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Eminem Bites into Apple

Eminem's looking to take the shine off Apple Computer Inc., after the tech company illicitly used one of his songs in a TV commercial.

Em's music publisher, Eight Mile Style, filed the copyright-infringement suit late last week against Apple, MTV and parent company Viacom and the TBWA/Chiat/Day advertising agency.

Slim Shady's camp claims Apple appropriated "Lose Yourself" for a campaign touting its iTunes pay-per-download music software without permission.

According to the suit, the Grammy-winning single was voiced by a 10-year-old boy in a commercial that aired on MTV over a three-month span beginning in July 2003. The spot also appeared on Apple's Website.

"Eminem has never nationally endorsed any commercial products and...even if he were interested in endorsing a product, any endorsement deal would require a significant amount of money, possibly in excess of $10 million," according to the 15-page legal document filed Friday in U.S. District Court in Detroit.

That may have been too big a financial bite for Apple.

According to the suit, head honcho Steve Jobs personally asked Eight Mile Style manager Joel Martin and the rap superstar to "rethink their position" over using the Oscar- and Grammy-winning title track off his 2002 8 Mile soundtrack--at which point Eminem broke off talks with Apple.

A message left with Apple on Tuesday was not returned.

Eminem is the target of his own copyright claim after a California woman sued the rapper last fall alleging that he illegally sampled a section of music from her late husband's film score for his 1999 debut The Slim Shady LP.

Harlene Stein accused Marshall Mathers and his mentor Dr. Dre of swiping a 24-second instrumental cue, titled "Pigs Go Home," from her hubby Ronald Stein's composition for 1970's Getting Straight for Em's tune "Guilty Conscience" without paying her a dime.

And it's not the first time Em has been accused of losing himself in other people's music.

In April of 2002, French jazz artist Jacques Loussier filed a $10 million copyright-infringement suit against Eminem, claiming he stole parts of his tune, "Pulsion," for his violent tirade on the track "Kill You," off 2000's Grammy-winning album The Marshall Mathers LP.

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