Over the summer, the children of musician, Baligh Hamdy  filed a $5 million lawsuit against Jay-Z and Timbaland for sampling “Khosara, Khosara,” in the song “Big Pimin” which was released in 2000. Now a federal judge has ruled that the copyright case against Jay-Z and Timbaland will go to trial.

When the case goes to trial, the judge will rule whether or not Jay-Z profited from performing “Big Pimpin’” during his live shows.

On Dec 9th, US District Judge Christina Snyder ruled:

“There is no record evidence that Jay-Z used ‘Big Pimpin’’ in his advertisements for a particular concert or concert series, or that ‘Big Pimpin’’ was performed at every concert,” wrote in her December 9th ruling. “

She adds:

“It is a question of fact whether Jay-Z’s concert revenues should be considered direct or indirect…it is up to a jury to decide. Accordingly, the court finds that there is a triable issue whether Jay-Z’s concert revenues constitute direct profits from his infringing live performances ‘Big Pimpin’’ for purposes of the Copyright Act.”

Def Sounds will keep you updated as the case unfolds in court.