Apple and Eminem are likely headed to trial in a high-profile case in which Eight Mile Style, Eminem's music publisher, accuses Apple of offering 93 Eminem music tracks through iTunes without permission.
U.S. Magistrate Judge Virginia Morgan reportedly continues to hear private settlement negotiations between the two parties, but Eight Mile Style representatives now say a deal hasn't been reached.
According to Eminem's legal counsel, Apple shared 93 songs through iTunes -- even though there was no approval given -- which is copyright infringement. Apple reportedly made upwards of $2.5M from the unauthorized sales, and the case is headed to a non-jury trial in federal court in Michigan.
The legal battle has dragged on for several years, as Eminem's publisher first filed a lawsuit against Apple in 2005. Apple has long said its deal with Aftermath was completely legal, and it did not infringe on any copyrights.
"Eight Mile and Martin (Affiliated) have not provided that permission," according to a legal brief filed in the Eastern District Court. "Therefore, Apple's reproduction and distribution of the digital transmissions via iTunes constitutes a continuing, and willful, infringement of Eight Mile's and Martin's copyright interests."
Apple has had some difficulty convincing a few music artists to share songs through iTunes, though the financial benefits of offering music through the No. 1 music download service normally helps resolve most legal disputes.
Despite the lawsuit, it's still possible to purchase Eminem's music through iTunes, including the disputed tracks.
