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Apple vs Apple -- Judgment Day

DaphneDiane writes "According to the Times Online Apple Computer successfully defended themselves vs the suit brought by Apple Corps." If you are looking for background on the case we had talked about it earlier. I'm just relieved that the battle of two bazillion dollar companies turned out well. Phew. And, of course, Apple Corp has filed an appeal already.

27 of 310 comments (clear)

  1. let's face facts by illtron · · Score: 4, Insightful

    I hate to see The Beatles lose, but let's face facts: If you could possibly confuse the two, you're likely too dumb to appreciate The Beatles' music and too stupid to figure out how to turn on a computer.

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    1. Re:let's face facts by swissfondue · · Score: 5, Interesting

      I wonder how much the estate of the late John Lennon or other Beatles really wanted a legal fight with Apple Computer. I think they missed out on millions of USD in downloads from iTMS due to their absence. So was it really Apple Corps led? I don't see on which basis an appeal from Apple Corps will be successful. Let's hope to see the old (and upcoming newly digitalized spiffed-up tracks) on iTMS soon.

      --
      Rubies and Pearls are not what you think.
    2. Re:let's face facts by LKM · · Score: 5, Funny
      I thought that (...) most mac users [were too stupid to figure out how to turn on a computer].

      ...whereas most PC users are stupid enough to think that using a complicated computer somehow makes you the smart ones, huh? :-)

    3. Re:let's face facts by jcr · · Score: 4, Insightful

      Labels don't promote themselves to the buying public.

      That would be news to Motown, I'm sure..

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
  2. Re:Turned out "well?" by Whiney+Mac+Fanboy · · Score: 5, Insightful

    If you hate the laws, spend your lives trying to get them changed. Do not hate the companies that use the laws in their favor [emph mine]

    You note that companies have 'almost unlimited funds' - they use these funds to:

    1) Change the law to suit themselves.
    2) Discredit / ridicule those who spend their lives trying to get laws changed.
    3) Bury in legalities / court fees those who oppose them.

    How can we not hate the companies that do this?

    --
    There are shills on slashdot. Apparently, I'm one of them.
  3. If either Apple wanted a totally by rolfwind · · Score: 4, Interesting

    off limits trademark, they should have instead used a made-up word (something like Exxon?) that doesn't mean anything in any popular language but sounds cool, and not a word in the dictionary/history or common place item.

    1. Re:If either Apple wanted a totally by Hieronymus+Howard · · Score: 4, Informative

      The name was a joke that John Lennon made, "Let's call it Apple Corp" ('corp' being pronounced 'core').

      Much as I love the Beatles, I'm glad that Apple lost this silly case (and that Apple won)

  4. Saddened by Overzeetop · · Score: 4, Insightful

    This is a travesty - not for the gain or loss of two billionaire corporations, but for the simple concept of fair play that has been ignored. It's true that now nobody would confuse the two corporations, but the simple fact that Apple Computer exists is because Apple Corps agreed to let them continue using a name which could (at the time) have been confused, on the condition that Apple Computer not get into the music business. The distinction today is that Apple (computer) has greatly outstripped Apple (corps) is brand recognition. Heck, you may as well take Apple Corps trademark entirely, as the common person would likely mistake Apple (Corps) for the wildly popular international trademark Apple (computer).

    My question would be - can Apple Corps start their internet Download Music Store and not get sued by Apple Computer? Is there a potential for mistakes in Apple iDMS and Apple iTMS?

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:Saddened by Zontar_Thing_From_Ve · · Score: 5, Interesting

      This is a travesty - not for the gain or loss of two billionaire corporations ...

      Why does everyone keep repeating this incorrect statement? Just because the submitter thinks it's true, doesn't mean it is.

      Folks, Apple Records, Apple Corp, whatever you want to call it, is NOT a billionaire corporation. Sir Paul McCartney is a billionaire, but it's not because of Apple Corp or the Beatles. He is a billionaire because he bought out song publishing companies years ago, which is where the real money is. The Lennon estate was worth $100 million at the time of John Lennon's death, most due to investments Yoko made. The late George Harrison's estate was probably worth less than $100 million at the time of his death and Ringo Starr is definitely worth less than that. If you have any knowledge of royalty rates in the industy, you will know that the Beatles simply can't be making the kind of money some of you attribute to them. In my opinion, the Beatles and their lackeys have seriously mismanaged their catalog and the failure to put out "new" product (yes, believe it or not, there are still things in the vaults that could be released officially for the first time, such as the White Album demo sessions) more than once every 5+ years have actually kept them from earning as much money as they could have earned. They release material so infrequently that it sells simply because of scarcity, not because of merit. The last offical release, the Let It Be ... Naked album of a few years ago, wasn't all that well liked, but we fans bought it anyway. It reminds me of Eddie Murphy's old joke about giving a starving man a cracker. He's not going to refuse to eat because he wants something else, he's going to say "Man, that was the best cracker I ever ate!"

      I don't think there is any realistic chance of the Beatles (Apple Corp) competing against Apple Computers. Apple Corp likes to sit back and get paid. They don't like to actually do something to get the money and setting up their music download store would require real work.

