Photo by Larry Busacca/Getty Images for NARAS

After its three year case for alleged plagiarism against Robin Thicke, Pharrell and T.I. for their 2013 hit Blurred Lines, the 9th Circuit Court of Appeals has sided with Marvin Gaye‘s family.

The Atlanta rapper, however, is in the clear. Reports say, “the district court erred for the additional reason that no evidence showed Harris was vicariously liable.” Thicke and Pharrell, not so much. As of Wednesday a $5.3 million judgment against the two is still being upheld. By a 2-1 vote, Gaye’s 1977 song Got to Give It Up was entitled to “broad” copyright protection.

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