Eminem and Apple Head to Court Over iTunes Distribution

[MacRumors]

http://www.macrumors.com/images/macrumorsthreadlogo.gif (http://www.macrumors.com/2009/09/24/eminem-and-apple-head-to-court-over-itunes-distribution/)

The Detroit News reports (http://www.detnews.com/article/20090924/ENT04/909240433/1361/Eminem-s-lawyers-take-on-Apple-Inc.-in-court) that lawyers for Apple and Eight Mile Style, rapper Eminem's music publisher, headed to court this morning over a complaint filed by Eight Mile Style in 2007 regarding improper distribution of digital downloads. The complaint claims that Apple improperly offered nearly 100 of Eminem's songs for sale via the company's iTunes Store by making a deal for distribution with record label Aftermath Records, which Eight Mile Style claims did not hold the rights to digital distribution.In his opening statement, Eight Mile attorney Richard Busch said unique wording in Eminem's contract with Aftermath Records requires the record company to get separate deals before it can sell downloads of Eminem's songs over the Internet.

The record company "knew that they did not have the right to make these songs available for digital download without a separate digital download agreement," Busch told U.S. District Judge Anna Diggs Taylor.Apple's lawyers, on the other hand, contend that the company held a valid agreement with Aftermath Records for digital distribution.

The Detroit Free Press noted earlier today (http://www.freep.com/article/20090924/NEWS01/90924015/1001/NEWS/Eminem-camp--Apple-to-face-off-in-Detroit-court) that Apple had been hoping to reach a settlement with Eight Mile Style regarding the issue, but talks between the two parties broke down yesterday evening. Eight Mile Style contends that Apple earned $2.58 million from the improper sales.

Eight Mile Style previously sued Apple (http://www.macrumors.com/2004/02/24/eminems-publisher-sues-apple/) for improper use of Eminem's hit single "Lose Yourself" in an iTunes Store television commercial. The dispute was settled out of court with undisclosed terms.

Article Link: Eminem and Apple Head to Court Over iTunes Distribution (http://www.macrumors.com/2009/09/24/eminem-and-apple-head-to-court-over-itunes-distribution/)

[thegoldenmackid]

Eminem will show up when...?

[levitynyc]

Another reason to hate Eminem.

[thespazz]

Another reason to love Eminem.

[swingerofbirch]

This seems like it should be cut and dry. Either the claims are true or not, but even if they are wouldn't 8 mile be suing aftermath records? They're the ones who claimed (correctly or incorrectly) to have the right to distribute the music to Apple.

[Mykbibby]

Apple lawyers never lose, I'm sure this case will be no different.

[PlaceofDis]

shouldn't this be a dispute between Aftermath and Eight Mile Style then?

Granted Apple accepted the tracks, etc, but this sounds like its more of a dispute of the contract between Aftermath and Eight Mile Style. of course Eminem is probably going after Apple because of the past and $$.

[Velorium]

This seems like it should be cut and dry. Either the claims are true or not, but even if they are wouldn't 8 mile be suing aftermath records? They're the ones who claimed (correctly or incorrectly) to have the right to distribute the music to Apple.

I was thinking the same thing, I don't get it.

[whooleytoo]

This seems like it should be cut and dry. Either the claims are true or not, but even if they are wouldn't 8 mile be suing aftermath records? They're the ones who claimed (correctly or incorrectly) to have the right to distribute the music to Apple.

Good question!

In that scenario, Apple may have been completely unaware that Aftermath didn't have the rights; but does that (in US law) make them less culpable?

Since Eminem's contract had "unique wording", they may simply have assumed all distribution rights were with one label, as with most artists; and they hardly have time to scour every artist's contract.

[OunZe]

Apple had a valid deal. Eight Mile should be suing Aftermath Records instead. They are they ones who claimed they owned the rights, not Apple.

[RazHyena]

Old news. ;)

Eminem isn't going to win this one.

[Pukey]

This is funny. A guy who goes by the name he stole from a popular candy complaining that somebody stole from him.

[boscher]

shouldn't this be a dispute between Aftermath and Eight Mile Style then?

Granted Apple accepted the tracks, etc, but this sounds like its more of a dispute of the contract between Aftermath and Eight Mile Style. of course Eminem is probably going after Apple because of the past and $$.

