This fairly short case played a large part in the demise of sampling as a legitimate artform. The case begins "Thou shalt not steal," which places sampling clearly in the category of theft. The case follows the incident in which Biz Markie sampled a portion of "Alone Again (Naturally)" by Gilbert O'Sullivan for his track, titled "Alone again." Biz Markie attempted to acquire the rights to use the samples and upon failing prodeeded to use the sample anyway. The court decided that "it is clear that the defendants knew that they were violating the plaintiff's rights as well as the rights of others. Their only aim was to sell thousands upon thousands of records.This callous disregard for the law and for the rights of others requires not only the preliminary injunction sought by the plaintiff but also sterner measures."

This case's relevance is fairly obvious - this case was one of those that helped to create the anti-sampling precedent which makes it so difficult for a sampling artist to legally go about creating material. Particularly shocking is the complete absense of any discussion or consideration of Fair Use. The judge in this case simply assesses whether or not Biz Markie acquired a license to sample O'Sullivan's track and whether Markie knew that he needed to get a license. There is no mention of whether or not the use is transformative or of the potential market impact of the new version on the original. I have never heard either song, so I cannot make the evaluation myself. Nevertheless, I find it shocking that the court wouldn't even consider the possibility that it could have been a fair use.