It'll be a tortured metaphor, but we'll use it anyway: Kanye West proved to be stronger in his case over his use of portions of producer Vincent Peters' song that shares the same title.
According to AllHipHop.com, 'Ye was handed victory on Monday (Aug. 20). Three major factors sided with West in the case. Judge Diane Wood ruled that phrase usage particularly the line, "That which does not kill us makes us stronger" has been used in many other songs and contexts. The musicians actually both rip off the 19th century German philosopher, Nietzsche.
“Although the fact that both songs quote from a 19th century German philosopher might, at first blush, seem to be an unusual coincidence, West correctly notes that the aphorism has been repeatedly invoked in song lyrics over the past century,” Judge Wood stated in her ruling.
Thirdly, she ruled that the songs don't amass enough similarities and thus do not fall under the authority of copyright law.
“We are not persuaded that the similarities alleged by Vince P rise to the level of copyright infringement,” her ruling states.