights. They are all different, the laws surrounding their use are all different, their durations are different, and what qualifies as "infringement" of them is all different.

      The general public always gets them confused, and the companies exploit this confusion as yet another way to con people into thinking the companies have more rights than they actually do.

      --
      This space available.
    30. Re:You say you want a revolution? by farble1670 · · Score: 0
      But come on, it's been years since they heyday of Apple Corp. All of my beatle albums have a big "EMI" logo on them. Nobody is going to mistake Apple Computer for Apple Records. This is a cheap attempt for Apple Records to get money from Apple.

      your argument essentially says apple computer should be able to walk all over a smaller company because the smaller company is irrelvant and unknown. the law doesn't work like that, thank goodness.

      for a thought exercise, replace apple computer with microsoft, or sony, and ask yourself if you feel the same way.

    31. Re:You say you want a revolution? by Anonymous Coward · · Score: 0

      What does Apple Inc do with selling music though a download service or with this alwsuit, for that matter?

    32. Re:You say you want a revolution? by hunterx11 · · Score: 2, Insightful

      When it comes to trademarks, this is basically the case.

      --
      English is easier said than done.
    33. Re:You say you want a revolution? by andreyw · · Score: 1

      Well, now that you've said, it must be true. How could we be so blind. Move on people, nothing to see here.

    34. Re:You say you want a revolution? by EnronHaliburton2004 · · Score: 1

      Replace Apple Computer with your little Punk record label, "Green Apple Records". Now who's the goliath?

    35. Re:You say you want a revolution? by feijai · · Score: 1
      Obviously there's been decades of "spin" around the issue, so at this point there's plenty of folklore to go around. But, Apple Computer has been licencing their trademark from Apple Records since 1981 (long before they had a sound chip even), so if you follow the money, it's pretty obvious why.
      Uhm, could it be because the Apple ][ was more than capable of producing music? In 1978? And Apple Records was worried about trademark dilution?

      Apple has not been "licensing" their trademark from the Beatles. They paid a lump sum for partial rights.

    36. Re:You say you want a revolution? by DRM_is_Stupid · · Score: 1

      I think companies get pissed when a potential business opportunity is missed due to trademark infringement, even if it's unlikely that Apple Corp. will come close to ever reaching the level of iTMS success, or even if they would have never even bothered to think about entering an iTMS-like online music store business model had there not been a trademark conflict. To avoid conflict, maybe Apple Computer should use a different name for their music store -- for example, instead of calling it Apple Music Store, they could call it the iTunes Music Store. Oh, wait...

    37. Re:You say you want a revolution? by NutscrapeSucks · · Score: 1

      They paid a lump sum for partial rights.

      Which is pretty much the definition of a license.

      (Please don't make any more points about words you don't understand.)

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    38. Re:You say you want a revolution? by Kadin2048 · · Score: 2

      This is totally untrue. An out-of-court settlement is in no way necessarily a license. The only thing that happened is that Apple Computer paid Apple Records a bunch of money, and they dropped their suit. Nobody here knows anything else. The terms of that deal were confidential, as was the amount paid, and pretty much anyone quoting it is repeating hearsay. It may or may not be correct hearsay, but it's not definitive. The Wikipedia article on the topic claims that Apple Computer's field of use specifically disallowed music distributed on physical media; if this is true then they are probably in the clear today. But of course, nobody can claim to know this unless they have inside access to the documents (or until they become part of the public record in the new suit).

      Apple Computer never licensed the Apple trademark from anyone. I think you're the one who's misusing the word here.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    39. Re:You say you want a revolution? by ceoyoyo · · Score: 1

      I don't get it. Here your trademark only extends to competitors who might reasonably be confused with you. If I start up Apple Sewage Pumping Services it's not a problem. I pump sewage, they sell computers, the other they sues companies.

      Now, since Apple started doing some stuff in the music business things have gotten a bit closer to being a problem. However, Apple sells iPods and distributes music tracks. The other Apple, well, they used to PRODUCE music, but they don't anymore. Apple Computer doesn't produce music.

    40. Re:You say you want a revolution? by NutscrapeSucks · · Score: 1

      I love how you pointed out the agreements are "confidential" and then proceed to bullshit about exactly what they contained.

      We do know this -- Apple Computer paid millions of dollars so that they could use the word "Apple" in certain, specific ways. That's either an explicit trademark license or effectively the same thing as a trademark license.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    41. Re:You say you want a revolution? by Kadin2048 · · Score: 1

      I prefaced my comments by saying the same thing that everything in this discussion should say: it's all nothing but a bunch of hearsay and conjecture. However, unlike you, I never passed any of my claims off as definitive.

      And you're even wrong when you say "We do know this -- Apple Computer paid millions of dollars..."; I've seen a much lower number quoted, in fact the Wikipedia article even says $80,000. So don't say that as if it's a known fact, either.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    42. Re:You say you want a revolution? by farble1670 · · Score: 1
      i challenge you to find someone that doesn't understand the link between apple computer, itunes, and the ipod. apple's whole scheme is to tightly integrate all of these things so they build off each other.

      i'd agree with you if itms was actually a different company, but it's not.

    43. Re:You say you want a revolution? by SEE · · Score: 1

      Apple Corps did not merely produce music. Among other activities, it also had a division named Apple Electronics that, interestingly enough, made portable music players. So when Apple Computer made electronics able to play music -- the Apple IIgs -- Apple Corps sued, and Apple Computer decided to settle rather than fight out the trademark battle. Which is why the specific terms of that settlement are so important.

      Let's asume, for example, that the judge holds that Apple Computer did violate the trademark agreement, but also rules that the violation did not cause damages because there was no confusion over trademark generated. That would still end the agreement, and Apple Corps could then seek to resume their involvement in the music player industry from which they've been excluded since 1991 . . say, by releasing an apple-shaped radio like before, but this time with a Flash-based MP3 player integrated.

    44. Re:You say you want a revolution? by mr100percent · · Score: 1

      Plus it was reported that Apple Computer got its name after a joke around the term "byte."

    45. Re:You say you want a revolution? by onecheapgeek · · Score: 1

      So is it defending a trademark if you wait more than 2 years and 1 billion downloads? Seems to be that if the music Apple were all that concerned they would have done something before now...


      ...but they wouldn't get as money if they hadn't waited.

    46. Re:You say you want a revolution? by feijai · · Score: 1
      (Please don't make any more points about words you don't understand.)

      Let's start at the top of your goalpost-moving spectacle, jackass. We begin with this claim:

      Well then, maybe Apple Inc shouldn't have "innovated" their company name by copying it off a Beatles record.

      This is, not to put too fine a point on it, baloney. Apple was named Apple because of Steve Jobs's current part-time profession. You got called to the mat for your malarky, but instead of backing down, you just made the same bald baloney assertion, now coupled with an additional claim that Apple licensed "its name" from Apple Records:

      Apple Computers licensed their name from Apple Records. That's all the proof anyone needs. Even so, the common folklore story is (or was) that Steve Jobs came up with the Apple name while listening to Beatles records.

      You got called to the mat on that one as well. Apple struck a trademark agreement with Apple Corps, not a license. But on you went moving the goalposts further:

      Apple Computer paid millions of dollars for the right to use the "Apple" name in certain fields. Please explain how that's not a license agrement.
      I don't see how an agreement struck in 1991 proves that Apple Computers took the idea from a Beatles record.

      I didn't say it did -- only that it was a commonly repeated folklore story in the 1980s. Besides, what do any of us know about what Jobs/Woz may have admitted to under deposition? They may well have fessed up to it!

      Yes, who indeed knows? Since none of us knows, let's just make stuff up! Steve Jobs struck a deal with space aliens. Who knows if he didn't? Certainly you and I don't. And it's a commonly repeated folklore? Where? By whom? Did you just pull this out of your butt? It's commonly assumed you did. So I call you to the mat on that, and you move the goalposts even further:

      Obviously there's been decades of "spin" around the issue, so at this point there's plenty of folklore to go around. But, Apple Computer has been licencing their trademark from Apple Records since 1981 (long before they had a sound chip even), so if you follow the money, it's pretty obvious why.

      "Has been licensing" implies repeatedly obtaining licenses (or paying for them). Apple has done nothing of the sort, so far as we know. They struck a deal with Apple Records: as long as Apple kept on its side of the trademark, and paid Apple Records off, Apple Records wouldn't sue. And then you had that fun bit about "sound chips" and "following the money", not really knowing what you're talking about there. But after I called you on that, you didn't respond. You just moved the goal posts again:

      They paid a lump sum for partial rights.

      Which is pretty much the definition of a license. (Please don't make any more points about words you don't understand.)

      Yeah. Thankfully, I know what a license is. But "licensed in 1981" is different from "has been licensing since 1981". You claimed, IMHO, that Apple has been repeatedly obtaining licenses from Apple Records, rather than receiving a one-time right for a one-time sum. You also claimed that Apple was named after a Beatles record, that Apple "bought its name" from Apple Records, and that it must have been before 1981 because that was before there was a "sound chip" in the machine. Can you just back down and admit you don't know what the hell you're talking about? It'll make us all feel a little better about feeding a troll.

    47. Re:You say you want a revolution? by NutscrapeSucks · · Score: 1

      It's really funny watching your peabrain grapple with the irrelvant difference between a "trademark agreement" and a "trademark license", but ultimately it doesn't matter -- Apple Computer can only use the "Apple" trademark according to their agreements with Apple Records. Fact.

      And the story about Steve Jobs naming Apple while listening to Beatles records has been repeated in numerous of histories of the company. Even if it is "Baloney", Apple Records was still a widely known brandname in the 1970s, one that Steve Jobs was certainly aware of. And even if he wasn't, Apple Records was still there first. And that's why Apple Computer paid money for use of the term "Apple".

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    48. Re:You say you want a revolution? by Anonymous Coward · · Score: 0
      For the record, I don't like Apple. But these lawsuits are pretty farging lame.


      The problem is that Apple Computer paid. This lawsuit is based on the settlement from a previous suit, a suit Apple Records would likely have lost. The moral of the story is clear--if you are ever given the choice of spending $X to win a lawsuit, or $X/10 to make it go away, you often save money by spending more now and killing it forever.

      It is much, much easier for someone to win saying you violated a previous settlement than for them to win saying that you are violating trademark law.
  4. apple vs apple.. by Anonymous Coward · · Score: 3, Funny

    ...vs orange?

    1. Re:apple vs apple.. by Anonymous Coward · · Score: 0

      They're ganging up on it... :)

    2. Re:apple vs apple.. by amliebsch · · Score: 2, Funny

      Go banana!

      --
      If you don't know where you are going, you will wind up somewhere else.
    3. Re:apple vs apple.. by Anonymous Coward · · Score: 0

      Leave them alone orange make good mountain bikes, or is that mobile phones?

    4. Re:apple vs apple.. by cultrhetor · · Score: 0

      I was in the state farmer's market last fall, and I saw THOUSANDS of apples. TONS of different kinds, all of which were for sale. I happened to be listening to the Beatles on my iPod at the time, thinking about Isacc Newton and gravity. Anyway, in one stall, this farmer had six different kinds of apples, some really tasty apple cider, and his wife and daughter were selling apple butter. His son - obviously a college student at the local agriculture school - was keeping track of money with an iBook.

      I wonder if, in our present litigious clime, they, too, are liable for suit?

      --
      "Tu fui, ego eris" - Virgil
  5. mmmmm.... by sjg · · Score: 0, Offtopic

    I like my apples with that yummy caramel stuff.

  6. The result: by yootje · · Score: 0, Offtopic

    Applesauce. Sweet.

    1. Re:The result: by Anonymous Coward · · Score: 0

      The sweet juice
      flowing in cake
      now cold

  7. It's a No Brainer by repruhsent · · Score: 0, Insightful

    Apple (the Beatles' music label) had the name first so they should be able to dictate what happens with the trademark when it comes to music, plain and simple. Apple (the computer company) agreed that they would only use the Apple brand for computing products. The iPod and the iTunes Music Store are definitely not computing products, so it looks like they breahced the contract.

    The music label should win. It's that simple.

    1. Re:It's a No Brainer by jav1231 · · Score: 3, Insightful

      I disagree. Apple Comp. is not cutting records of bands and selling it. Anyone who thinks the trademark will be caught in confusion is an idiot or a crook. In this case, I think it's obvious. It's easy to hide behind, "We have to defend our trademark" like Apple Corp. but in reality they're either so blindly self-absorbed that they think this is really going to confuse people or they are simply suing because they can. True there was an agreement before but frankly it should have never been signed. I'm not sure iTunes constitutes a breach of that. Who knows.

    2. Re:It's a No Brainer by Anonymous Coward · · Score: 2, Funny

      The iPod and the iTunes Music Store are definitely not computing products

      if you can show us how to use iTunes and the iPod without a computer you are a better man than most of us

    3. Re:It's a No Brainer by oirtemed · · Score: 1, Troll

      It isn't that simple, No Brainer. Trademarks exist to protect the consumer and the basis is that one could get the two brands mixed up. Now Apple Records may be pissed off that no one in the US cares about them, Beatles reissues aside, but that doesn't make their case legitimate. While it could be argued that Apple the computer company breached the previous contract, the previous contract should have never needed to be made. Apple isn't using their name to make a publishing company. Should a music store called "Apple Music Store" be denied because of the Apple Records trademark, nooooooooooooo. Nor should a stereo company called Apple Stereos. Only a record company, plain and simple. And..honestly..if you don't think the ipod and itunes are 'computing' products, you need an IQ test.