I agree. The dispute should be between Aftermath and Eight Mile. It's not like Apple went onto Napster and downloaded his music files and then started selling them. Aftermath is at fault for signing a contract with Apple knowing (or unknowing) that they did not have the rights to do so and handing over m&m's :p digital catalogue for digital distribution. Just my opinion. :)

[madrag]

This seems like it should be cut and dry. Either the claims are true or not, but even if they are wouldn't 8 mile be suing aftermath records? They're the ones who claimed (correctly or incorrectly) to have the right to distribute the music to Apple.

I agree, good one!
This way the 8 mile is getting some publicity :(

[jnc]

Good to hear no one's above the law. Sounds like EMS have something of a case, if nothing's been spun. Though the target could be wrong - it'll be down to deciding who's at fault. EMS may lose to Apple and go on to win against Aftermath, or something. Hard to see how it'll work once we go down that route.

[RyanR.]

That guy is still around?:eek:

[Mactagonist]

Apple had a valid deal. Eight Mile should be suing Aftermath Records instead. They are they ones who claimed they owned the rights, not Apple.

When deciding who to sue, you generally pick the person with the deepest pockets first! :)

[nagromme]

iTunes is so big now that one single artist's dispute between one label and another, even with Apple caught in the middle, seems pretty trivial.

[gnasher729]

This seems like it should be cut and dry. Either the claims are true or not, but even if they are wouldn't 8 mile be suing aftermath records? They're the ones who claimed (correctly or incorrectly) to have the right to distribute the music to Apple.

Well, if both sides that we hear about said the truth, then Apple had good reason to _believe_ that they had a right to sell these records, but did not indeed have the rights. The correct thing to do would be a court case with a tiny bit of discovery: Eminem shows the contract with the record company, Apple shows their sales of Eminem records, Apple pays the money, Apple sues the record company to get their money back.

I think Apple might not want to settle out of court but have a judge decide that Apple didn't have the right to sell the records, which in turn would be evidence against the record company.

[3N16MA]

That guy is still around?:eek:

Why are you surprised that he is still around? He only has the biggest opening week for sales on Billboard for any artist this year and will most likely be the top selling artist in 2009.

[Robert Denby]

Well Em, now you know how George Clinton feels when he hears you and your fellow rappers stealing his music.

[maestro55]

Why are you surprised that he is still around? He only has the biggest opening week for sales on Billboard for any artist this year and will most likely be the top selling artist in 2009.

That is just sad.

Frankly, though -- why are they complaining about improper distribution? The more sales of the music the more money for the record company. Or am I missing something?

[timothyjay2004]

8 Mile is only doing it for money. After Apple, they probably go after Aftermath.. It's ridiculous. Another reason to hate the music industry and their greed..

Makes you wonder if Apple will deny Eminem from the iTunes Music Store now. Then, he will get less sales, and still be bi*ching... Idiot...

[caliguy]

8 Mile is only doing it for money. After Makes you wonder if Apple will deny Eminem from the iTunes Music Store now. Then, he will get less sales, and still be bi*ching... Idiot...

That would be great. He's an idiot. Like the iTMS really hurt his earnings <_<

[Plutonius]

Apple had a valid deal. Eight Mile should be suing Aftermath Records instead. They are they ones who claimed they owned the rights, not Apple.

But Apple has the deep pockets. It's not a matter of who's right or wrong. It's who he can get the most money out of.

[Eminemdrdre00]

Hmmm who do I side with?!

[whooleytoo]

Apple had a valid deal. Eight Mile should be suing Aftermath Records instead. They are they ones who claimed they owned the rights, not Apple.

Apple may not be in the wrong (I don't know), but if this is true then they certainly don't have a valid deal.

[Prenvo]

Wow, Eminem sounds like a total idiot :(

[nkawtg72]

Emma-who?!:confused:

[zombitronic]

In regards to all the Eminem hate, I'm not sure that he's actually involved in the lawsuit. It sounds like this may be between some shady (pun intended) execs and lawyers at 8 Mile who think they can get a few million more dollars. And you're all right. This sounds like it should be between 8 Mile and Aftermath, not 8 Mile and Apple.

The confusing part, to me, is that after The Slim Shady LP, Eminem started his own label, Shady Records. So where are they in this whole mess? In that case, it makes sense that Aftermath should not have given the okay to sell the music. Shady Records and their publishers should have.

