Language Selection

English French German Italian Portuguese Spanish

Apple vs. Apple: Beatles' Apple loses suit

Filed under
Mac
Legal

A long and winding legal road took another twist for the Beatles' record company today, when a British judge ruled that Apple Computer Inc. is entitled to use the apple logo on its iTunes Music Store.

Apple Corps, the guardian of the Beatles' commercial interests, contended that the U.S. company's use of the logo on its popular online music store had broken a 1991 agreement in which each side agreed not to enter into the other's field of business.

But High Court Judge Anthony Mann disagreed, saying that the computer company's logo is used in association with the store - not the music - and so did not breach the agreement.

"I conclude that the use of the apple logo ... does not suggest a relevant connection with the creative work," Mann said in his written judgment. "I think that the use of the apple logo is a fair and reasonable use of the mark in connection with the service, which does not go further and unfairly or unreasonably suggest an additional association with the creative works themselves."

Though Apple Computer CEO Steve Jobs said he was "glad to put this disagreement behind us," the dispute appears far from over. Neil Aspinall, the manager of Apple Corps, said his company would immediately take the case to Britain's Court of Appeal.

"We felt that during the course of the trial we clearly demonstrated just how extensively Apple Computer has broken the agreement," Aspinall said in a statement. Apple Corps was founded by the Fab Four in 1968 and still owned by Paul McCartney, Ringo Starr, the widow of John Lennon and the estate of George Harrison.

Apple Computer has sold more than 1 billion songs through the iTunes Music Store, which is available throughout Europe as well as in the United States, Canada, Australia and Japan. Though there are more than 3 million tracks available for purchase in the U.S. - and 2 million in Britain - there are no Beatles songs listed; the band's catalog is not available on iTunes.

In his brief statement, Jobs said he hoped the ruling would help rectify that situation: "We have always loved the Beatles, and hopefully we can now work together to get them on the iTunes Music Store."

By Jennifer Quinn
Associated Press
May 8, 2006

More in Tux Machines

Alphabet's Plans to Create Android PCs Should Make Microsoft a Little Nervous

Four years after Microsoft (MSFT) first tried to give the world unified PC/mobile operating systems via the dual fiascoes known as Windows 8 and Windows RT, Alphabet's (GOOGL) Google appears set to take its own stab at the concept. And there are reasons to think the company will see a measure of success. Citing "two independent and reliable sources," Android Police reports Google plans to launch a notebook in the third quarter of 2017 that will likely be the first new device to showcase Andromeda, a version of Android that will integrate many features associated with Google's Chrome OS PC operating system. The notebook will reportedly be called the Pixel 3, and carry a $788 price. Its feature set reportedly include a 12.3-inch display, an Intel (INTC) processor, a glass trackpad, a tablet mode and stylus support. Read more

Servers/Networks

  • Linux servers deliver greater performance and efficiency 'than available on any x86-based server'
  • What are configuration management tools?
    For most people, computers don't stay the same. Software is added, removed, and updated. Configurations are changed. Think about the changes you've made to your computer since the first time you booted it up. Now imagine making those changes to 10, 100, or 1,000 more computers. Configuration management tools are what make implemententing and enforcing these changes possible.
  • 5 new OpenStack tutorials and guides
  • Ericsson: The Journey to a DevOps Future in SDN
    There are big transformations going on in the world today that are driving rapid changes to the business of networks, said Santiago Rodriguez, VP of Engineering and head of the product development unit SDN & Policy Control at Ericsson, in his keynote Tuesday at OpenDaylight Summit. “Society is transforming, the way we do business is transforming, and accordingly the way we build our networks is transforming,” Rodriguez said. The three pillars of this network transformation include: 5G, virtualization and open source.
  • OpenDaylight sets product quality label, metrics for SDN solutions
    Initial OpenDaylight-based products expected to receive the "Powered by OpenDaylight" mark are offerings from Brocade, Ericsson, HPE, Inocybe and Serro.
  • Telstra Sees Quadrupled Data Capacity by 2020
    The latter service led Telstra to re-think its fiber deployment strategy, choosing to use pre-provisioned fiber connections to data centers in advance of customer demand, because the company knew that demand was coming, Blackall said. The strategy worked well with Telstra's acquisition of Pacnet, which had already deployed SDN capabilities to connect its 27 points of presence around Asia.

Games for GNU/Linux

  • Valve's Steam Controller With SteamOS/Linux Support Is Now Listed For Just $35
    If you have been put off from ordering a Steam Controller for your SteamOS/Linux gaming system due to the $50 USD price-tag, it's been marked down to $35. Back in June it was temporarily reduced to $35 USD but then a few days later shot back up to $50 at major Internet retailers. Judging from those that clicked our Amazon links, it was of interest to many readers. If you missed that discount the first time around, the Steam Controller is back to being listed as a $34.99 product. It's not clear how long this deal will last or if it is permanent -- there has been speculations about a "Steam Controller 2" but I haven't seen any public confirmation yet.
  • Game Developer Chooses To Connect With Pirates, Reaps Rewards As A Result
    One imagines that this kind of thing builds up goodwill amongst potential buyers of PM Studio games. Some of the comments on the thread state as much. It won't do anything with the pure-pirate folks out there, but, then again, nothing will. Worrying about those that were never going to buy the game would have been wasted time and energy. Instead, the developer chose to try to win over those that might indeed want to support its efforts. Here's hoping PM Games gets the positive reinforcement needed to confirm that this kind of thing is the right way to deal with piracy. And that other studios are paying attention, as well.
  • InXile Entertainment announced Wasteland 3, will use crowdfunding on fig
    I'm going off their twitter and other sites for the main info right now, as it seems we are still not on InXile's press list. It is already confirmed to have Linux support, along with multiplayer, vehicles, and some form of base building.

Software Company Red Hat banks on India to hit $ 5 billion turnover in 5 years

Red Hat, the open-source software company, said its India business was growing at more than double the rate of the overall company and would be an important contributor to its target of reaching $5 billion in the next five years. Red Hat has over $2 billion in annual revenue currently and grew over 21% in constant currency last year. Open-source software is freely available, so Red Hat’s business model depends on customers paying for the support and service it offers and not on license fees, making the company’s offerings typically cheaper than proprietary software. “India is one of our fastest growing markets. Red Hat does really when there is net new infrastructure to be set up. And the rapid pace of development that India is seeing sets really well with our offerings,” James Whitehurst, CEO of Red Hat, told ET. Read more