    4. Re:It's a No Brainer by Egregius · · Score: 1

      GP put it wrong. The original Apple vs Apple settlement/court order (I don't remember) specifically stated that Apple computers was allowed to keep using the Apple logo, as long as, and only as long as they didn't do ANYTHING with music. And now they've become a music label by proxy; clearly Apple Corp (the Beatles' label) has 'right on their side'. The only thing I don't understand is how Apple computers could've been so stupid, and why Apple music waited so long with this case.

    5. Re:It's a No Brainer by NutscrapeSucks · · Score: 1

      True there was an agreement before but frankly it should have never been signed.

      It's never been debatable -- Apple Computers was named in homage to Apple Records. Apple Computer either signed the agreement or they would have had to rename the company.

      Also, Apple Records was not some obscure outfit. Every Beatles LP had an Apple logo in the center. Every 1970s kid (aka Steve Jobs) knew who Apple Records was. Just because Apple Inc has outmarketed Apple Records in recent years doesn't change the reality of Apple Computer was named.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    6. Re:It's a No Brainer by jrockway · · Score: 2

      Apple's not selling music under the Apple name, they're selling it under the "iTunes" name. Unless Apple Records has a trademark on iTunes, Apple Computer has nothing to worry about.

      --
      My other car is first.
    7. Re:It's a No Brainer by jrockway · · Score: 1

      > Nor should a stereo company called Apple Stereos.

      Interestingly, there is a speaker company called McIntosh, and they did have a disagreement (and eventual ca$h settlement) with Apple many years ago. :)

      --
      My other car is first.
    8. Re:It's a No Brainer by pauljlucas · · Score: 1
      Also, Apple Records was not some obscure outfit. Every Beatles LP had an Apple logo in the center. Every 1970s kid (aka Steve Jobs) knew who Apple Records was. Just because Apple Inc has outmarketed Apple Records in recent years doesn't change the reality of Apple Computer was named.
      What about outsold in recent years? What has Apple Records released since the Beatles? It seems the only reason Apple Corp. still exists is to milk the Beatles songs.

      Now if Apple Records was still releasing new music, they'd have a case for "brand confusion." But today, any time "Apple" is mentioned to anybody, they rightly associate it with Apple Computer.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    9. Re:It's a No Brainer by gfxguy · · Score: 1

      Yeah, I can see this either way; it's hard to be an armchair lawyer when nobody seems to know the exact details of the original settlement.

      But I'd go further with your observation... Apple is selling music, but they are not a music publisher. They are a music reseller, like Tower Records, just in a different format. Even if they used "Apple" in the name of the store, I don't think it should cause problems with the music publisher.

      --
      Stupid sexy Flanders.
    10. Re:It's a No Brainer by prockcore · · Score: 1

      The fact that Apple Computer owns applemusic.com tells me that Apple Corps has a case.

    11. Re:It's a No Brainer by weg · · Score: 1

      Yeah, but they probably don't want to dictate what happens to the name. My guess is they just want some money from Apple (Cupertino) ;-)

      --
      Georg
    12. Re:It's a No Brainer by amliebsch · · Score: 1
      Apple is selling music, but they are not a music publisher. They are a music reseller, like Tower Records, just in a different format.

      I would have agreed with you in the past. But their system for for-profit "podcasts" - which is really just digital publishing when you get right down to it - I think definitiely pushes it into the "publisher" or even "label" category.

      --
      If you don't know where you are going, you will wind up somewhere else.
    13. Re:It's a No Brainer by NetRAVEN5000 · · Score: 2

      No, the Beatles' music label is Apple Corps. People usually call it Apple Corps. Not Apple.

      No company should have the right to the word "Apple" - it's a common word. So, as long as the full name of the company is different it should be OK, IMO. No one's going to ever confuse Apple Corps with Apple Computer.

    14. Re:It's a No Brainer by NutscrapeSucks · · Score: 1

      It seems the only reason Apple Corp. still exists is to milk the Beatles songs.

      In what way is that illegitimate?

      It seems like the "pro-Apple" argument here is that big companies have the right to squat on the trademarks of little companies. At least you guys are being forthright about your approval of bullying.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    15. Re:It's a No Brainer by CrazyTalk · · Score: 1

      IANAL, but That's a pretty simplistic view. The iPod and iTunes ARE computing products. They are not a music label; they do not produce their own music. They are merely selling music players, and don't compete directly with Apple Corps, the music company. Also, there is little to no chance that anyone would mistake the two. When Apple Computer starts signing bands, thats when things could get sticky. Then there is the whole issue of the legality of trying to trademark the name of a piece of fruit in the first place...

    16. Re:It's a No Brainer by NetRAVEN5000 · · Score: 1
      "I would have agreed with you in the past. But their system for for-profit "podcasts" - which is really just digital publishing when you get right down to it - I think definitiely pushes it into the "publisher" or even "label" category."

      Podcasts are usually newscasts or interviews, though, not music. And most podcasts aren't published by Apple - Apple just lets you use the iTunes software to get them. In fact, I don't think any podcasts are published by Apple.

    17. Re:It's a No Brainer by pauljlucas · · Score: 1
      There's an "Apple Plumbing, Co." here. Could either they or Apple Computer file suit against the other for illegal use of the trademark? No, because there's no branch confusion. Since Apple Records hasn't done anything new in over 30 years, the term "Apple" is rightly associated with Apple Computer.

      If Apple Records was still an active music label releasing new music, then their case would remain legitimate.

      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    18. Re:It's a No Brainer by amliebsch · · Score: 1
      No one's going to ever confuse Apple Corps with Apple Computer.

      It's not that hard to come up with a scenario where confusion would occur, e.g.:

      PERSON A: Who owns the right to distribute Beatles songs?
      PERSON B: Apple, I think.
      PERSON A: Okay, thanks.

      Assuming that Person A has no prior knowledge of Apple Corps' history, who do you think they are likely to assume that Person B meant by "Apple?"

      --
      If you don't know where you are going, you will wind up somewhere else.
    19. Re:It's a No Brainer by NutscrapeSucks · · Score: 1

      As someone else pointed out, Apple Records released some "new" Beatles material that hit #1 in the charts a couple years ago. No use pretending that Apple Records is not an active concern, it's obviously untrue.

      That Apple Inc spends more money on advertising is not debatable, but I'm not sure if that should affect who is right or wrong.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    20. Re:It's a No Brainer by pauljlucas · · Score: 1
      As someone else pointed out, Apple Records released some "new" Beatles material...
      Rehashing the same old, tired songs once every couple of years (!) just to milk more money doesn't really count as active.
      --
      If you reply, do so only to what I explicitly wrote. If I didn't write it, don't assume or infer it.
    21. Re:It's a No Brainer by zaphod_es · · Score: 1

      Well the Beatles did say:

      The best things in life are free
      But you can keep them for the birds and bees
      Now give me money
      That's what I want

    22. Re:It's a No Brainer by bsane · · Score: 1

      No use pretending that Apple Records is not an active concern, it's obviously untrue.

      Its not entirely unclear what you against.

    23. Re:It's a No Brainer by NutscrapeSucks · · Score: 1

      It doesn't matter -- you are expending a ton of effort to make a moot point.

      Would you ever argue that Apple Computer deserves to lose their trademarks because they "rehashed" the same "old, tired" operating system for the entire 1990s? Of course not -- Apple can do next to nothing and still own "MacOS(tm)" as long as they are still around. It's a ridiclous position to take.

      What does matter is that (1) Apple Records was there first, (2) Apple Records is not defunct, and (3) Apple Inc has licenced the trademark for certain fields of endevor from Apple Records.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    24. Re:It's a No Brainer by balloot · · Score: 1

      What's your point? All that means is that Apple Computer is currently the most relevant company with the Apple moniker and would come to mind far before a record label that primarily distributes 35 year old songs. It's not illegal to have the same name as another company. And it's not illegal to be much bigger than the other similarly named company so that your company generally comes to mind first when the shared name is used. The agreement was that Apple Computer would never become a record label, and they definitely are not a record label. Their services don't overlap the services of Apple Corps in any way whatsoever, so I don't see how Apple Corps. has a case here.

    25. Re:It's a No Brainer by qzulla · · Score: 1
      No, the Beatles' music label is Apple Corps. People usually call it Apple Corps. Not Apple.

      I have never called them that. In my world it has always been Apple records or just Apple. I seldom refer to Apple computers as Apple computers. I refer to them as Macs or G5s ;)

      Actually someone might confuse Apple Corps with Apple computers but I doubt they will confuse them with Apple records.

      I don't make a penny off this but the Apple Corps thing rang a bell. House was the bell. It is a good book (as is The Soul of a New Machine) and Apple Corps were the contractors building the house.

      They haven't been sued yet.

      Yeah, I know... music.... houses.... no connection and no one is going to confuse the two.

      Apple Computer.... Apple records.... Apple sells music.... Apple sells Beatles music... Apple doesn't sell Beatles music... my brain hurts!

      Anway, I seem to recall somewhere where the agreement stated that Apple (the computer one) would not sell physical media. Can't find any evidence at the moment.

      From TFA: Apple Corps was started by The Beatles in 1968 and is still owned by Paul McCartney, Ringo Starr, the widow of John Lennon and the estate of George Harrison.

      The last I heard they don't need any money.

      Back in 1970 Paul sued the others over a money issue. Read the part about Allen Klein.

      Today they are worth a lot of money.

      So who wants the money from the suit? I would guess it is not one of the original Beatles.

      qz

    26. Re:It's a No Brainer by Anonymous Coward · · Score: 0

      Using the same logic I could produce an Apple Macintosh handheld because Apple does not make one yet and I am not competing with them.

      The products in question definately fall within the realm of the music industry (whether they are computing also is beside the point). Apple Records could make their own music distribution site tomorrow without going outside their industry and resonable spectrum.

      Trademarks do not require an exact match, only something close. You can not call your movie rental shop "Sony Pictures" either.

      From this point Apple is clearly wrong. However, the word Apple is common English and not a valid trademark in the first place!

    27. Re:It's a No Brainer by Anonymous Coward · · Score: 0

      So...in your opinion my new Apple Macintosh Handheld does not infringe on Apple Computing since the products are not exactly the same; regardless of being in the same industry. Excellent.

    28. Re:It's a No Brainer by NetRAVEN5000 · · Score: 1

      . . . that was exactly the point I was trying to make. . .

    29. Re:It's a No Brainer by Secret+Agent+X23 · · Score: 1
      Rehashing the same old, tired songs once every couple of years (!) just to milk more money doesn't really count as active.

      But when revenues continue to come in, that counts as active.

    30. Re:It's a No Brainer by CrazyTalk · · Score: 1

      Except, the settlement between Apple and Apple back in the 90s didnt prohibit Apple from creating software or hardware to play music, if I recall correctly - they just couldn't become a music publisher/music label. Apple computer already paid millions in their settlement, and as far as I know has not voiltated their agreement.

    31. Re:It's a No Brainer by NetRAVEN5000 · · Score: 1
      "I have never called them that. In my world it has always been Apple records or just Apple. I seldom refer to Apple computers as Apple computers. I refer to them as Macs or G5s ;)"

      How do you get "G5" from "Apple Computer"? I could see you calling them "Apple" maybe, but. . .

      "Actually someone might confuse Apple Corps with Apple computers but I doubt they will confuse them with Apple records."

      . . . you do realize that Apple Corps and Apple Records are both the same company?

      "Apple Computer.... Apple records.... Apple sells music.... Apple sells Beatles music... Apple doesn't sell Beatles music... my brain hurts!"

      Apple doesn't sell Beatles music.

      Neither Apple sells Beatles music. Apple Corps doesn't sell Beatles music - in fact, they don't sell music at all. Apple Computer is the one that sells music.

      "So who wants the money from the suit? I would guess it is not one of the original Beatles."

      I'm guessing it's Yoko.

    32. Re:It's a No Brainer by MojoCoder · · Score: 1
      I totally agree! Apple Records, regardless of whether or not Apple Computers could or could not be confused with the record company, was in existence first, and should have precedence in matters concerning the name/logo Apple. No other criterion matters! The record company came first, and that is that.

      Do any of you think that one would not get sued beyond belief if, for example, one tried to open a restaurant with the name Microsoft, because the hamburger buns that the restaurant serves it's hamburgers on are "Micro Soft"? If so, I have a bridge to sell to you!

    33. Re:It's a No Brainer by qzulla · · Score: 1
      What has Apple Records released since the Beatles?

      Well, we have Mary Hopkin way back when.

      Then we have Badfinger. Looks like their first five albums were on Apple records. I happen to like Badfinger. I have Magic Christian Music on vinyl unopened. I suggest this one. It was a boot they released themselves with little or no enhancement. Great live music!

      But I can't think of any more. I thought Klaatu was but was mistaken.

      Just google around. You find some interesting related stuff.

      But yeah, nothing recent.

      qz

    34. Re:It's a No Brainer by qzulla · · Score: 1
      How do you get "G5" from "Apple Computer"? I could see you calling them "Apple" maybe, but. . .

      Where I work we have Macs and PCs. No one refers to a Mac as an Apple. We call them G5s because we have some G4s and need to identify the model sometimes.