[mistergsf]

Why are you surprised that he is still around? He only has the biggest opening week for sales on Billboard for any artist this year and will most likely be the top selling artist in 2009.

I don't think Em will end up being the top selling artist in 2009 although he still has a big following. He did have the best release back in May in the 1st week (608,000 units) but plunged in the 2nd week. I pulled up the Billboard 200 Chart and did a quick perusal and I didn't find him anywhere so I'm not sure where he is on the charts right now. Here's a Billboard snippet from last June:

"Eminem's "Relapse" holds on to the No. 1 slot with ease, shifting 211,000 in its second week, down 65.3% from its whopping bow last week with 608,000. With 819,000 sold, "Relapse" has already become the fifth best-seller of the year. Taylor Swift's "Fearless" leads the pack with 1,173,000. So far, only two albums have shifted a million in 2009, "Fearless" and the "Hannah Montana: The Movie" soundtrack (1,004,000). At this point last year, believe it or not, only one album had surpassed a million -- Jack Johnson's "Sleep Through the Static."

[hissyfit]

let me first say that i am huge Apple fangirl that is not the issue here. Apple should have been aware or rather made aware of eminem's new distributer and publishing company. i imagine in order to correct the issue now 8 mile has to sue both Apple and Aftermath. i am a pro songwriter and an artist. i support eminem demands. why shouldn't he get the money that is his? why should some mega company worth billions withhold it from him or any artist for that matter. wouldn't you want the money if it belonged to you? wouldn't you want to know that when you buy a record from iTunes that the some of what you spent it goes to the artist that you are trying to support? after if course all the managers, publishers, booking agents and record labels recoup and of course the IRS takes about 40% by the time the artist and writers see anything it is mostly gone!

[Badandy]

It seems to me that people shouldn't be taking side on this one (such as "another reason eminem sucks!!!!") considering we don't even know all the facts of the case.

Are people that big of Apple gambits and rap haters that they make reactionary statements without even knowing the facts? God people, get a grip.

[hissyfit]

Hmmm who do I side with?!

let me first say that i am huge Apple fangirl that is not the issue here. Apple should have been aware or rather made aware of eminem's new distributer and publishing company. i imagine in order to correct the issue now 8 mile has to sue both Apple and Aftermath. i am a pro songwriter and an artist. i support eminem demands. why shouldn't he get the money that is his? why should some mega company worth billions withhold it from him or any artist for that matter. wouldn't you want the money if it belonged to you? wouldn't you want to know that when you buy a record from iTunes that the some of what you spent it goes to the artist that you are trying to support? after if course all the managers, publishers, booking agents and record labels recoup and of course the IRS takes about 40% by the time the artist and writers see anything it is mostly gone!
whether it's eminem, U2 or joe shmo' a lot of musicians write, produce, recruit fans, rehearse and perform their music giving the music industry an complete product but inside the biz we are at the bottom of the totem pole.

[Amdahl]

Apple had a valid deal. Eight Mile should be suing Aftermath Records instead. They are they ones who claimed they owned the rights, not Apple.

Eight Mile owned the rights. Apple infringed the rights, because Eight Mile had not licensed the music for digital distribution to Apple, or to a company Apple had an agreement with.

If Apple loses, the aftermath will include a lawsuit by Apple against... Aftermath.

[nicegoogly]

let me first say that i am huge Apple fangirl that is not the issue here. Apple should have been aware or rather made aware of eminem's new distributer and publishing company. i imagine in order to correct the issue now 8 mile has to sue both Apple and Aftermath. i am a pro songwriter and an artist. i support eminem demands. why shouldn't he get the money that is his? why should some mega company worth billions withhold it from him or any artist for that matter. wouldn't you want the money if it belonged to you? wouldn't you want to know that when you buy a record from iTunes that the some of what you spent it goes to the artist that you are trying to support? after if course all the managers, publishers, booking agents and record labels recoup and of course the IRS takes about 40% by the time the artist and writers see anything it is mostly gone!

