You've Got To Fight For Your Right To Sample By Marty Schwimmer on November 5, 2003 Posted in Uncategorized Beastie Boys’ sampling of “common, trite, generic three-note sequence” from plaintiff’s copyrighted composition held to be de minimis and not actionable. Newton v. Diamond, et. al., No. 02-55983 (9th Circuit, Nov. 4, 2003).