      Anyway, a mac is a Mac, not an Apple in our house. ;)

      . . . you do realize that Apple Corps and Apple Records are both the same company?

      Uh, yeah, and Apple computers is a corporation and Apple Records is but most won't associate Apple Corps with a record company. Just my opinion.

      Apple doesn't sell Beatles music.

      Which one?

      Neither Apple sells Beatles music. Apple Corps doesn't sell Beatles music - in fact, they don't sell music at all. Apple Computer is the one that sells music.

      Gotcha! Apple computers sells music. Apple Corps/Records, the music company, doesn't.

      But you may have a point. I can't find any references at the moment that Apple Corps does anything but own an apple logo and sue Apple computers.

      Didn't Michael Jackson buy the Beatle copyrights?

      So what does Apple Corps really own except a name and apple logo?

      I'm guessing it's Yoko.

      My guess is it is not.

      Japanese born Yoko Ono is not only John Lennon's widow with a net worth of $775 million, she is a granddaughter of billionaire Zenjiro Yasuda, one of Japan's top zaibatsu industrialist leaders. Yasuda Bank had the largest deposits in Japan at the end of World War II. Yoko's father worked for Yokohama Specie Bank in Hanoi from 1941-1945. After World War II ended, the zaibatsu cartels (defined) that backed and built Japan's war machine were broken up. More on Yoko Ono. See Yoko Ono, Hero of Gun Control. For more on Yoko's grandfather Zenjiro Yasuda, see Yasuda Zaibatsu, now Fuji Bank.

      qz

    35. Re:It's a No Brainer by arminw · · Score: 1

      .....So who wants the money from the suit?.....

      That's easy -- it's the lawyers. No matter who wins or loses a lawsuit, the lawyers of both sides always get most of the money involved. There are too many lawyers and that's why there are so many lawsuits of of every kind.

      --
      All theory is gray
    36. Re:It's a No Brainer by arminw · · Score: 1

      .....the restaurant serves it's hamburgers on are "Micro Soft".....

      I could open a restaurant that sell "Milli-Soft" burgers though. They'd still be pretty soft even though 1000 times harder than the Micro kind.

      --
      All theory is gray
    37. Re:It's a No Brainer by NetRAVEN5000 · · Score: 1
      "Where I work we have Macs and PCs. No one refers to a Mac as an Apple. We call them G5s because we have some G4s and need to identify the model sometimes.

      Anyway, a mac is a Mac, not an Apple in our house. ;)"

      *sigh*. Yes, the computer itself is usually called a Mac or a G5. As it should be. But Apple Computer (the company) is usually referred to as Apple or Apple Computer. You don't refer to Apple Computer as Mac or G5.

      "Uh, yeah, and Apple computers is a corporation and Apple Records is but most won't associate Apple Corps with a record company. Just my opinion."

      What? Apple Records = Apple Corps. How are you not going to associate Apple Corps with Apple Records - they're the same.

    38. Re:It's a No Brainer by qzulla · · Score: 1
      *sigh*. Yes, the computer itself is usually called a Mac or a G5. As it should be. But Apple Computer (the company) is usually referred to as Apple or Apple Computer. You don't refer to Apple Computer as Mac or G5.

      I don't know anyone who refers to Apple as Apple computer. They just say "I bought an Apple" or "I bought a Mac/G5" or "I bought iPods for everyone this year for Xmas." or "I bought an iBook for my kid."

      It's kinda weird really. Saying "I bought a Powerbook" is different than saying "I bought a Dell laptop."

      What? Apple Records = Apple Corps. How are you not going to associate Apple Corps with Apple Records - they're the same.

      Maybe because I am old and it has always been Apple records to me. Apple Corps has never entered my reality.

      To be honest I haven't put much thought into it, and probably heard the term Apple Corps in the past, but I can't recall any such term. It has always been Apple Records in my world. I know about the the clothing stores and electronics stuff but that was way back when I was in high school.

      Rats! Now they know how old I am.

      qz

    39. Re:It's a No Brainer by Anonymous Coward · · Score: 0

      Its uh uhh a little different though because an apple is a type of fruit and so no one should own the name Apple. Now as far as I know Microsoft is the name of a company and not a common word.

    40. Re:It's a No Brainer by mr100percent · · Score: 1

      I'm sure Apple Insurance would disagree with you.

      Trademark law doesn't have an issue with different companies with the same name, in different fields. That's why you can have an Apple Computer, an Apple Records, and an Apple Insurance, and an Appleby's restaurant.

    41. Re:It's a No Brainer by MysteriousPreacher · · Score: 1
      *sigh*. Yes, the computer itself is usually called a Mac or a G5. As it should be. But Apple Computer (the company) is usually referred to as Apple or Apple Computer. You don't refer to Apple Computer as Mac or G5.


      You'd be surprised how many people (particularly the less-technical) refer to Apple as Mac. i.e. "I'm on the phone to Mac now". I would say more people say Apple Computers though instead of Apple Computer. Suppose it is a tricky one to remember. I used to have terrible problems running Microsofts Window on my Dells Computerssess. :-p
      --
      -- Using the preview button since 2005
  8. Hm by yootje · · Score: 0, Redundant

    How you like them apples?

  9. I hope by Eightyford · · Score: 5, Funny

    I hope Apple wins.

  10. Who are *you* calling "a moron in a hurry"? by john-da-luthrun · · Score: 5, Informative

    The CNN article gets a little over-excited about Apple Computer's barrister saying that "even a moron in a hurry" could tell the difference between the two brands.

    The lawyer wasn't being gratuitously offensive - the "moron in a hurry" is an established figure in English passing off/trade mark law, like the "man on the Clapham omnibus". The phrase comes from an action for "passing off" (i.e. infringement of an unregistered trade mark) a few years ago, where the court held that there would be no infringement where the only person likely to be confused by two different usages of a mark is the said "moron in a hurry".

    1. Re:Who are *you* calling "a moron in a hurry"? by eln · · Score: 1

      Yes, the CNN story gets a little excited about the phrase, probably because it's somewhat witty and makes a great sound bite. However, to be fair, they did say it was an "oft-repeated legal argument" in the article.

    2. Re:Who are *you* calling "a moron in a hurry"? by TubeSteak · · Score: 4, Informative

      And back when "moron" was a technical term, it meant someone with an IQ between 50-69. A "moron" is now "mild" mental retardation or "educable mentally retarded".

      The word "moron" fell out of medical use, as did imbecile and idiot because the term started getting abused by lay people.

      --
      [Fuck Beta]
      o0t!
    3. Re:Who are *you* calling "a moron in a hurry"? by Anonymous Coward · · Score: 1, Informative

      It probably makes more sense when you realise that 'moron' used to be a clinical term for mentally retarded people, rather than an abusive insult.

    4. Re:Who are *you* calling "a moron in a hurry"? by moonbender · · Score: 1

      The word "moron" fell out of medical use, as did imbecile and idiot because the term started getting abused by lay people.

      And, apparently, law people.

      --
      Switch back to Slashdot's D1 system.
    5. Re:Who are *you* calling "a moron in a hurry"? by mspohr · · Score: 1

      It's really an insult to morons (IQ 50-69) and idiots (IQ Unfortunately, these terms have entered popular language and due to this abuse have been abandoned by the medical community.

      --
      I don't read your sig. Why are you reading mine?
    6. Re:Who are *you* calling "a moron in a hurry"? by Anonymous Coward · · Score: 0

      the "moron in a hurry" is an established figure in English passing off/trade mark law, like the "man on the Clapham omnibus".

      That certainly clears it up, then. Thanks.

    7. Re:Who are *you* calling "a moron in a hurry"? by xx_toran_xx · · Score: 1

      Now it's up to doctors to come up with terms long enough that no one will use them as insults.

      --
      Arrrrrrr
    8. Re:Who are *you* calling "a moron in a hurry"? by DigiShaman · · Score: 1

      Doctors: What a bunch of retards. You would think they would've learned by now. :p

      --
      Life is not for the lazy.
    9. Re:Who are *you* calling "a moron in a hurry"? by Anonymous Coward · · Score: 0

      After talking about a World Wildlife Fund project the reporter spoke of World Wrestling Federation t-shirts being handed out. A moron in a hurry could not distinguish these two organisations just as another reporter had trouble understanding that Boston's Inherited Runs Allowed being good did not mean that the city council supported a certain organisation.

    10. Re:Who are *you* calling "a moron in a hurry"? by Anonymous Coward · · Score: 0

      What were the IQ ranges for imbecile and idiot? are they smarter or dumber than a moron?

    11. Re:Who are *you* calling "a moron in a hurry"? by legirons · · Score: 1

      "The word "moron" fell out of medical use, as did imbecile and idiot because the term started getting abused by lay people."

      By non-clergymen?

    12. Re:Who are *you* calling "a moron in a hurry"? by Zangief · · Score: 1

      Well, the language changes and evolves. It is so sad that moron was a technical term before. Now, its meaning is another. Whine all you want, but such is life.

    13. Re:Who are *you* calling "a moron in a hurry"? by Anonymous Coward · · Score: 0

      Oh. I thought it just meant that they'd be calling Steve Ballmer as a witness.

    14. Re:Who are *you* calling "a moron in a hurry"? by ceoyoyo · · Score: 1

      That's why they use latin and greek. Not only are they long but you can't pronounce them either.

  11. When's the new Badfinger album coming out? by Y-Crate · · Score: 3, Insightful

    Apple Corp is an utterly irrelevant entity that hasn't been a force in the music industry in three decades. I'm willing to bet that a good number of younger Beatles fans have no clue as to who they are. The "threat" Apple Computer poses to their trademark recognition is already nullified by its lack of mindshare. People still love the Beatles' music, but the Apple "label" is just a joke that has slipped out of the minds of many.

    Microware's laughable suit against Apple over the "OS-9" / MacOS 9" "confusion" was on more firm ground than this.

    1. Re:When's the new Badfinger album coming out? by NutscrapeSucks · · Score: 4, Insightful

      While all that might be true, it doesn't change the fact there's some sort of contract between the two.

      The worst outcome in this case appears to be that Apple Inc will need to remove their logo from the iTunes program and maybe pay some money. It's not going to shut down their music ventures and doesn't seem like something that people should get too worried about.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    2. Re:When's the new Badfinger album coming out? by Anonymous Coward · · Score: 0

      I guess that means I can start a car company called Oldsmobile now. After all, it's not like holding a trademark means you retain the rights to a name or anything.

      Except, you know, legally.

    3. Re:When's the new Badfinger album coming out? by slavemowgli · · Score: 2, Interesting

      But they have a contract with Apple Computer, don't they? One that essentially boils down to "we allow you to use our trademarked "Apple" name, and in return, you promise to not enter the music business".

      I may be misremembering things, but if that's what it's like, it seems pretty clear that Apple *has* violated the contract by starting iTunes.

      --
      quidquid latine dictum sit altum videtur.
    4. Re:When's the new Badfinger album coming out? by NutscrapeSucks · · Score: 1

      Aren't trademarks "use it or lose it"? I think eventually you may be able to make a car called Oldsmobile. (I don't know wny you'd want to...) Apple Records might not be signing new bands, but it's still an active trademark used on their back catalog.

      Just because Apple Inc spends a lot more money on commercials shouldn't give them the right to steal trademarks.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    5. Re:When's the new Badfinger album coming out? by Kadin2048 · · Score: 1

      If that was actually the agreement they entered into, yes, they would be in violation. However, I truly doubt that's what was written on the piece of paper they signed. And unless you've seen it, you don't really know. Neither do I. And to the best of my knowledge, nobody outside of the Apple Corps. or their attorneys do either.

      However, another story is that by the agreement "Apple Computer agreed that it would not package, sell or distribute physical music materials" (from the Wikipedia article). Since Apple's music distribution is totally electronic, this would seemingly not violate the agreement.

      It seems to me, based on the fact that the two companies are again taking the issue to court, that the real agreement -- which again, has yet to be publicly and officially revealed -- lies somewhere between these two extremes, such that Apple's conduct appears to be defensible to Apple Computer but leaves open the possibility of a win to Apple Corps.

      If their agreement actually was as you describe, preventing them from entering the music business altogether, then it seems likely that Apple Computer probably could have just purchased Apple Corps., or at least bought the Apple name from them outright: AAPL is sitting on a $8.7 Billion USD war chest, and that's just in cash. Obviously they think that the 1991 settlement protects them, so I doubt very much that the issue is as clear-cut as you and others are making it out to be.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    6. Re:When's the new Badfinger album coming out? by Y-Crate · · Score: 1
      But they have a contract with Apple Computer, don't they? One that essentially boils down to "we allow you to use our trademarked "Apple" name, and in return, you promise to not enter the music business". I may be misremembering things, but if that's what it's like, it seems pretty clear that Apple *has* violated the contract by starting iTunes.
      A little more of an explanation:
      In Britain's High Court, Grabiner rejected Apple Corps' claim that the tech company's iTunes Music Store violated the agreement. He said the computer company had paid the Fab Four's firm $26.5 million as part of the settlement and in return had received "a considerably expanded field of use." The terms of the deal were kept confidential at the time. Grabiner said the "distribution of digital entertainment content" was permitted at Apple Computer under the agreement. "Data transmission is within our field of use," he said. "That's what (the agreement) says and it is inescapable." Apple Corps' lawyer Geoffrey Vos had argued that Apple Computer's music distribution business "was flatly contradictory to the provisions of the agreement."
      Apple Computer seems to have a leg to stand on with this one.
    7. Re:When's the new Badfinger album coming out? by SEE · · Score: 1

      Apple Computer seems to have a leg to stand on with this one.

