A federal judge in Florida has dismissed a copyright infringement lawsuit against Karol G and Tiësto over their 2021 dance hit “Don’t Be Shy,” issuing a sharply worded opinion that questioned both the legal foundation of the case and the credibility of the plaintiff’s designated music expert.

The lawsuit was brought by Cuban-American flutist and songwriter Rene Lorente, who alleged that “Don’t Be Shy” copied significant elements from his 2000 track “Algo Diferente.” But according to Chief U.S. District Judge Cecilia M. Altonaga, Lorente failed to provide adequate evidence to support his claims, relying heavily on an “expert” who, she determined, lacked basic musicological knowledge.

In her 17-page ruling, Judge Altonaga wrote that Lorente’s case could not proceed because he had neither shown direct evidence of copying nor offered credible expert analysis to prove substantial similarity between the songs. The burden fell on Lorente to demonstrate both “access” to his work and meaningful musical overlap. But the judge concluded that neither threshold was met.

The court's most scathing criticism was reserved for Lorente’s chosen musicologist, Richie Viera, a former Capitol Records A&R executive. Altonaga’s ruling portrayed Viera as unqualified to render a professional opinion on music similarity, noting that he was unable to explain basic musical theory during his deposition. She wrote that he declined to define terms like the “circle of fifths,” a foundational harmonic concept, and incorrectly identified chords and key signatures in both compositions.

“Simply put,” Altonaga wrote, “Viera’s opinion lacked the intellectual rigor required for admissibility.” She emphasized that he failed to consider “prior art,” or pre-existing songs that use similar musical elements, a critical step in any music copyright analysis. According to the judge, the omission further undermined the legitimacy of his conclusions.

The court also dismissed Lorente’s argument that the presence of “Algo Diferente” on digital platforms, where it reportedly had 670 views on YouTube and fewer than 3,000 streams on Spotify as of mid-2022, constituted evidence that Tiësto or Karol G had access to his work. “No reasonable jury could find access on such a record,” Altonaga concluded, adding that mere availability does not equate to exposure, especially when a song has such minimal visibility.

The ruling brings an end to Lorente’s attempt to seek more than $50 million in damages from the artists, their record labels, and associated entities. His claims included direct, contributory, and vicarious infringement, all of which were rejected.

James Sammataro, lead attorney for Karol G and Tiësto, welcomed the court’s decision. In a statement to Rolling Stone, Sammataro said the case “had no merit from the start,” noting the absence of both evidence of copying and any commercial reach for Lorente’s track.

“One of the frustrating things we kept hearing from the plaintiff was that our clients stole his life’s work, his so-called legacy,” Sammataro said. “But there was no evidence that they ever heard the song. It was obscure, self-released, and lacked any commercial traction. On top of that, the alleged similarities were based on common musical building blocks like the circle of fifths, which has been used for centuries, literally since Mozart.”

“Don’t Be Shy” was released as the second single off Tiësto’s album Drive, and marked Karol G’s first major English-language release. The track climbed to No. 4 on Billboard’s Hot Dance/Electronic Songs chart and helped expand Karol G’s reach into the global pop market.