Apple and Eminem's Publisher Settle Lawsuit Over iTunes Sales

[MacRumors]

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]

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]

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]

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]

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]

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]

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?

 

[dmcdan0]

I'm shocked to learn the Eminem still sells records!

 

[gnasher729]

Eminem still on the iTunes store

Seems their agreement was indeed satisfactory for all saids then.

 

[Doctor Q]

Eminem still on the iTunes store

That's because there's still money to be made, for both sides.

No use cutting off your nose to spite your face.

 

[thegoldenmackid]

Two people that will definitely not be having a comment on the matter.

 

[Consultant]

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.

 

[TwinCities Dan]

I'm shocked to learn the Eminem still sells records!

Then you'd probably be shocked to learn that his record debuted at #1...

...but that is not the issue here, is it?

 

[megfilmworks]

Big surprise...

 

[RazHyena]

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.

 

[rebeccamartin]

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

Yea all seems to be money grab

 

[dwhittington]

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]

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]

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...

 

[cloudblood84]

I'm shocked to learn the Eminem still sells records!

...Just over 600,000 in the US and over 1,000,000 internationally in the first week...