Eight Mile Style, LLC et al v. Apple Computer, Incorporated

Filing 108

Amended MOTION to Strike 79 Statement, 74 Response to Motion,,,,,,,,,,,,, by Aftermath Records, Apple Computer, Incorporated. (Attachments: # 1 Index of Exhibits to Corrected Motion to Strike, # 2 Exhibit Declaration of Melinda LeMoine, # 3 Exhibit 1-A Excerpts from Deposition of Patrick Sullivan, # 4 Exhibit 1-B E-Mail from DeSalvo to Sullivan dated Aug. 27, 2008, # 5 Exhibit 1-C Email from DeSalvo to Sullivan dated August 20, # 6 Exhibit 1-D Eight Mile Style's Responses to First Set of Interrogatories, # 7 Exhibit 1-E Martin Affiliated's Responses to First Set of Interrogatories, # 8 Exhibit 1-F Eight Mile Style's Responses to First Set of RFPs, # 9 Exhibit 1-G Martin Affiliated's Responses to First Set of RFPs, # 10 Exhibit 1-H Eight Mile Style's Responses to Second Set of RFPs, # 11 Exhibit 1-I Martin Affiliated'd Responses to Second Set of RFPs, # 12 Exhibit 1-J Eight Mile Style's Responses to Second Set of Interrogatories, # 13 Exhibit 1-K Martin Affiliated's Responses to Second Set of Interrogatories, # 14 Exhibit 2 - Anderson v. United States) (Lemoine, Melinda)

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Eight Mile Style, LLC et al. v. Apple Computer Inc., et al. Case No. 2:07-CV-13164 EXHIBIT 1-D Plaintiff Eight Mile Style, LLC's Responses to Defendants' First Set of Interrogatories, dated March 21, 2008 5005843.1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION STYLE LLC and MARTIN AFFILIATED LLC EIGFJT NILE Plaintiffs Case No 207-ev-13164 Diggs Taylor Judge Donald Scheer vs Hon Anna Magistrate COMPUTER INC and AFTERMATH RECORDS cl/b/a AFTERMATH ENTERTAINMENT APPLE Defendants Howard Hertz Hertz Schram 1760 South P26653 PC Road 300 48302 Richard Busch Ballow TN BPR14594 Plaza King 1100 Telegraph Union Street Street Bloemfield Hills MI 315 Union Nashville 248 335-5000 TN 37201 hhertz@hertzschram.com 615 259-3456 rbuschkingballow.com Attorney for Plaintiffs PLAINTIFF EIGHT MILE STYLE LLCS RESPONSES FIRST SET OF INTEROGATORIES Plaintiff TO DEFENDANTS Eight Mile Style LLC Eight Mile provides the following objections and responses to the First Set of Interrogatories Interrogatories propounded by Defendants Apple Inc named as Apple Computer Inc and Aftermath Records dlb/a Aftermath Entertainment GENERAL OBJECTIONS The following General Objections apply to and are incorporated in each and every response to each and every Interrogatory whether or not such General Objections are expressly incorporated by reference in such response Eight Mile objects to the Interrogatories to the extent they collectively or individually seek information subject to or protected by the attorney-client privilege the attorney work prcduct privilege or any other privilege or protection from disclosure Eight Mile hereby invokes all such privileges to the extent implicated by each Interrogatory and excludes privileged and prcitected information from its responses to the Interrogatories Any disclosure of information protected by those privileges is inadvertent and is not intended to waive any privilege or protection Eight Mile objects to the Interrogatories to the extent they purport to impose on Eight Mile any obligation that is different from or greater than any imposed by the Federal Rules of Civil Procedure the Local Rules of the United States District Court for the Eastern District of Michigan or any other applicable law or rule Eight Mile objects to the Interrogatories as duplicative unduly burdensome and harassing to the extent they seek information that is equally available to Defendants or information that could be derived or ascertained by Defendants with substantially the same effort that would be required of Eight Mile from review of the documents produced in this case Eight Mile objects to the Interrogatories to the extent they seek information that is not in Eight Miles possession custody or control or that is publicly available Eight Mile objects to the Interrogatories to the extent they seek information that is confidential proprietary trade secret information and/or competitively sensitive material Eight Mile will disclose such responsive non-privileged information only upon entry of and in accordance with the terms of an appropriate protective order To the extent that the Interrogatories seek information concerning an identified contention or factual issue Eight Mile objects that the Interrogatories are premature Discovery in this case recently commenced and Eight Mile has not completed its investigation of the facts relevant to this case Eight Miles responses are necessarily preliminary and are made without prejudice to its right to disclose introduce or rely upon information that may be later discovered or produced In responding to the Interrogatories Eight Mile does not waive or intend to waive any privilege or objection including but not limited to any objections to the competency relevance materiality or admissibility of any of the information disclosed in response to the Interrogatories No objection or response made in these responses and objections shall be deemed to constitute representation by Eight Mile as to the existence or non-existence of the information requested Eight Mile objects to the Interrogatories as vague ambiguous overly broad and unduly burdensome to the extent any Interrogatory requires Eight Mile to provide information that is different from or at different time than as required under Federal Rule of Civil Procedure 26a2 Eight Mile objects to the Interrogatories as vague ambiguous overly broad and unduly burdensome to the extent any Interrogatory commands or requires Eight Mile to provide responses or documents in any manner or to any extent