You are totally right about the known or should have known. I remember when Apple used lose yourself in their ads, it was without permission. My recollection was that they made a deal with him to appear in their commercials later. Apple is no different than the kid who downloads here. They had been given notice by 8 Mile Style and I am sure the agreement with aftermath was shown to them and it appears pretty clear that certain protocols were not followed by aftermath to get permission. Once Apple is put on notice, they have to cease this activity. Is is not only 8 Mile Style that has a case against aftermath, but Apple may file a cross-petition for being initially duped, but Apple should have stopped once they were put on notice. That is what the all the current intellectual property legislation requires the companies do at first is to assert their rights against the little guy, then you must cease and decist while they put together the case where the penalty is lost profits and $150,000.00 per infringement. How is this any different? They were put on notice by the publisher and chose to go with what would line their pockets in the meantime. If the Apple lawyers are as good as everyone thinks they are, they would have seen that it is clear in the 8 Mile Style and Aftermath agreement that 8 Mile Style's permission was required for digital downloads, and sought damages against Aftermath for damages or other relief. If they knew and chose to ignore it, then how is that not piracy? I love the criticisms of Eminem, the attorneys on all sides except for Apple's attorneys and the legal process on this. The RIAA and their lawsuits are ridiculous. The money they receive from their wins go back into the RIAA to continually perpetuate litigation. The artists never see this money. The record companies never see this money. I have defended a number of criminal cases where the RIAA has chimed in with their craziness, making fools of themselves claiming record companies and artists not part of their "association", giving lost profit list prices, for example, on CD's at $29.99 (which is the retail price, they don't represent Best Buy or Walmart, they do not sell these albums for that much. Mind you, I am an Apple fan, I do not condone anyone stealing music, movies or software. But when you want to yell at everyone else who is stealing, you have to yell at Apple, as much as you love them, when they do it to. If the 13 year old cannot claim ignorance in downloading and sharing 36 Britney Spears songs (that is whole different kind of crime), Apple certainly cannot claim ignorance after seeing this contract. What makes Apple worse then the 13 years old who shares it, is that they made a profit off of sharing it.

[Neotyguy40]

Doesn't anyone know Apple never loses in court?

Even if he does win, Apple can sue Aftermath and get thrice the amount of cash he did.

[iSee]

This seems like it should be cut and dry. Either the claims are true or not, but even if they are wouldn't 8 mile be suing aftermath records? They're the ones who claimed (correctly or incorrectly) to have the right to distribute the music to Apple.

Well...

1. Anyone can sue anyone for anything. If the case has no merit then they'll lose and pay court costs (hopefully) .

2. 8 Mile has a case against Apple because Apple sold music they didn't have the rights to sell (assuming what 8 Mile claims it true). Apple may have legitmately believed they had the right, but that doesn't mean they get to keep the money.

3. If 8 Mile prevails against Apple, Apple will have a very good case against Aftermath. (Assuming Aftermath asserted to Apple that they did have the right to sell a download distribution deal to Apple -- I'm sure that's standard for every iTunes deal).

4. 8 Mile could go after Aftermath or Apple or both on this. They are probably just following the money. E.g., if you sue Aftermath and win $2 Million, but Aftermath has no money, what have you won except some leagal bills? If you sue Apple and win you know they've got the money to pay.

[DavidG328]

8 Mile is only doing it for money. After Apple, they probably go after Aftermath.. It's ridiculous. Another reason to hate the music industry and their greed..

Makes you wonder if Apple will deny Eminem from the iTunes Music Store now. Then, he will get less sales, and still be bi*ching... Idiot...

My guess is he'll leave Aftermath alone, since that's Dr. Dre's own label. Unless there's a recent grudge between the two (and I'm doubting there is), I don't think he'll go after them at all. Dre helped make Eminem who he is today.

[blahblah100]

This is funny. A guy who goes by the name he stole from a popular candy complaining that somebody stole from him.

Apple Corps / Apple Records: Founded in 1968

Apple Computer: Founded in 1976

Seems very 'similar' especially given how much of a fan Steve Jobs is of The Beatles.

Are you implying that if someone 'steals' something, they have no future rights against theft of their own property?

Pot, meet kettle.

[Truffy]

Well Em, now you know how George Clinton feels when he hears you and your fellow rappers stealing his music.
Yep, good to see Emmy getting it back. Makes up for some of the pain that he's inflicted on the rest of us.

