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Eminem VS iTunes!

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Apple Inc. and Eminem's music publisher have failed to settle a dispute over 93 songs on iTunes, clearing the way for a trial in the Em's hometown of Detroit.

U.S. Magistrate Judge Virginia Morgan was overseeing private settlement talks Wednesday. Eight Mile Style LLC lawyer Howard Hertz says no deal was reached in the lawsuit.

Eight Mile says it never authorized the 93 songs in a downloadable format on Apple's popular iTunes service. The publisher alleges copyright infringement. Apple says it has a valid agreement with Aftermath Records, which controls the Eminem sound recordings at issue in the case.

The lack of a settlement means Detroit U.S. District Judge Anna Diggs Taylor will start a trial at 9 a.m. Thursday.

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