sh*t I remember when kevin federline did a track over mobb deep "get it twisted" and got millions of plays and got sued by the actual artist who they sampled.. and guess what?? HE AINT GET sh*t either... all they did was make him take the track off his myspace/youtube
OK first off, Federlines album sold 4000 units at best, so there is not much to sue for. Second, him being forced to remove the Thomas Dolby "She Blinded Me With Science" sampled song "by Mobb Deep is called a cease and desist order, which means they DID actually have an infringement case on him. But the reason he was never sued was because 1) YouTube plays - especially back then before they were monetized with google advertising - do not have a real monetary value. You can not sue for anything except for something that has a real value that you can seek damages for, and 2 mil youtube plays had no real financial value before they merged with google and then implemented their AdSence - NOW they have monetary value based on what advertising they have set up for the video, and what sort of click through returns you get, but back then they did not, and a youtube play was essentially worthless. 2,000,000 X 0 = 0 ... This might not be the case now, but if someone had a YouTube video that was infringing on a right holder without advertising it would essentially be the same deal.
2) Kevin Federline's album sold under 4000 units, so it is clear that he had no financial gain through the promotion gained by using an unauthorized Thomas Dolby sample - had he cleared it with Mobb Deep, since Alchemist cleared it with Thomas Dolby, then they would not have been able to remove it, since it was a cleared sample... but he did not. Seeing as he clearly did not profit through use of the sample (hence terrible album sales) all they could do is send him a cease and desist takedown notice. Just by the fact you claim you know it was taken down shows that the original artist or right holder DID in fact have an infringement case against him, it's just that the dollar amount was so small that there would be no point in bringing suit, since he made no money off of the album, so clearly the promotion had no value. If Federline lears the work with Alchemist and Mobb Deep, then Dolby has no case since it was a paid for and cleared sample. If he had cleared it with Dolby and not Mobb Deep, then Mobb Deep seeks damages for him sampling the arrangement, including how they chopped the sample. In this case you can clear it with the arranger (mobb deep) and not the original sample right holder (dolby), but if you do it the other way around (clear with dolby and not mobb deep) you can get an infringement suit because you also sampled the arrangement as well as the original sample. Mobb Deep could have equally filed for infringement and had an even stronger case, but they didn't bother for whatever reason, possibly because they were signed to Jive which was under Brittaney Spears label.