    2. Re:Saddened by cgenman · · Score: 4, Insightful

      When exactly was the last time Apple Corpse did anything? The company exists as a Beatles back catalog holder, and nothing more. It would be impossible to confuse Apple the company and Apple the rights holder because Apple the company actually does things. Apple Corps wouldn't start an internet Download Music Store because that would be actually doing something.

      Remember, we're not talking about a giant company fighting a little guy, we're talking about an active company fighting a long-dead rights holder. Should Apple Computers be prevented from revolutionizing the movie business through a new (and long overdue) distribution channel simply because Apple Corps put out some self-indulgent beatles movies in 1974? Should online music publishing be stopped because this rights clearing house who has a similar name feels uncomfortable with it? Should the Apple Stores which have tremendously pushed forward upscale retail design be shut down because Apple record had a store in 1967?

      Ok, so that last one isn't so great to humanity. But the point is Apple Corps has long since been a non-entity. They don't DO anything. There would be no confusion between the two because outside of specialized circles looking to use Beatles recordings for things, nobody actually refers to the Apple Corps for any reason. Why should past performance guarantee that nobody with a similar (and honestly kind of generic) name can push into similar space into perpetuity. At this point in their existence, Apple Corps is little more than a cybersquatter.

  5. Well... by gowen · · Score: 5, Funny

    They were thinking of settling out of court, and it was going quite well for Apple Corp until, in the middle of negotiation, they broke down.

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  6. Re:Turned out "well?" by warrigal · · Score: 5, Informative

    >If I want to slap another stick of RAM into my machine, I should be able to without being a licensed Apple technician. You can, dude. Always could. Never seen a Mac I couldn't upgrade. Why do you spread this falshood?

  7. Why Apple records sued... by ebcdic · · Score: 4, Insightful

    ... because otherwise no-one would remember they exist. There's still a market for Beatles songs, but who cares what the record label is?

    1. Re:Why Apple records sued... by cowscows · · Score: 4, Informative

      They sued because if they won, it'd really be easy money. I'm no expert in such things, but it sounds like they had a pretty decent case. Apple Computer had signed a contract, and although the judge agreed with them that it wasn't violated, they certainly appear to be close to violating it. If not in a technical, legal way, then maybe in a more general sense. Fortunately for the computer company, those little technical details in law are quite important.

      But when it's all said and done, I think we're better off having Apple Computers win. Over the past couple of decades, they've contributed far more to the world, and that makes them more deserving of profits than Apple Records, which is basically just coasting on some hard work from decades ago. Even though I don't like the iTMS DRM all that much, I find it hard to argue that any else has done nearly as much for online music sales, and it'd be a shame for an old contract to slow down progress on that front.

      --

      One time I threw a brick at a duck.

  8. The lawsuit had no merit whatsoever... by blcamp · · Score: 4, Interesting

    I'm neither a business expert nor a historian, but I have never understood how Apple Corps had any possibility of winning a trademark infringement case against Apple Computer... whether in the same business or not.

    Look at these two examples:

    Budweiser (Budvar, Czech Republic) and Budweiser (Anheuser Busch, USA). Same name, same business. And I have seen both products sold in the same location before (I prefer the Czech version myself).

    ABC (Australian Broadcasting Company) and ABC (American Broadcasting Company). ABC... ABC. Same business.

    And these are just off the top of my head. Certainly there are others.

    I don't get where the Beatles were going with their action. Clearly Apple Computer was not going to be made to stop using their own logo and name. Nor were they going to be made to stop selling music via iTunes. What gives?

    --
    The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
    1. Re:The lawsuit had no merit whatsoever... by geoffspear · · Score: 4, Funny

      Sure they could confuse the two. It's very unfair to A-B if an American in Prague orders a Budweiser and instead of getting what he expected, he's actually served a drinkable beer. Can you imagine what would happen to A-B if all of their customers accidentally tasted a good beer? They'd be out of business almost immediately.

      --
      Don't blame me; I'm never given mod points.
  9. Re:Justice Mann? by datafr0g · · Score: 4, Funny

    Comparing apples to apples is no challange for Justice Mann - caped crusader of the courts!

    --
    "Who says nothing is impossible? Some people do it every day!" - Alfred E. Neuman
  10. Sad but True... by Crash+Culligan · · Score: 5, Funny

    Apple won out against the RIAA, Apple won out against France, and now Apple won out against the Beatles' old label. Despite it, every investor knows the truth: Apple is dying. Watch their stock price for a decline this afternoon in light of this terrible, tragic, positive news.

    Yes, this is sarcasm. Except for the stock decline thing.

    --
    You cannot truly appreciate Dilbert until you read it in the original Klingon.
  11. Re:If I were Apple Corp... by The+Snowman · · Score: 4, Funny

    Even better, call it eMacs and bundle it with GNU/Herd and Emacs.

    --
    24 beers in a case, 24 hours in a day. Coincidence? I think not!
  12. Re:Turned out "well?" by jasen666 · · Score: 5, Informative

    This could very well be a mistake on my part in that I have never seen or heard of anyone able to do that.
    Probably. Most all Macs take standard PC memory. Since almost the beginning. Even the first PowerMacs used a slight variation of normal SIMMs. Many brands of PC memory worked in them. Add to that how easy the cases on Macs open up, I get the feeling you've probably just never seen and played with a Mac up close.