      Only according to the statements of the attorney for Apple Computer.

      Assuming that a lawyer in a case is doing antything other than making the most forceful argument for his client that he can is a good way to be decieved. Note, for perspective, that according to the statements of the attorneys for the SCO Group, the SCO Group's case against IBM is worth billions of dollars.

    8. Re:When's the new Badfinger album coming out? by Ilgaz · · Score: 1

      Owning rights of the number 1 on that http://www.riaa.com/gp/bestsellers/topartists.asp list makes them a VERY relevant producer entity.

      In case you are afraid of RIAA site or boycott it, I paste it:

      BEATLES, THE 168.5 million "certified" units JUST IN USA.

  12. Sour Grapes, yet again. by nurb432 · · Score: 2, Insightful

    Until they create their own music i dont see a problem with apple computer selling music devices ( and itunes ).

    They really are not *in* the music business, so they arent hurting apple records, so they should just shut up and appreciate the extra sales they get via beatles songs on itunes.

    Just another bloodsucker standing in line to screw the big guy.

    --
    ---- Booth was a patriot ----
    1. Re:Sour Grapes, yet again. by Anonymous Coward · · Score: 0

      Beatles songs *aren't* available on iTunes.

    2. Re:Sour Grapes, yet again. by Anonymous Coward · · Score: 2, Insightful

      Apple records doesn't make music either. They're both distributors.

      *insert flame for not getting it, etc*

    3. Re:Sour Grapes, yet again. by Anonymous Coward · · Score: 0
      "Just another bloodsucker standing in line to screw the big guy"
      ...or maybe just another big guy looking to stomp on anyone that gets in their way!
    4. Re:Sour Grapes, yet again. by nurb432 · · Score: 1

      Well, that should change then.

      --
      ---- Booth was a patriot ----
    5. Re:Sour Grapes, yet again. by nurb432 · · Score: 0, Troll

      Who cares. My point stands. Dont like it, read elsewhere.

      --
      ---- Booth was a patriot ----
    6. Re:Sour Grapes, yet again. by Anonymous Coward · · Score: 0

      Who cares. My point stands. Don't like it, read elsewhere.

    7. Re:Sour Grapes, yet again. by Anonymous Coward · · Score: 0

      Beatle songs are NOT available on iTunes because Apple corp does not agree with Apple-computers distributing music.
      By not allowing them to distribute they allow themselves some legal clout.

      iTunes want to distribute Beatles tracks, they will sell and make both Apples money.

      BUT if apple-corp allowed that to happen and THEN this court case took place the judge would just throw it out

    8. Re:Sour Grapes, yet again. by Anonymous Coward · · Score: 0

      You're both wrong. My point stills. Don't like it, read elsewhere.

    9. Re:Sour Grapes, yet again. by nurb432 · · Score: 0, Troll

      Moron.

      --
      ---- Booth was a patriot ----
    10. Re:Sour Grapes, yet again. by WilliamSChips · · Score: 1

      iTunes doesn't directly distribute music. Apple Corp does.

      --
      Please, for the good of Humanity, vote Obama.
    11. Re:Sour Grapes, yet again. by Quiet_Desperation · · Score: 1
      Well then Apple Corp is even dumber than the original poster thought.

      A fella, a clever fella, would just release their catalog on iTunes and have some sort of "Apple on Apple" promotion and make piles of cash. Instead they are spending money to defend some stupid trademark concept and the only ones who win are, once again, the leech lawyers.

      Apple Corp may be in the legal right, but that doesn't make it rational. There's decisions every day that are legally sound , but make a man want to run screaming into the hills and gather a force of revolutionaries.

    12. Re:Sour Grapes, yet again. by qzulla · · Score: 1
      They really are not *in* the music business, so they arent hurting apple records, so they should just shut up and appreciate the extra sales they get via beatles songs on itunes.

      Uhm, go check out iTunes. They can't make any money with music they don't sell.

      From TFA:

      Most record companies have welcomed iTunes, because -- unlike pirate music sites -- it protects their copyright and collects a fee. But the Apple vs. Apple dispute means that no Beatles music is available on iTunes.

      Go read it before you post, m'kay?

      qz

    13. Re:Sour Grapes, yet again. by the+argonaut · · Score: 1

      Apple records doesn't make music either. They're both distributors.

      No, Apple Computer is a retailer, Apple Corps. is a publisher.

      --
      fuck you.
    14. Re:Sour Grapes, yet again. by Anonymous Coward · · Score: 0

      Moron.
      --
      ---- Booth was a patriot ----

    15. Re:Sour Grapes, yet again. by nurb432 · · Score: 0, Troll

      How original.

      --
      ---- Booth was a patriot ----
    16. Re:Sour Grapes, yet again. by Anonymous Coward · · Score: 0

      How original.
      --
      ---- Booth was a patriot ----

    17. Re:Sour Grapes, yet again. by Anonymous Coward · · Score: 0

      If I had mod points, I'd mod both of you stupid fuckers down just on the merits of this faggotry.

  13. Let's copyright fruit by StinkyPinky · · Score: 3, Funny

    I wonder if Fiona Apple will be made to change her name some time soon.

    1. Re:Let's copyright fruit by Scrameustache · · Score: 4, Funny

      I wonder if Fiona Apple will be made to change her name some time soon.

      I don't know, but I would LOVE it if she'd adopt Gwyneth Paltrow's daughter.

      --

      You can't take the sky from me...

    2. Re:Let's copyright fruit by identity0 · · Score: 1

      Next up in "The People's Frivolous Trademarks Court":

      Capitol Records vs. United States Capitol Building

      The Doors vs. Every Goddamn House On The Planet

      Public Enemy vs. George Bush

      The Rolling Stones vs. Rolling Rock Brewery

      Death Row Records vs. State of Texas

      American Medical Association vs. Dr. Dre (for practicing medicine without a license)

      nothing records vs. nothing (thrown out as too frivolous even for the US court system)

      Virgin Records vs. All Slashdot Users

    3. Re:Let's copyright fruit by WilliamSChips · · Score: 1
      The Doors vs. Every Goddamn House On The Planet
      My house has no doors, you insensitive clod!
      Some more:

      Whoever owns the rights to Nirvana since Cobain died v. Buddhism

      Universal Records v. the whole universe

      Island Records v. the Bahamas

      Warner Brothers v. anybody/anything that ever warned anybody/anything about anybody/anything.
      --
      Please, for the good of Humanity, vote Obama.
  14. Not available anywhere, not just on iTunes by mgkimsal2 · · Score: 4, Informative

    Most record companies have welcomed iTunes, because -- unlike pirate music sites -- it protects their copyright and collects a fee. But the Apple vs. Apple dispute means that no Beatles music is available on iTunes.

    "We haven't unfortunately been able to persuade Apple Corps in relation to their Beatles catalogue," said Grabiner. "But we have persuaded everybody else."


    This dispute has nothing to do with Beatles music being on iTunes. The Beatles music is not available via any digital store, iirc. Yes, a few of the German Tony Sheridan tracks, and 'interview' tracks, but that's about it. The major catalog is not available through any digital download means, not just iTunes. If the Beatles were trying to get back (heh) at Apple Computer, they'd license their material to Napster, or MSN, or Yahoo, or some competing network.

    The Beatles have historically been 'behind the times' technologically, what we might call 'late adopters'. For example, their catalog wasn't available on CD until 1987 - years after CDs were accepted as mainstream. Even going back to the 60's, they were one of the last major bands to 'upgrade' to 8 track recording, having recorded practically their entire career on 4 track recording, even though 8 track recording was certainly available earlier.

    As an aside, I find it a bit funny that people accuse the Beatles of 'cashing in' every so often. While I certainly feel that way myself occasionally, I have to remind myself there's a lot of opportunity they're sitting on which they could still release and all the hardcore fans and baby boomers would still eat it up. I think they've shown a fair amount of restraint so far. I'm thinking of the hours of live concert footage which is available, for example - there's probably another DVD or two which could be put out, plus remastering all the old albums . Witness the Yellow Submarine remaster - *much* better sounding than the original CD - they could reissue all the original CDs and make still millions more, but haven't (yet?) done so. Maybe they never will?

    1. Re:Not available anywhere, not just on iTunes by Tx · · Score: 0, Flamebait

      The Beatles have historically been 'behind the times' technologically, what we might call 'late adopters'.

      By "The Beatles", you presumably mean the talentless gits still cashing in on John Lennons talent? The Beatles as an entity ceased to exist in 1970, but were quite technologically advanced for their day (in terms of production techniques etc).

      --
      Oh no... it's the future.
    2. Re:Not available anywhere, not just on iTunes by mgkimsal2 · · Score: 2, Interesting

      I thought that would come up - the production. It's a mixed bag, really. In some (many!) ways the production techniques (initially or primarily down to George Martin, Geoff Emerick, and others) *were* very advanced (artificial double tracking, for example).

      I probably misspoke, in that the Beatles themselves probably would have preferred 8 track recording earlier than they got it. Had they made it more of a cause earlier on, they probably would have convinced EMI to install 8 track equipment, but instead didn't press that issue (I can't imagine that by 1966 they didn't know it was equipment that was available!)

      I wouldn't say "Apple" or "The Beatles" cash in on Lennon's name/image much - Yoko does that herself. I don't mean "cash in" in a particularly bad way (though it seems you did!). She's just doing good business. The Beatles themselves as a group have 4 good names to cash in on. I would argue that trying to cash in on the names of just one of them simply doesn't work very well - they were very much bigger than the sum of their individual names/contributions, and that's why "The Beatles" as an entity will continue to be a big draw for a long time.

      Will they continue to sell millions per year? Probably not over the long haul, but it's damn impressive that much of their music still sounds fresh today (good production and equipment used all those years ago), and that many of the songs still are able to speak to new generations.

    3. Re:Not available anywhere, not just on iTunes by Tx · · Score: 1

      Really I was just taking the opportunity to take a dig at McCartney ;). Actually I agree, they've been pretty sensible about managing the Beatles legacy.

      I'd guess the reason they've stayed out of the download market is more down to them selling a disproportionate amount of high-added-value box-sets etc, rather than them not being up on technology. That's just a guess on my part, but selling individual tracks on downloads might well have an impact on sales of such items.

      --
      Oh no... it's the future.
    4. Re:Not available anywhere, not just on iTunes by dykofone · · Score: 1

      Hey now, don't forget the Russian Mafia. Allofmp3.com has had The Beatles for a while now; though I'm not sure if a quasi-legal download site really counters your statement that they're not available through digital download. Allof is certainly doing it without permission, but that's a whole other debate.

    5. Re:Not available anywhere, not just on iTunes by Bloke+down+the+pub · · Score: 1
      The Beatles themselves as a group have 4 good names to cash in on.
      Would those names be John, Paul, George and whoever the first drummer was?
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
    6. Re:Not available anywhere, not just on iTunes by Tim+Browse · · Score: 1
      you presumably mean the talentless gits still cashing in on John Lennons talent?

      One day I hope to be as talentless as Paul McCartney.

      quite technologically advanced for their day

      Like this, for example.

    7. Re:Not available anywhere, not just on iTunes by delete · · Score: 1

      This dispute has nothing to do with Beatles music being on iTunes. The Beatles music is not available via any digital store

      In 2003, Apple Corps indicated they had no plans to make Beatles available online. The foolishness of this anti-digital stance was summarised quite succintly here:

      The Beatles seem almost intent on relegating their incredible legacy to irrelevancy. Unlike the move to CDs, which The Beatles deftly milked for all it was worth, what The Beatles are doing now is ensuring that the only way to get their music online is through piracy. The band is driving its perceived value to zero with the next generation of music buyers.

    8. Re:Not available anywhere, not just on iTunes by mc+bean · · Score: 0

      C'mon now, go easy on Paul. He did sing 'Why Don't We Do It in the Road', one of the greatest vocal performances on any Beatles albums ever.

      --
      Coranon Silaria, Ozoo Mahoke
    9. Re:Not available anywhere, not just on iTunes by EnronHaliburton2004 · · Score: 1

      Are they really 'late adopters', or are they just resisting the new technology?

      From what I remember in the early 80's, they thought the quality of CDs was 'inferior' to the quality of vinyl. Many audiophiles had/have this opinion.

      From the lawsuits against Apple, copywright Apple Corp's statements about "online music" and their reluctance to make any music available online makes me think that they really just fear the loss of control over their own music.

      They make millions every year just from the royalties from their albums, and they don't need to lift a finger. It's a nice life, and it's not suprising that they feel threatened by the new music distribution reality.

    10. Re:Not available anywhere, not just on iTunes by FlunkedFlank · · Score: 5, Insightful

      This dispute has nothing to do with Beatles music being on iTunes. The Beatles music is not available via any digital store, iirc. Yes, a few of the German Tony Sheridan tracks, and 'interview' tracks, but that's about it. The major catalog is not available through any digital download means, not just iTunes. If the Beatles were trying to get back (heh) at Apple Computer, they'd license their material to Napster, or MSN, or Yahoo, or some competing network.