that is different that the scope provided by Rules 33 and 34 of the Federal Rules of Civil Procedure OBJECTIONS AND RESPONSES TO INTERROGATORIES INTERROGATORY NO.1 Identify all works for which You seek relief through Your Complaint RESPONSE TO INTERROGATORY NO.1 its Eight Mile incorporates General Objections above Subject to and without waiver of the foregoing General Objections Eight Mile responds that any relevant information that may be within the scope of this Interrogatory may be determined by Defendants examination of the Complaint filed in this matter in particular paragraph and collective Exhibit attached to the Complaint Defendants are in possession of the Complaint and Exhibit referenced therein and the burden of deriving that information is substantially the same for Defendants as for Eight Mile and therefore Eight Mile refers Defendants to same See Fed Civ 33d in this Further see Schedule Plaintiffs Compositions attached hereto Discovery case is ongoing and Eight Mile reserves the right to supplement or amend this response at later time INTERROGATORY NO.2 For each work identified in Your response to Interrogatory No above Identify all Persons who have an ownership interest in that work RESPONSE See TO INTERROGATORY NO.2 Response to Interrogatory INTERROGATORY NO.3 Identify all Persons with knowledge of any of the matters alleged in Your Complaint RESPONSE Eight TO INTERROGATORY NO.3 Mile incorporates its General Objections above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to this Interrogatory as overly broad ambiguous and unduly burdensome in that it is not possible for Eight Mile to know all persons who have knowledge or the of the same or what an unknown third person may have on the read about the Complaint allegations therein Eight Mile further objects grounds that the Interrogatory is vague and ambiguous with respect to the term knowledge to of the Complaint and its allegations Eight Mile fhrther objects to this Interrogatory the extent the information requested is within the possession custody or control of Defendants Eight Mile further objects to this Interrogatory to the extent the information requested requires an expert opinion Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states Joel Martin who may be contacted through Plaintiffs counsel of record INTERROGATORY NO.4 For each claim set forth in Your Complaint separately Identify the amount of damages and/or losses that You have allegedly suffered under each claim and provide detailed calculation illustrating how You arrived at each amount and the methodology used to reach each damage calculation RESPONSE Eight TO INTERROGATORY NO.4 Mile incorporates its General Objections above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to thjs Interrogatory to the extent the information requested is within the possession custody or control of Defendants Eight Mile ftrther objects to this Interrogatory to the extent the information requested requires an expert opinion Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states that any relevant information that may he within the scope of this Interrogatory may be determined by Defendants examination of the Complaint filed in this matter Defendants are in possession of the Complaint therefore the burden of deriving that information is substantially the same for Defendants as for Eight Mile See Fed Civ 33d Affiliated As set forth in the Complaint Eight Mile and Martin LLC contend that as result of Defendants willful copyright infringement by the authorized reproduction distribution and sale of Plaintiffs copyrighted compositions identified in Exhibit to the Complaint Plaintiffs are entitled to their actual damages which is the subject of expert opinion and the profits of Apple that are attributable to the digital reproduction sale and distribution of Plaintiffs compositions or alternatively statutory damages of up to $150000 per act of infringement Plaintiffs also seek additional remedies including attorneys fees and costs pursuant to 17 U.S.C 505 injunctive relief and declaratory relief Discovery in this case is ongoing and Eight Mile reserves the right to supplement this response at later time INTERROGATORY NO.5 Identify all facts that support Your contention that Eight Mile and Martin have never authorized Universal to license the works to Apple as alleged in Paragraph 12 of Your Complaint RESPONSE Eight TO INTERROGATORY NO.5 Mile incorporates its General Objections above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to the extent this Interrogatory to the extent it seeks legal conclusion and to the extent the information requested requires an expert opinion Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states to the best of its knowledge Plaintiffs have never authorized Universal to license Plaintiffs compositions to Apple Plaintiffs are the owners of the composition copyrights set forth in Exhibit to the Complaint and Schedule identified in response to Interrogatory As the exclusive owners of the musical composition copyrights the exclusive right among others to reproduce and distribute those copyrighted works resides with Plaintiffs or those who Plaintiffs authorize to reproduce or distribute said works Plaintiffs have not authorized Apple and or permitted Aftermath on Plaintiffs behalf to authorize Apple to reproduce distribute sell Plaintiffs copyrighted compositions much less reproduce distribute and sell them without compensation to either or both of the Plaintiffs Plaintiffs specifically have rejected licenses requested and proposed by Aftermath for digital phonorecord delivery DPD licenses to Plaintiffs and Plaintiffs advised Aftermath that Plaintiffs would not execute the DPD prepared by or for Aftermath