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)

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

[e-mail]

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

[e-mail]
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