Apple lawyer defends iTunes Store sales of Eminem tracks

“An attorney for Apple defended the Cupertino company’s use of Eminem’s songs on iTunes in court Thursday, as a trial got under way to determine who had the right to offer digital downloads of the rapper’s music,” Ed White reports for The Associated Press.

“Eight Mile Style, Eminem’s music publisher, and an affiliated company, Martin Affiliated, say their contract with Aftermath Records, which controls the recordings, did not entitle it to strike a deal with Apple to sell 93 songs over iTunes,” White reports.

White reports, “The issue for the judge in the rapper’s hometown of Detroit is narrow: What do contracts between Eight Mile and Aftermath say about the ability to peddle songs beyond traditional compact discs?

“In his opening statement, Apple lawyer Glenn Pomerantz said it’s a case of ‘common sense,'” White reports. “‘Nowhere does it say only compact discs. Nowhere does it say … not digital downloads,’ he told U.S. District Judge Anna Diggs Taylor.”

White reports, “Despite the legal dispute, Eight Mile cashed royalty checks and hasn’t asked Apple to stop selling Eminem’s songs, Pomerantz said.”

Full article here.

MacDailyNews Take: This ain’t ’bout nuttin’ but da bidness, right, Em?

37 Comments

  1. If this M&M (which should be the correct spelling, if English is the language of communication) were active in the 70’s, then he could argue that the contract he had back then could not have possibly meant digital downloads, as they had not even existed. This is why we still can’t buy Beatles online. However, if you signed distribution contract in 1998 and later, you would have to specifically exclude distribution medium if you didn’t want to sell there. EMusic, the first digital music store, opened in 1998. So anything from then on had to be specifically mentioned.

    M&T cannot win this, and besides, his beef is with his label, not Apple.

  2. Errrrr…can you cash a royalty cheque and then dispute the basis on which the cheque was issued?

    Where I come from, if you repeatedly cash a cheque you are effectively accepting a contract by what’s called “custom and practice”. It’s the same as turning up every day for work and accepting your salary at the end of the fortnight or whatever: you can’t then turn around and say “I didn’t sign my contract of employment”.

    In any case, the only people that Apple should be defending itself against are music lovers for selling Eminem’s drivel.

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