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Tuesday, May 09, 2006

The Beatles lose copyright lawsuit

A London High Court has ruled against the Beatles' company Apple Corp in their copyright infringement suit against Apple Computer Inc. The lawsuit was filed several years ago in both the U.S. and Britain after Apple Computer launched their iTunes Music Store. The Beatles claimed that the computer company's iPod and iTunes download service broke a 1991 agreement which prevented the computer company from using its trademark for products "whose principal application is music."

The bbc.co.uk reported that Justice Anthony Mann ruled that Apple Computer used the Apple logo to represent their music store -- not the actual music -- and called the services "a form of electronic shop." He cited that in doing that, the computer company was not in breach. Mann wrote in his judgment that, "I conclude that the use of the apple logo... does not suggest a relevant connection with the creative work." The ruling means that both iPods and the iTunes application will still be able to feature the Apple name and logo. Apple Corps, which was ordered to pay the defendants' legal costs -- which are estimated at well over $3 million -- is appealing the case.


Neil Aspinall, the Beatles longtime right-hand man and Apple Corp's managing director, said in a prepared statement that, "With great respect to the trial judge, we consider he has reached the wrong conclusion. We felt that during the course of the trial we clearly demonstrated just how extensively Apple Computer had broken the agreement. We will accordingly be filing an appeal and putting the case again to the Court of Appeal."

Apple Computer chief executive Steve Jobs said in a separate statement that, "We are glad to put this disagreement behind us. We have always loved the Beatles, and hopefully we can now work together to get them on the iTunes Music Store."

So far none of the Beatles' group or solo catalogues are available for legal downloading online, with the exception of a few albums by Ringo Starr and a handful of Beatles tracks on compilations.

Apple Corps is jointly owned by the surviving Beatles, Paul McCartney and Ringo Starr, and the estates of John Lennon and George Harrison. The company owns the exclusive copyrights for "Apple Records," "Apple Music," "Apple Publishing," and "Apple Electronics."


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