Despite the fact that Robin Thicke has already tried deploying the popular “I can’t be blamed for what I did while high” defense, the remaining lawsuit alleging that his song “Blurred Lines” borrowed heavily from Marvin Gaye’s “Got To Give It Up” is going to trial. This comes from Spin, which reports that, after both Thicke’s camp and Gaye’s family brought in their own musical experts to analyze the two songs, a judge has ruled that “elements of ‘Blurred Lines’ may be substantially similar to protected, original elements of ‘Got to Give It Up.’” This counts as a win for Gaye’s family, and the case will be going to a proper trial in February. The other “Blurred Lines” lawsuit, in which Gaye’s family sued EMI—the publishing company behind both Gaye and Thicke—for failing to protect “Got To Give It Up,” was settled out of court back in January. It’s not all bad news for Thicke, though, as—oh, wait. Yeah, it’s all bad news.

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