Toronto Mayor Olivia Chow is embracing the “Crolivia” nickname Drake gave her in a thank-you note 😭
"What do you mean you didn't introduce me as Crolivia?"
(via brandongonezshow / IG)
Dave Blunts takes shots at Ye in a new diss track:
"47 year old billionaire, but for me he's fanned out [...] Told me that you loved me, b*tch you was never even my friend [...] Kanye get the f*ck off my line, Kanye need to go and find Jesus" https://t.co/1zMNMlbsQl
#DrakevUMG Drake has Little Chance of Success
My review of Drake's complaint and amended complaint has not changed my initial impression of the case (based on media reports) which I expressed at the outset, namely, that the case largely lacks merit.
The voluminous complaint makes 3 claims: 1. Defamation/Defamation Per Se. 2. Harassment in the Second Degree. 3. Violation of the New York General Business Law § 349 (dealing with bot promotions/streaming, streaming manipulation, payola, etc).
In my view, the 3rd claim is the only one that may have a possible chance of success -IF (big IF) evidence garnered thru discovery shows that illegal practices were used by UMG. However, it would be difficult to ascertain what damages (if any) Drake suffered from the alleged illegal practices.
If the motion to dismiss is denied, after discovery, I expect UMG to file a motion for summary judgment and they will have a good chance of prevailing.
Claim 1. Defamation. Drake tries to be cute by not suing Kendrick. He makes it clear that he is not suing Kendrick who made the alleged defamatory "statements" but UMG who published or republished the "statements." Drake correctly realized that the "statements" have to be defamatory in order for their republication to be defamatory.
In my opinion, Drake woefully failed to show that the lyrics of "Not Like Us" constitute statements or were made as factual statements. That's the crux of the matter. If you have a big nose, for example, a cartoonist can draw you in such a way that your nose appears bigger than your whole body. It is not a true representation of you but a caricature of you - which is permissible in art.
Music in general is full of exaggerations, embellishments, and outright lies. That's not new. Since Drake failed to demonstrate in his amended complaint that Kendrick made and intended the lyrics to be factual statements, UMG could not have, by publication, transformed those lyrics into factual statements. Thus, UMG's publication of "Not Like Us" was not defamatory.
Drake seems to be under the wrong impression that the music publisher has an obligation to "fact-check" musical lyrics. Not so. I am not aware of any legal or contractual requirement for a music publisher to fact-check lyrics. UMG is not like the New York Times editor who has a responsibility to ensure that only factually correct information is published.
To be fair, Drake is suing about what he called "defamatory material" to encompass the Not Like Us lyrics, the album cover art, and the music video. He referred to "defamatory material[s]" 94 times in the amended complaint. However, in my view, he has not shown that the alleged defamatory materials were intended as factual representations.
2nd Claim (Harassment): Under NY law, 2nd degree harassment includes when an individual or entity "engages in a course of conduct or repeatedly commits acts which alarm or seriously annoy such other person and which serve no legitimate purpose." N.Y. Pen. Law § 240. 26 (emphasis added).
A legitimate purpose exists for UMG to publish "Not Like Us" and associated items. That legitimate purpose is money. The song has made money - thereby justifying the legitimate purpose. The fact that the song annoys or disparages Drake does not negate UMG's legitimate business purpose for publishing the song.
Drake seems to be under the impression that once UMG became aware of threats of violence against him and violence to members of his security team, UMG lost any legitimate purpose for publishing the song. Wrong. 1st. This does not comport with the language of the statute. 2nd. Drake did not present any independent evidence to UMG that any threat of violence against him or the violence against him stemmed only from UMG's publication of the song. Drake had "enemies" before the publication of "Not Like Us." 3rd. It is unreasonable to argue that isolated threats of violence against Drake means that further publication of the song must be stopped. Ridiculous. Does that mean that if a song "alarm[s] or seriously annoy[s]" anyone, the song must be or the music publisher would be liable for harassment under NY law? This claim is a loser, in my opinion.
Drake’s legal team has requested UMG to provide all documents on domestic violence allegations involving Kendrick Lamar and on Dave Free’s relationship with him and his children.
@thatgirlrc@iamstillpunch@NostawSV yall the living and breathing example of what the original post and this reply’s about. It’s like yall take any difference of opinion as a terror attack or life or death lmao. It was no division about that post cause he just pointed out the reality of the state of hip hop rn.