Yo, that costs $$$ to play. Any yokel knows that, especially someone as smart as the birthday boy. Must of been a screwup is all. By the way, I think the kid in the commercial has a career in show biz ahead of him!!!8)
Better yet, why don't you have the RIAA sue the kid in the commercial for copyright infringement. He's the one actually singing it. J/K guys. Maybe Apple had something in their contract with the big 5 so they can use artists to promote their music service. Anyways, the way I read it, Eminem is not the bad guy here but his publisher is. Sounds like a cheap stab to get more money. I could respect the suit if Eminem himself was pissed off.
apples first mistake was using human scum like eminem in the first place, any hate-filled biggoted scumbag can string hatespeach and swear words together wheres the talent in that i ask you.
Here's a story this morning about it at the Mac Observer.
"The bottom line is they (Apple) were told no and they used (the song) anyway," Howard Hertz, legal counsel for Eminem and his music publishing firm, Eight Mile Style, told The Mac Observer, Tuesday. "My client believes this was deliberate copyright infringement, pure and simple."
...
Copy of an email from a Chiat/Day employee to Eminem's publisher confirming that they were refusing to let them use the song:
Looks pretty shady to me. Whether or not you like Eminem, you have to admit it's pretty brutal that he said NO and they used it anyway. They deserve to get sued.
apples first mistake was using human scum like eminem in the first place, any hate-filled biggoted scumbag can string hatespeach and swear words together wheres the talent in that i ask you.
based on that, it looks like chiat should be getting sued. an advertising firm has to be responsible with those things, and considering apple's long partnership with them, its no surprise apple went ahead with whatever based on the firm's 'yes.'
yep. wow, if that image is legit (and these days it's tough to tell), then chiat/day really screwed up (or steve said "fvck 'em," relying on his reality distortion field to fix any ill will).
p.s. why don't any of the artists that buymusic.com used in their rip-off commercials sue buy.com for royalties? those one hit wonders could probably use the money...
Seeing now that it looks like Apple did use the song w/o permission I think I have it figured out.
Remember when Apple's attorneys were busy suing people for copying the iMac look etc. Well that has died down. But see attorneys are often on retainer or paid a salary when employed for a large corp. So Steve is paying them either way.
So when M&M decides not to endorce without a really big fee- Steve says screw him and uses it anyhow. Now they sue. Steve's attorney's have something to do, when they loose the fee will be a reasonable one for the use of lyrics not an actual endorsement, and Apple gets free iPod iTunes publicity.
Brilliant!
I always say its better to ask for forgiveness than permission.
Seeing now that it looks like Apple did use the song w/o permission I think I have it figured out.
Remember when Apple's attorneys were busy suing people for copying the iMac look etc. Well that has died down. But see attorneys are often on retainer or paid a salary when employed for a large corp. So Steve is paying them either way.
So when M&M decides not to endorce without a really big fee- Steve says screw him and uses it anyhow. Now they sue. Steve's attorney's have something to do, when they loose the fee will be a reasonable one for the use of lyrics not an actual endorsement, and Apple gets free iPod iTunes publicity.
Brilliant!
I always say its better to ask for forgiveness than permission.
I dunno... I don't think I would risk a $10 million dollar lawsuit and the embarrassment just to:
1. Keep a $100,000 a year lawyer busy and
2. Get publicity I could just buy, which would be a lot more positive and a lot less than ten million.
p.s. why don't any of the artists that buymusic.com used in their rip-off commercials sue buy.com for royalties? those one hit wonders could probably use the money...
What would they sue for? They'd probably gotten paid.
This looks more and more like Steve's legendary "**** 'em, they won't sue" tactic, because most companies (including Apple) are careful to cross t's and dot i's as far as this sort of thing goes. Considering how often it's blown up in his face, I marvel at his persistence.
apples first mistake was using human scum like eminem in the first place, any hate-filled biggoted scumbag can string hatespeach and swear words together wheres the talent in that i ask you.
A_greer and Eminem sitting in a tree
K-I-S-S-I-N-G
first, comes love
then, comes marriage(unless some politicians have their way)
I dunno... I don't think I would risk a $10 million dollar lawsuit and the embarrassment just to:
1. Keep a $100,000 a year lawyer busy and
2. Get publicity I could just buy, which would be a lot more positive and a lot less than ten million.
Apple screwed up. "Don't Steal Music"
But they won't have to pay 10 mil. That was just a stupid quote by M&M to try and extort that much. They will end up paying what they would have paid normally plus a small punishment fee.