    On top of that, I thought that their machines had a temperature sensor that would trigger it to internally mark itself as VOIDED if the case was open and the temperature in the room wasn't low enough.
    Yeah, not sure where you got that from. They have no special hardware in them like that at all. And, I can't remember ever seeing a Mac with a sticker on it to keep you from opening the case. I've opened up pretty much every PowerMac ever made, was an Apple certified tech at a store for a few years. They really have no clue if you open the case and put in your own ram, harddrive, PCI/video card, NIC, modem, etc. All of these devices can be bought 3rd party, and there is no rule that I've ever heard about installing these voiding warranty. We sold 3rd party hardware all the time, and told them how to install it if they asked.

  13. Re:Turned out "well?" by jasen666 · · Score: 4, Informative

    They flat refused to sell him a new drive without him bringing the machine in so they could install it saying that in order for his warranty to remain valid they had to send the failed drive back to Apple for testing. He asked what would happen if he bought a 3rd party drive and replaced it himself and was told that his warranty would be voided and he could be subject to up to $20,000 in fines for violating his "customer agreement".

    If this story is true, then that reseller was blatantly lying, and needs to be bitchslapped for consumer fraud. This is not the way Apple works things.
    Now, about sending the dead drive back, yes, they do have to send defective parts back *if they replace them under warranty*. However, if he just bought one straight out, even a 3rd party one (yes a standard PC version of a CD/DVD drive will work!), they can just sell it to him, at a slightly higher cost (as they don't get a discount by sending the broken one back). And, there is no such thing as a fine for adding your own hardware, or voiding a warranty. That's such bullshit. The problem is, they don't make much money on hardware sales. They make their money on labor. So they end up fucking Apple customers, and dragging Apple's name through the mud to make a profit.
    Personally, I'd tell your friend to report that store to whatever consumer protection agency handles your state. They probably didn't break any laws, but lying to consumers about made-up fines and their rights is not acceptable.

  14. Phew! I live in Apple Grove Estates... by lancejjj · · Score: 4, Funny

    ... and I was pretty fearful that Yoko Ono was gonna own me!

    That'd really suck!

  15. Story Update: Apple Corp issues statemnt! by Whiney+Mac+Fanboy · · Score: 5, Informative
    Apple Corp have issued a statment - they're appealing!

    There's a story at macworld uk and el reg

    Quote from Apple Corp's lawyer:
    "With great respect to the trial judge, we consider he has reached the wrong conclusion. We felt that during the course of the trial we clearly demonstrated just how extensively Apple Computer had broken the agreement. We will accordingly be filing an appeal."
    So - the fight continues!
    --
    There are shills on slashdot. Apparently, I'm one of them.
  16. Re:If I were Apple Corp... by optimus2861 · · Score: 5, Informative

    FYI, "Moron in a hurry" isn't necessarily meant to be insulting under English law. It's the language that a judge used in a case there some years back in dismissing a trademark-infringement suit, so it's an established phrase. This was explained in the comments of a previous Apple-Apple /. article here.

  17. Summary of case by autophile · · Score: 4, Funny

    Beatles: Hey Jude, I thought we agreed there's only room for one apple in this business!
    Apple: STFU, we're not IN your business.
    Beatles: I know it's been a hard day's night for you, but yeah, you are.
    Apple: STFU.
    Beatles: Right, we'll see you in the Court on Penny Lane.

    (later)

    Court: Beatles, STFU.
    Apple: We have triumphed yet again!
    Beatles: Waaaaaah! Twist and Shout! You never give me your money! We'll appeal and then you're going to lose that girl!
    All: STFU!

    --
    Towards the Singularity.
  18. Re:Turned out "well?" by Golias · · Score: 4, Interesting

    True, any amateur can try, but apple will void your warranty if they found out you opened your mini.

    No, they won't. You are either badly misinfomed or else you are just spreading FUD.

    I have a mini, ordered the day they were introduced, and I upgraded the memory myself as soon as it arrived. I also swapped out the hard drive for a 7200 RPM one a few months later.

    The 1-year warranty remained 100% valid. (Although, obviously the 3rd-party items I installed are not covered by AppleCare.) I didn't buy the extended warranty, so I believe it just ran out last month.

    The mini is very easy to open. The little clips are not nearly as brittle as the FUD-meisters would have you believe. They bend away and/or snap out with no damage at all.

    I found the tricky part to be getting it to close back up correctly. You gotta line up the airport antenna just right, then get all those little plastic clips clipped back in while lining up this little pad with the back panel. Took me 2 or 3 attempts the first time I did it.

    --

    Information wants to be anthropomorphized.

  19. Retail, not music by SuperKendall · · Score: 4, Insightful

    Apple Computer sells digital content - Music, TV shows, audio books.

    If Apple Computer is in the music business, then so is 7-11 for selling cheap CD's in the store.

    Apple computer is in the retail business, not the music business.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley