For the third time in three decades, the Beatles’ Apple Corps has slapped a lawsuit on Apple Computer. And while we all know the PC giant lost the first two rounds to the tune of $26 million—this time out, Steve Jobs and co. will walk away pretty much unscathed.
As background, since 1968, the name Apple had been associated with the Beatles—as Apple Corps, their holding company, and Apple Records were founded as tax shelters that year. They still exist today, and release Beatles compilations such as Anthology and 1.
Enter Apple Computer. In 1976, Steve Jobs and Steve Wozniak built the first PC and started a company—probably unwisely calling it Apple Computer in tribute to the group. But two years later, Apple Corps sued the PC firm for trademark violation—specifically for the similarity of the apple-shaped logo. That case was settled in 1981, with the PC firm paying $80K, and agreeing to stay out of the music business.
Sue you sue me blues
In 1991, Apple Corps sued Apple Computer again, alleging that by offering MIDI products stamped with the apple-shaped logo—the computer company violated the ‘81 trademark agreement. This case too was settled, and Apple Computer paid out a whopping $26.5 million, and agreed once more to steer clear of the music biz.
Fast forward to July, 2003—and this third pending lawsuit by Apple Corps, which alleges that Apple Computer’s music products, iTunes and iPod, violate the ‘91 agreement.
But here’s the rub: the Apple Corps suit once again centers on trademark infringement. Now, as far as that goes, they do have a case. Because for a short time after launching iTunes, Apple Computer did breach the trademark part of the ‘91 agreement—the section which directed them not to display their apple-shaped logo on music-related products. But the PC firm has since corrected that—by pulling their logo off the iTunes online store—and killing the similar-sounding domain name www.applemusic.com.
I’ll get you in the end
But what Apple Corps really has in their sights goes way beyond that. They want a piece of those pricey iPods, and who can blame them? At $299 dollars a pop, with 10 million units already sold—the iPod business is where the real money is anyway—not in the few cents iTunes earns on each MP3 song it sells after hefty licensing and transaction fees.
But the surviving Beatles are chasing up the wrong tree. Why? Because if you review the pertinent papers from London’s High Court, it’s clear that Apple Computer has not violated the ’91 hardware part of the agreement—which states the firm cannot package, sell or distribute physical music materials, such as CDs. And of course, since iTunes is not in the business of selling CDs, the PC firm is legally protected.
Further, the ’91 agreement papers state that the use of software to distribute music is clearly within Apple Computer’s rights. And it goes without saying that the iTunes online store, and every MP3 file for sale there—are nothing if not software.
And lastly, taking the hardware issue into further consideration—since the iPod was only built to play MP3 software files, and not to play physical CDs—Apple Computer is legally protected under that point of the agreement as well. Consequently, with all this in mind, the Beatles and Apple Corps just don’t have the big case they might have hoped for.
I should have known better
Now, one should remember the ‘91 agreement preceded the online revolution we take for granted today. In fact, the first Netscape browser wasn’t even around until 1994. To that end, the Beatles couldn’t have foreseen that music would one day be readily available in a downloadable digital format like MP3—so the ’91 agreement didn’t include it. Call it shortsightedness on the part of the Beatles—or just damn good timing for Apple Computer—but because of it, the PC firm has every right to contest the Fab Four’s newest claim.
Even so, most legal analysts think there will be some kind of settlement here. Maybe. You never know what a judge will do with a case. But to those who naively say Apple Computer will be liable for the “biggest payout in music history”—I say you’re dead wrong. Because this time, Steve Jobs and co. are clearly protected under that pre-Internet 1991 agreement.
Still, if for some reason the decision goes against Apple Computer—the worst-case scenario for the firm is they’ll be forced to completely cease-and-desist from music-related products. But even that won’t matter much. The iPod and the iTunes Music Store brands are now firmly established in the social fabric—so moving their music business over to a new division won’t deter from continuing popularity. In fact, such a judgment might even backfire on the Beatles’ good name—by casting them in a greedy, litigious light.
Try to see it my way
If it were up to me—I’d make both parties hammer out some kind of small financial settlement for starters—just to cover Apple Computer’s short trademark infringement period. Then, I’d give Apple Corps the right to oversee how Beatles songs are distributed over the PC firm’s products. This would enable both parties to get out of the courts, and get on with what’s truly important—this business of music.