And their is no bad publicity except no publicity. Plus, even the egative tone of the publicity does not reflect on an Apple product. And when a women hating gay bashing punk is the one complaining, somehow I think Apple may come out as the good guy, even if they did break the rules.
It puts eminem at an interesting position in that respect, it makes him seem like a hack should he actively pursue this, very bad rep for him there, but if he doesn't, then it could lead to other people doing this thinking they can 'get away with it like apple did' and then that would hurt his career.
it could lead to other people doing this thinking they can 'get away with it like apple did' and then that would hurt his career.
Sorry WR but I just can't accept this will hurt his career. For starters, I imagine any royalty paid to him would have been miniscule. Secondly, this phenomena of record companies/artists sticking their hand out every time somebody looks sideways at a song is relatively new. Protecting the artists livelihood is great but there has to be some limits. Song used in motion picture - sure pay the artist. Song used in 30 second commercial - yeah I'll cop that though you used to be able to use short pieces of songs (forget the length 20 secs?) for free. In this instance with the kid singing along - give me a frickin' break.
The UK government recently released a paper reassuring people they would still be able to sing Happy Birthday, enjoy singalongs in pubs and that the postman could still whistle (copyrighted) tunes while he worked. The fact they needed to even say this, provides me with no reassurance whatsoever.
And all I hear when eminem sings is the sound of the world's smallest violin. Poor little rich boy. My heart bleeds for him.
apples first mistake was using human scum like eminem in the first place, any hate-filled biggoted scumbag can string hatespeach and swear words together wheres the talent in that i ask you.
Not to be too much of a dick, but then why don't you become a multi millionaire if it's so easy. Just string together some bad words.
This sounds like it solely the fault of Chiat/Day. Depending on the delivery agreement between Apple and Chiat/Day and liability may rest on their shoulders, not Apple's. Hip Hop artists have a team of lawyers to clear all the samples they use, the responsibility does not lie with the artist. If Apple was operating under the assumption that Chiat/Day had resolved the issue than Apple is faultless.
Whatever, more press for Apple. More press for Eminem. Apparently damages are said to be worth 'at least more than $75000' This story will quickly fade.
I find it really funny that half of you seem to think that Eminem is the bad guy for suing, becuase Apple didn't buy the right to use the song.
So if I didn't buy the right to use OSX and I use it, is Apple wrong for suing me?
It's a prefectly valid claim, especially since it has to do with endorsement. Endorsement deals are big stuff... Look at what Michael Jordan did for Nike.
I hope Eminem wins... Its about damn time people stop stealing things from Detroit and Detroiters.
Comments
Yo, that costs $$$ to play. Any yokel knows that, especially someone as smart as the birthday boy. Must of been a screwup is all. By the way, I think the kid in the commercial has a career in show biz ahead of him!!!8)
Originally posted by ipodandimac
link to ad
ipodandimac: always there with the kickin' assist...
Originally posted by Ebby
Better yet, why don't you have the RIAA sue the kid in the commercial for copyright infringement.
SHHHHHH! They could be listening RIGHT NOW!
"The bottom line is they (Apple) were told no and they used (the song) anyway," Howard Hertz, legal counsel for Eminem and his music publishing firm, Eight Mile Style, told The Mac Observer, Tuesday. "My client believes this was deliberate copyright infringement, pure and simple."
...
Copy of an email from a Chiat/Day employee to Eminem's publisher confirming that they were refusing to let them use the song:
Looks pretty shady to me. Whether or not you like Eminem, you have to admit it's pretty brutal that he said NO and they used it anyway. They deserve to get sued.
Originally posted by a_greer
apples first mistake was using human scum like eminem in the first place, any hate-filled biggoted scumbag can string hatespeach and swear words together wheres the talent in that i ask you.
What a valid, well thought out, original point.
Originally posted by murbot
based on that, it looks like chiat should be getting sued. an advertising firm has to be responsible with those things, and considering apple's long partnership with them, its no surprise apple went ahead with whatever based on the firm's 'yes.'
p.s. why don't any of the artists that buymusic.com used in their rip-off commercials sue buy.com for royalties? those one hit wonders could probably use the money...
Remember when Apple's attorneys were busy suing people for copying the iMac look etc. Well that has died down. But see attorneys are often on retainer or paid a salary when employed for a large corp. So Steve is paying them either way.
