[Apple] Computer was promoting a store at which to buy music, and more particularly, Computer's musical recordings — permanent downloads — with special characteristics. No objective onlooker could think otherwise.
They were the people who were supplying computer systems, computer software, computer hardware. That's what they did. We were the people supplying the music. And they crossed the dividing line.
The deal says, you stick to computers and we'll stick to music. This is a simple case. They advertise exclusive music for sale with the Apple logo. They are selling music.
That advertisement is as flagrant violation of this agreement as it is possible to imagine.
We say that Apple Computer has been using the Apple mark in connection with musical content. It uses those marks on its music store site at the point of sale of the music content ... it signs artists on its site in just the way a record company would.
What Apple Computers are not doing (when) using the Apple mark is selling software, delivery systems, or anything of the like. They are selling music. And that is in violation of the agreement.
They are in the music business.
If you click on the disco section - which I'm sure would be your lordship's immediate choice - you'll see a list of tracks.
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