More Details and Analysis of Apple v. Apple

lothar97 writes "MacNewsWorld is reporting details about the Apple (Beatles) v. Apple (Computer) case. It's most interesting concerning the confidential settlements the two parties have previously signed: 'one of those passages in the court document strongly implies that Apple Corps agreed to allow Apple (Computer) to pursue digital music initiatives, but not package, sell or distribute any physical music materials such as CDs.' This might be a cause of 'move on, nothing to see here,' and Apple Computer might be able to settle on the cheap. Trademark infringement might be minimal, and both sides would want to keep this from going much further."

Whether confidential or not, ...

[burgburgburg]

the physical differential aspect of the agreement had been suggested before. And last I checked, all iTunes is doing is sending me code. Nothing to hold here, so nothing to see here.

Re:Whether confidential or not, ...

[Anonymous Coward]

iPod seems pretty physical to me, so maybe that has something to do with it.

Re:Whether confidential or not, ...

[sqlrob]

But does the iPod come with any music?

Re:Whether confidential or not, ...

[carou]

Yes, it comes with a load of classical music.

That's odd - mine didn't come with anything.

Maybe it's a regional thing. FWIW I'm in the UK.

Re:Whether confidential or not, ...

[HTH NE1]

It may come with music on it in Canada to get around levies attached to blank media [slashdot.org]. There was a followup story [slashdot.org], but I haven't heard anything new since then.

Is the settlement agreement binding in Canada?

Re:Whether confidential or not, ...

[himself]

sqlrob asked, "But does the iPod come with any music?"
Well, my iMac from a couple of years ago came loaded with OS 10.1.something and lots of stuff in the "iTunes Sampler" folder within the OS 9 Applications folder -- but when I bought a new G4 powerBook this summer, nothing.

No big deal

[bfandreas]

I can't see how those two could possibly be confused. The ones company logo is a Macintosh that's been nibbled on and the other is that computer company.

...hang on...

Re:No big deal

[ravenspear]

The ones company logo is a Macintosh that's been nibbled on and the other is that computer company.

Do you mean an Apple?

I'd love to see what a "Macintosh that's been nibbled on" looks like.

Re:No big deal

[metachor]

Do you mean an Apple?

I'd love to see what a "Macintosh that's been nibbled on" looks like.

Imagine this [hormel.com] with a bite taken out of it. A macintosh is a type of apple.

Re:No big deal

[ravenspear]

Ok yeah but is the Apple logo specifically supposed to be a Macintosh apple? I'd never heard anything to that effect.

Re:No big deal

[Anonymous Coward]

Except for the Apple I, Apple II, Apple IIe, etc. that came before the Macintosh. Then a non-Macintosh Apple logo pre-1984 does make sense. The first logo was a pen and ink sketch of Isaac Newton under an Apple tree.

Re:No big deal

[Lars T.]

Yeah, but only if they hadn't planned all this from the start.

Re:No big deal

[Anarchitect_in_oz]

You'd have to ask the farmer, of the apple farms the steves where working at the time of naming the company.

Re:No big deal

[beerits]

A macintosh is a type of apple.

A McIntosh is a type of apple.

A Macintosh is made by Apple.

I'd love to see ...

[Arcane_Rhino]

You would? Come to my house.

Damn dog...

Re:No big deal

[Yaztromo]

I can't see how those two could possibly be confused. The ones company logo is a Macintosh that's been nibbled on and the other is that computer company.

Actually, Apple Corps' logo is an all-green apple (Granny Smith) with no nibbles out of it, whereas Macintosh apples are green and red.

Let's look at the differences:

• [applecorps.com]
• A MacIntosh apple [hormel.com]

And with that, I'm going to have another slice of fine MacIntosh apple pie my mother baked, with a scoop of ice cream on the side, while I listen to Abbey Road on my PowerBook G4. Now there's some Apple-on-Apple action.

Yaz.

Re:No big deal

[Yaztromo]

Oops -- my bad on the first link:

• Apple Corps' apple [applecorps.com]

Yaz.

Physical?

[TeknoHog]

Are we suggesting electrons and photons are not physical entities?

Re:Physical?

[migurski]

Are you suggesting that Apple is sending you actual electrons or photons?

Re:Physical?

[BillyBlaze]

They aren't giving you electrons. The electrons barely move at all. They are giving you information, which at various points is represented as light amplitude, radio amplitude, and varying electrical potentials. You can play a CD multiple times, and the information comes through the air - do CDs have an unlimited supply of air? Not ever your power company gives you electrons.

Re:Physical?

[HTH NE1]

So do we now know how many electron holes it takes to power the Albert Hall?

Re:Physical?

[swissfondue]

You probably wouldn't be surprised to learn to what extent lawyers can change the laws of physics! Houdini was nothing compared to their act. If it looks like a hamburger and tastes like a hamburger, it is a hamburger. So Apple is selling a music product online. It is "made" i.e. formatted and stored, then delivered in one unit. Physical delivery is by internet. The medium is a data file. The only difference is that it is not delivered as a solid state medium. How much does this count for? I think Apple corps has a possible case, although I hope not!

Re:Physical?

[Anonymous Coward]

Which is why the service which sells you music online is called the iTunes Music Store. Apple Records sold some of their best rights a long, long time ago. Pining for one's glory days doesn't win a lawsuit.

On relative net worth and business plans

[GORDOOM]

I'm sure that this possibility has been raised ad infinitum on other stories, but I raise it again:

1. How much is the Apple Corps worth? Is it publicly-traded?
2. How much does Apple Computer have on hand that they could use in a corporate acquisition?

If I were in Steve's turtleneck, I would be looking into the possibility of buying out the Apple Corps entirely. If Apple really wanted to change the way things worked in the music industry, what better way than by having their own record label?

Re:On relative net worth and business plans

[MikeXpop]

Yeah. I mean, after all, how much could the record company that puts out THE BEATLES cost?

Re:On relative net worth and business plans

[Ohreally_factor]

1. How much is the Apple Corps worth? Is it publicly-traded?

It's not publicly traded, and it's probably worth ONE MILLION DOLLARS.

2. How much does Apple Computer have on hand that they could use in a corporate acquisition?

Apple has on the order of ONE MILLION DOLLARS cash reserves. Not to mention sharks with frickin' lasers on their heads.

Re:On relative net worth and business plans

[BonhamNeverDies]

This whole case too long and drawn out because Apple Computers really could just buy the company. Not only would it be easier but I think it would also be a good investment. I don't think they will though because this is excellent publicity for a company that could only expand it's user base.

mac vs. mc

[fracai]

Gah
McIntosh is the apple, named after the Canadian farmer from the 1700s
Macintosh is a raincoat, in England
Macintosh is the computer, play on the apple theme and because it is synonymous with flexible

Re:mac vs. mc

[BeerCat]

On the other hand...
Mack is a knife (or a truck, according to preference)
Mackintosh [crmsociety.com] was an architect and art nouveau desgner
MAC is Mandatory Access Control (or Medium Access Control for the Ethernet-ies)

Re:mac vs. mc

[grouchomarxist]

Mod parent up. "Macintosh" the computer is a misspelling of "McIntosh". According to this story [kernelthread.com](search on "McIntosh") it was deliberate.

Break out the detectors

[Anonymous Coward]

This story seems to have a pro Apple Computer spin. Better break out the reality distortion field detectors.