Apple Corps first sued Apple Computer in 1981, settling the case for $80,000
and the promise that Steve Jobs's company would not enter the music business
again.
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However, when Apple Computer produced music-creation software in 1989 it was
taken to court again by Apple Corps and the case was settled for $26m.
Apple Corps now claims that the creation of Apple's iTunes software breaks
the terms of the 1989 settlement.
This agreement stated that Apple Corps had rights over creative works where
the content was mainly music, while Apple Computer was allowed to reproduce,
run, play or deliver such content.
Apple Computer plans to fight the case by claiming that its service is simply
a system of data transmission.
The deciding factor may be the clause in the previous agreement which stated
that Apple Computer is not allowed to distribute content on physical media. This
originally covered tapes and CDs and may not apply to MP3 music files.
Apple Corps was set up by, and is still owned by, The Beatles and their
heirs, including Sir Paul
McCartney, Ringo
Starr, Yoko Ono and
George Harrison's
widow Olivia. Its Apple Records subsidiary still controls the licensing of
Beatles songs.
The case will be heard in London following a 2004
ruling. Apple Computer had hoped that the case would be heard in California.
Steve Jobs's music empire has faced tough times recently. The French
government proposed a bill last week that would force
Apple to make songs downloaded using its iTunes software playable on all MP3
players.
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