Eminem vs. Apple vs. Grey Tuesday

Eminem's Publisher Sues Apple Over Song:

At issue is an ad for Apple's iTunes pay-per-download music software, in which a 10-year-old sings Eminem's "Lose Yourself." The suit claims the commercial aired on MTV beginning in July 2003 and ran numerous times for at least three months. It also appeared on Apple's Web site.

Seems like another Grey Tuesday-ish issue of artist control. Eminem doesn't want to look like a sellout to his fans, the Beatles probably don't want their music reappropriated. What's the difference?