[Truffy]

i am a pro songwriter and an artist. i support eminem demands. why shouldn't he get the money that is his? why should some mega company worth billions withhold it from him or any artist for that matter.
I don't think anyone has said he shouldn't get the money that's his (I hope he does and then chokes on it). The point is whether he should be suing the company that released his songs for download or the company that 'knowingly' gave them permission to do so while 'knowingly' not having the right to do that? But Apple's and 8 Mile's lawyers are a damned sight smarter than anyone on this forum, so I guess the real answer will come in time.

Or is that too much joined-up thinking for a "pro songwriter and an artist"?

[Nuvi]

I think it would be complicated for Eminem to go after Aftermath Entertainment. Apple is far less complicated target for Eminem. For more info check Aftermath Entertainment on wikipedia and make up your own conclusions.

[Truffy]

Dre helped make Eminem who he is today.
At least we know who to blame.

[Bman3221]

i doubt Eminem has to do anything with the lawsuit. Eminem is not interested in making money. Im sure this is just Eminem's agent Paul Rosenburg who wants to do the lawsuit to make money.

[Bill&Rose]

Wait a minute, is this not the same group of Apple supporters who have been bashing Palm for their PRE?

What is any different in this, now because it is Apple doing the wrong it is now OK?

Sorry but Apple is no more lilly white then Palm is. :eek:

[richard4339]

You are totally right about the known or should have known. I remember when Apple used lose yourself in their ads, it was without permission. My recollection was that they made a deal with him to appear in their commercials later. Apple is no different than the kid who downloads here. They had been given notice by 8 Mile Style and I am sure the agreement with aftermath was shown to them and it appears pretty clear that certain protocols were not followed by aftermath to get permission. Once Apple is put on notice, they have to cease this activity. Is is not only 8 Mile Style that has a case against aftermath, but Apple may file a cross-petition for being initially duped, but Apple should have stopped once they were put on notice. That is what the all the current intellectual property legislation requires the companies do at first is to assert their rights against the little guy, then you must cease and decist while they put together the case where the penalty is lost profits and $150,000.00 per infringement. How is this any different? They were put on notice by the publisher and chose to go with what would line their pockets in the meantime. If the Apple lawyers are as good as everyone thinks they are, they would have seen that it is clear in the 8 Mile Style and Aftermath agreement that 8 Mile Style's permission was required for digital downloads, and sought damages against Aftermath for damages or other relief. If they knew and chose to ignore it, then how is that not piracy? I love the criticisms of Eminem, the attorneys on all sides except for Apple's attorneys and the legal process on this. The RIAA and their lawsuits are ridiculous. The money they receive from their wins go back into the RIAA to continually perpetuate litigation. The artists never see this money. The record companies never see this money. I have defended a number of criminal cases where the RIAA has chimed in with their craziness, making fools of themselves claiming record companies and artists not part of their "association", giving lost profit list prices, for example, on CD's at $29.99 (which is the retail price, they don't represent Best Buy or Walmart, they do not sell these albums for that much. Mind you, I am an Apple fan, I do not condone anyone stealing music, movies or software. But when you want to yell at everyone else who is stealing, you have to yell at Apple, as much as you love them, when they do it to. If the 13 year old cannot claim ignorance in downloading and sharing 36 Britney Spears songs (that is whole different kind of crime), Apple certainly cannot claim ignorance after seeing this contract. What makes Apple worse then the 13 years old who shares it, is that they made a profit off of sharing it.

That is where the legal system gets confusing... My dad bought a boat when he was young, and it turns out it was stolen. He didn't know. The police came took the boat, and the guy went to jail, but he had to go to court then to sue the guy to get his money back from the illicit sale (which took years to collect). Since this isn't criminal, Party A has goods that were given by Party B to Party C who didn't actually own them to sell. So, how does all the money get back where it should go? Party A has to sue everybody, then Party C has to sue Party B too?

[LEStudios]

shouldn't this be a dispute between Aftermath and Eight Mile Style then?

Granted Apple accepted the tracks, etc, but this sounds like its more of a dispute of the contract between Aftermath and Eight Mile Style. of course Eminem is probably going after Apple because of the past and $$.

Yeah it is because when I bought ALL of his albums it was Aftermath on them and still is, so who had the digital version of his albums then sent it to iTunes for iTunes Plus? Aftermath. I guess he rather believe Apple would betray him instead of Dr. Dre and Aftermath Records. :rolleyes:

[EagerDragon]

shouldn't this be a dispute between Aftermath and Eight Mile Style then?