Because until that time, it’s us, the music lovers, who suffer. The Beatles won’t allow their songs to be legally downloaded—so we can’t purchase them on iTunes, or anywhere else online for that matter. And since Apple Computer is mired in yet another drawn-out legal scuffle with Apple Corps—they’re forced to keep music-related innovation locked up in the workshop and out of the marketplace.
So come on guys. Take a cue from a great Beatles song—and finally figure out a way to say We Can Work It Out!
Related: London’s High Court papers on the Apple vs. Apple case.
http://www.courtservice.gov.uk/judgmentsfiles/j2468/apple-v-apple.htm
© Larry Lange, New York, February 22nd, 2005
Thursday, May 25, 2006
Tuesday, January 17, 2006
Wednesday, January 04, 2006
Saturday, December 17, 2005
When the spinning stops
“Spring is here and Leeds play Cheshire tomorrow and Ringo and John and George and Paul are alive and well and living in hope. The world is still spinning and so are we and so are you. When the spinning stops, that’ll be the time to worry. Not before.”
Derek Taylor's Press release on the break-up of the Beatles
Derek Taylor's Press release on the break-up of the Beatles
Thursday, June 30, 2005
McCartney demands to top Live 8 bill
Sir Paul McCartney will open and close Saturday's event after threatening not to appear at all.
After soldiering on through a performance of Let It Be at 1985's Live Aid and then being told he was too old to sing by producers of last year's Band Aid single Do They Know It's Christmas?, the former Beatle is determined that he is going to be in the limelight at the Hyde Park Live 8 event this weekend.
Sir Paul will now open the event with an altered rendition of Sergeant Pepper's Lonely Hearts Club Band and close it eight hours later with The Long And Winding Road, after he told organisers that he would 'think seriously' about not supporting the event at all if he did not get his way, reports the Daily Mail.
A source told the newspaper that the decision was met with hard feelings by certain other egos involved: "Some of the more fragile egos are upset. Bono, in particular, was quick to demand a share of the opening number and sees what he has done politically over the years as a bit more relevant to Live 8 than what Paul has to offer. Remember, these are the biggest rock stars around. Whatever order they sing in there is going to be friction."
As a compromise, Bono and U2 will join McCartney for the opener, sporting colourful miliatary garb as seen on The Beatles' Sergeant Pepper album cover.
Tuesday, June 28 2005, 09:47 BST -- by Daniel Saney
After soldiering on through a performance of Let It Be at 1985's Live Aid and then being told he was too old to sing by producers of last year's Band Aid single Do They Know It's Christmas?, the former Beatle is determined that he is going to be in the limelight at the Hyde Park Live 8 event this weekend.
Sir Paul will now open the event with an altered rendition of Sergeant Pepper's Lonely Hearts Club Band and close it eight hours later with The Long And Winding Road, after he told organisers that he would 'think seriously' about not supporting the event at all if he did not get his way, reports the Daily Mail.
A source told the newspaper that the decision was met with hard feelings by certain other egos involved: "Some of the more fragile egos are upset. Bono, in particular, was quick to demand a share of the opening number and sees what he has done politically over the years as a bit more relevant to Live 8 than what Paul has to offer. Remember, these are the biggest rock stars around. Whatever order they sing in there is going to be friction."
As a compromise, Bono and U2 will join McCartney for the opener, sporting colourful miliatary garb as seen on The Beatles' Sergeant Pepper album cover.
Tuesday, June 28 2005, 09:47 BST -- by Daniel Saney
Sunday, June 26, 2005
the Beatles outtakes
I've been having a wonderful morning listening to the Beatles outales and alternate versions. I especially like the Abbey Road Companion versions and Never 'officially' released "not guilty", a very nice redition of a Harrison goodie. the Beatles CD
Saturday, June 25, 2005
One of weirdest pieces of Beatles memorabilia to be auctioned
By The Associated Press
(6/16/05 - NEW YORK) —
It may be one of the weirdest pieces of Beatles memorabilia ever to be auctioned off: the door to their lawyer's office.
The memorabilia site Its Only Rock N Roll.com is auctioning off the front door to office of Apple Records attorney Nat Weiss. John Lennon and Paul McCartney put huge signatures on the door, and it's also signed by George Harrison, Carly Simon, James Taylor and Cat Stevens. The opening bid for the door is $15,000.
