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A Judge Dismissed A Lawsuit Against Taylor Swift Using Taylor Swift Lyrics

By
Victor Luckerson
Victor Luckerson
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By
Victor Luckerson
Victor Luckerson
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November 12, 2015, 12:39 PM ET
Taylor Swift The 1989 World Tour Live In Cologne - Night 2
COLOGNE, GERMANY - JUNE 20: Taylor Swift performs live on stage during 'The 1989 World Tour' night 2 at Lanxess Arena on June 20, 2015 in Cologne, Germany. (Photo by Sascha Schuermann/Getty Images for TAS)Photograph by Sascha Schuermann — Getty Images

Last month an unknown R&B singer named Jesse Braham sued Taylor Swift for $42 million over the lyrics to her hit song “Shake it Off.” This week a U.S. Disctrict Court judge in California dismissed the suit using, appropriately enough, lots of Taylor Swift lyrics.

Braham had claimed that the phrases “haters gonna hate” and “players gonna play” were plagiarized from his 2013 song “Haters Gonna Hate.” But the judge found that the phrase “haters gonna hate” was already a meme and a popular item in Google searches before Braham’s song debuted, according to evidence cited in the ruling. That’s to say nothing of the seminal 2000 track “Playas Gon’ Play” by 3LW, which the judge also cites.

The judge embraces the ridiculousness of the suit fully in the conclusion of her ruling, as she writes:

At present, the Court is not saying that Braham can never, ever, ever get his case back in court. But, for now, we have got problems, and the Court is not sure Braham can solve them. As currently drafted, the Complaint has a blank space— one that requires Braham to do more than write his name. And, upon consideration of the Court’s explanation in Part II, Braham may discover that mere pleading BandAids will not fix the bullet holes in his case. At least for the moment, Defendants have shaken off this lawsuit.

h/t Bill Donahue

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