      Yep, in fact it goes much deeper than that. The reason they're not on iTunes has nothing at all to do with the agreement between Apple Corps and Apple Computer, it has to do with the agreement between Apple Corps and EMI, who own the rights to the recordings of all Beatles songs. Here's the deal: Neil Aspinall, the man who pretty much is Apple Corps, believes that the contract between Apple Corps and EMI does not give EMI digital distribution rights. Their contract is so old that it contains no clauses (in his opinion) that would grant them such rights. In other words, Neal Aspinall wants to be able to put the Beatles songs online directly licensed from Apple Corps, bypassing EMI completely, with the proceeds going 100% to Apple Corps. But EMI won't go down without a fight, and some people believe that if he makes such a move it could be one of the biggest legal battles in the history of the music industry. (EMI believes that the contract language added to allow them sell CDs does include digital distribution rights.) A lot would be at stake, because if Apple won then it could open the floodgates for tons of older bands to examine their contracts and fight for full digital rights because of muddy or unclear contract language. In any case, Aspinall is in no rush. He doesn't want to take on the fight just yet, but also doesn't want to conceed anything yet by signing off on digital rights.

      (This information was described in an article about Neil Aspinall that I read at some point last year, I think in Blender magazine.)

    11. Re:Not available anywhere, not just on iTunes by CountBrass · · Score: 0

      Three words to completely destroy the myth of Lennon's talent: "Revolution Number Nine".

      --
      Bad analogies are like waxing a monkey with a rainbow.
    12. Re:Not available anywhere, not just on iTunes by qzulla · · Score: 1
      Even going back to the 60's, they were one of the last major bands to 'upgrade' to 8 track recording, having recorded practically their entire career on 4 track recording, even though 8 track recording was certainly available earlier.

      Plz site sources. Sgt. Pepper was one of the first to use 8 track recording. It was actually only six as two tracks were used for synching.

      qz

    13. Re:Not available anywhere, not just on iTunes by Kadin2048 · · Score: 1

      Actually I think it's an absolutely relevant point.

      Let's say that I really want a Beatles track right now, to put on my iPod. Maybe not a whole CD -- or even perhaps one CD's worth of music, but a list that's scattered across five or six different albums -- I'm S.O.L. in terms of legitimate distribution methods. The only way for me to do this would be to buy the physical CDs, and then rip them in to my computer. If I don't want to do that, because it's cost-prohibitive (and let's face it: Beatles CD's aren't cheap; the White Album goes for almost $30 on Amazon right now), I'm pushed immediately into something less legal. And those 'side channels' don't bring any revenue to Apple Corps.

      If they were just making money hand over fist I could understand; maybe they just don't care about the losses due to digital distribution and are content to let them slide. But they posted a not insignificant loss last year. I really can't think that's a good business plan for them to continue with, going forward.

      There are lots of ways to get Beatles tracks besides buying them, for every range of technological ability. You can check one out from the library, borrow one from a friend, or download them from your choice of P2P service (Gnutella, DC++, whatever else they're using this week), or get it from our Russian friends. Why aren't there this many ways to get the music legally?

      It's money out the window to Apple Corps., and I don't pretend to understand why.

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    14. Re:Not available anywhere, not just on iTunes by Rimbo · · Score: 1

      Whoawhoa whoa, waitaminute.

      "For example, their catalog wasn't available on CD until 1987 - years after CDs were accepted as mainstream."

      OK, I remember the first(1986) few(1985) albums(1988) I remember buying on CD, which is about the time I'd peg the CD as being "mainstream." And even with these, the Cassette rack was still stocked larger and more fully-selected; few of those titles on Cassette or LP would be re-released on CD for quite some time.

      And yet you're criticizing the Beatles for waiting all the way until 1987?

      Now if you'd said 1997, you'd have a point, but cassettes were still king until at least 1988. You didn't even have CD players standard in most (non-luxury) cars until starting around the early 1990's.

  15. WWF vs. WWF by Anonymous Coward · · Score: 0

    World Wrestling Federation faced a similar suit in the UK, not just over the initials, but over an agreement they signed not use to them internationally. They lost. They were forced to remain themselves to World Wrestling Entertainment.

  16. The Real Pity Is: Titans fight, and we don't care by postbigbang · · Score: 4, Insightful

    We know the difference. The whole world knows the difference. Apple Corp==music catalog. Apple Computer==computers, software, and media/content.

    The point is moot, but Apple Corps will try to extract some fake fealty from Apple Computer.

    The lawyers win. We don't.

    Maybe Disney should by Apple Corps.... all in the family, then.

    --
    ---- Teach Peace. It's Cheaper Than War.
  17. Are you kidding? by TubeSteak · · Score: 5, Funny

    I hope Apple Loses!
    They're obviously in the wrong here.

    --
    [Fuck Beta]
    o0t!
    1. Re:Are you kidding? by behindthecamera · · Score: 2, Funny

      Either way, I predict an Apple win.

    2. Re:Are you kidding? by Bastard+of+Subhumani · · Score: 0

      The winners are the same in every case: the lawyers.

      --
      Only three things are certain; death, taxes, and apocryphal quotations - Ben Franklin.
    3. Re:Are you kidding? by HeliumHigh · · Score: 0

      And by the power of elimination, I predict an Apple loss.

    4. Re:Are you kidding? by systemofadown · · Score: 0

      So does this mean that its a win-win situation, or lose-lose situation, or ...

      --
      Science is but a perversion of itself unless it has as its ultimate goal the betterment of humanity. -Nikola Telsa
    5. Re:Are you kidding? by DemonThing · · Score: 1

      And an Apple loss.

    6. Re:Are you kidding? by Surt · · Score: 1

      I predict both apples will lose money on court and legal costs, and neither to be satisfied with the outcome of the case.

      --
      "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
    7. Re:Are you kidding? by SEE · · Score: 1

      This is a case in Britain. In Britain, the loser pays the legal fees and expenses of the winner.

    8. Re:Are you kidding? by Bloke+down+the+pub · · Score: 1
      In Britain, the loser pays the legal fees and expenses of the winner.
      Wrong. It's completely at the discretion of the judge.
      --
      It's true I tell you, feller at work's next door neighbour read it in the paper.
  18. Just how pointless this is... by KU_Fletch · · Score: 2, Insightful

    Go open iTMS right now. There is no Apple logo anywhere on the front page or any of their other pre-produced pages. Good thing we need a lawsuit to clear up the status quo.

    --
    It's not stupid. It's advanced.
    1. Re:Just how pointless this is... by RalphSleigh · · Score: 1

      I load up iTunes (to get to the music store) and theres a nice apple logo right at the top in the center, under the iTunes title. Click on the music store and it gets replaced with the 'loading music store' bar, then comes back when its loaded.

      --
      Come as you are, do what you must, be who you will.
    2. Re:Just how pointless this is... by KarmaMB84 · · Score: 1

      And yet the interface (iTunes) most everyone uses to access the store as well as the hardware they play the music on prominently display the Apple logo.

    3. Re:Just how pointless this is... by Anonymous Coward · · Score: 0

      Kinda strange...I see Windows and Sony logos long before I get to the apple logo... I wonder how they are involved in this beetles thing... And for the record most poeple probably wouldn't even know about Apple Corp if they didn't periodically associate their name with Apple Computer in these publicity stunts... :)

    4. Re:Just how pointless this is... by Browncoat · · Score: 1

      I think this was just a ploy to get everyone to open up iTunes.

      --
      "Curse your sudden, but inevitable betrayal!"
  19. What's in a name? by Anonymous Coward · · Score: 0

    Rather alot it appears now.

    What I find interesting is what this means for the earlier agreements and if they'll have to honour it or not. I find it irritating that if you have enough money you seem to be able to pay your way out of most court cases or ignore what happens or just go through endless appeals so nothing ever gets done.

    Interesting to see what an agreement is worth these days

    1. Re:What's in a name? by deesine · · Score: 1
      Hold on there, the case isn't over yet. Nobody has paid they're way out of a court case.

      The binding value of the '91 agreement is exactly why these parties are back in court.

      But hey, Coward, nice try: using this case as an example of corporate malfeasance (after all, nobody forced Apple Corp. to accept the out-of-court settlement the first time!).

      --
      damaged by dogma
  20. The dustbin of history by Anonymous Coward · · Score: 0

    The courts will be irrelevant on this one. Whatever they decide Apple Records will eventually disappear. They produce nothing new except for the continuation of the nostalgia of those aging Sgt. Pepper fans. It's popular music, for God's sake. Even Rudi Vallee fell into obscurity (ask your grandmother about him...) Neither Time nor History are kind to memory; once Jacko bought the catalog the writing was on the wall. Move on with your lives.

  21. I Thought Every One Knew... by Anonymous Coward · · Score: 0

    Apple sells iPods.

    itunes sells music.

    isn't this the best argument to make?

  22. Remember the Sony vs. Sony's suit a few years ago by CFD339 · · Score: 2, Interesting

    I recall that "Sony's" was a restaurant in Hong Kong that predated "Sony" the electronics and music company by many years, yet the latter sued the former for a good deal of money.

    --
    The problem with quotes on the internet, is that nobody bothers to check their veracity. -- Abraham Lincoln
  23. In other news: Apple VS McIntosh by zakezuke · · Score: 2, Insightful

    I'm actually surprised that Mcintoshlabs never took exception to apple's use of the brand "Macintosh" that i've been made aware of. Slashdot users who are unaware Mcintosh is a brand name for highfi equipment. To me it's the same issue with apple records, sort of a problem before Apple got into audio, but huge confusion after apple got into audio.

    --
    There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
    1. Re:In other news: Apple VS McIntosh by chivo243 · · Score: 1

      Back in the early 70's there was a record and stereo chain called appletree records and appletree stereo. They had joined stores, pretty cool for that time period. Then something called apple computers ended up in the same strip mall in about 78-79. For a really long time as a youngster I thought they were all related... not so....

      --
      Sig Hansen?
    2. Re:In other news: Apple VS McIntosh by Alien+Being · · Score: 4, Insightful

      According to http://www.roger-russell.com/mcintosh2.htm, the Macintosh Plus had a sticker that read "Apple and the Apple logo are registered trademarks of Apple Computer, Inc. Macintosh is a trademark of McIntosh Laboratory, Inc. and is being used with express permission of its owner."

  24. "MacTunes" by Hao+Wu · · Score: 1
    Why doesn't Apple Computers change to strictly "Mac" terminology? It's not like they're using all different apple names in their products (Granny Smith, Red Delicious, etc).

    --
    I suggest you read Slashdot
    1. Re:"MacTunes" by artemis67 · · Score: 4, Interesting

      Except that their largest audience is on the WINDOWS platform.

      Naming products isn't the problem, since it's not called the "Apple Music Store" but the "iTunes Music Store"; the problem is Apple's ownership of it.

      Feasibly, Apple Computer could spin off iTunes and the iPod into a separate business. Hovever, the Apple Computer brand is one of the most recognizable in the world, with many millions having been spent on building brand awareness, so it's worth fighting to keep it an Apple-branded product.

      It also helps to position future Apple-branded products, because of the success associated with iTMS.

    2. Re:"MacTunes" by rishistar · · Score: 1

      Coz then people would think it only featured Scottish folk tunes.

      --
      Professor Karmadillo Songs of Science
    3. Re:"MacTunes" by Saint+Fnordius · · Score: 1

      From what I've read, Apple Corp's lawyers have more or less conceded that Apple Computer is allowed to run the iTMS and sell iPods, making their case that usage of an apple *logo* in the iTMS is the breach of trademark. Apple Computer is maintaining that their logo is unique, different enough from the Apple Corps logo to avoid confusion between the two companies. Apple is also using the "container, not content" argument. In theory Apple could have avoided this lawsuit by making the iTMS an owned subsidiary like Filemaker, but that would have cost them the "halo effect" they wanted.

      The Register has a better summary, pointing out that the biggest difference is Apple Corps' "spirit of the agreement" versus Apple Computer's "letter of the agreement".

    4. Re:"MacTunes" by haakondahl · · Score: 1
      Why doesn't Apple Computers change to strictly "Mac" terminology?


      Because Macintosh is a product, while Apple is a company, which also produced the Newton, among other things. Newton? Apple? Slight theme, anyway.

      Why doesn't Micro-Soft call itself the Windows Software Company?
      --
      Don't trust anyone under thirty.
  25. Googlefight! by yardbird · · Score: 4, Funny
    --
    Free, legal music for iTunes users.
    1. Re:Googlefight! by consonant · · Score: 1

      My mod points no use here :/

      Your comment, sir, is almost the ultimate slashfantasy.

      Add in a "OMG LINUS IS KIX ASS" and another "OMG WINDOZE IS TEH SUXORZ!!1eleven" and the moderators and editors might build this comment a slashmemorial...

  26. Who uses the name for what? by chivo243 · · Score: 2, Interesting

    It would seem that apple corps really will be laughed out of court. Apple corps probably hasn't sold 2 records in the past decade.... Legally they are probably squatting on the name.... and that is grounds for a suit to be named later. I thought, I heard in the distance, this is the inroad for Sir Paul to seat his ass on the Apple computers B.O.D.? We all know apple corps was a flash in the pan record company that only exists as an "honored guest" in todays music word.

    --
    Sig Hansen?
    1. Re:Who uses the name for what? by paeanblack · · Score: 1

      It would seem that apple corps really will be laughed out of court.

      That tends not to happen those with Knighthood.

