Everyone is well aware of the recent Kesha case, but many do not seem to know the actual facts behind the case. This is probably due to the fact that the average person hasn't attended law school, nor knows the actual schematics of the case.

The first thing most people may not know is that the case is actually called Kesha Sebert v. Lukasz Gottwald. The next, and most important thing is that there has not been an actual trial. When this famous image of Kesha crying in the courtroom was released, she had not just lost a trial, as numerous people seemed to think. The judge merely denied her motion seeking a preliminary injunction to be released from her contract with Sony.

An injunction is a judicial order commanding a party to do something. In this case, it would have been an order for Sony to release Kesha from her contract without having an actual trial.

Lots of Kesha fans were furious because the motion was denied. However, when one looks at the legal side of it, letting Kesha out of the contract would be illegal. There are three things Kesha's attorney needs to prove to the judge in order to let Kesha out of the contract:

1. Kesha would suffer irreparable harm if she was forced to stay in the contract until the case is fully litigated.

2. Dr. Luke, and Sony, by comparison would not suffer harm if Kesha were allowed out of the contract now.

3. Kesha is likely to succeed in her case against Dr. Luke eventually, so the preliminary injunction should be granted now.

Kesha's attorney, Mark Geragos, was unable to meet these three points. One of the biggest reasons that he was unable to do this was because this motion happened before any of the facts of the case have actually come out, since the case has not been litigated yet.

Another issue is because of the actual charges Kesha brought up against Dr. Luke. She never actually sued for a criminal rape case. She only sued for civil criminal battery, which would only result in monetary damages (receiving money from him) and possibly being let out of her contract with Sony.

The problem with this is that Kesha is saying she has been raped by Dr. Luke, but isn't actually suing for criminal rape. To a judge, all this says is that her lawyers knew they couldn't win a criminal case, so they didn't try to.

This is not me saying that I don't believe Kesha was raped.

I am just saying that from a judge's standpoint, accusing someone of rape but not actually suing them for it doesn't look very good. A judge knows that Kesha's high-profile lawyers are smart enough to not start a case they know they wouldn't be able to win.

The fact that the statute of limitations is almost up doesn't look good either. Kesha says Dr. Luke raped her back when she was 18 years old. She didn't start even a civil suit against Dr. Luke until she was 26. A statute of limitations is law that forbids a person from suing another person for something that occurred a certain number of years ago.

In California, the statute of limitation for adult rape victims is 10 years. This means that an adult that was raped must bring charges up within 10 years, or else the case is invalid. Kesha is very close to the end of her statute of limitations, which doesn't look very good from a legal perspective.

This case has been huge in the news because Kesha is a celebrity, so everyone seems to have an opinion on the legal system at this point. I have read all over the Internet that people believe the legal system is not hearing the cries of women and that it is reinforcing rape culture in the United States. This is not the case.

Since Kesha is not even suing for criminal rape, there isn't much the legal system can do about it. If she were to file a criminal suit against Dr. Luke, it would be different. Since she is only suing for sexual battery, there is nothing the judge can do about the nonexistent rape charges.

The judge is doing what she can with the case. Kesha's contract was heavily negotiated, and at this point in the case, there has been no trial to bring forth any evidence. Without evidence, the judge cannot just let her out of a contract. The judgment is going to be reserved for a later time. This means that there is still time for a trial.The case may not be over yet.

To sum the case up, the judge decided that she didn't feel Kesha would suffer irreparable harm if she were forced to stay in the contract due to the lack of evidence at this point, the motion was denied, and the case is still going on.

So how did she produce her new song with Zedd?

Kesha is still in her contract with Sony, and because of that Dr. Luke could have denied her permission to make the new song but he didn't, which was very smart on his part.

The whole lawsuit looks really bad for Dr. Luke and his company, and not letting Kesha make a new song would just make him look even worse. Letting Kesha's "True Colors" show was a win-win for both parties.

So in the end, Kesha isn't truly free yet. She is still in the binding contract with Sony, as well as the middle of a lawsuit. How it all will turn out, I'm sure we will find out soon enough.