Report: Apple Computer may have rights to Apple name for digital music

“Apple’s position in its legal dispute with The Beatles’ Apple Corps may be much stronger than suspected, according to new information about the last settlement between the two companies,” Simon Aughton reports for PC Pro. “In 1991, following Apple Computer’s decision to include digital music (MIDI) hardware in Macs, they signed a confidential agreement limiting Apple Computer’s activities in the music field. Earlier this year Apple Corps filed writs in California and London alleging that the computer maker had violated this, writs that included brief snippets of the original agreement.”

Aughton reports, “According to those who have seen the California papers, the extracts reveal that although Apple Computer was prohibited from selling or distributing music in a physical form, such as CD, it was given freedom in the digital sphere.”

More info and settlement speculation in the full article here.

18 Comments

  1. I so hope Apple Computer wins, and wins big so the beatles will just take their greedy little hands and go away… they have no right to get into someone else’s innovation.

  2. Its confirmed. The Beatles are now just like Moneysoft..

    ..money is ALL they have left to worry about.

    Destitute of original thinking, content, style and everything else worth having.

    May Apple’s tribe grow.

  3. The Beatles are irrelevant. One has to wonder what they felt they deserved. More than likely grasping straws.

    But based on the settlement from the last case, I still don’t see how in the world they sued. iTunes is a music store.

    I’m frustrated, never mind. All I know is that I would not settle with them. I would much rather pay the lawyers than to give Apple Corps one red cent.

    Too litigious a society we live in.

  4. This could all turn out good for Apple. My prediction? I’m glad you asked, it is that by 2007, more then 50% of all computer users will be on a mac, everyone in the world will own an iPod (or mini), and Bill Gates will be killed by Steve Jobs in a cage match where Steve Jobs whips out an iPod and starts whacking Bill. And all of the people who were using a mac in 2004 will be Gods of there town. yep

  5. Why do you publish this drivel ? Don’t you read your own stories ? This was addressed in this forum on Sept 17th.
    In a comment to your own article here http://www.macdailynews.com/comments.php?id=P3476_0_1_0, the definitive answer was provided by Gandalf :
    “Apple Computer is specifically entitled to: “have the exclusive right to use or authorise others to use the Apple Computer Marks on or in connection with goods or services within subsection 1.2 (such as software, hardware or broadcasting services) used to reproduce, run, play or otherwise deliver such content provided it shall not use or authorise others to use the Apple Computer Marks on or in connection with physical media delivering pre-recorded content within subsection 1.3(i) or (ii) (such as a compact disc of the Rolling Stones music).”

    http://www.courtservice.gov.uk/judgmentsfiles/j2468/apple-v-apple.htm

  6. Hey bjh, its fun going over old ground. Don’t let’s take it too seriously – after all you’re free to ignore it.

    What I’d like to know is MDN’s visitor numbers with all this action going on. I’d guess they’re up hugely?

  7. Trial lawyers don’t argue the letter of the law they argue the interpretation of the law. Remember, Bill Clinton demanding what the definition of “is” is?

    These Apple Corps lawyers are more interested in pocketing money than promoting social justice.

  8. It’s interesting. That snippet does seem to be pretty conclusive and in favour of Apple.

    I’ve not taken sides on this because I’m not in possession of the facts. And if Apple corops had a good case agains Apple computer, then Apple corps are entitled to compensation. Apple dont’ deserve special considersation or protection or loyalty on legal issues.

    We can cross our fingers, we can hope that Apple computer are actually legally secure, but to take sides without any recourse to the facts of the case would be ludicrous.

    Given what Gandalf pointed out, I’m edging toward Apple computer’s ‘side’, but there must be more to it than that (or Apple corps are stupid).

  9. I thought trademark violation was all to do with the improper infringement of a particular business by a company’s use of a name that might confuse a purchaser that it was part of or had in some way a connection to the owner of the registerd trademark.

    Does Apple Corps really believe that anyone would be so confused as to mistake their dead shell of a company with a Computer manufacturer? Gimmie a break.

    If Apple are forced to pay anything the law is an arse.

  10. Hey Max,

    Not the law is an arse, but the lawyers, they are the only winners here.

    That said, I would like to see Apple Computer Inc file a counter suite and take apple corpse to the cleaners. It would be great if Apple Computer Inc held all the rights to all Beatle material for ever… No matter your own view of the Beatles, cause that would be one heck of an iTMS only exclusive. Not to mention getting rid of a pesky trademark confusion problem for ever. No apple corpse, no confusion, not even a little

  11. People… can we at least suspect that Apple REMEMBERED THE AGREEMENT WHEN IT WAS LAUNCHING THE IPOD AND THE MUSIC STORE…?

    I mean.. they’re a 13 billion dollar company.. you think their lawyers just nodded off… they must have gone over the contract and just said.. no physical media… no pictures of a magical mulitcoloured bus…

  12. Yeah mike, I kind of agree, they probably paid very close attention to the agreement. That is why I would like to see Apple Computer go after apple corpse. From what I have seen of the agreement, apple corpse doesn’t have much to go on.

  13. how many people think the lawyers from Apple Corp either can’t comprehend that the apple store didn’t sell physical CD’s or they didn’t care.

    After all I’m sure they are getting paid so they might as well give it a shot.

  14. Holy shit will you idiots quit calling the Beatles greedy. This has NOTHING to do with the Beatles.

    Seriously grow up and get a clue about US Trademark and Copyright infringement laws

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