There’s a shocking reason that Taylor Swift wouldn’t win a lawsuit against Kanye West for recording their phone call. Did Taylor know the conversation was being overheard? That’s the key to the whole case! Here’s what we know.

Taylor, 26, knew she was being overheard, and that would be the reason she wouldn’t win a lawsuit over the “Famous” recording, according to TMZ. In California, if someone records a “confidential communication” and the other party doesn’t know it’s being recorded, that’s illegal. But “confidential communication” doesn’t include recordings that “may be overheard.” The law can be tricky sometimes!

The outlet claims to have heard the full tape and allege Taylor knew she being overheard while talking with Kanye, 39. The rapper had the phone call with Taylor on speaker, and producer Rick Rubin, 53, and Kanye’s film crew members make their presence known during the call. So that would mean Kanye and Kim, 35, didn’t break the law by recording the call.

After learning the recording existed and before Kim released the recording of the phone call on Snapchat on July 17, Taylor’s lawyer reportedly demanded Kanye to destroy the recording. Kim and Kanye weren’t scared by her lawyer’s demands. Poor Tay! told you EXCLUSIVELY that Taylor is “gearing towards not doing anything” legally because it could “really blow up in her face.” Even though Kim and Kanye would come out victorious, they’ve reportedly braced themselves for a lawsuit.

We also talked with California attorney David Pisarra, and he told us that Taylor’s case would be a “minor” one. It wouldn’t be a high priority for the police and DA to pursue prosecution of Kanye. When it comes to this “Famous” phone call, Taylor just can’t catch a break.

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