Butters' version of "What What (in the Butt)" prevails.
South Park creators Trey Parker and Matt Stone were on the receiving end of a lawsuit in November 2010 for allegedly ripping off the viral video hit "What, What (In My Butt)" by Samwell in a 2008 episode, but courts decided it was fair use (haven't you ever heard of a parody? Hello!).
That didn't sit well with Samwell, who filed an appeal, but according to The Hollywood Reporter, the appeals court has refused to revive the suit against Viacom subsidiary Comedy Partners.
And here's why (it's not just because it's awesome)...
Although judges can't always address defenses like fair use in deciding when to dismiss lawsuits, the 7th Circuit Court of Appeals ruled today that judges have the right to toss a case at the preliminary stage.
And that's exactly what they did in this case.
"When the two works in this case are viewed side-by-side, the South Park episode is clearly a parody of the original 'WWITB' video, providing commentary on the ridiculousness of the original video and the viral nature of certain YouTube video," the judge explained.
Sorry, Samwell, the judge has spoken.