Specifically Joel Martin advised Chad Gary Pat Blair and others at UMG for Aftermaths co-venturer that Plaintiffs would not execute Aftermaths standard licenses digital phonorecord deliveries If any digital licenses were to be executed at all they would have to contain restrictions and limitations as dictated by Plaintiffs including but not limited to limit on duration of term specified territory and requirements regarding accounting Aftermath was advised that Plaintiffs would only execute digital license prepared by Plaintiffs For each proposed license sent to Plaintiffs by Aftermath which contained provision purporting to license the digital reproduction and distribution of Plaintiffs compositions such licenses were denied were not executed and were not returned to Aftermath but such rejected licenses were retained by Plaintiffs Aftermath subsequently sent modified licenses for the reproduction and distribution of Plaintiffs works in Defendant joint Aftermath Records between doing business as Aftermath Entertainment Records an to Aftermath partnership division is venture three entities Interscope California general unincorporated the Interscope Recordings Partnership Interscope corporation Records authorized of UMG UMO Inc and is Delaware do business ARY general division Inc of California corporation of three ARY entities in the State of California Records Records an The Interscope Interscope Partnership unincorporated Corporation partnership comprised UMU UMG and PM Productions Inc Delaware physical format only and omitted provisions regarding the digital reproduction and distribution of Plaintiffs compositions which modified licenses comported with Plaintiffs refusal to execute Aftermaths proposed digital licenses of Plaintiffs works Further Joel Martin advised Pat Blair of Aftermath see th.l to segregate all of Plaintiffs licenses such that none of Plaintiffs licenses would authorize digital reproduction and distribution but only the mechanical reproduction and distribution of physical product In addition Plaintiffs are cognizant of the difference between mechanical license for physical product such as compact disc and DPD license for the reproduction and distribution of Plaintiffs compositions in digital format INTERROGATORY NO.6 Identi all facts that support Your contention that Eight Mile and of the Martin have never authorized Universal to engage in reproduction or distribution digital transmissions through third parties or otherwise as alleged in Paragraph 12 of Your Complaint RESPONSE TO INTERROGATORY NO.6 to See Response Interrogatory INTERROGATORY NO.7 Identi all facts that support Your contention that Universal has on any number of occasions asked Eight Mile or Martin to execute agreements allowing Apple to reproduce and distribute the digital transmissions but Eight Mile and Martin have not provided that permission as alleged in Paragraph 12 of Your Complaint RESPONSE See TO INTERROGATORY NO.7 Response to Interrogatory Further on single occasion Plaintiffs may have entered into contract with Universal with very narrow scope of rights granted for mastertones to cell phones with limited term and carefully constructed limitation of rights INTERROGATORY NO.8 Identify all facts that support Your contention that Eight and Mile and Martin have demanded that Apple cease and desist its reproduction distribution of the digital transmissions of the Compositions and Apple has refused to cease and desist as alleged in Paragraph 14 of Your Complaint RESPONSE Eight TO INTERROGATORY NO.8 Mile incorporates its General Objections above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to the extent this Interrogatory to the extent it seeks legal conclusion and to the extent the information requested requires an expert opinion Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states that subsequent to the audit performed by the Gary Cohen Corporation Plaintiffs put Aftermath on notice of the accounting irregularities including those with respect to the digital distribution of Plaintiffs composition Plaintiffs also sent letter to Apple on July 27 2007 instructing Apple to cease and desist from the further unauthorized use of Plaintiffs compositions See Fed Civ 33d INTERROGATORY NO.9 Identify all facts that support Your contention that Apples conduct has at all times been knowing and willful as alleged in Paragraph 18 of Your Complaint RESPONSE Eight TO INTERROGATORY NO.9 Mile incorporates its General Objections above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to the extent this Interrogatory to the extent it seeks legal conclusion and to the extent the information requested requires an expert opinion Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states at no time did Apple enter into any agreement with Plaintiffs owners of the musical composition copyrights to digitally reproduce synchronize publicly perform and/or distribute Plaintiffs copyrighted compositions yet Apple reproduced synchronized publicly performed and/or distributed and continues to do so Plaintiffs compositions without authorization from Plaintiffs or Plaintiffs authorized agent Further Plaintiffs sent cease and desist letter to Apple on July 27 2007 however compositions Apple has knowingly and willfully failed to stop the infringement of Plaintiffs Moreover this action commenced on July 30 2007 and Apple filed its Answer to Plaintiffs Complaint on September 14 2007 however Apple has knowingly and willfully failed to stop the infringement of Plaintiffs compositions despite the commencement of legal action INTERROGATORY Identi all NO 10 that facts support Your contention that Apples Miles intentionally wrongful conduct described herein has intentionally interfered in