    2. Re:Who uses the name for what? by Anonymous Coward · · Score: 0

      "Apple corps probably hasn't sold 2 records in the past decade...."

      You just confirmed your ignorance. Every Beatles CD I've ever bought had the Apple Records logo on the back, and by myself, I've bought more than two Beatles CDs in the past decade.

      Just in case you think I'm the only one: according to Wikipedia, the greatest hits collection released in 2000 by the Beatles (entitled simply "1") hit #1 on the charts and was the highest-selling album of that entire year. And what label was it released on? Oh yes. Apple Records.

    3. Re:Who uses the name for what? by chivo243 · · Score: 1

      I didn't purchase mine, it was a gift.... another beatles fanboy trying to keep the dream alive... that's right, keep apple corps in biz... you and my buddy both.... sorry.

      --
      Sig Hansen?
    4. Re:Who uses the name for what? by lazydesert · · Score: 1

      I'm pretty sure the Beatles Anthology (Cassettes, CDs, VHS, DVD) sold pretty well in the past two decades.

  27. So, what's next after this? by martinultima · · Score: 2, Funny

    Now that the two Apples are dueling it out, what's next? Let me guess, I can't listen to the White Album on my (black) iPod nano? Hmm, as soon as I can find someone to keep saying “number nine... number nine...” we'll have to show them what a revolution really looks like!

    --
    Creative misinterpretation is your friend.
    1. Re:So, what's next after this? by WilliamSChips · · Score: 1
      I can't listen to the White Album on my (black) iPod nano?
      Of course not, you can only listen to Metallica's Black Album.
      --
      Please, for the good of Humanity, vote Obama.
    2. Re:So, what's next after this? by ChildeRoland · · Score: 1

      You can get close and play DJ Dangermouse's Grey Album (http://www.illegal-art.org/audio/grey.html)

      --
      The mark of a mature person is not creating arbitrary criteria for considering others mature.
  28. Do You Have To Be A Crook To Be In Business? by cannuck · · Score: 0

    Jobs obviously has an abundance of business "trade skills" - everyone else in the entertainment business seems to have their feet buried in concrete - and move at that speed. However, why Jobs keeps "stealing" is beyond me - from the original GUI on down the line - to the music business copyright of Apple. I'm sure part of the excuse is that everybody else in the entertainment industry cheats, and steals - so why not!

    I always laugh when Jobs and the rest of the entertainment elites start to cry foul when some kid does what they (the elites) do everyday of the week - stealing, screwing everything that moves financially. The one difference is that at least Jobs has some balls compared to the rest of the elites - and sometimes make things happen - although seldom in the best interests of the consumer or the artists.

    1. Re:Do You Have To Be A Crook To Be In Business? by CottonEyedJoe · · Score: 2, Interesting
      However, why Jobs keeps "stealing" is beyond me - from the original GUI on down the line - to the music business copyright of Apple.


      Xerox received Apple stock in exchange for showing Apple the details of its GUI. It was understood that Apple would apply that knowledge to creating its own GUI for the consumer market which Xerox had no interest in. "Stealing" was not involved.

      As I understand the music disagreement, Apple Comp's position is that they are allowed to distribute digital content through their 1991 settlement. Apple Corp's position is that the current shift in the music business to non-physical media has changed the music climate and the settlement should allow for that.

      I'd just point out that Apple's position on DRM has been decidely pro consumer. The "little guy stealing" you claim "Jobs" is against have quite a bit of freedom WRT Apple products. The iPod and iTunes happily play non-DRM'd music (iTunes even plays OGG with a codec extension). Apple has not gone out of their way to prevent users from copying DRM AAC music. There are numerous solutions for removing the DRM. Apple even featured your "victim" in the "Rip, Mix, Burn" ad campaign which I'm quite certain Steve-o signed off on.
    2. Re:Do You Have To Be A Crook To Be In Business? by cannuck · · Score: 0
      Xerox received Apple stock in exchange for showing Apple the details of its GUI.
      No - Apple took Microsoft to court over "Apple's" GUI. Xerox then chimed in - No not Apple's GUI - Xerox's GUI. Apple settled out of court with Xerox!
      pro consumer

      Ha ha -- too bad Apple doesn't produce compliant H.264 - do iPods play compliant H.264 video? Notice no MPEG 4 (AVC) logo on Apple products.

      Then there's the artist. For every tune sold on iTune web site - Apple gets 30 cents - the artist gets 7 cents. Hmmm let's see 30/7 X100 - Apple makes 428% of what the artist makes.

    3. Re:Do You Have To Be A Crook To Be In Business? by Anonymous Coward · · Score: 0

      This has to simply be the most uninformed post I have ever read on slashdot (and that is saying a lot). Is there a "living in a different reality" mod? Could someone add one? Its not even a good troll.

  29. Re:Who are *you* calling "a morAn in a hurry"? by paxdan · · Score: 1

    You forgot the lesser spotted fark moran.

  30. Imagine... by Anonymous Coward · · Score: 0

    Imagine there's no lawyers...

    John's spinnin' in his grave I tell ya... Bloody wankers..

  31. Interesting news... by Spudley · · Score: 2, Funny

    Since nothing else really interesting is happening...

    That's because all the interesting news happened yesterday. :-D

    --
    (Spudley Strikes Again!)
    1. Re:Interesting news... by LouisZepher · · Score: 1

      C'mon now, at least Taco is being upfront for his reason for posting an otherwise boring story. At least he's not like the major news networks that ignore stuff like Darfur and other real news in order to tell us how celebrities are doing with their diets and affairs.

  32. it's a contract dispute, not trademark by nyquil+superstar · · Score: 5, Interesting

    It's a shame to see the comments thus far. There are the usual appologists, "Apple (Computer) can do no wrong!" and some decent guessing, but without the terms of the contract to inspect, everything happening is speculation on the behalf of readers.

    My understanding from what I have read is this is not a trademark dispute, but rather a contract dispute, which will be governed by different aspects of the law. There are some important unanswered questions:
    1. What are the material terms of the contract?
    2. What was the duration of the contract? US law requires a finite duration, otherwise it's valid for a "reasonable" amount of time (How's that for vague!).

    If I permit myself to do some speculation, I'd suspect Apple Comp is treading on dangerous ground. They know and have known this, hence the contract in '92. It's not a tough argument to make for Apple Corp. We, Apple, sell music. They, Apple, sell music. See the confusion? Apple Corp, was there first and had first use and trademark. Most any lawyer ought to be able to make that argument successfully. But this isn't about the trademark, it's about the details of that contract, which I haven't seen in the article.

    And a note to the applogists: I don't think Apple Corp is doing anything wrong. They have an established business that predated Apple computer. They are attempting to enforce the esisting contract with Apple Comp. Good for them, everyone should be held to their word.

    1. Re:it's a contract dispute, not trademark by Anonymous Coward · · Score: 0

      So first you criticize people for making speculation without knowing the contract details but then follow up with speculation of your own. Hypocrite.

    2. Re:it's a contract dispute, not trademark by gus2000 · · Score: 2, Insightful

      However, we do have statements from Apple Comp's lawyer saying that data transmission and distribution of digital entertainment content are explicitly permitted under the agreement. If this is true, then Apple Corp's case is not so obvious, since Apple Comp is only reselling data and generally doing so under a separate trade name (iTunes).

    3. Re:it's a contract dispute, not trademark by Scudsucker · · Score: 1, Flamebait

      There are the usual appologists, "Apple (Computer) can do no wrong!"

      Where, exactly? Perusing the comments, I didn't see any. I'd say you might be nostalgic for the days when inflamatory anti-Apple statements like Taco's "No wireless, less space than a Nomad, lame" earned an automatic +5 Insightful, but your UID is pretty high.

    4. Re:it's a contract dispute, not trademark by anethema · · Score: 2, Insightful

      While you may have a fancy low UID..you are misremembering what happened.

      Taco apended that comment to the story posting, and thus it was not moderated at all.

      Plenty of other Apple flames though.

      --


      It's easier to fight for one's principles than to live up to them.
    5. Re:it's a contract dispute, not trademark by nyquil+superstar · · Score: 1

      It's true, my UID is high, but I was around LONG before there were UIDs (remember Chips and Dip?), I just never got around to getting one for a long time. And I wasn't intending to be inflammatory, but there are a good few comments that roast Apple Corp for their actions without any regard to the actual facts of the case or contract, which is... disappointing.

    6. Re:it's a contract dispute, not trademark by signore+pablo · · Score: 1

      except that the contract specifies that Apple Computer shall not go into the business of selling physical media with music on it. As I read in the article that said this (sorry not gonna look for it now) Apple Computer isn't doing this. The iTunes music store might very well not breach any contracts. It seems fair that Apple Corp should bring up this lawsuit legally, but if they lose this, they might be putting a couple nails into their coffin (IMNSHO). We'll see....

    7. Re:it's a contract dispute, not trademark by Scudsucker · · Score: 1

      While you may have a fancy low UID

      While it's nice not to have an ID in the hundereds of thousands, it's nothing phancy...there's 17,616 people out there who have a lower one. The lowest (aside from Taco's) (and best) ID I've seen in a discussion was 69. :)

      Taco apended that comment to the story posting, and thus it was not moderated at all.

      Yup, I remember. I mentioned it as the sort of inflamatory statement that would have been modded up, not as an example of one that actually was. It was just easier to mention a famous-within-Slashdot comment like that as opposed to hunting for a real one dated five years ago. :)

    8. Re:it's a contract dispute, not trademark by Scudsucker · · Score: 1
      It's true, my UID is high, but I was around LONG before there were UIDs (remember Chips and Dip?), I just never got around to getting one for a long time.

      So you are being nostalgic. :)

      And I wasn't intending to be inflammatory, but there are a good few comments that roast Apple Corp for their actions without any regard to the actual facts of the case or contract, which is... disappointing.

      ...Which isn't necessarily defending or appologizing for Apple Computer, nor is it really dissapointing. Yes, this based on a contract dispute as opposed to trademark law, but the whole reason they had a contract in the first place is because Apple Corp bullied the small-at-the-time Apple Computer into signing it. Apple Computer should have spent a bit more on their lawyers at the time, and told Apple Corp to piss off - the very suggestion that a beeping and booping Apple II infringed on a record label's trademark should have been laughed out of court.

      So reguardless, this case is due to the dickheadedness of Apple Corp, wether or not they are contractually "right" at this time. And it's doubtfull that they are, given the information in the news reports. Apple Computer's lawyer claims that the agreement specifically allows "distribution of digital entertainment content" and restricted Apple Computer from becomming a record label or distributing songs on physical media, neither of which they are trying to do. The CNN article also says that Apple Corp wants Apple Computer to remove the Apple Computer logo from the iTMS, which is stupid, since it's not on there in the first place. In fact, the only mention of Apple Computer on the iTMS is the copyright notice at the bottom of the page.

    9. Re:it's a contract dispute, not trademark by anethema · · Score: 1

      I hear ya ;)

      --


      It's easier to fight for one's principles than to live up to them.
  33. Re:The Real Pity Is: Titans fight, and we don't ca by Reality+Master+101 · · Score: 1
    We know the difference. The whole world knows the difference. Apple Corp==music catalog. Apple Computer==computers, software, and media/content.

    "We" as in technology savvy people know the difference. What if you have some technophobe guy who grew up on the Beatles and Apple records who stumbles on iTunes and sees "Apple"? The first thing he's going to think of is Apple Records, because, duh, he's looking at music. He'll assume that Apple Records started the web site and is licensing music from other labels as well.

    Remember, Apple Computer is only 3% of the market. There are LOTS of people who have never heard of Apple nor have ever seen a Mac (I know that's hard to believe from Mac fans whose lives revolve around the company).

    Trademark cases are all about confusion, and there is clear potential for confusion here.

    --
    Sometimes it's best to just let stupid people be stupid.
  34. The way I see it... by WWWWolf · · Score: 1

    ...Apple Computer pushes their own brand, logos, and so on, and are known for that, and justifiedly so. People see a stylish computer and see "oh, built by Apple." People see a stylish music player. "oh, built by Apple." They see a nice web music store. "Built by Apple, of course".

    But how many people pick up a Beatles album and think "oh, this was made by that Apple record company, I really need to buy more music from this record label, oh, I so love this record label"?

    Record labels don't need their names to market themselves. They can rake in money without making their names hot hot hot - they have the artists to draw the attention. When the spotlight hits them, they can just grin and say "oh, the CDs we made for this lovely band are in stores as we speak, please go buy them!"

    Or are they just starting to make a web music store of their own? Heck, just do what everyone else is doing these days: Start a new web music store with a separate, distinct brand.

    I have a heap of music here and I can barely remember what record labels made them. Mostly because the record labels in question were major idiots. =)

    1. Re:The way I see it... by NutscrapeSucks · · Score: 1

      But how many people pick up a Beatles album and think "oh, this was made by that Apple record company, I really need to buy more music from this record label, oh, I so love this record label"?

      Well, Steve Jobs obviously thought something like that ... otherwise he wouldn't have copped the "Apple" name.

      Remember those big round black disks that had analog music encoded onto them? Some of them came with a big Apple logo in the middle. So, while people might not associate Apple Records with much nowdays, they certainly did back in the 1970s, when Apple Computer was founded. You can't rewrite history with a marketing campaign.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
    2. Re:The way I see it... by nagora · · Score: 1
      You can't rewrite history with a marketing campaign.

