I read further and learned that Timbaland paid EMI Saudi Arabia $100k to acquire the license once he learned the original piece wasn't license free. (I have no idea why he thought it would be license free.) The nephew bringing the suit wanted an additional payment based on "moral law" from Egypt, which did not apply in the United Sates, the specific cause being that Jay and Timb didn't seek the permission of the composer's family before using the track. The similarity of the melodies wasn't the main issue the defense wanted to litigate.