[Messiahtosh]

It looks as though Apple Computer is going to have to cough up a hefty sum of money to the other Apple company, Apple Records. The article about it can be found on www.macminute.com

I think that the whole thing is quite stupid, but companies must protect their property and their contracts, it's just too bad that Apple will have to lose a lot of money over something that's such a legal fine line. In my mind, Apple Computer is not defaming the other Apple name or confusing the products that each sells or owns. I mean, just because the company has a similar name, say Microsoft and Peoplesoft, and those name similarities do not confuse me.

I guess this is about a contract that Apple Computer signed though, saying they wouldnt enter the music business, and they did, so now they'll pay the price.

[LoCash]

The way I understand it, Apple signed an agreement with Apple Corps waaaay back when which stated they would not pursue business is the music sector/industry. They clearly violated that agreement with their latest push into that industry.

You violate a legally binding agreement, you've gotta pay for it. If Apple was honestly expecting nothing to happen over this, which I highly doubt, I'd be shocked. Most likely I would see Apple offering massive stock options and giving Apple Corps a share of the company. That gives Apple Corps a vested interest in Apple without Apple just having to pay out of pocket, though I'm sure they'll be doing that too.

[psmith2.0]

Would be really neat if the two involved parties could come to some truce.

Stuff changes. I'm sure, 20 years ago or whatever, Apple Computer had no intention or desire to do anything with music. Computers become amazingly popular devices, hard drives get huge, the mp3 format comes into existence, etc. Things change. I wish these two entities could come to some final, end-all/be-all agreement and leave each other the hell alone from here out, as far as cantankerous legal battling goes.



Could you imagine how much the Beatles (as a group and solo) would absolutely rule on iTMS if their stuff was available? I'm missing little bits, here and there, of some of their stuff (the Magical Mystery Tour album and some early Wings stuff).

They'd probably occupy, in some way or another, 5-8 of the Top 10 "most popular downloads" chart for MONTHS. McCartney would probably sell MORE of his crap if people could go in and pick and choose, or explore obscure nuggets from Starr or Harrison. And much of Lennon's solo stuff would be a guaranteed huge seller. And, as a group...are you kidding me? It would cause a massive resurgence in their popularity, I'm betting.

At this point, the Beatles could use Apple more than the other way around.



Grow up, work something out, please all the fans of the Beatles AND Apple (not an insignificant group, mind you), rake in huge sums of cash, etc.

"We Can Work It Out", my ass...

[sunrain]

Maybe it's just the optimist in me, but I think that this could be a little precursory publicity to an impending agreement. You're right pscates, there's tons of money to be made on both sides. Surely they can see that.

[BuonRotto]

Not to sound like a jerk, but if they're settling, then they have worked things out. We don't know the terms of the deal, whether it's a payoff for Apple Corps to look the other way, whether it involves profit sharing, stock, cash, exclusive use of Beatles music, etc. Sounds juicy in any case...

[psmith2.0]

Not quite the "working it out" I had in mind...

[sunrain]

Originally Posted by BuonRotto Not to sound like a jerk, but if they're settling, then they have worked things out. We don't know the terms of the deal, whether it's a payoff for Apple Corps to look the other way, whether it involves profit sharing, stock, cash, exclusive use of Beatles music, etc. Sounds juicy in any case...

No, you're right. I wasn't clear. By agreement, I meant that I think they'll announce a deal involving the Beatles music on iTMS.

[Wrao]

This is why I mentioned how the beatles could be a serious thorn in the side of Apple computer if they choose to side with MS or something. It'd be huge, adding insult to injury, a big fuck you to everyone at 1 infinite loop. And you can bet the MS marketing machine would milk it for everything it's worth. Sure it wouldn't change dominance, it's not the wild card that the iPod is, but it'd definitely give MS a huge boost in sales, rep and overall presence that would eat away at a large chunk of Apple pie.

I mean, don't get me wrong, I love the beatles, but damn, this is definitely lame.

I was watching some PBS show about the beatles and how they blended various sounds to make more obscure music mainstream, which was their key to success as many profess. It featured some really early performance footage from ~'62, '63, They were such goobers back then, great songs still, but wow, it's hard to believe that they(paul I guess) could be so greedy re: Apple computer.