      Somebody should tell that to Tony Blair; he's telling everyone he invaded Iraq because of humanitarian issues.

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    3. Re:The way I see it... by Browncoat · · Score: 1

      The fact that the Apple Corp. brand is no longer relevent now has nothing to do with the dispute. Just because the record company ended up being a temporary entity, doesn't mean that they are any less significant when it comes to their claim over the name and logo. At the time, Steve Jobs thought that Apple would last -- it didn't, and he couldn't have predicted that.

      --
      "Curse your sudden, but inevitable betrayal!"
    4. Re:The way I see it... by qzulla · · Score: 1
      Remember those big round black disks that had analog music encoded onto them? Some of them came with a big Apple logo in the middle. So, while people might not associate Apple Records with much nowdays, they certainly did back in the 1970s, when Apple Computer was founded. You can't rewrite history with a marketing campaign.

      So what? I never paid much attention to the apple. I bought The Beatles, not the apple. I bought Pink Floyd, not EMI or Capitol. I bought... my point should be made by now. They could have been on Joes Label. Who cares about the label? I want the music.

      qz

    5. Re:The way I see it... by aeoneal · · Score: 1
      Well, Steve Jobs obviously thought something like that ... otherwise he wouldn't have copped the "Apple" name.

      The Apple name comes from Newton's apple; you know, the one that dropped on his head in the legend, thus turning his attention to gravity? The very first logo was a picture of Newton under an apple tree. That's why Apple had a Newton product for a while, too....

      Nothing at all to do with a record company label.

  35. wso who's winning ? by l3v1 · · Score: 1

    Well, just a hypothetical question: in a lawsuit in London, what do you think who has more chance to win: someone who has the music of the Beatles, or someone from overseas "trying to steal their name" ? I guess another out of court cash agreement is more likely again.
     

    --
    I am putting myself to the fullest possible use, which is all I can think that any conscious entity can ever hope to do.
    1. Re:wso who's winning ? by zpok · · Score: 1

      Since the judge has said at the very beginning of the trail that he was the proud owner of an iPod, I'm not so sure this is as clear cut as you see it. In the end I think Apple Corp are going to win, but damages will be less than they want. IANAL...

      --
      I think, therefore I am...I think.
  36. So you argue the larger/richer corp should win? by AHumbleOpinion · · Score: 1

    Apple Comp. is not cutting records of bands and selling it.

    So their business is not growing but they still are in business. Are you arguing that the small businesss should roll over and accomodate the wishes of the larger growing corporation? That is in fact what you are arguing whether or not you had intended to do so. True there was an agreement before but frankly it should have never been signed.

    (1) So you are arguing that large corporation are above the law, that they may enter into contracts when convenient and break them without consequence when convenient to do so? Perhaps when what has changed is merely that they are now far stronger and their opponent far weaker? That is in fact what you are arguing whether or not you had intended to do so.

    (2) "Never should have been signed"? How self serving a conclusion, have you considered that Apple Computer was about to *lose* the case and the settlement was the less risky alternative?

    I own a Mac, I own an iPod, I will most likely own more in the future. However liking the products does not mean liking the corporation. Apple is every bit as evil as MS, they have merely had fewer opportunities and they have much much better public relations. The later can't be hurt by Jobs being a saleman rather than a geek like Gates.

    1. Re:So you argue the larger/richer corp should win? by bsane · · Score: 1

      uh- I think you misread Comp for Corp...

    2. Re:So you argue the larger/richer corp should win? by jav1231 · · Score: 1

      I think you're right. Hey! But he got me pegged! (sarcasm)

  37. yeah, but.. by apostrophesemicolon · · Score: 1
    And then whichever one of them says, "No! No! Let the other one have it instead!" -- that's the one who gets to keep the logo? ;)
    ...which one gets the whole half, and which one gets the bitten half?
  38. On The Subject Of Slashdot Article Submissions by ObsessiveMathsFreak · · Score: 1

    Since nothing else really interesting is happening....

    And he wonders why people complain about story quality. Here's a hint for some extra material. Search user journals for "rejected submission".

    --
    May the Maths Be with you!
    1. Re:On The Subject Of Slashdot Article Submissions by Khyber · · Score: 1

      Tell me about it. Hell, I could've had a nice April Fool's Submission for yesterday if I didn't already know beforehand that it'll get rejected and that they'll dig thru their usual 'submitters' for material.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  39. Really, I see "Apple" and an Apple logo in iTMS by AHumbleOpinion · · Score: 1

    Go open iTMS right now. There is no Apple logo anywhere on the front page or any of their other pre-produced pages. Good thing we need a lawsuit to clear up the status quo.

    Are you basis this on what a Mac advocate told you, sure you have not actually run iTunes? After launching iTunes and selecting the Music Store I find a big black Apple logo.

    1. Re:Really, I see "Apple" and an Apple logo in iTMS by deesine · · Score: 3, Informative
      Technically, the GP is correct; there is no Apple logo on any of the pages. Yes, the browser/interface does contain the logo, just like every other browser has an identity logo.

      I realize that you can not view any iTMS pages in other browsers. And I realize that the iTMS browser does not allow any content other than Apple's.

      It seems like the logo placement is very relevant to this case, and I can't imagine this technical distinction not being made in court.

      From what I've read, this case seems to hinge more on the particulars of the agreement both parties made in '91, than on trademark infringement in general.

      --
      damaged by dogma
  40. Re:The Real Pity Is: Titans fight, and we don't ca by mblase · · Score: 2, Insightful

    We know the difference. The whole world knows the difference. Apple Corp==music catalog. Apple Computer==computers, software, and media/content.

    Apple Computer has a website, Apple Corps does not. *boggles*

  41. where some smell bullshit, i smell an opportunity by LootenPlunder · · Score: 3, Funny

    I just came up with the most amazing idea. There are clearly no damages to apple corp in this case, itunes only benefits from using apple computer's reputation, apple corp is as irrelevant as can be. Yet apple corp has already managed to squeeze a bit of money out of apple comp. Clearly the only things that determine whether or not you win a case are the size of your target and the amount of publicity you get. So I am going to start a company that tries to predeict what software companies are going to name future releases of their software. We will also try to predict what businisses will be computerized next and strategically name a company so that by the time apple, microsoft, google, yahoo, or whoever comes around, there will already be a company in that field with their name attatched to it. Then we'll sue major companies and pay off the press to print front-page articles about our cases. I'll be rich. Imagine if Blinds-to-go had changed its name to Windows 2000 in 1999. Our first projects will be Vista Records, Vista Productions, Vista Search, etc. Maybe we're too late to take advantage of Vista, but its worth a try.

  42. Apple's marketshare isn't 3%... in most measures by postbigbang · · Score: 2

    Instead, iTunes commands a dominant marketshare, an Apple product. The Beatles (and other artists represented by Apple Corps) used to have quite a marketshare. Time marches on for the Apple Corp catalog. Apple makes products in numerous markets. A specious 3% citation serves no purpose except to cough a number that looks like the damn lie of statistics. If you're quoting Gartner or another one of the wooly analyst firms, I'll question you still further.

    Sure, there can be nominal confusion. But Apple Records is a brand, and so are any number of other labels-- distinct from other trademarks associated with their name. Capitol Records is confused with Washington DC? Maybe Smuckers should sue Def Jam? I don't think so. The entire trial and tribulation is for lawyers. The titans clash while we just go on our merry way. I'll buy Beatles music from iTunes when Apple removes DRM; I don't believe in their DRM methodologies. Otherwise, my Apple Corps vinyl (yes, I still have some) works, as do my CDs. And I have Apple computers, among many others.

    --
    ---- Teach Peace. It's Cheaper Than War.
  43. All the fruits are belong to them.. by mOOzilla · · Score: 1

    Computer companies or services names Apple Macintosh Apricot Orange Strawberry Tomato Word Office Money Draw Graph Elements Windows Steam Valve Notes and there are hundreds more...

  44. Re:AMERICA by Anonymous Coward · · Score: 0

    You didn't mention what government agency it was that you worked for - what was it again?

  45. Doesn't it Affect the Damages? by NigelJohnstone · · Score: 1

    "While all that might be true, it doesn't change the fact there's some sort of contract between the two."

    I would think it would affect the damages a hell of a lot. Since the monetary damage for using a trademark from a company nobody has heard from for decades must be nearly zero.

    Maybe that should be another area of reform for Copyright/Trademark/Patent, namely a license to an IP right automatically doesn't extend beyond the IP right it licenses.

    IANAL

    1. Re:Doesn't it Affect the Damages? by NutscrapeSucks · · Score: 1

      Yes -- I think that basically states Apple Inc's position in the matter. They could be 100% in the wrong, but it's worth fighting because it won't cost them much money.

      --
      Whenever I hear the word 'Innovation', I reach for my pistol.
  46. Pardon me... by Anonymous Coward · · Score: 1, Insightful

    ...but has anyone seen or read the ACTUAL complaint? Everyone is speaking up in this forum as if they KNOW what this is all about. So far, everyone seems to have the same hearsay information that I have (from the media). Is there a place where people with some intelligence can read the actual complaint to see what this is really about?

    Frankly, I think Apple Corp. is being quite juvenile as they were before the 1991 agreement was signed. In the U.S., I don't know a single person that associates the Beatles with anything but the name Beatles, so the whole Apple v. Apple thing was the Beatles just trying to generate revenue and publicity for a company that nobody knows about anyway! It sounds like the same thing all over again. F**k Paul McCartney! F**k him right in the ear, and Ringo too! I hope Apple Computer wins this one.

  47. Apple Corp may have a valid legal case... by Quiet_Desperation · · Score: 2, Funny
    ...but they are still a bunch of mindless jerks who'll be the first against the wall when the revolution comes. There's plenty of mindless law out there. Legal and Rational are independent sets that only sometimes overlap. This is a shakedown.

    What Apple Computer should do is ally themselves with Gene Simmons. Gene could then unleash the KISS Army against Apple Corp, and it would all be over real quick.

  48. huh? by asv108 · · Score: 1
    The Beatles have historically been 'behind the times' technologically, what we might call 'late adopters'. For example, their catalog wasn't available on CD until 1987 - years after CDs were accepted as mainstream.

    Cd's were hardly mainstream in 1987. There were pricey toys. It wasn't until 1988/1989 that CD's became the mainstream format.

  49. The apple in question was Newton's Apple by crovira · · Score: 1

    The one that hit him on the head while he was formulating his theory of gravity.

    There is even the earliest ad for Apple computer to attest this which shows Newton sitting under an apple tree holding up the happle that just bonked him in the noggin.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  50. bite me by weierstrass · · Score: 2, Funny

    the Apple (Computers) name and the bite taken out of the logo, are in tribute to the father of computer science who was persecuted by the british government for being gay, and committed suicide by eating a poisoned apple.

    --
    my password really is 'stinkypants'
  51. I hope they join forces and promote each other. by keywestmel · · Score: 1

    I hope they both win. I'd like to see a behind the scenes settlement, followed by a special Beatles iPod and promotional campaign for the first digital release of Beatles music, with Steve Jobs and Paul McCartney on stage together, promoting Beatles music and the iPod. Apple Comp and Apple Corp should seek to promote (not protect) their common interests. This is what music fans want. It's in their best interest to settle this dispute quickly and without making either of the two Apples look bad.

  52. Re:where some smell bullshit, i smell an opportuni by escay · · Score: 1

    heh, i had the same idea and am almost done turning in my copyright application for 'OS XI'. (and i am also grabbing 'OS 11', in case you are starting to get any funky ideas now...)

  53. The terms of the contract... by artemis67 · · Score: 1

    are that Apple Computer will not distribute music on physical media, which they've never done and probably have no intention or desire of doing so.

    1. Re:The terms of the contract... by Dwedit · · Score: 1

      U2 iPod anyone?

    2. Re:The terms of the contract... by Weedlekin · · Score: 1

      The U2 iPod did not contain any media whatsoever. It came with a coupon giving customers a $50 discount on the "Complete U2" collection from the iTunes store.

      http://www.apple.com/pr/library/2004/oct/26u2ipod. html

      --
      I'm not going to change your sheets again, Mr. Hastings.
  54. Re:AMERICA by Khyber · · Score: 0, Offtopic

    Umm, actually, they very well do if they're poorly calculated and impresicely placed demolitions charges. Witness the demolition of the Baptist East Memorial hospital here in Memphis. A couple of people were hurt (only a couple flecks of debris in the face, nothing severe) even though they were several hundred feet away from the demolition.

    --
    Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
  55. Re:Apple's marketshare isn't 3%... in most measure by Reality+Master+101 · · Score: 1
    But Apple Records is a brand, and so are any number of other labels-- distinct from other trademarks associated with their name. Capitol Records is confused with Washington DC?

    One is music, the other a city. Different contexts.

    Maybe Smuckers should sue Def Jam?

    One is a food product, the other is music. Different contexts.

    Trademark is all about context. If Apple is in the context of music, there is clear potential for confusion. That you're not confused says only that you're familiar with both products, but a reasonable person could be confused by "Apple Music", but could not reasonably be confused by your silly comparisons above.

    --
    Sometimes it's best to just let stupid people be stupid.
  56. Apple should update their name to something.... by bennomatic · · Score: 3, Funny
    ...more modern... more snappy. How about Snapple? That would get them right out of this frying pan, wouldn't it?

