Looks like eMusic is a little upset with all this Apple iTunes talk. Greg Sandoval writes on CNET News that David Pakman, CEO of digital music service eMusic, said that Apple is in for a fierce legal fight should it ever release a device that offers all-you-can-eat music.

"It smells like classic Sherman Antitrust Act to me," Pakman said in the article. "I only know what I've read but the plan sounds very similar to the tying practices Microsoft used with Windows/Explorer. And Microsoft is still paying the penalties for that one."

The parallel is that Apple is forcing people who buy this device with preloaded music to buy its music, Pakman said.

Them's fightin' words, though since Apple hasn't even confirmed whether or not they're actually going to do this whole free music thing, it may be a bit premature.

Last month, eMusic launched eMusic Selects, which promotes unsigned or underrepresented artists, and offers one free song to users, in exchange for exclusive access to the artists' music for 60 days.