Skip to main content

News

Tue, 09 May 2006 Apple v Apple decision published online

Macworld staff

  • Email to a friend
  • Print this article
  • Bookmark this page
  • RSS feed

The judge's decision in the Apple Corps versus Apple Computer case has been published in full online.

The 111 clause decision details the judge's deliberations in the case, in which The Beatles' Apple Corps. accused Apple Computer of breaching a 1991 agreement by using the apple logo in association with its iTunes Music Store.

The judge did not agree with the plaintiff's complaint, Instead, he sided with the defendant's claim that iTunes is, at heart, no more than a data transmission service for music, a use he declared was acceptable under the 1991 agreement.

Clause 104 claims: "The overall impression is one of a store which is selling (transmitting) recordings (data), puffing its services and wares and offering some enticing products. The technical qualities of the product are uniform (the Protected AAC format). However, the marks are used on and in connection with the service, and they are still not, in my view, used to "frank" the recordings as well. Apple Computer has not crossed the line," said Justice Edward Mann.

Mann refers to a clause (clause 4.3) included within the 1991 agreement. He points out that this clause allows Apple Computer to run services such as the iTunes Music Store.

Paraphrased, this clause reads: "Apple Computers shall have the exclusive right to use or authorize others to use the Apple Computer Marks on or in connection with goods or services (such as software, hardware or broadcasting services) used to reproduce, run, play or otherwise deliver such content provided it shall not use or authorize others to use the Apple Computer Marks on or in connection with physical media delivering pre-recorded content (such as a compact disc of the Rolling Stones music).

You can read Justice Mann's extensive opinion here.

Email A Friend

Email this article to a friend or colleague:



PLEASE NOTE: Your name is used only to let the recipient know who sent the story, and in case of transmission error. Both your name and the recipient's name and address will not be used for any other purpose.

<<prev article | back to news index | next article>>

Question of the day!

Mark Hattersley
Editor in Chief

Do you use Adobe Photoshop with a Wacom tablet?

Question of the day!

Do you use Adobe Photoshop with a Wacom tablet?

% of Macworld readers agree with you

Yes
TBC
No
TBC

How does a Wacom tablet improve the Photoshop experience?

124 characters remaining

Follow the conversation at @TabletChat

paintings & illustrations, mostly, which i upload to flickr.RT @fragmentedm

I draw manga/anime characters. I also do graphic design and photography.RT @spialelo

Yes. I usually put them up on my #deviantart account for feedback on how to improve.RT @spialelo

Latest News


More news...