Granted Apple accepted the tracks, etc, but this sounds like its more of a dispute of the contract between Aftermath and Eight Mile Style. of course Eminem is probably going after Apple because of the past and $$.

Sounds like he is trying to also get cash from Apple, I agree this sounds like a contract issue that has nothing to do with Apple.

[McBeats]

Apple had a valid deal. Eight Mile should be suing Aftermath Records instead. They are they ones who claimed they owned the rights, not Apple.

Aftermath is considered a Defendant as well in this case, if i read correctly.

[DougB541]

Ok, I kinda don't think Eminem has much to do with this...rather whoever is publishing those songs are in charge. His label is Shady Records...which is not named in this lawsuit.

So i'm thinking the 93 songs were probably when he was only signed to Aftermath (Dr. Dre's label) and there was a separate publishing group set up?


Either way, i don't think Eminem himself would want to go after Dr. Dre's label that he himself is still signed on as well.

[DougB541]

Emma-who?!:confused:

The guy who has one of the top selling albums in america right now.

:rolleyes:


i wish people would stop acting like people aren't famous just because they don't like them.

[Ploki]

Another reason to love Eminem.
wow, another reason to love a man.
some people have more noble reasons.

anyway, its stupid. they went after apple for publicity and because they dont have the guts to sue Dr.Dre's Label, as Doug pointed out.

[pr5owner]

Apple lawyers never lose, I'm sure this case will be no different.


lol never lose? are you serious? maybe you should go google apple lawsuits.

[kkat69]

So let me get this straight, Aftermath sold the rights to distribute the music to Apple, and Apple is sued?

Sounds more to me like Aftermath Records need to step up and go "My Bad here's your money gangsta"

[kurosov]

The guy who has one of the top selling albums in america right now.

:rolleyes:


i wish people would stop acting like people aren't famous just because they don't like them.

Ameri-where?

I wish people would stop acting like the country they live in is the only place on the planet.

[roland.g]

If you walk Eight Miles in Style to get some Eminem's and you stop to grab some Shady under an Apple tree, what will the Aftermath be?

[Journojulz]

i wish people would stop acting like people aren't famous just because they don't like them.

Its not that we don't think he is famous, just that we don't think he will be famous for leaving a meaningful body of work that generations will enjoy. We aren't talking about marvin gaye or johnny cash here.

Debbie gibson was famous for a while. Debbie gibson was famous for a while. What sells mega units in the malls of nowheresville idawhatever doesn't automatically mean they are "great art"

[Miguey]

so i googled this...and came across this in Google :)

Eminem, whose real name is Marshall Mathers, was not in court. He is not a plaintiff in the lawsuit and is not listed as a trial witness.

"He's well aware of what's going on," said Mark Bass, a songwriter and producer who, with his brother Jeff, is credited with launching Eminem's career. "It's important to all songwriters across the board."

I still don't see why people bash him like its his fault :/ And yes, for everyone thinking this is shady business, welcome to the music industry.

[JtheLemur]

We aren't talking about marvin gaye or johnny cash here.

Johnny-who?






THANK YOU AND GOODNIGHT ;D

[jlanuez]

Wirelessly posted (iPhone: Mozilla/5.0 (iPhone; U; CPU iPhone OS 3_1 like Mac OS X; en-us) AppleWebKit/528.18 (KHTML, like Gecko) Version/4.0 Mobile/7C144 Safari/528.16)

That guy is still around?:eek:

His music is on iTunes?

[newrigel]

8 Mile is only doing it for money. After Apple, they probably go after Aftermath.. It's ridiculous. Another reason to hate the music industry and their greed..

Makes you wonder if Apple will deny Eminem from the iTunes Music Store now. Then, he will get less sales, and still be bi*ching... Idiot...
Apple... drop that PUNK!:D:D:D:D
Feature more independent metal artist that have TALENT!!!

[ultranoia]

eminem is a whiny ass titty baby (WATB).

[run-kmc]

Everybody from the three one three, engage in protracted legal battles with Apple and follow me.

[Chimpy]

Yawn. Eminem is still around??

[Mexbearpig]

Yawn. Eminem is still around??

