Acton Institute Powerblog

Apples and Oranges?

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An apple a day…

Here’s an interesting story–Apple Corps is suing Apple Computer for breach of contract. You probably recognize the first Apple as the company owned by Paul McCartney, Ringo Starr, and the widows of the other two Beatles. Since 1991, Apple Corps has had a deal with Apple Computer: in essence, the music company agrees to stay out of the computer and telecommunications business, and the computer company agrees to stay out of the music business–technically, each has agreed to keep its trademark out of the others “field of use.” All was fine and dandy until innovation reared its head: iTunes. Through its iTunes Music Store, Apple Computer now sells over three million songs a day–a success driven largely by the invention of the iPod. Apple Corps claims that Apple Computer has now elbowed in to the former’s “field of use.”

So this brings up an interesting dilemma: when a company like Apple creates something new–in this case, a new distribution system for music–unimaginable in the time when the terms of a particular agreement were set, how does this change the agreement itself? When the two Apples agreed to stay out of one another’s field of use, what happens when one Apple creates a new field that is similar in some ways to the one it promised to stay out of?

…won’t keep the lawyers away.

Of course, I am no lawyer, and cannot say how things ought to play out (any thoughts on this from those who know?). But it is worth noting that the creativity of entrepreneurs–in this case, the creative minds at Apple–can easily disrupt common ways of thinking about particular industries. Markets are not static entites, but we often don’t think that innovation can also change our terms of understanding. This is not a negative. Rather, it shows the multiple powers of human creativity: the thing created also demands the creation of new ways of understanding our world and language.

Anthony Bradley Anthony Bradley, Ph.D. is Associate Professor of Theology and Ethics in the Public Service Program at The King's College in New York City and serves as a Research Fellow at the Acton Institute. Dr. Bradley lectures at colleges, universities, business organizations, conferences, and churches throughout the U.S. and abroad. His books include: Liberating Black Theology: The Bible and the Black Experience in America (2010),  Black and Tired: Essays on Race, Politics, Culture, and International Development (2011),  The Political Economy of Liberation: Thomas Sowell and James Cone of the Black Experience (2012), Keep Your Head Up: America's New Black Christian Leaders, Social Consciousness, and the Cosby Conversation (2012), Aliens in the Promised Land:  Why Minority Leadership Is Overlooked in White Christian Churches and Institutions (forthcoming, 2013). Dr. Bradley's writings on religious and cultural issues have been published in a variety of journals, including: the Atlanta Journal-Constitution, the Detroit News, and World Magazine. Dr. Bradley is called upon by members of the broadcast media for comment on current issues and has appeared C-SPAN, NPR, CNN/Headline News, and Fox News, among others. He studies and writes on issues of race in America, hip hop, youth culture, issues among African Americans, the American family, welfare, education, and modern slavery. From 2005-2009, Dr. Bradley was Assistant Professor of Systematic Theology and Ethics at Covenant Theological Seminary in St. Louis, MO where he also directed the Francis A. Schaeffer Institute.   Dr. Bradley holds Bachelor of Science in biological sciences from Clemson University, a Master of Divinity from Covenant Theological Seminary, and a Doctor of Philosophy degree from Westminster Theological Seminary.  Dr. Bradley also holds an M.A. in Ethics and Society at Fordham University.

Comments

  • It seems to me that the better course of action for Apple Corp. here would be to actually put the Beatles’ catalog onto the iTunes Music Store…

  • And then release a special edition iPod with the entire Beatles catalog on it. And Apple Corp. could share in the profit!