In the Apple battles
going on in UK courts right now, lawyers for Apple Computer
have claimed that iTunes
is not in violation
of the agreement between the two Apples. The lawyers claim that "even a moron in a hurry" can see that there is a difference between iTunes and a record label like Apple Corps
. Apple Computer, they say, distributes music but is not a music label. Surely everyone can see that?
"Data transmission is within our field of use. That's what [the 1991 trademark agreement] says and it is inescapable," said Anthony Grabiner, according to The Associated Press. No "reasonable person," he said, would assume that Apple Computer had created or owned the 3.5 million songs on its hugely successful iTunes music store.