Eight and Martins existing and prospective relationships with end users of the Compositions who download the Compositions via iTunes as alleged in Paragraph 21 of Your Complaint 10 RESPONSE Eight TO INTERROGATORY Mile incorporates its NO 10 Objections General above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to the extent this Interrogatory to the extent it seek legal conclusion and to the extent the information requested requires an expert opinion Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states Plaintiffs own interests in copyrighted musical compositions see Response to Interrogatory No and Schedule Absent violation of any of Plaintiffs exclusive rights Plaintiffs would have entered into agreements with end users of Plaintiffs works however Apple deprived Plaintiffs of the right to enter into such agreements by usurping Plaintiffs role as the exclusive rights holder INTERROGATORY Identify all NO 11 that facts support Your contention that Apples as actions described above constitute unfair competition with respect to Eight Mile and Martin alleged in Paragraph 24 of Your Complaint RESPONSE Eight TO INTERROGATORY Mile incorporates its NO 11 Objections General above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to the extent this Interrogatory to the extent it seeks legal conclusion and to the extent the information requested requires an expert opinion Subject to and without waiver of the foregoing General and Specific Objections Eight II Mile states see Response to Interrogatory 10 The same facts set forth in Interrogatory 10 cause Apples conduct to be unfair competition Plaintiffs as owners of the copyrighted musical compositions identified in Interrogatory No who and Schedule attached hereto have proprietary rights to deal with or not third parties wish to use Plaintiffs works Apple has entered into business relationship with end users and with Aftermath that effectively competes with Plaintiffs for the use of Plaintiffs works Holding themselves out as owners of Plaintiffs copyrighted works when they are not constitutes unfair competition among other violations of law INTERROGATORY Identify all NO 12 that facts support Your contention that Apples wrongful conduct has been knowing and willful as alleged in Paragraph 25 of Your Complaint RESPONSE Bight TO INTERROGATORY Mile incorporates its NO 12 Objections General above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to the extent this Interrogatory to the extent it seeks legal conclusion and to the extent the information requested requires an expert opinion Subject to and without waiver of the foregoing General and Specific Objections Bight Mile states Defendants have knowledge that neither of them are owners of Plaintiffs copyrighted works Further Apple is aware that the unauthorized use of copyrighted works is impermissible Punch Andrews of Michigan who is the manager for Kid Rock and Bob Seger put Apple on notice that Apple did not have the proper publishing licenses and demanded those works be taken down from Apples store iTunes Apple responded by taking down the 12 unlicensed works from iTunes Thus on demand Apple removed the unauthorized material thereby recognizing its obligation to remove those works from its store because Apple did not have valid licenses for those works In this action despite knowledge of the foregoing Apple continued to reproduce distribute sell and display Eminem recordings containing Plaintiffs musical compositions in violation of Plaintiffs rights Plaintiffs sent cease and desist letter to Apple on July 27 2007 which was ignored Finally this lawsuit was filed on July 30 2007 and Apple continues to infringe in knowing willful disregard of Plaintiffs rights INTERROGATORY Identify all NO 13 that facts support Your contention that Apples wrongful conduct constitutes unfair competition under state law as alleged in Paragraph 28 of Your Complaint RESPONSE Eight TO INTERROGATORY Mile incorporates its NO 13 Objections General above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to the extent this Interrogatory to the extent it seeks legal conclusion and to the extent the information requested requires an expert opinion Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states see Response to Interrogatory 10 INTERROGATORY Identify all NO 14 that facts support Your contention that Apples conduct conduct constitutes an unfair unconscionable deceptive method act or practice in the of trade or commerce under 13 MCL 445.903 as alleged in Paragraph 31 of Your Complaint RESPONSE Eight TO INTERROGATORY NO Mile incorporates its 14 General Objections above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to the extent this Interrogatory to the extent it seeks legal conclusion and to the extent the information requested requires an expert opinion Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states see Response to Interrogatory 10 Further Defendants do not own do not control and do not have the right to reproduce synchronize publicly perform distribute or display Plaintiffs copyrighted works INTERROGATORY Identify all NO 15 that facts support Your contention that the terms of March 1998 and July 2003 Agreements including without limitation the terms of Paragraph captioned Mechanical Royalties of each such Agreement do not provide any defense to any of the claims in Your Complaint RESPONSE Eight TO INTERROGATORY Mile incorporates its NO 15 Objections General above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to the extent this Interrogatory to the extent it seeks legal conclusion and to the extent the information requested requires an expert opinion 14 Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states The language used in the