Rick Ross vs. Freeway Ricky Ross

An appeals court rules that +Rick Ross partly based his likeness on a famous drug-dealer, but that he isn’t an imposter. With a First Amendment bullet, hip hop superstar Rick Ross has shot down a lawsuit from a former drug kingpin +Freeway Rick Ross who ruled Los Angeles streets during the 1980s.

That drug kingpin was “Freeway” Ricky Ross, who once sold as much as $3 million worth of cocaine a day, had ties with the Nicaraguan Contras and became the object of scorn for many prominent politicians during the “Iran-Contra” political scandal. He served 13 years in prison, and before he was released in 2009, came across a magazine article about “up and coming” rappers including William Roberts II, whose stage name was +MMG +RICK ROSS.

Now released, and by many accounts a model citizen these days, “Freeway” Ross has been pursuing Ross in court for appropriating his name and likeness. Other defendants in a $10 million lawsuit included Warner Bros. Records, Universal Music and Jay Z as those who allegedly helped the hip hop star hit it big with a stolen identity.

On appeal, “Freeway” Ross challenged whether the rapper’s work with a new label should be considered as part of the same “single publication” as his earlier work or whether it should be considered a “republication” that entitled him to more time to bring claims. As Ross himself put it to The Hollywood Reporter, “This is classic republication as to all defendants, there was consistently new music, management decisions and product made. The statute of limitations was never meant to be used to hide defendants actively infringing with new decisions and campaigns.”

Last week, a California appeals court issued its ruling and decided to open things up beyond “Freeway” Ross’ challenge. Judge Roger Boren says he is “not convinced” that the trial court was correct in its rulings, but nevertheless affirms the dismissal on First Amendment grounds.