    --
    The CB App. What's your 20?
    1. Re:Apple should update their name to something.... by dmarcoot · · Score: 0

      actually that would solve the problem, as there is no confusing a soft drink and a music store. Kind of like Iraq and Al Qaeda..

      After all, even a moron doing a handstand on a rocket powered shopping cart couldn't confuse the two.

  57. New meaning of moron... by bennomatic · · Score: 1
    ...is "Resident of 1600 Pennsyvania Avenu, Washington, D.C."...

    --
    The CB App. What's your 20?
  58. In other news by cyphercell · · Score: 3, Funny

    In other news the Marine Corps http://www.usmc.mil/ is expected to sue http://www.marine-electronics.net/ Marine-Electronics for using the word "Marine" and logos that relate to water. The Marine corps had sated in an earlier suit that Marine Electronics was not allowed to enter the water.

    (not only funny but, insightful too)

    --
    Under the influence of Post-Cyberpunk Gonzo Journalism
    1. Re:In other news by Anonymous Coward · · Score: 0
  59. Contexts..... by postbigbang · · Score: 1

    Apple Corps represents a specific set of signed artists. They may add some, they may dump some. Their business is to sell media made by their contracted artists. Good for them.

    Apple Computer sells computers, servers, operating systems, accessories, and resells licensed content from major media contract holders. They have no contracts of their own. They sell just about everything except the company mentioned in the above paragraph.

    Are the contexts congruent? Vaguely. Apple Corps, in my opinion, is attempting to extort from Apple Computer.

    Neither one of them have ANYTHING TO DO WITH APPLES THAT GROW ON TREES. Nothing at all. So, both have ficticious business names. One represents contracted artists and 'properties' that are manifested through various media. The other sells a variety of products, including reselling media of *artists they don't represent in any other way*.

    The contexts? Vaguely congruent, but in a world where trademark law is not only squishy but undeniably insane, but the world will run out of words to trademark one day-- another problem. Is Apple Networks (I made this up) also going to be a litigation target? Although I'm hypothocating, it could. And it would be just as silly and attorney-enriching as the Corps vs Computer argument. Yes, as mentioned in other posts, there's the Orange, Pear, and perhaps Tomato arguments to be made, too. Go tangential and cite cybersquatting.

    Turn another corner and get into replicas.... undoubtedly a bad thing to do. But Apple Computer doesn't seek to replicate anything that Apple Corps does. Therein lays the crux of the problem.

    --
    ---- Teach Peace. It's Cheaper Than War.
    1. Re:Contexts..... by mrsev · · Score: 1

      I think this whole thread is going off in the wrong direction. This has nothing ot do with tradmarks and infringment. This is a simple contractual dispute. Apple computer signed a contract with Apple Corps saying they wouldnt do something. Apple Corps says they are now breaking the contract, Apple computer sya they are not. The judge will decide.

      It does not matter who is moraly right or if "Corps" have the "right" to tell "Computer" to not sell music. The simple act is that once the contract is done you cant go back. If you imagine "computer" had made a deal with "corps" not to sell computer hardware that would still be legally binding.

  60. dont fight, merge... by hitmark · · Score: 1

    should fix the problems nicely ;)

    still, that would give steve jobs a whole lot of control over the enternainment world. whats next? timewarner?

    --
    comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
  61. Michael Jackson by y86 · · Score: 0

    Doesnt pervert Mike own the rights to the beatles music?

    I wonder if he'll get paid from this....

  62. Don't you just love lawyers? by Scrameustache · · Score: 1

    outcome in this case appears to be that Apple Inc will need to remove their logo from the iTunes program and maybe pay some money.

    I think this is the whole point of this lawsuit: "Yay! Free money!"

    --

    You can't take the sky from me...

  63. which Apple logo wins???? by qzulla · · Score: 1
  64. Cost? by Geminii · · Score: 1

    Just out of interest, what's Apple Corp worth these days? Little enough to be bought by Apple Computer?

  65. mac / apple same thing? by Anonymous Coward · · Score: 0

    Isn't mac and apple sort of the same thing?
     
      Sort of?

    1. Re:mac / apple same thing? by artemis67 · · Score: 1

      Apple has sold many different series of computers over the years, of which the Mac is only one.

      Apple I
      Apple II series
      Lisa series
      Macintosh series
      Pippin
      Newton series
      iPod series (it has a HD and runs an OS) ...am I missing anything?

  66. Go read it before you post, m'kay? by nurb432 · · Score: 0, Troll

    1 - The fact they dont have beatles tunes on itunes does not negate the concept i was talking about.
    2 - If i have to read the f-ing article instead of the summary, then the summary is bad, not my fault.
    3 - goto hell.

    --
    ---- Booth was a patriot ----
    1. Re:Go read it before you post, m'kay? by qzulla · · Score: 1
      1 - The fact they dont have beatles tunes on itunes does not negate the concept i was talking about.

      Which was?

      2 - If i have to read the f-ing article instead of the summary, then the summary is bad, not my fault.

      Got it! I am too lazy to read the article because I trust the summary (which, I might add, was so far off the mark as to be out of the ball park altogether.)

      Therefore I can contribute to the discussion with absolutely no clue as to what it is really about.

      Does that about sum up your comment?

      Oh, BTW, in case you don't know /. is well known for inaccurate summaries.

      3 - goto hell.

      You forgot to mention Nazis. Rewrite and submit again.

      Thanks.

      qz

  67. If Apple Corp. loses, they can't distribute Beatle by Andyvan · · Score: 1

    songs (and other Apple artists) electronically, as Apple Computer will own those rights.

    I can see why they might not like that prospect.

    -- Andyvan

  68. I found a very interesting article about all this by qzulla · · Score: 1
    Here it is.

    I did find the end amusing.

    One solution that has been touted in the latest Apple tussle is to have McCartney join the board of Apple Computer, ensuring that Beatles tracks are available on iTunes.

    Heh. Like Sir Paul really cares about any of this crap.

    So he joins and agrees to sell the songs for the Apple price. So he doesn't and does the same.

    Who really cares how or if The Beatles songs make it to iTunes. Or not.

    OMG!!!!! OMG!!!!! BEATLES!!!! THEY ARE SOOOOO CUTE!!!!!! ALMOST AS CUTE AS PONIES!!!!! OMG!!! OMG!!!!

    Sorry. It musta been a flashback of some sort. From ze war.

    qz

  69. You can't say "retarded"! by bill_mcgonigle · · Score: 1

    A "moron" is now "mild" mental retardation or "educable mentally retarded".

    Get your eraser out - "retarded" is now considered offensive by the PC cops. It was "educable mentally handicapped" for the last two weeks of January, but then "mental" and "handicapped" came to be considered offensive so now the correct term is "we're all exactly the same".

    --
    My God, it's Full of Source!
    OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    1. Re:You can't say "retarded"! by Kadin2048 · · Score: 1

      so now the correct term is "we're all exactly the same".

      We're all morons, now?

      --
      "Ladies and gentlemen, my killbot features Lotus Notes and a machine gun. It is the finest available."
    2. Re:You can't say "retarded"! by Kenshin · · Score: 1

      We're all morons, now?

      Speak for yourself, moron.

      --

      Does it make you happy you're so strange?

    3. Re:You can't say "retarded"! by aug24 · · Score: 1

      According to Random Acts of Reality recently, the term currently preferred by people with mental illness is 'mad'. You couldn't make this shit up!

      Justin.

      --
      You're only jealous cos the little penguins are talking to me.
  70. Re:The Real Pity Is: Titans fight, and we don't ca by WilliamSChips · · Score: 1

    Usually, people listening to music don't care much about the label making it. Even so, Apple Records hasn't made the Beatles for many years. As proof, I found a Beatles record to see what it said. It had "EMI" in moderate-sized letters(but still incredibly small compared to the actual record) and "Apple" in small letters the size of the rest of the printing of the lyrics. Also, my Green Day shirt has "GREEN DAY" in huge letters, and you can barely see "(c) 2005 Reprise Records" because it's in the font sleazy businesses use for small print.
    And I doubt he's never seen a Mac. Surely he's passed by a computer store, maybe on his way to buy more Beatles records which rarely mention Apple except in fairly small print one has to go looking for to find.
    Oh, and in footnoteness, this is about a breach of contract--basically whether Apple's distribution of music files under the name iTunes counts as physical media because most of the AACs put on iTMS are primarily distributed on CDs. I think that it's not a breach of contract, but our opinions don't matter, only the judge's does.

    --
    Please, for the good of Humanity, vote Obama.
  71. Some information by SandwichHunter · · Score: 1

    When Apple first started way back when, they went to Apple Records and paid a settlement, with the agreement they would't have anything to do with music. Then the iPod, same thing, and the agreement was it would have nothing to do with distribution of actual music. Apple (US) is just pushing their luck as far as they can. For the record, those Beatles anthologies have the little Apple logo. And Apple itself had more than just the Beatles - oh sure, they were a boutique kinda label, but Jackie Lomax and Mary Hopkin...great stuff. And Apple just put out a great Mary Hopkin reissue I highly recommend (save the modified track sequence, but nothing a program button can't fix)

  72. Your math seems to be off... by Anonymous Coward · · Score: 0

    Last time I checked 30 + 7 = 37. So where is the remaining 62 cents going? Let us imagine that for each track sold Apple gets 30 cents and the label providing the track gets 69 cents. You seem to be saying that it is Apple that is screwing the artists, but Apple is not responsible for determining how much an artist gets paid. That still falls to the label.

    30/7 x 100 -Apple makes 428% of what artist makes.
    62/7 x 100 - Label makes 886% of what artist makes.
    62/30 x 100 - Label makes 207% of what Apple makes.

    Who is doing the screwing?

    If you would like to sell your music on the iTunes Music Store you can fill out an application and, pending acceptance, do so without a label. I am sure the artist will be getting a much better deal in that case. The only problem there is that you will not have the label marketing machine behind you getting you those juicy front page spots.

    iTunes application

  73. No judge decision by wysiwia · · Score: 1

    I think the actual case is fairly interesting. The judge could set quite a precedent here on distribution via electronic means.

    Yes, this is quite an interesting case. But there are two corner stones the judge won't touch. One is Apple Corp owns the trade mark in the music business, the second one iTunes are selling music. I'd love to see Apple winning on just data download but I fear this won't happen. So everything will come down to "does the agreement between the two Apples allow for this". Since this agreement was done at the time where music downloads weren't known and probably is quite un precise about, it will be interesting what the judge decides. If it comes to a decision Apple Computer quite likely will loose but I bet this case will be settled outside of the curt.

    O. Wyss

    --
    See http://wyoguide.sf.net/papers/Cross-platform.html
  74. Excellent by mgkimsal2 · · Score: 1

    Excellent info! I consider myself rather knowledgeable about most things Beatles, but had not run across this particular aspect of the publishing side of things. Thank you for posting this! If it was from blender, this is probably the article you're talking about, but they only have part of it up. Does anyone have any more info on this?

    1. Re:Excellent by FlunkedFlank · · Score: 1

      Yep! That's it. Unfortunately I don't have a copy, as I read it in a doctor's office (!). I remember thinking that it was a pretty stunning find for a random article in a doctor's office magazine. (I never read Blender otherwise.) Like you I'm also a close follower of all things Beatles, and had never heard anything about this.

  75. Apple Vs. Apple by Rylord · · Score: 1

    I've got it. No one gets to use it!

  76. How many is a bazillion? by oh_beeeeeyb · · Score: 1

    Is this a really a word?

  77. Re:where some smell bullshit, i smell an opportuni by Anonymous Coward · · Score: 0

    ... Can't wait until I upgrade to OS 5+6 :-).

  78. Re:If Apple Corp. loses, they can't distribute Bea by mgabrys_sf · · Score: 1

    wrong - go fuck off back to Digg with the other fuckwits

  79. Apple Apologist Rating 5/5 by cannuck · · Score: 0

    Fortunately there are competitors coming along - the artist makes 60% of the retail online price on one new site. 7 cents - give me (and artists ) a break!

  80. I disagree by artemis67 · · Score: 1

    This isn't about protecting their trademark... these lawsuits started back in the Apple II's heyday, LONG before anyone thought of personal digitized music. At the time, the Apple II was most famously known for Visicalc and playing games. And it had a tone generator that was only capable of beeps and boops. There wasn't ever the possibility of someone confusing Apple Computer with a rock music production company.

    No, Apple's fortunes took off in the early 80's, and George Harrison saw an opportunity to seize some easy cash. THAT'S how this started.

  81. Re:The Real Pity Is: Titans fight, and we don't ca by FredFnord · · Score: 1

    > "We" as in technology savvy people know the difference.

    Apple, as measured by business journals, reliably has one of the most reliably recognizable trademarks, not just in the United States, but in the world. It is literally up near MacDonalds and Nike, often in the top ten, and generally significantly higher than (for example) Microsoft. I suspect that the chances of there being someone out there who is aware enough to recognize Apple Corps but not aware enough to recognize Apple Computer as distinct from Apple Corps is, perhaps, not sufficiently miniscule that there couldn't be ONE person out there like that, but I doubt there are many more than that.

    -fred

    --
    Sign #11 of Slashdot overdose: You see the phrase 'moderate Republican' and you wonder if that would be a +1 or a -1.
  82. oi knobjockey! by weierstrass · · Score: 1

    it's not Funny, it's true!

    --
    my password really is 'stinkypants'