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sophisticated synthesiser chip. By l99l. after a lllll-day battle in the High Court. Apple Corps won again. this time netting a $26.5 million settlement and a more clearly- defined injunction against Apple Computer infringing on the business of Apple Corps. As every die—hard Apple fan knows. this ruling resulted in the naming of the Mac’s best known system sound. sampled from a xylophone. as ‘sosumi’. Try saying it out loud.
The current case hangs on that l‘)()l judgement. which allowed
APPLE MAY
BE FORCED TO REMOVE THEIR APPLE LOGO AND THE APPLE NAME FROM IPODS
Apple Computer to sell ‘goods or services . . . used to reproduce. run. play or otherwise deliver such lmusicl content‘. But — and this is key — the ruling barred them from distributing music on physical media such as compact discs or cassettes. Under this ruling. the iPod is kosher. and so is iTunes. when used to play music on a Mac or Windows PC. But with the advent of the iTMS. Apple Corps took umbrage and launched a third legal challenge. claiming that by using their apple logo in the context of selling music. Apple Computer were now
infringing on the iconic symbol of
Apple Corps. To demonstrate this in
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court. lawyers for Apple Corps showed Jtrstice lidward Mann. a self-confessed il’od user. a commercial for the i'l‘MS featuring a song by Coldplay. the band fronted by Chris Martin who. famously. has a daughter called Apple.
So. where does DRM come in'.’ It looks likely that. while Apple Computer can arguably sell digital files according to the short-sighted l‘)‘)l judgement. the fact that those files can only be played on the Apple-branded il’od may turn otit to be central to Justice Mann's decision. If he decides that the il’od. constitutes a physical medium. Apple Computer could be infringing on Apple Corps’ trademark rights in the music business.
As with the French case. the outcome of the Apple v Apple hearing is impossible to predict. There is little chance that the iTMS will be forced out of business by an injunction. btrt Apple Computer may be forced to settle for a record sum. or even hand over a stake in the company to Apple Corps. It may tum otrt that Apple Computer will be forced to remove their apple logo and the Apple name from iPods and the iTMS. abandoning a brand which. as this long-running legal battle shows. is both well-established and hugely valuable to the company.
To the average Mac or PC user. both cases could have tar-reaching implications. The former could end up granting us all the right to do as we please with the songs we buy online. while the latter could. at a long shot. barnper our ability to buy from our favourite online music store.
Reviews
DUNGEONS AND DRAGONS ONLINE: STORMREACH (Atari) COO
Thzs is the original. the
rule set that launched incalculable geek dreams. It transformed the pear-shaped goth girl. the lanky long haired drip and the bespectacled social retard into fantastical heroes. All on paper. of course. Because. while the online l'()l€,"l)l£l‘,lltt} game turned into a multi-million pound industry that borrowed \Jlfltléllly everything from D80. the original remained fixed in the land of dice rolling and imagination. Until now. Those familiar Wltll multiplayer online RPGs \‘Jlll pick this up in seconds. and either love or hate the splintered. unconnected adventures and goal- driven character development. The llQWlNO may feel a little lost at first but if they can gather the courage to ask for help. the learning Cup/e is SWIll. Unfortunately there is no hiding the feeling that this is simply an also-ran in the MMORPG world. World of l‘/arcraft is still going great guns. With a more believable perSistent world. Everguest 7, Guild l"/ars and the soon to arrive Vanguard all have their loyal fanbases. Where can 08.0 fit in? It might be the Orlginal bth it isn't the best. Looks like it's failed its reputation-
TOPWSPIN 2 (2K Games) 0000
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gi' fantastic 33 encirqnn‘e'firt. fr. ft‘qw‘ art" : elie‘.tttt~e characters: .irxi ll.’.)‘.lil2' ail almost ‘T‘ill'llit,’ arm; of game l)l(l‘,lf‘it} :thcices for the plamr to sz‘titilllf‘ engrossed in and challenged by. \"v’hile the sports sim is usually out- playing field. a handful of players and a st'itz’. set of rules. And hos: often is that successfallr, reproduced? Surely lllt‘ focussed nature of the source material should concentrate the mind. engendering a near perfect sporting simulation? Well Top Spin 2's 2(3-1 sguare metres of court can very nearly boast that. Despite the mildly pt-zr‘pleXing combination of arcade-inspired frenetically simple action and a lengthy career
campaign. there is enough nuance and graceful power here to please any virtual Andy Murray. Learning the distances from racket to ball. from feet to boonce, from forehand to backhand is both natural and difficult as well as never ending. Fluid. rewarding and intelligently licensed. it's hard to see how Top Spin 2 COuld be much better. rlain Dawdsonr
GHOST RECON: ADVANCED WARFIGHTER (Ubisof‘t) COO.
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strategic ~irr'ilirl’. elements rwr'mizr‘ .iu brilliantly testing r, ever. The near future equipment is we 'ltl"’l and (?X[)l()5$l‘.(:. complimented lif, .i generous feedback loop between ,rru it'l’l your Virtual '.‘.’élll|(,' Though contained and sometimes liriiiting, Tl‘r: arenas of Hill are actually rather lovely and genuiner reflect their supposed real ‘zfi- settings And .‘ll‘ile 1'2‘: solo garrie is fun, fl e rnultiplayer ‘3Xllf:."l‘:.’1',‘f is pretty special The ‘.‘/l(l‘} variety of options and the plet‘icra of missions suggests that this is anthere the long» term appeal of Ghost Recon: Admriced L'A’iri‘ighter actuall. lies And we all k'vlf.’ this is. don‘t we? Becauhe thankfully, team 'nerribers are
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CINEMA
Useful directonr of all the SUWlVlllg cinemas in Scotland With images attacr-ed. But perhaps what is more interesting is their nostalgic list of demOIIShed and closed movie houses. shame to see it's mainly rhultiolexes that have Surya/e0 With some beauti‘ui art-deco boildiegs falling into OiSrepair~ www.5urvivingcinemas.org.uk
In celebrat o': of tyre Ear/r79 8 Drrnlirig
e we tale The are side
Gurde this sso's of the gastronomic more; the dark and sinister .vorlo of ore-packaged artd tinned macaroni cheese. This bra/e soul has sarroeo are we: ever; was Cheese “9 has ' hands on. A brave "iar‘ :r‘deer‘.
www.curlypasta.co.uk
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100 THE LIST 2? Apr-ll May 2006