Side question, a lot of people refer to this as "the beatles vs apple computer" but is this really more of a paul thing? or does ringo feel the same way? I mean, ultimately the beatles is more than just them in a sense of legalese but, of the two living beatles, do they agree about apple computer?

[psmith2.0]

D{o?E?´dered that. I mean, Paul is up there with Oprah, God and Bill Gates in the "money and power" category. I'm sure if he woke up tomorrow and wanted all this to go away and the Beatles on iTMS and whatnot, the ball would get rolling.

Then again, I don't know how much say-so and weight he truly carries in these sort of matters, but I imagine it would have to be significant? I mean...he's THE guy! Especially that the other two major talents are gone, he's definitely the "go to" Beatle.

I don't know.

I'd have a minor (3-4 minute) freak-out session if the Beatles sided with Microsoft. Just the symbolism...it would crush me, if only temporarily.



There's a neat Wings song, "Helen Wheels", that I'd love to own. I've got it on an old beat-up cassette that sounds terrible. I'd love to have a fresh shiny AAC of it.



But nooooooooo...

[Messiahtosh]

It'd be awesome if the Beatles could agree to the following terms:

•Apple Computer would pay for the damages caused to the Apple Records name, paying whatever the amount would be, say 100 million dollars for arguments sake.

•Apple Records would allow Apple Computer to exclusively sell the Beatles entire catalogue on the iTMS

I see this being a solution because the Beatles would get what they want, immediate money, and Apple would have the long term benefit and only lose in the short, short term.

[BuonRotto]

The way the rumor mill is making it sound, prepare for a settlement of well over $100 million. Think about how much money the tobacco companies forked over to states! I'm thinking that this is a billion dollar + settlement, a healthy chunk of which would be cash that Apple was saving for a rainy day.

[Messiahtosh]

Originally Posted by BuonRotto The way the rumor mill is making it sound, prepare for a settlement of well over $100 million. Think about how much money the tobacco companies forked over to states! I'm thinking that this is a billion dollar + settlement, a healthy chunk of which would be cash that Apple was saving for a rainy day.

I doubt it. What real damages have been done to the Apple Records name? Of course there is a lot of legal stuff that I have no clue about, but a billion dollars? Seems insane.

[Wrao]

Well, what's the biggest non-class action law suit settlement to date?

[InactionMan]

Who wants to dig up a copy of the original settlement? I think the trouble with the original settlement between Apple and the Beatles was some really ambiguous language and obviously the inability to see 15 years into the future. I thought the deal was that Apple could not become a record label or act as a record label. So the Beatles think the whole iPod+iTunes thing means that Apple has in essence become a record label and Apple is stating that they are simple distributing music for labels. The original settlement covered Apple computers being used for creating and playing music which would still cover the iPod as it is just a computer that can play music files. I don't know.

Apple had better get the rights to distribute Beatles music from all this. Not that that would make or break iTunes dominance, but if they got the right for distribution most people would view as a victory for Apple. But it'll suck if the Beatles win and then go with MS or Napster. God I hate the Beatles.

[nassau]

what's a $billion among friends?

[BuonRotto]

That's $1 billion in total worth/value, not direct money. Still I think $100 million is probably a lowball estimate. So I offer the highball. Do we start a pool?

I'm just taking a stab in the dark as anything over $1000 feels like "a lot" to me and beyond that, it's hard to differentiate.

[FFL]

Originally Posted by BuonRotto The way the rumor mill is making it sound, prepare for a settlement of well over $100 million. Think about how much money the tobacco companies forked over to states! I'm thinking that this is a billion dollar + settlement, a healthy chunk of which would be cash that Apple was saving for a rainy day.

I suppose I could see a judgment against Apple go that high, but not a settlement worked out between the parties.

[Barto]

There have been two settlements, IIRC both were kept secret.

Apple Corps is a parasite of a company that serves no discernable purpose other than to periodically sue Apple Computer.

Barto

[DMBand0026]

Originally Posted by BuonRotto That's $1 billion in total worth/value, not direct money. Still I think $100 million is probably a lowball estimate. So I offer the highball. Do we start a pool? I'm just taking a stab in the dark as anything over $1000 feels like "a lot" to me and beyond that, it's hard to differentiate.

My money is on .5 billion, at least that's what they'll ask for. Not sure if they'll get it though.