Who? :confused::D

[coolbreeze]

quietly whispers to Eminem: you aren't relevant anymore, pass it on...

[aaarrrgggh]

The issue here is not if Apple had the right to sell the music, it is what percentage of the take eminem/eight mile gets. M&M contends that Apple is Licensed by the label to produce copies, rather than selling copies that the label manufactures.

Technically, I side with M&M on this one; the label has no interaction with the sales process once they give the masters to Apple. Apple is producing all the copies of the work, therefore they are a licensee to the music, and not a distributor.

M&M's contract was for a 40% share of license revenue or 30% of distribution revenue. He is losing 10 points because the label claims they are still promoting and manufacturing the music as it is sold on iTunes.

Apple is just named because you sue everybody in a dispute like this...

[djchuckc27]

eminem sucks.

[suss2it]

quietly whispers to Eminem: you aren't relevant anymore, pass it on...
Didn't he have the biggest debut of '09? And when his CD came out on iTunes it was #1 in almost all the countries.

EDIT: Yes he did.

http://img194.imageshack.us/img194/4459/eminemworldtakeover.jpg

[iMJustAGuy]

...Britney Spears...

Dude, Britney Spears is the *****!

[andy721]

omfg screw Eminem how bout we just illegally download his songs if he doesn't like to be on itunes good luck.

[suss2it]

omfg screw Eminem how bout we just illegally download his songs if he doesn't like to be on itunes good luck.

Who said he didn't like being on iTunes? He just wants more money for what he created.

Ok, I kinda don't think Eminem has much to do with this...rather whoever is publishing those songs are in charge. His label is Shady Records...which is not named in this lawsuit.

So i'm thinking the 93 songs were probably when he was only signed to Aftermath (Dr. Dre's label) and there was a separate publishing group set up?


Either way, i don't think Eminem himself would want to go after Dr. Dre's label that he himself is still signed on as well.

Eminem isn't signed to Shady Records though. He does own it however.

[Miguey]

so i googled this...and came across this in Google :)

Eminem, whose real name is Marshall Mathers, was not in court. He is not a plaintiff in the lawsuit and is not listed as a trial witness.

"He's well aware of what's going on," said Mark Bass, a songwriter and producer who, with his brother Jeff, is credited with launching Eminem's career. "It's important to all songwriters across the board."

I still don't see why people bash him like its his fault :/ And yes, for everyone thinking this is shady business, welcome to the music industry.

Im just going to quote this again. with the URL

http://www.google.com/hostednews/ap/article/ALeqM5hLHN0B1ePk0iXR6tswaD7L6om2vgD9ATTHRO0

Now, stop bashing Eminem already?

was not in court. He is not a plaintiff in the lawsuit and is not listed as a trial witness.

Why the hate if he's not even in court? Why not just blame the exec's?

[JGowan]

This is funny. A guy who goes by the name he stole from a popular candy complaining that somebody stole from him.Just putting 2 & 2 together... but I think Eminem is short for M&M or Marshall Mathers' two initials. Kind of clever, actually and since his business is working with words, you kind of have to give it to him for choosing a clever name.

Speaking of great names to go by... Pukey... great screen name you got there!

[JLUGO35]

All the Eminem hate is pretty damn funny considering he is not actively involved in the case. On the other hand the Relapse album is ****ing hilarious.

[LOLaMac]

Its not that we don't think he is famous, just that we don't think he will be famous for leaving a meaningful body of work that generations will enjoy. We aren't talking about marvin gaye or johnny cash here.

Debbie gibson was famous for a while. Debbie gibson was famous for a while. What sells mega units in the malls of nowheresville idawhatever doesn't automatically mean they are "great art"

And who is it that decides what is great art? You?

[gnagy]

All the Eminem hate is pretty damn funny considering he is not actively involved in the case. On the other hand the Relapse album is ****ing hilarious.

Well, it's his damn music. He should be in control of his own music, and if he's not that just proves his dumb.

[JLUGO35]

Well, it's his damn music. He should be in control of his own music, and if he's not that just proves his dumb.

Obviously if he not an active member then it is not affecting him to much.

[koobcamuk]

Another reason to hate Eminem.

Another reason to love Eminem.

:D

[koobcamuk]

Well, it's his damn music. He should be in control of his own music, and if he's not that just proves his dumb.

