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21
From Chris’ post:
“Apple Computers signed a no compete agreement with Apple Records when Apple first started (remember, this was back when Apple Records was still releveant) that they would never get into the music business as a music entity (record label, distibutuion, A & R development, etc.). “
I think iTunes Music Store qualifies as distribution.
Posted by Albert on March 16, 2004 at 8:58 PM (PST)
22
Apple gets no sympathy from me. They weren’t lenient with Starbrite in the first place. I don’t see why Apple Records should hold back.
Heck, I want to see Eminem sue iTunes for unauthorized use of his song =D
What happened to that case anyway?
Posted by Redux on March 17, 2004 at 1:09 AM (PST)
23
“There is NO WAY IN HELL that anyone of this generation will ever confuse Apple Computers and Apple records.”
Well Chris that is not the point, the point is copyright infringement. That is, in this case, one company using the name of an already existing company. Your quote is merely something to be taken into consideration by the judge, if the case ultimately goes to trial.
I am sure the term copyright infringement was used by Apple Computer’s lawyers when they pressured Starbrite.
Posted by YYWWVV in Cold Spring, NY on March 17, 2004 at 5:20 AM (PST)
24
if apple records is owned by british follk then im all in agreement with the violation and hope that apple pays money into the coffers of the british isles. if not i dont care as both companies managers are only interested in profits and their stock options.
rule britannia.
Posted by storrNYC on March 17, 2004 at 5:41 AM (PST)
25
There are 2 possibilities here:
(1) Apple Inc and Apple Records have an agreement. Then its a question of contract law as to whether Apple Inc broke the agreement. Without seeing the agreement it is impossible (for anyone, really) to comment further about what liability Apple Inc might have.
(2) Apple Records has alleged trademark infringement (in fact any good lawyer would plead in the alternative). Then the question is whether Apple Inc as provider of iPod, iTunes, etc. would be likely to be confused with Apple Records. (Most folks think not but who can predict this stuff with certainty.)
Posted by lawtalkingguy on March 17, 2004 at 9:32 AM (PST)
26
Perhaps someone can explain:
I’ve been wandering around a lot of opinion/discussion forums covering disparate subjects and all of them have one thing in common - There’s always one or two individuals who seem to think that their opinion is ‘right’ and others’ are ‘wrong’.
Opinion is just that - opinion. I agree that some people have come to dubious and astonishingly firm conclusions after having read a single unsubstantiated article, however that is their right to do so.
Why do discussion forums seem to degrade to bickering and inanity faster than any other form of open communication on earth?
Why start name-calling or hair-pulling over an issue that has not the slightest effect on either party? Are there no more important issues to get passionate about?
Are there really people out there who’s lives are so comfortable that all they can find to get angry about is when someone voices an opinion different to their own on a matter of total inconsequence?
Posted by Java_Bean on March 18, 2004 at 3:21 AM (PST)
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