So when M&M decides not to endorce without a really big fee- Steve says screw him and uses it anyhow. Now they sue. Steve's attorney's have something to do, when they loose the fee will be a reasonable one for the use of lyrics not an actual endorsement, and Apple gets free iPod iTunes publicity.
Brilliant!
I always say its better to ask for forgiveness than permission.
Originally posted by salmonstk
Seeing now that it looks like Apple did use the song w/o permission I think I have it figured out.
Remember when Apple's attorneys were busy suing people for copying the iMac look etc. Well that has died down. But see attorneys are often on retainer or paid a salary when employed for a large corp. So Steve is paying them either way.
So when M&M decides not to endorce without a really big fee- Steve says screw him and uses it anyhow. Now they sue. Steve's attorney's have something to do, when they loose the fee will be a reasonable one for the use of lyrics not an actual endorsement, and Apple gets free iPod iTunes publicity.
Brilliant!
I always say its better to ask for forgiveness than permission.
I dunno... I don't think I would risk a $10 million dollar lawsuit and the embarrassment just to:
1. Keep a $100,000 a year lawyer busy and
2. Get publicity I could just buy, which would be a lot more positive and a lot less than ten million.
Apple screwed up. "Don't Steal Music"
Originally posted by rok
p.s. why don't any of the artists that buymusic.com used in their rip-off commercials sue buy.com for royalties? those one hit wonders could probably use the money...
What would they sue for? They'd probably gotten paid.
This looks more and more like Steve's legendary "**** 'em, they won't sue" tactic, because most companies (including Apple) are careful to cross t's and dot i's as far as this sort of thing goes. Considering how often it's blown up in his face, I marvel at his persistence.
Originally posted by a_greer
apples first mistake was using human scum like eminem in the first place, any hate-filled biggoted scumbag can string hatespeach and swear words together wheres the talent in that i ask you.
A_greer and Eminem sitting in a tree
K-I-S-S-I-N-G
first, comes love
then, comes marriage(unless some politicians have their way)
then, comes a_greer with a baby carriage
Originally posted by Jubelum
I dunno... I don't think I would risk a $10 million dollar lawsuit and the embarrassment just to:
1. Keep a $100,000 a year lawyer busy and
2. Get publicity I could just buy, which would be a lot more positive and a lot less than ten million.
Apple screwed up. "Don't Steal Music"
But they won't have to pay 10 mil. That was just a stupid quote by M&M to try and extort that much. They will end up paying what they would have paid normally plus a small punishment fee.
And their is no bad publicity except no publicity. Plus, even the egative tone of the publicity does not reflect on an Apple product. And when a women hating gay bashing punk is the one complaining, somehow I think Apple may come out as the good guy, even if they did break the rules.
Originally posted by Wrong Robot
it could lead to other people doing this thinking they can 'get away with it like apple did' and then that would hurt his career.
Sorry WR but I just can't accept this will hurt his career. For starters, I imagine any royalty paid to him would have been miniscule. Secondly, this phenomena of record companies/artists sticking their hand out every time somebody looks sideways at a song is relatively new. Protecting the artists livelihood is great but there has to be some limits. Song used in motion picture - sure pay the artist. Song used in 30 second commercial - yeah I'll cop that though you used to be able to use short pieces of songs (forget the length 20 secs?) for free. In this instance with the kid singing along - give me a frickin' break.
The UK government recently released a paper reassuring people they would still be able to sing Happy Birthday, enjoy singalongs in pubs and that the postman could still whistle (copyrighted) tunes while he worked. The fact they needed to even say this, provides me with no reassurance whatsoever.
And all I hear when eminem sings is the sound of the world's smallest violin. Poor little rich boy. My heart bleeds for him.
Originally posted by a_greer
apples first mistake was using human scum like eminem in the first place, any hate-filled biggoted scumbag can string hatespeach and swear words together wheres the talent in that i ask you.
Not to be too much of a dick, but then why don't you become a multi millionaire if it's so easy. Just string together some bad words.
Whatever, more press for Apple. More press for Eminem. Apparently damages are said to be worth 'at least more than $75000' This story will quickly fade.
So if I didn't buy the right to use OSX and I use it, is Apple wrong for suing me?
It's a prefectly valid claim, especially since it has to do with endorsement. Endorsement deals are big stuff... Look at what Michael Jordan did for Nike.
I hope Eminem wins... Its about damn time people stop stealing things from Detroit and Detroiters.
I'm from Detroit btw.