No, it proves how awful the labels and large corporations like Apple are.

[kornyboy]

Wirelessly posted (iPhone: Mozilla/5.0 (iPhone; U; CPU iPhone OS 3_1 like Mac OS X; en-us) AppleWebKit/528.18 (KHTML, like Gecko) Version/4.0 Mobile/7C144 Safari/528.16)

This sounds more like an issue with the record company than with Apple. It sounds like they are sueing the wrong party which is probably why it is going to court. If the original contract is with the record company and Apple does not have a contract with the artist then the beef is with the record company. That's my 2 cents on the issue anyway.

[dernhelm]

shouldn't this be a dispute between Aftermath and Eight Mile Style then?

Granted Apple accepted the tracks, etc, but this sounds like its more of a dispute of the contract between Aftermath and Eight Mile Style. of course Eminem is probably going after Apple because of the past and $$.

Seems like it. But then I never could understand our legal system. It's quite possible Apple inherited responsibility a lot like someone who purchases stolen goods does.

[Journojulz]

And who is it that decides what is great art? You?

All of us. Some art is popular because it reminds us of the times of our life that we spent listening to it.

This is why middle aged people always love the music of their teens - even if it is rubbish.

But great art reaches across time.

If future generations see his value and treasure his music like ray charles or bob dylan - then its pretty good art.

Sales alone don't prove quality. Macdonalds, microsoft and maria carey spring to mind

[jzuena]

When deciding who to sue, you generally pick the person with the deepest pockets first! :)

Except that they are usually the ones with the best lawyers :D

[fiveinchwrench]

..."Eight Mile Style previously sued Apple for improper use of Eminem's hit single "Lose Yourself" ...

What a sorry washed up, has-been. Nobody cares about him any more so he resorts to trying to make money this way?

[seedster2]

LOL

Without being apprised of the details and or parties involved, the macrumors Apple defense team come out to besmirch Eminem:rolleyes:

He suddenly lost relevance despite his record sales and popularity. So irrelevant that he landed Page 1 priority on macrumors....

[suss2it]

..."Eight Mile Style previously sued Apple for improper use of Eminem's hit single "Lose Yourself" ...

What a sorry washed up, has-been. Nobody cares about him any more so he resorts to trying to make money this way?

He's not even actively involved in the case, and again he has the highest selling album of '09 so I fail to see how he's washed up.

I know Apple makes great products (I can't remember my life without my iPhone:p) but does that mean we have to bash whomever appears to be 'against' Apple, no matter the circumstances?

[andy721]

Who said he didn't like being on iTunes? He just wants more money for what he created.



Eminem isn't signed to Shady Records though. He does own it however.

Well I'm sure he liked it but yeah money is always an option, but he already has enough of it unless he keeps spending it on hookers n drugs.

[andy721]

Who said he didn't like being on iTunes? He just wants more money for what he created.



Eminem isn't signed to Shady Records though. He does own it however.

Well I'm sure he liked it but yeah money is always an option, but he already has enough of it unless he keeps spending it on hookers n drugs.

[LOLaMac]

All of us. Some art is popular because.....

Translation......more than just you. So cut it out with the stupid crap like "WE don't think he will be famous for....." You sure as hell don't speak for me, so don't word your posts like you do, or that you are somehow the sole purveyor of what is quality, and what is not.

[Mattie Num Nums]

Apple lawyers never lose, I'm sure this case will be no different.

So WRONG! Apple settles most of there cases out of court.

[twoodcc]

people are too greedy these days

[megfilmworks]

IMHO
They will settle for an undisclosed amount payable to Eminem.

[jnc]

quietly whispers to Eminem: you aren't relevant anymore, pass it on...

Didn't he have the biggest debut of '09? And when his CD came out on iTunes it was #1 in almost all the countries.

EDIT: Yes he did.

/snip

I don't use this term much, but..... owned! :D

IMHO
They will settle for an undisclosed amount payable to Eminem.

Only if there's a more than marginal probability Apple were at fault. And perhaps to save face. But EMS aren't after any small amount of change

[DougB541]

Eminem will easily go down as one of the best rappers to do it.

SO enough with the "he's not relevant talk" as that just shows 2 things:

1. you don't know what you are talking about
2. You are probably not a rap fan.


Anyway, its been proven hes not even involved in this so lets move past that.