“Lawyers for Apple Computer Inc. on Thursday asserted the company’s right to distribute music through its iTunes Music Store, rejecting claims by The Beatles’ Apple Corps Ltd. that doing so violated a 1991 trademark agreement,” Jill Lawless reports for The Associated Press. “Apple Computer lawyer Anthony Grabiner said the “distribution of digital entertainment content” was permitted under the agreement, in which the two companies promised not to tread on the other’s sphere of business.”
Lawless reports, “Grabiner said ‘even a moron in a hurry’ could distinguish between the computer company’s online music business and a record label like Apple Corps. ‘Data transmission is within our field of use. That’s what (the agreement) says and it is inescapable,’ he said… Grabiner said the fact that Apple Computer distributed music didn’t make it a record label, and so did not violate the agreement – which set Apple Corps’ domain as music content and Apple Computer’s as hardware, software and the digital distribution of data. He said no ‘reasonable person’ would assume that Apple Computer created or owned the 3.5 million songs on its hugely successful iTunes music store. ‘It’s obvious that the content comes from a wide variety of content providers,’ he said. ‘It’s obvious that Apple Computer is not the source or origin of the content.’ …The trial began Wednesday and is expected to last at least five days.”
Full article here.
MacDailyNews Take: Don’t the remaining Beatles geezers Ringo and Paul and the Beatles geezer parasites (Yoko) have enough money for their retirement? Can’t they rifle between the couch cushions for a spare mil or 800? Why don’t they just “discover” some more old unfinished tapes and release some more crap like “Free As A Bird” if they want to cash in again before they cash out?
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