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Original poster
Apr 12, 2001
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The Associated Press reports that Apple and Eight Mile Style, Eminem's music publisher, have settled a lawsuit over distribution of the artist's music via the iTunes Store.
"The case was settled to the satisfaction of all parties," Eight Mile attorney Richard Busch said.

He said terms of the deal are confidential. The agreement was reached Thursday night after five days of trial in federal court here in the hip-hop star's hometown. A message seeking comment was left with Glenn Pomerantz, an attorney for Apple and Aftermath.
The dispute had centered around Apple's contract with record label Aftermath Records for digital distribution of Eminem's work. Eight Mile Style claimed that Aftermath did not hold the rights for digital distribution and thus could not legally enter into an agreement with Apple regarding the material.

The parties had reportedly attempted to reach a settlement before the dispute went to court last week, but were unable to do so.

Article Link: Apple and Eminem's Publisher Settle Lawsuit Over iTunes Sales
 

imwoblin

macrumors 6502
Jun 9, 2007
430
168
Wirelessly posted (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)

Money grab
 

Amdahl

macrumors 65816
Jul 28, 2004
1,438
1
Wirelessly posted (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)

Money grab

Yeah, it's about time people starting holding Apple to account.
 

BrianKonarsMac

macrumors 65816
Apr 28, 2004
1,102
83
Eight Mile Style claimed that Aftermath did not hold the rights for digital distribution and thus could not legally enter into an agreement with Apple regarding the material.
]
Shouldn't Eight Mile Style then be suing Aftermath for entering the agreement with Apple illegally?
 

Rocketman

macrumors 603
Shouldn't Eight Mile Style then be suing Aftermath for entering the agreement with Apple illegally?

Technically there is no indication who bested who. The contract did allow for all forms of distribution known or unknown, so this may be more about how the money is split rather than if the form of distribution was allowed at all. Nobody who knows is talking, so try petitioning the court for papers or interviewing audience members in the room.

Rocketman

http://www.thestreet.com/print/story/10601765.html
 

tbrinkma

macrumors 68000
Apr 24, 2006
1,651
93
Shouldn't Eight Mile Style then be suing Aftermath for entering the agreement with Apple illegally?

That's what I'm thinking. Apple fell victim (and was likely protected) to a little legal concept here called 'apparent agency'. If you rely on someone's assertion that they *do* have the right to sell you something or permit you to do something, and it is a reasonable scenario, you are somewhat protected (not always or completely) from the consequences of your actions.

In this case, Apple negotiated with Aftermath (a publisher of Eminem's music in CD form), and in good faith believed Aftermath was the correct party to negotiate iTunes availability. Aftermath apparently neglected to correct them (whether through ignorance or malice doesn't matter).

Absent that, this would have been a cut-and-dry case against Apple. With that, when Apple finds out the party they negotiated with *wasn't* actually an agent, they know their contract is invalid as it stands, but they likely won't be found liable for the distribution because they *believed* they had a valid license. Aftermath, on the other hand is likely to be the target of a separate suit if they don't hand over their end of things right quick.
 

xIGmanIx

macrumors 6502a
Dec 21, 2008
835
0
depends on what apple knew at the time. Both could be held liable. Just because you didn't steal the IP, if you knew it was stolen, your just as obligated.

Shouldn't Eight Mile Style then be suing Aftermath for entering the agreement with Apple illegally?
 

gnasher729

Suspended
Nov 25, 2005
17,980
5,560
Eminem still on the iTunes store

Seems their agreement was indeed satisfactory for all saids then.
 

Consultant

macrumors G5
Jun 27, 2007
13,314
33
Seems their agreement was indeed satisfactory for all saids then.

Happens, first day of court, the judge will ask whether they tried to settle out of court.

Apparently they did not tried before, and did reach an agreement. A lot of cases are settled this way.
 

RazHyena

macrumors 6502a
Jul 30, 2009
538
0
USA
But it is really Eminem that's mad? Isn't it his producer or agent or somebody?

I get the feeling Slim Shady doesn't care either way. :confused:
 

dwhittington

macrumors regular
Mar 20, 2007
220
131
Houston, TX
That's what I'm thinking. Apple fell victim (and was likely protected) to a little legal concept here called 'apparent agency'. If you rely on someone's assertion that they *do* have the right to sell you something or permit you to do something, and it is a reasonable scenario, you are somewhat protected (not always or completely) from the consequences of your actions.

In this case, Apple negotiated with Aftermath (a publisher of Eminem's music in CD form), and in good faith believed Aftermath was the correct party to negotiate iTunes availability. Aftermath apparently neglected to correct them (whether through ignorance or malice doesn't matter).

Absent that, this would have been a cut-and-dry case against Apple. With that, when Apple finds out the party they negotiated with *wasn't* actually an agent, they know their contract is invalid as it stands, but they likely won't be found liable for the distribution because they *believed* they had a valid license. Aftermath, on the other hand is likely to be the target of a separate suit if they don't hand over their end of things right quick.


In a nutshell, it actually comes down on Aftermath either way. No doubt Apple would be suing Aftermath for damages.
 

cocky jeremy

macrumors 601
Jul 12, 2008
4,791
2,923
I'm shocked to learn the Eminem still sells records!

Me too. I figured he was gone for good. Hadn’t heard his name for years until i read about this on here. Speaking of M&M’s.. sure are tasty! I like the crunchy (blue bag) ones best! :)
 

Xibalba

macrumors 6502
Feb 20, 2009
322
0
Indiana, USA
Me too. I figured he was gone for good. Hadn’t heard his name for years until i read about this on here. Speaking of M&M’s.. sure are tasty! I like the crunchy (blue bag) ones best! :)

agree - eminem seems to still be around huh?

also, since i am not a fan of the peanut M&Ms, i was pleasantly surprised to find the almond M&Ms a while back and prefer the green ones...
 
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