Apple and Eminem's Publisher Settle Lawsuit Over iTunes Sales

Money grab

Money grab

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

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

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

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.

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?

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

Seems their agreement was indeed satisfactory for all saids then.

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.

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