November 25th, 2011
03:14 PM ET
According to the Hollywood Reporter, Kanye West is using the words of 19th century philosopher Friedrich Nietzsche to make his case in court.
The 7th Circuit Court of Appeals is considering whether to uphold the dismissal of a 2010 claim that the rapper stole the song “Stronger" from another artist.
Plaintiff Vincent Peters, in addition to claiming similarity in the use of "Kate Moss" and the title "Stronger," zeroes in on alleged similarities in the chorus. Both sides acknowledge the lyrics are based on Nietzsche's phrase, "That which does not kill us makes us stronger."
But earlier this year, a federal judge dismissed Peters’ claim, finding there wasn’t enough similarity between the two tunes. (The title, Moss reference and Nietzsche maxim are unprotectable, said the judge.)
Peters appealed, which is how West wound up defending himself in court again.
The rapper’s lawyer submitted a brief to the courts on November 18, arguing at one point that "the alleged similarities (which also contain many differences) all derive from a century-old maxim written by someone else – a maxim that has been used in many songs before Plaintiff’s (and Defendants’) song."
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