The article posted mis-quoted what Apple Computer is actually
arguing. This is from an article in Tidbits:
"One of the interesting developments of Apple Corps' current lawsuit
is that previously undisclosed details of the companies' 1991
settlement have become public. In 1991, Apple Corps agreed to let
Apple Computer use its own marks on items which fell within Apple
Corps field of use (e.g., entertainment), so long as Apple Computer
didn't sell "physical media delivering pre-recorded content." An
example in the agreement bars Apple Computer from selling a CD of
Rolling Stones songs.
<http://www.hmcourts-service.gov.uk/judgmentsfiles/j2468/apple-v-
apple.htm>
As most people know, the iTunes Music Store doesn't sell physical
media: it sells digital tracks which customers download and play on
their computers, an iPod, or (with some determination) other music
devices. The main question before the U.K. court is whether, in legal
terms, those digital versions of recorded audio constitute "physical
media." Some analysts say Apple's iTunes service falls safely within
the bounds granted to Apple Computer outlined in the 1991 agreement;
others say Apple Corps will walk away with a gargantuan ruling."
http://www.tidbits.com/tb-issues/TidBITS-822.html#lnk5
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