Apple Corps and Apple Computer are set to go to court this week in a legal battle over a licensing dispute involving the Apple name. The dispute stems from a claim by Apple Corps, the music distributer that represents the Beatles, that Apple Computer is violating an agreement that prohibits the iPod maker from moving into the music industry.
According to the New York Times, Apple Corps is looking to stop Apple Computer from using the Apple trademark to sell music online. Apple Computer contends that the agreement prohibits it from selling music tapes and CDs, but not online data transfers.
The iTunes Music Store is at the heart of this battle. Apple Corps claims that the iPod and Mac maker's online music distribution system should be included in the earlier settlement, even though it is not explicitly mentioned.
Apple Corps originally sued Apple Computer in 1989 after technological advances made it easier to use the Mac as a music player. It sued a second time in 1991 and won a US$26.5 million settlement and a stipulation that limited the Mac to editing and playing music, but not creating it. In April 2003, Apple Corps filed its current suit after the iTunes Music Store was introduced.
The outcome of this lawsuit isn't clear, but it's more likely that large amounts of money will be passed around, and the iTunes Music Store will continue to operate. It's not likely, however, that we'll see any Beatles recordings available for download through iTunes any time soon.
If you're a Beatles fan you probably already own all of their LPs, casettes or CDs. I don't see the big draw in adding content from artists that no longer release new music. Upload your CDs into iTunes and you're set. Unless, the Beatles have secret unreleased recordings that they would be willing to offer as downloads, why the big fuss?
As for the lawsuit, Apple Computer may have to settle once again. Time to make the big payoff and be done once and for all. Apple Corps hasn't done anything since the Beatles. Time to close your doors and stop trying to make money through lawsuits (even if you can).
Apple (computer) should just pony up the small amount of cash to buy out this desperate dinosaur of a company and be done with it. And fire all their sorry butts to boot once bought. The Beatles are SOOOOOOOOOO over.
Paul McCartney may still have a stylish solo career, but Ringo Starr is nothing more than a iconic oddity who makes guest appearances in movies and sometimes small TV parts. As a music force, NOBODY UNDER 30 knows who he is. And the target market for music these days ISN'T the over 30 market.
This is just making the lawyers rich. Be done with it.
I believe the 1st suit was filed in 1980 and not 1989. The 2nd suit was filed in 1989 and settled in 1990.
Point is Jobs didn'd do his business homework and used a name that the beattles had established almost 8 years before.
Jobs and Wozniak don't win awards for being brilliant designers. They are brilliant thieves. They stole the idea of the PC from Xerox, who was to stupid to understand what they had in 1972. They stole the name Apple from The Beatles (keep in mind at a time when The Beatles were still very big.)
Then they refined the MP3 business coming in later to support the music industry by offering individual songs for a $1 each when they were previously being sold for $0.00. Bringing back the industry business model of selling about 10-12 songs for $12-$15 bucks.
The masses too stupid or feeling to guilty for all the free downloads, accepted Jobs at face value, bit off on the concept that a billionaire mogul of 26 years in the industry can still be an underdog, and started shelling over their money too them.
Compare that to The Beatles long know for sucking money out of their fans under the guise of peace, love & maybe freedom, also billionaires in their own right.
And what do you have Goliath v Goliath.
At the core of this thing is who owns right to the trademark the Apple. Now is that stupid or what? Fighting over the rights to the image of a fruit that has been in existence longer than humans?
It's time to give up the ghost. Your settlement with Apple Computer allows it to make computers that play music. The iPod is a computer that plays music. While Apple Computer is not allowed to distribute music as physical CDs and tapes it's allowed to offer goods and services relating to music. The iTunes Music Service is a data transmission service relating to music. Apple Computer is not a record label nor is it distributing physical records, CDs or tapes of music. Furthermore the purpose of trademark legislation is to protect consumers from confusion. There is no confusion between the business of Apple Computer and an essentially defunct record label. Move on Apple Corpse beyond frivolous lawsuits where you don't have a case.
It's time for Apple Corps to realize their brand is dead. There will always be some money coming in from sales of cd's, etc., but the Beatles are HISTORY.
Guest wrote: Both sides of apple v apple are richer than god.
I believe the 1st suit was filed in 1980 and not 1989. The 2nd suit was filed in 1989 and settled in 1990.
Point is Jobs didn'd do his business homework and used a name that the beattles had established almost 8 years before.
Jobs and Wozniak don't win awards for being brilliant designers. They are brilliant thieves. They stole the idea of the PC from Xerox, who was to stupid to understand what they had in 1972. They stole the name Apple from The Beatles (keep in mind at a time when The Beatles were still very big.)
Then they refined the MP3 business coming in later to support the music industry by offering individual songs for a $1 each when they were previously being sold for $0.00. Bringing back the industry business model of selling about 10-12 songs for $12-$15 bucks.
The masses too stupid or feeling to guilty for all the free downloads, accepted Jobs at face value, bit off on the concept that a billionaire mogul of 26 years in the industry can still be an underdog, and started shelling over their money too them.
Compare that to The Beatles long know for sucking money out of their fans under the guise of peace, love & maybe freedom, also billionaires in their own right.
And what do you have Goliath v Goliath.
At the core of this thing is who owns right to the trademark the Apple. Now is that stupid or what? Fighting over the rights to the image of a fruit that has been in existence longer than humans?
Point is Jobs didn'd do his business homework and used a name that the beattles had established almost 8 years before.
Well, actually he did it as a tribute to a band he loved that just saw him as a payday. Bad business choice? maybe, but it should have never come to this.