Agreements demonstrate that digital uses were not contemplated or covered under Paragraph Furthermore the Agreements do not contain or constitute or even purport to constitute license of any kind Paragraph merely speaks to certain royalty rates that will apply under certain licenses that will be given to Aftermath and its distributors/licensees but omits numerous material terms and conditions that are essential to creating such license Further the parties subsequent conduct demonstrates their understanding as to the actual granting of licenses and the procedures therefor For example even with respect to the granting of mechanical licenses for physical product Plaintiffs have used their own license forms with terms and conditions that are acceptable to them and Paragraph was not understood by the parties to constitute mechanical license Furthermore the course of conduct between Plaintiffs and Aftermath including Interscope and Universal shows that Plaintiffs would only enter into licenses for digital uses i.e the mastertone agreement approved by and acceptable to Plaintiffs including but not limited to limit to duration territory and requirements for accounting and Universal sent proposed licenses to Plaintiffs for digital use that were rejected as not being acceptable As discovery is ongoing Plaintiffs reserve the right to supplement this response INTERROGATORY IdentifS all NO 16 acts that wrongful You contend Aftermath has committed regarding any of the matters alleged in Your Complaint RESPONSE Eight TO INTERROGATORY Mile incorporates its NO 16 Objections General above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege 15 and work product doctrine Eight Mile objects to this Interrogatory to the extent it seeks expert opinion or expert testimony Eight Mile objects to this Interrogatory as vague ambiguous overly broad unduly burdensome irrelevant and not reasonably calculated to lead to the discovery of admissible evidence Eight Mile further objects to this Interrogatory to the extent the information requested is within the possession custody or control of Defendants Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states Aftermath purported to license Eight Miles copyrighted musical compositions to Defendant Apple which such compositions Aftermath neither owns or controls See also Response to Interrogatory Nos 67 89 10 11 13 14 and 15 INTERROGATORY Identify all NO 17 who have had any involvement whatsoever in the Persons draffing negotiation execution or performance of any agreement relating to the distribution in digital format of any of the works at issue in Your Complaint RESPONSE Eight TO INTERROGATORY NO 17 Mile incorporates its General Objections above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile objects to this Interrogatory to the extent it seeks expert opinion or expert testimony Eight Mile objects to this Interrogatory as vague ambiguous overly broad unduly burdensome irrelevant and not reasonably calculated to lead to the discovery of admissible evidence Eight Mile further objects to this Interrogatory to the extent the information requested is within the possession custody or control of Defendants Eight Mile further objects to this Interrogatory to the extent it seeks confidential or commercial information trade secrets or confidential research 16 Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states it only enters into licenses for the digital distribution of its compositions which Eight Mile has prepared Eight Mile has entered into certain ringtone and mastertone licenses which have been drafted and/or negotiated by Joel Martin Mark Levinsobn and Alan Skiena do Mark Levinsohn Universal and Aftermath have knowledge of those individuals within their organization with knowledge INTERROGATORY Identif5t all NO 18 involved in the Persons drafting negotiation execution or performance of any part of the March 1998 Agreement including without limitation Paragraph thereof RESPONSE Eight TO INTERROGATORY Mile incorporates its NO 18 Objections General above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile objects to this Interrogatory to the extent it seeks expert opinion or expert testimony Eight Mile further objects to this Interrogatory as vague ambiguous overly broad unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence Eight Mile further objects to this Interrogatory to the extent the information requested is within the possession custody or control of Defendants Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states Joel Martin Howard Hertz Esq Peter Hertz Schram PC 1760 South Telegraph Road 300 LLP Scott Bloomfield Hills Michigan 48302 Patemo Esq King Holmes Patemo Berliner 1900 Ave Of The Stars 25th Floor Los Angeles California 90067 and Marnie Nieves and Aronson do Kelly Klaus Esq Munger 90071-1560 Tolles Olson LLP 355 South Grand Ave 35 Floor Los Angeles California and Paul Rosenberg New York 17 INTERROGATORY IdentifS all NO 19 involved in the Persons drafting negotiation execution or performance of any part of the July 2003 Agreement including without limitation Paragraph thereof RESPONSE Eight TO INTERROGATORY NO 19 Mile incorporates its General Objections above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile objects to this Interrogatory to the extent it seeks expert opinion or expert testimony Eight Mile further objects to this Interrogatory as vague the ambiguous overly broad unduly burdensome and not reasonably calculated to lead to discovery of admissible evidence Eight Mile further objects to this Interrogatory to the extent the information requested is within the possession custody or control of Defendants Subject to and without waiver of the foregoing General and Specific Objections