Another item for sale is a receipt signed by all FIVE Beatles: John, Paul, George, original bassist Stu Sutcliffe and original drummer Pete Best. The only known complete and original master tape of the Beatles' first American concert in Washington is also for sale, starting at $125,000.
The auction also features items relating to The Beach Boys, Bruce Springsteen, Aerosmith, Alice Cooper, The Doors, Pink Floyd, Nirvana and The Who. It runs through June 28.
(6/16/05 - NEW YORK) —
It may be one of the weirdest pieces of Beatles memorabilia ever to be auctioned off: the door to their lawyer's office.
The memorabilia site Its Only Rock N Roll.com is auctioning off the front door to office of Apple Records attorney Nat Weiss. John Lennon and Paul McCartney put huge signatures on the door, and it's also signed by George Harrison, Carly Simon, James Taylor and Cat Stevens. The opening bid for the door is $15,000.
Another item for sale is a receipt signed by all FIVE Beatles: John, Paul, George, original bassist Stu Sutcliffe and original drummer Pete Best. The only known complete and original master tape of the Beatles' first American concert in Washington is also for sale, starting at $125,000.
The auction also features items relating to The Beach Boys, Bruce Springsteen, Aerosmith, Alice Cooper, The Doors, Pink Floyd, Nirvana and The Who. It runs through June 28.
Friday, June 24, 2005
Thursday, June 23, 2005
All you need is cash
John Lennon's Handwritten Lyrics up for Auction
"All You Need is Love"
The handwritten lyrics by John will be auctioned in London.
The auction will be at The Hippodrome, London.
John's handwritten lyrics to "Nowhere Man" sold for $455,000.00 (£270000) at a sale at Christie's in Nov '03. John's handwritten lyrics to "Dear Prudence" off The White Album were auctioned off for $19,500 in 1987.
"All You Need is Love"
The handwritten lyrics by John will be auctioned in London.
The auction will be at The Hippodrome, London.
John's handwritten lyrics to "Nowhere Man" sold for $455,000.00 (£270000) at a sale at Christie's in Nov '03. John's handwritten lyrics to "Dear Prudence" off The White Album were auctioned off for $19,500 in 1987.
Beatles News
Ringo says no to reunion
RINGO Starr will never again share a stage with fellow former Beatle Paul McCartney, he has told an American TV show.
When asked if the pair would consider joining forces again, he said: "I haven't toured with Paul since '65. We're never going to do it. I go with my band, he goes with his."
============================================================
A GUITAR played by George Harrison and John Lennon during Beatles recording sessions sold for more than a quarter of a million pounds at auction.
The Gibson SG guitar fetched £294,000 at Christie’s in New York, during an auction of rock and entertainment memorabilia.
============================================================
THE Beatles' track Ob-La-Di, Ob-La-Da has been voted the worst song of all time.
news.scotsman.com
RINGO Starr will never again share a stage with fellow former Beatle Paul McCartney, he has told an American TV show.
When asked if the pair would consider joining forces again, he said: "I haven't toured with Paul since '65. We're never going to do it. I go with my band, he goes with his."
============================================================
A GUITAR played by George Harrison and John Lennon during Beatles recording sessions sold for more than a quarter of a million pounds at auction.
The Gibson SG guitar fetched £294,000 at Christie’s in New York, during an auction of rock and entertainment memorabilia.
============================================================
THE Beatles' track Ob-La-Di, Ob-La-Da has been voted the worst song of all time.
news.scotsman.com
Beatles For Sale
If anyone would like one of these domain I will transfer the forward to your site for $20.00 per year
APPLECORPS.TK
JOHN-LENNON.TK
JOHNONOLENNON.TK
THEBEATLESCD.TK
BEATLESAUCTION.TK
APPLECORPS.TK
JOHN-LENNON.TK
JOHNONOLENNON.TK
THEBEATLESCD.TK
BEATLESAUCTION.TK
Wednesday, June 22, 2005
Beatles CD's, Merchandise, Music Feeds, Beatles Radio, Beatles Auction, get your Complete Beatles Fix here, it's gear!
The Beatles CD Source
The Beatles CD Source
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