According to Billboard, Eminem‘s music publisher, Eight Mile Style is planning to sue both Apple and Aftermath Records for the unauthorized distribution of 93 of Em‘s songs in downloadable formats via iTunes. The case, which was filed back in 2004, will go to trial on Thursday in Detroit if a settlement is not reached by Wednesday.

Eight Mile claims that Apple illegally made over $2.5 million from Eminem iTunes downloads, a bulk of which came from the 2002 smash single “Lose Yourself,” off of the “8 Mile” movie soundtrack. Not only does the publishing company demand money for the loss in royalties, they are also asking for a share in profits of Apple‘s iPod sales.

In addition, Eight Mile Style alleges that Aftermath collected $4 million from Eminem‘s music sales in partnership with Apple. Although Aftermath and Apple refute the accusations, showing court documents that suggest Aftermath owns the exclusive rights to Eminem’s master compositions, the publishing company believes it actually owns the rights to Em‘s music.

This is not the first time Aftermath and Apple have had to go to court over licensing disputes. In 2007, Em‘s producers, FTB Productions also filed suit against Aftermath for licensing Em‘s music to Apple‘s iTunes.

If the trial is taken to court, Eminem may act as a witness.