Apple vs Apple: now read the 1991 agreement

Thanks heavens for the Net, and for
As The Apple Turns, which has a pointer to the original (1991) agreement between the two disputatious Apples in the
judge’s ruling on where to hear the case.

Note especially point 6, about what can and can’t be done under the agreement. As AtAt points out, it says: Apple Computer’s field of use includes “data transmission services” and “broadcasting services” (which ought to cover the iTunes Music Store) and “the parties acknowledge that certain goods and services within the Apple Computer Field of Use are capable of delivering content within the Apple Corps Field of Use,” in which case Apple Computer is apparently in the clear “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.” Like we said before, what physical media? Apple has yet to ship a music CD.

Apple Corporation’s PR didn’t ring back. That’s gotta be some meeting the guy went to.


  1. Does an iPod count as a physical medium? Does the music on an iPod counts as pre-recorded?

  2. Well, dig into this stuff and you discover that it’s incredibly complicated.

    For instance, when you download a track from the iTMS, Apple has to pay what’s called “mechanical copyright” – as though it were pressing a CD. (Recorded music has three copyrights: publishing, mechanical, and performance.)

    And the iTMS also has to pay a performance copyright, just as if it were playing that music in a pub. Howcome? Because it’s transmitting the song over the Net. Exactly as if it were streaming it. (Which seems to me to leave some room then to start a subscription business.)

    An iPod is a physical medium, but Apple doesn’t put the music there. The music from iTMS on an iPod is prerecorded, but Apple has paid the publishing rights.

    Confused? The lawyers haven’t even begun on you.

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