Posted by  pepe512000 in on May 18, 2004 at 9:34 AM
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Apple featured a 10-year-old boy singing the Oscar-winning theme song to the rapper's movie "8 Mile" in an ad on MTV for the computer company's iPod music player and iTunes music service.
On Monday, U.S. District Judge Anna Diggs Taylor ruled that the suit brought by Eminem's publishing company can proceed against several companies, including MTV parent company Viacom and advertising agency TBWA/Chiat/Day.
Taylor threw out two state law-based claims of unfair competition and unjust enrichment.
The television ad appeared many times during three months beginning in July 2003 and on Apple's Web site, despite the fact that the computer company had unsuccessfully sought Eminem's permission for the campaign.
Herschel Fink, a Detroit lawyer for the defendants, said no viewer would think Eminem was endorsing the iTunes service.
Eminem's lawyers say he has never nationally endorsed any product.
story here
http://www.theledger.com/apps/pbcs.dll/article?AID=/20040518/APE/405180684
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User Comments
compmore
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Date: May 18, 2004 @ 12:58 PM
Herschel Fink, a Detroit lawyer for the defendants, said no viewer would think Eminem was endorsing the iTunes service.
that doesn't seem to matter to the industry when their copyrights are being violated.
but this is like watching Godzilla VS. Rodan. who cares who wins.
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 HammerofJustice
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Date: May 18, 2004 @ 1:07 PM
Normally, I would feel bad for the artist, but since its Marshall we are talking about here, eh, I dont really care. Goodpoint though comp, the industry in this case did not care about eminem's work, atleast not enough to "protect the artist" from alleged copyright infringer iTunes.
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Synthetikk242
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Date: May 18, 2004 @ 5:03 PM
this is what is so pathetic about copyright laws, and the music industry. one of the most popular digital music services uses a popular song from a popular artist to promote their service (which in turn promotes the artist as well) and the artist turns around and sues because they "didn't have permission".
this is like bordon suing a grocery store for using their milk products in their commercials...
or an artist suing a record store for using their albums in their advertisments...
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scottjw
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Date: May 18, 2004 @ 9:58 PM
It's bad business on Eminem's part. That little kid singing his song was free advertising for him... not that I care... I say down with MTV and Apple.
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