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By Ina Fried
Posted on ZDNet News: May 10, 2005 6:50:00 PM

Apple Computer and Eminem have settled a long-running dispute over Apple's use of the rap star's music in an iPod commercial.

Eminem's publisher, Eight Mile Style, filed a copyright infringement suit over a 2003 ad that featured a young boy wearing the signature white iPod headphones and singing Eminem's "Lose Yourself" aloud. Eight Mile Style contends that Apple did not have permission to use the rapper's song.

"It was amicably resolved," said Elizabeth A. McNamara, a partner at Davis Wright Tremaine who represented MTV and Viacom, which was also sued by Eight Mile Style. McNamara declined to comment on the terms of the settlement.

An Apple representative confirmed that a settlement had been reached but declined to elaborate on details. A representative for Eight Mile Style was not immediately available for comment.

In the lawsuit, filed in February 2004, Eminem--whose real name is Marshall Mathers--charged that he has never offered a national product endorsement and that any such endorsement "would require a significant amount of money, possibly in excess of $10 million."

In May 2004, a judge threw out certain state claims made by Eminem but allowed the core copyright case to proceed.

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