In the brief, the Chicago, Illinois rapper cited German philosopher Friedrich Nietzsche to convince the court of appeals to uphold the dismissal of the claim. West's attorney, Carrie Hall, wrote, "it would create a dangerously low threshold for establishing copyright protection over otherwise commonplace words and phrases."
The plaintiff claims that West’s 2007 smash borrowed lines from his 2006 track of the same name. Peters says he gave West’s business manager John Monopoly a copy of his song, and that the track was then given to Kanye. Both songs feature an intepretation of Nietzsche’s maxim “That which does not kill us makes us stronger."
The original case was dismissed earlier this year.