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Guest wrote:
Jobs and Wozniak don't win awards for being brilliant designers. They are brilliant thieves. They stole the idea of the PC from Xerox.
A little light on our facts. Apple is credited for creating the first Personal Computer with the Apple I and then Apple II. Maybe what you are thinking about is that Intel created the first micro chip in 1971. Not sure but Jobs and Woz were more inspired by the Altair back then than anything Xerox was working on.
I assume what you wanted to say is that Apple stole the whole GUI concept from Xerox (who actually got it from someone else too). But I'd say that's a bit like saying that Ford stole the idea of a car from buggy companies. Taking an idea and improving on it materially is not theft, it is innovation.
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Guest wrote:
Then they refined the MP3 business coming in later to support the music industry by offering individual songs for a $1 each when they were previously being sold for $0.00.
To equate the illegal sharing of music over the internet to songs being sold for $0.00. Now that takes a real leap of something. But at least you didn't accuse them of stealing the idea for the iPod.
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Guest wrote:
Bringing back the industry business model of selling about 10-12 songs for $12-$15 bucks.
Man your math sucks! If they are a buck each, 10-12 of them would be $10-$12. But that is not even fare because if you buy albums on iTMS, you actually can get 12-15 songs for $9.99. Apple created a new business model for selling music that ended the need for people to buy 10 songs they don't want to get a couple they do.
First, those of you who are dragging the iPod into this--the iPod is not an issue. The iPod and iTunes are fine. The issue is with iTunes Music Store--and I think Apple (computer) is definitely outside the agreement.
The agreement does not specifically state what "formats" Apple is prohibited from selling music in. It does list some examples, like tapes and CDs, but the agreement prohibits Apple from selling music, which is what they are doing. Apple's argument that they are selling "online data transfers" which just happen to be music barely passes the laugh-out-loud test.
Apple may have to divest itself of the iTunes Music Store. I wonder if running it as a wholly-owned subsidiary would work...
Actually, there will probably be a new Beatles album in the next year.
Cirque Du Soleil and Apple Corp/EMI have partnered together to put together a show using the Beatles music that is slated to open this summer in Las Vegas.
If you know Cirque, then you can bet the music in the show won't be anything you heard on any Beatles album.
The most amusing part is that most high end music editing places, use Apple Computers for their digital editing.
I wonder....
Freeze wrote: Imagine the Beatles stopped suing Apple..
it's isn't hard to do...
nothing to settle or fight for..
no more lawsuits too..
Imagine all the people..
buying tunes in peace...
Hey great lyrics
I am not too much of Beatles fan, but I can't believe that these two parties haven't reached a settlement "Yesterday". I mean couldn't they "Come Together... right now?" Who is their lawyer, "Mean Mr. Mustard? The way this thing is going I will probably see it settled "When I am 64.""
Guest wrote: Jobs and Wozniak don't win awards for being brilliant designers. They are brilliant thieves.
Nope, not exactly. Woz IS a brilliant designer, there's no question there. And Jobs is a brilliant theif, also no question there either
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Guest wrote: Then they refined the MP3 business coming in later to support the music industry by offering individual songs for a $1 each when they were previously being sold for $0.00. Bringing back the industry business model of selling about 10-12 songs for $12-$15 bucks.
Are you high? The music industry is MAD at iTunes because it DESTROYS the industry model of selling 1 good song and 10 crappy ones (i.e. your typical CD) for $12-15 bucks.
Instead, with iTunes, you buy the 1 good song for ONE buck, and are done with it. Its almost like legal piracy. No wonder its so popular.
Too bad the music execs can't figure out the solution to their woes is not to yell at Steve Jobs, but instead to make the WHOLE CD good, not just one track. Oh well, maybe they'll pull their heads out and figure it out some day...
The masses too stupid or feeling to guilty for all the free downloads, accepted Jobs at face value, bit off on the concept that a billionaire mogul of 26 years in the industry can still be an underdog, and started shelling over their money too them.
Compare that to The Beatles long know for sucking money out of their fans under the guise of peace, love & maybe freedom, also billionaires in their own right.
And what do you have Goliath v Goliath.
At the core of this thing is who owns right to the trademark the Apple. Now is that stupid or what? Fighting over the rights to the image of a fruit that has been in existence longer than humans?[/quote]Go get em', tiger![/quote]
It's important to note that if Apple bought Apple, they would not gain the rights to the Beatles catalog. All they would gain is the rights to a few other bands and the right to use the name Apple in peace.
The apple name was used, because of the fruit, not the music company. Apparently Jobs had a big thing for the fruit after spending some time in isolation at one of his cult hideaways.
The mac was so called because of a local variety of apple (McKintosh), but they mispelled it (or thought it was better) as macintosh..
Apple corp. had made a prior agreement in which Apple would stay out of the music business. Apple, the computer company violated the terms of an earlier deal, and should pay. Apple computer has/had a logo that infringed on trademark rights of the Beatles recording group, Apple corp. When the Beatles recording company thought of that original logo of the Apple they put the logo on their own product in order for it to be recognized with music, furthermore the music of the Beatles. Now when I think of the term "Apple" I think of I-pod which is music, and not the type of music I am supposed to be thinking of.
In my mind it does matter, I mean Apple corp. had made a prior agreement in which Apple would stay out of the music business. Apple, the computer company violated the terms of an earlier deal, and should pay. Apple computer has/had a logo that infringed on trademark rights of the Beatles recording group, Apple corp. When the Beatles recording company thought of that original logo of the Apple they put the logo on their own product in order for it to be recognized with music, furthermore the music of the Beatles. Now when I think of the term "Apple" I think of I-pod which is music, and not the type of music I am supposed to be thinking of.
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