I’m confused by this. For a few reasons, honestly. But first, let’s look at the suit:
Hip-Hop star Kanye West is the subject of a lawsuit over an illegal sample contained on a 2006 mixtape.
Robert Poindexter filed a lawsuit against Kanye West in the United States District Court of Southern New York, on March 27. Kanye is being sued over the song “Girls Girls Girls (Remix)” on the mixtape “Freshmen Adjustment 2.” Robert Poindexter claims that Kanye’s track contains an illegal sample of the song “Trying Girls Out” by R&B group The Persuaders.
The lawsuit claims that Kanye knew the sample was not cleared, because he used a cleared version of the sample on “Girls Girls Girls” on Jay-Z’s 2001 album The Blueprint.“I have offered to resolve this matter out of court with Kanye West,” Robert Poindexter said. “But in response, he has refused to even discuss any ‘out-of-court’ resolutions whatsoever. Nor has he provided any evidence that he is demanding others to cease and desist from selling the illegal version.”
Robert Poindexter achieved fame with The Persuaders by singing the 1971 hit song “Thin Line Between Love and Hate.”
Robert Poindexter seeks $500,000 in damages from Kanye West.
So if I’m reading this correctly (remember, I went to med school, not law school), then Poindexter isn’t suing Ye over the “Girls” remix, which he handled production on, that was a hidden track on The Blueprint. But instead he’s using him for rapping over the instrumental (which was previously cleared) that he placed on a free mixtape Ye dropped in 2006? You can’t sue someone over an uncleared sample on a free project, can you? There has to be some sort of bar code or proof of financial gain, correct?
Granted, I did buy a gang of Kanye’s early mixtapes from the Tony’s Sports up north, but by 2006, when Freshmen Adjustment 2 dropped, mixtapes were internet freebies. Hell, Freshmen Adjustment 2 was late as hell on this. I copped this on Kazaa slightly after it dropped. #humblebrag.
I predict this lawsuit will get tossed out faster than a struggle rappers CD on 90/94. Unless Ye settles out of court for peanuts, of course.
Update: Kurt Kolar, Attorney at Law, weighs in:
Infringement is infringement, no financial gain necessary.
For some time it’s been explained which oddsmakers are definitely more prone before within the season considering that the clubs are generally completely new, although I don’t invest in
the item, mentioned Roxborough, now launched onto.
Currently, you can’t take out $50 although should play the full $50 through every single child dollars this particular income out and about.