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The Detroit News reports 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 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 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
 

PlaceofDis

macrumors Core
Jan 6, 2004
19,241
5
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 $$.
 
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Velorium

macrumors member
Aug 23, 2009
30
0
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.
 
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whooleytoo

macrumors 604
Aug 2, 2002
6,600
694
Cork, Ireland.
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.
 
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OunZe

macrumors newbie
Jul 10, 2008
28
0
dallas, tx
Suing Wrong Company...

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.
 
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Pukey

macrumors 6502
Jan 7, 2008
412
0
Gekkostate
This is funny. A guy who goes by the name he stole from a popular candy complaining that somebody stole from him.
 
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boscher

macrumors newbie
Sep 17, 2007
13
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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. :)
 
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madrag

macrumors 6502
Nov 2, 2007
365
74
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 :(
 
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jnc

macrumors 68020
Jan 7, 2007
2,297
1
Nunya, Business TX
ITT basement dwellers find an excuse to hate on music they don't like, or even know..

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.
 
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nagromme

macrumors G5
May 2, 2002
12,546
1,196
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.
 
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gnasher729

Suspended
Nov 25, 2005
17,980
5,552
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.
 
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3N16MA

macrumors 65816
Jul 23, 2009
1,011
177
Space
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.
 
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Robert Denby

macrumors newbie
Sep 14, 2007
24
0
Well Em, now you know how George Clinton feels when he hears you and your fellow rappers stealing his music.
 
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maestro55

macrumors 68030
Nov 13, 2005
2,709
0
Goat Farm in Meridian, TX
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?
 
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timothyjay2004

macrumors regular
Apr 12, 2007
131
0
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...
 
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caliguy

macrumors 6502
Jun 12, 2005
293
730
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 <_<
 
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Plutonius

macrumors G3
Feb 22, 2003
8,800
7,995
New Hampshire, USA
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.
 
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