Eight Mile states Joel Martin Mark Levinsohn York Esq Gary Levinsoim Amay LLP Ziffren 1790 Broadway 10th Floor New York New Stiffelman 10019 Stiffleman Brittenham Branca Fischer Gilbert-Lurie Cook LLP 1801 Century Park Los Angeles California 90067 and Rand Hoffman and Lisa Rogell Interscope Records 2220 Colorado Avenue Santa Monica CA 90404 INTERROGATORY Identify all NO 20 You have had with communications any Person including without limitation Eminem captioned or any of Eminems representatives regarding this lawsuit or regarding the lawsuit Productions LLC et at Aftermath Records cl/b/a Aftermath Entertainment et at Case No CV-07-033l4 C.D Cal or any of the matters alleged in either action IS RESPONSE Eight TO INTERROGATORY Mile incorporates its NO 20 above Mile General Objections Eight specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile objects to this Interrogatory to the extent it seeks expert opinion or expert testimony Eight Mile further objects to this Interrogatory as vague ambiguous overly broad unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence Eight Mile further objects to this Interrogatory to the extent the information requested is within the possession custody or control of Defendants Bight Mile further objects to this Interrogatory to the extent it seeks discovery in separate action entitled F.B Productions LLC et al Aftermath Records d/b/a Aftermath Entertainment et al Case No CV-07-033 14 C.D Cal action which such discovery is subject to separate scheduling order inapplicable to this Subject to and without waiver of the foregoing General and Specific Objections Bight Mile states it communicated with Gary Stiffleman Ziffren Brittenham Branca Fischer Gilbert Lurie Stiffelman Cook LLP 1801 Century Park Los Angeles California 90067 INTERROGATORY Identify all NO 21 who participated in Persons the preparation of Your responses to these Interrogatories RESPONSE Bight TO INTERROGATORY NO 21 Mile incorporates its General Objections above Eight Mile specifically objects to this Interrogatory to the extent it calls for information protected by the attorney-client privilege and work product doctrine Eight Mile further objects to this Interrogatory as vague ambiguous 19 overly broad unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence Subject to Eight Miles General and Specific Objections Eight Mile responds that Plaintiffs counsel and Plaintiffs participated in the preparation of Eight Miles responses DATED March 21 2008 Respectfully submitted KING BALLOW Richard Busch Street Street TN Bar No 014594 1100 Union 315 Union Plaza Nashville TN 37201 615 259-3456 rbusehkingba1low.com Howard Hertz Hertz Schram P26653 PC Road Suite 300 1760 Telegraph Bloomfield Hills MI 48302 248 335-5000 hhertz@hertzschram.com Attorneys for Plaintiffs 20 CERTIFICATE The postage OF SERVICE foregoing undersigned hereby certifies the that the document was served via U.S Mail pre-paid and via e-mail to following Counsel Daniel On Quick Esq Wright behalf of Inc and Aftermath Records d/b/a Apple Aftermath Dickinson 38525 PLLC Ave Entertainment Woodward Suite 2000 Bloomfield Hills MI 48304 248 433-7200 corn dquickdickinsonwright Kelly Klaus Tolles Esq Olson Munger LLP 355 South Grand Suite 3500 Ave Los Angeles CA 90071-1560 213 683-9238 kelly.klausmto.com this 21 day of March 2008 21 2:07-civ- Eight Mile Style, et al. v. Apple Computers, et. Al SCHEDULE 1 - PLAINTIFFS' COMPOSITIONS COMPOSITION TITLE 40 OZ ALBUM TITLE D12 WORLD REGISTRATION NUMBER CLAIMANT PA 1-245-114 Eight Mile Style Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Martin Affiliated Runyon Avenue/EMI April Music Tarpo Music /Nottingdale Songs PA 1-245-103 Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music PA 1-204-555 Eight Mile Style Martin Affiliated PA 1-204-569 Carter Boys Music / EMI April Music Efartooee Music/Raha Music/Mafia Boy Music Eight Mile Style Martin Affiliated Ain't Nothin' Goin on But Funkin Music / Warner PA 1-325-368 Chappell Music Eight Mile Style Elvismambo/Music Of Windswept Hits From Da Bong/BMG Songs Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Ain't Nothin' Goin on But Funkin Music / Warner PA 1-295-394 Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc. Martin Affiliated 6 In the Morning D12 WORLD 8 Mile 8 Miles & Running 8 Mile S/T 8 Mile S/T American Psycho 2 D12 WORLD Ass Like That Encore (Deluxe Version) COMPOSITION TITLE Average Man ALBUM TITLE Cheers Big Weenie Encore (Deluxe Version) Bitch D12 WORLD Business The Eminem Show REGISTRATION NUMBER CLAIMANT PA 1-245-073 Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. Ain't Nothin' Goin on But Funkin Music / Warner PA 1-295-392 Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc. PA 1-245-115 Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Martin Affiliated Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Ain't Nothin' Goin on But Funkin Music / Warner PA u 2-696-276 Chappell Music Eight Mile Style Elvismambo/Music Of Windswept Feemstro Music / Universal Music Z-tunes, LLC Sony ATV Music Publishing Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. Eight Mile Style Eight Mile Style Sony ATV Music Publishing Andorra Music / Sony ATV Tunes Eight Mile Style Martin Affiliated Cheers Cheers PA 1-245-074 Cleaning Out My Closet Cleaning Out My Closet Crazy In Love The Eminem Show Curtain Call - The Hits (Deluxe Version) Encore (Deluxe Version) PA 1-073-403 PA 1-073-403 (COHM) PA 1-295-397 COMPOSITION TITLE Curtains Close Curtains Up Curtains Up Don't Come Down ALBUM TITLE Encore (Deluxe Version) The Eminem Show Encore (Deluxe Version) Cheers Don't Push Me Get Rich or Die Trying REGISTRATION NUMBER CLAIMANT PA 1-295-390 Eight Mile Style Martin Affiliated PA u 2-673-526 Eight Mile Style PA 1-295-387 Eight Mile Style Martin Affiliated PA 1-245-078 Eight Mile Style Heavy Crate Publishing / Reach Global Inc. Martin Affiliated Obie Trice Publishing / Almo Music Corp. Warner Chappel Music PA 1-204-560 Eight Mile Style Lloyd Banks Music / Almo Music Corp. Martin Affiliated Universal Music Publishing / High On Life Music Dertyworks Publishing/EMI April Music Eight Mile Style Obie Trice Publishing / Almo Music Corp. Sony ATV Music Publishing Eight Mile Style Martin Affiliated Eight Mile Style Martin Affiliated 50 Cent Music / Universal Music Corp. Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc. Drips The Eminem Show PA 1-104-808 Dude Em Calls Paul Encore D12 WORLD Encore (Deluxe Version) Encore (Deluxe Version) PA 1-245-084 PA 1-295-393 PA 1-295-406 COMPOSITION TITLE Evil Deeds ALBUM TITLE Encore (Deluxe Version) REGISTRATION NUMBER PA 1-295-402 Final Thought Encore (Deluxe Version) PA 1-295-389 CLAIMANT Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc. Eight Mile Style Martin Affiliated Cackleberry Entertainment / Karam's kids Songs Eight Mile Style Karam's Kids Songs / Arthouse Entertainment Inc. Martin Affiliated Obie Trice Publishing / Almo Music Corp. Eight Mile Style Martin Affiliated Dertyworks Publishing/EMI April Music Eight Mile Style Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Martin Affiliated Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Eight Mile Style Martin Affiliated Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Follow My Life Cheers PA 1-245-107 Gatman And Robbin Get My Gun The Massacre D12 World PA 1-364-299 PA 1-245-109 Git Up D12 World PA 1-245-111 COMPOSITION TITLE Got Some Teeth ALBUM TITLE Cheers REGISTRATION NUMBER CLAIMANT PA 1-245-108 Buffalo Music / Bug House Inc. Eight Mile Style Martin Affiliated Nuez Music / Reach Global Songs Obie Trice Publishing / Almo Music Corp. Sony ATV Music Publishing Unforgettable Music Ltd. Universal music Publishing / Polygram International Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Sony ATV Music Publishing Eight Mile Style Eight Mile Style Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. 221 Publishing / Universal Music Corp Eight Mile Style Martin Affiliated Headrush Tunes / Serving You Musically Publishing Universal Music Publishing Universal Music Publishing / High On Life Music Eight Mile Style Martin Affiliated Heavy Crate Publishing / Reach Global Inc. Obie Trice Publishing / Almo Music Corp. Dertyworks Publishing/EMI April Music Eight Mile Style Full Proof Publishing/EMI Blackwood Martin Affiliated Reach Global Songs Guilty Conscience Curtain Call - The Hits (Deluxe Version) PA 954-422 (COHM) Hailie's Song Hands On You The Eminem Show Cheers PA u 2-725-252 PA 1-245-080 High All The Time Get Rich or Die Trying PA 1-204-559 Hoodrats Cheers PA 1-245-106 How Come D12 World PA 1-245-112 COMPOSITION TITLE I'm Supposed To Die Tonight ALBUM TITLE The Massacre REGISTRATION NUMBER PA 1-364-300 CLAIMANT Eight Mile Style Martin Affiliated Nueve Music Universal Music Corp. Eight Mile Style Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc. Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Idiotic Biz/EMI April Music Maffy Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Universal Music Corp. Zomba Enterprizes Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. Andy Thelusma Publishing / EMI Blackwood Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Runyon Avenue/EMI April Music Eight Mile Style Martin Affiliated Sony ATV Music Publishing Just Don't Give a Fuck Just Lose It Curtain Call - The Hits (Deluxe Version) Encore (Deluxe Version) PA u 2-333-090 PA 1-268-078 Keep Talkin' D12 World PA 1-245-110 Lady Cheers PA 1-245-102 Leave Dat Boy Alone D12 World PA 1-245-085 Like Toy Soldiers Encore (Deluxe Version) PA 1-295-400 COMPOSITION TITLE Lose Yourself Lose Yourself (Parody done by Weird Al "Couch Potato") Love Me ALBUM TITLE 8 Mile S/T REGISTRATION NUMBER PA 1-152-688 Eight Mile Style Martin Affiliated CLAIMANT Poodle Hat 8 Mile S/T PA 1-152-688 PA 1-204-567 Love You More Loyalty Encore (Deluxe Version) D12 World PA 1-295-408 PA 1-245-104 Eight Mile Style Martin Affiliated 50 Cent Music / Universal Music Corp. Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. Eight Mile Style Martin Affiliated Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Obie Trice Publishing / Almo Music Corp. Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Eight Mile Style Martin Affiliated Figga Six Music / Downtown Music Publishing, LLC Universal Music Publishing Universal Music Publishing / High On Life Music Eight Mile Style Martin Affiliated Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Bat Future Music / Songs of Universal Inc. Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks / Warner Chappell Music Inc. Many Men (aka Death Wish) Get Rich or Die Trying PA 1-204-558 Mockingbird Encore (Deluxe Version) PA 1-295-396 Mosh Encore (Deluxe Version) PA 1-295-401 COMPOSITION TITLE My 1st Single My Band ALBUM TITLE Encore (Deluxe Version) D12 World My Dad's Gone Crazy The Eminem Show REGISTRATION NUMBER CLAIMANT PA 1-295-405 Eight Mile Style Martin Affiliated PA 1-245-105 Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Ain't Nothin' Goin on But Funkin Music / Warner PA u 2-697-183 Chappell Music Eight Mile Style Elvismambo/Music Of Windswept Feemstro Music / Universal Music Z-tunes, LLC Sony ATV Music Publishing 50 Cent Music / Universal Music Corp. Ain't Nothin' Goin on But Funkin Music / Warner Chappell Music Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Nate Dogg Music / Reach Global Songs Eight Mile Style Martin Affiliated Obie Trice Publishing / Almo Music Corp. Sony ATV Music Publishing 50 Cent