The Beastie Boys have again emerged victorious in a lawsuit based on the group's 1992 recording "Pass the Mic."

A federal court in San Francisco denied for a third time a copyright infringement claim brought against the rap trio by jazz flautist James W. Newton.

The suit, filed in Central District Court in Los Angeles in 2000, claimed the sample infringed the Newton composition "Choir." The Beastie Boys licensed Newton's recording before releasing their song, but claimed the six-second sample of the underlying composition, which consisted of only three notes, was too small to require a license under copyright law. The sample was looped over 40 times in their song.

The District Court granted summary judgment in 2002. Newton appealed, but the Ninth Circuit Court of Appeals also sided with the Beastie Boys in 2003. The court held that the amount of the composition sampled was too small to be unlawful; it was a lawful "de minimis" use.

Newton petitioned the three-judge panel to reconsider its decision or to hold a rehearing en banc, with the participation of all active Ninth Circuit judges. In this last, and final, ruling, the appellate court denied the request, while amending -- and republishing -- its year-old opinion.

The group's attorney, Ken Anderson with Loeb & Loeb in New York, says the rappers are glad the case is finally over.