Music/Universal Music Corp Bros. Grimm/Embassy Music Eight Mile Style Martin Affiliated Embassy Music Corp. (BMI) Lloyd Banks Music Never Enough Encore (Deluxe Version) PA 1-295-403 Never Forget Ya Cheers PA 1-245-101 On Fire Hunger for More PA 1-256-131 COMPOSITION TITLE One Shot, 2 Shot ALBUM TITLE Encore (Deluxe Version) Outro Cheers REGISTRATION NUMBER CLAIMANT PA 1-295-398 Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music PA 1-245-076 Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Obie Trice Publishing/Almo Music/Rondor Music Intl Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Universal Music Corp. / High On Life Music Eight Mile Style Martin Affiliated 50 Cent Music/Universal Music Corp Eight Mile Style Martin Affiliated Eight Mile Style Martin Affiliated Eight Mile Style Martin Affiliated Ain't Nothin' Goin on But Funkin Music/ Warner Music Corp Bat Future Music/Songs of Universal Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Jenellerene/Hard Workin' Black Folks Patiently Waiting Get Rich or Die Trying PA 1-204-561 Paul Places To Go Encore (Deluxe Version) 8 Mile S/T PA 1-295-388 PA 1-204-556 Puke Rabbit Run Encore (Deluxe Version) 8 Mile S/T PA 1-295-404 PA 1-204-568 Rain Man Encore (Deluxe Version) PA 1-295-391 COMPOSITION TITLE Rap Game ALBUM TITLE 8 Mile S/T Ricky Ticky Toc Encore (Deluxe Version) Curtain Call - The Hits (Deluxe Version) Role Model REGISTRATION NUMBER CLAIMANT PA 1-204-570 Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music PA 1-295-409 Eight Mile Style Martin Affiliated Ain't Nothin' Goin on But Funkin Music/ Warner PA 954-427 (COHM) Music Corp Sony ATV Music Publishing Eight Mile Style WB Music / Hardworking Black Folks PA 1-104-945 (COHM) Eight Mile Style Elvismambo/Music Of Windswept Sony ATV Music Publishing Ain't Nothin' Goin on But Funkin Music/ Warner Music Corp Elvismambo/Music Of Windswept Eight Mile Style Sony ATV Music Publishing Feemstro Music/Universal Music - Z Tunes LLC Ain't Nothin' Goin on But Funkin Music/ Warner Music Corp Eight Mile Style Martin Affiliated Elvismambo/Music Of Windswept Obie Trice Publishing/Almo Music/Rondor Music Intl Say Goodbye To Hollywood The Eminem Show Say What You Say The Eminem Show PA 1-073-017 Shit Hit's The Fan Cheers PA 1-245-077 COMPOSITION TITLE Shit On You ALBUM TITLE Curtain Call - The Hits (Deluxe Version) REGISTRATION NUMBER PA 1-164-487 (COHM) CLAIMANT Dertyworks Publishing/EMI April Music Sony ATV Music Publishing Eight Mile Style Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Screen Gems/EMI Swifty McVay Publishing/EMI April Music Eight Mile Style Sony ATV Music Publishing Sony/Daskel, LLC Eight Mile Style Sony ATV Music Publishing 50 Cent Music/Universal Music Corp Eight Mile Style Martin Affiliated Obie Trice Publishing/Almo Music/Rondor Music Intl Universal Music Corp. Yel-Nats Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Hennessey for Everyone Music/Alexra Music Dertyworks Publishing/EMI April Music Eight Mile Style Martin Affiliated Obie Trice Publishing/Almo Music/Rondor Music Intl Eight Mile Style Sony ATV Music Publishing Eight Mile Style Eight Mile Style Martin Affiliated Eight Mile Style Sony ATV Music Publishing Sing For The Moment Again The Eminem Show PA 1-104-947 (COHM) Soldier Spend Some Time The Eminem Show Encore (Deluxe Version) PA 1-073-064 (COHM) PA 1-295-395 Spit Shine 8 Mile S/T PA 1-204-557 Spread Yo Shit Cheers PA 1-245-081 Square Dance Steve Berman (Skit) Steve's Coffee House Superman The Eminem Show The Eminem Show D12 World The Eminem Show PA 1-073-065 (COHM) PA u 2-697-161 PA 1-245-086 PA 1-073-066 COMPOSITION TITLE The Kiss The Real Slim Shady ALBUM TITLE The Eminem Show Curtain Call - The Hits (Deluxe Version) Till I Collapse Till The End The Eminem Show Hunger for More Warrior part 2 Hunger for More We All Die One Day Cheers REGISTRATION NUMBER CLAIMANT PA u 2-782-860 Eight Mile Style Ain't Nothin' Goin on But Funkin Music/ Warner PA 980-855 (COHM) Music Corp Eight Mile Style Bug Music / Strawberry Blond Elvismambo/Music Of Windswept Sony ATV Music Publishing PA u 2-697-181 Eight Mile Style Nate Dogg Music / Reach Global Songs PA 1-256-130 Eight Mile Style Martin Affiliated Lloyd Banks Music PA 1-256-133 50 Cent Music/Universal Music Corp Eight Mile Style Martin Affiliated Lloyd Banks Music Nate Dogg Music / Reach Global Songs PA 1-245-075 50 Cent Music/Universal Music Corp Eight Mile Style Martin Affiliated Lloyd Banks Music Obie Trice Publishing/Almo Music/Rondor Music Intl Eight Mile Style Martin Affiliated Dertyworks Publishing/EMI April Music Sony ATV Music Publishing Eight Mile Style Feemstro Music/Universal Music - Z Tunes LLC Full Proof Publishing/EMI Blackwood Idiotic Biz/EMI April Music Runyon Avenue/EMI April Music Swifty McVay Publishing/EMI April Music We As Americans When the Music Stops Encore (Deluxe Version) The Eminem Show PA 1-295-407 PA 1-073-063 (COHM) COMPOSITION TITLE Without Me ALBUM TITLE Curtain Call - The Hits (Deluxe Version) REGISTRATION NUMBER PA 1-073-070 (COHM) CLAIMANT Buffalo Music /BUG ADMIN. Eight Mile Style Sony ATV Music Publishing Nuez Music / Reach Global Songs Satisfaction Fufilled Ltd. Unforgettable Music Buffalo Music /BUG ADMIN. Eight Mile Style Sony ATV Music Publishing Nuez Music / Reach Global Songs Satisfaction Fufilled Ltd. Unforgettable Music Buffalo Music /BUG ADMIN. Eight Mile Style Sony ATV Music Publishing Nuez Music / Reach Global Songs Satisfaction Fufilled Ltd. Unforgettable Music Eight Mile Style Martin Affiliated Without Me Curtain Call - The Hits (Deluxe Version) PA 1-153-337 (COHM) Without Me The Eminem Show PA 1-073-070 (COHM) Yellow Brick Road Encore (Deluxe Version) PA 1-295-399

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