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Speaker 2: I did see something.

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Speaker 1: So, you know, we talk a lot on the show

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about music industry discussions, music industry topics, I should say

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that become discussions on the program, and.

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Speaker 2: Very often these controversies that are going on.

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Speaker 1: For example, last week, Jenny and I talked about the

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controversy of Bruno Mars, not Bruno Mars himself, but one

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of the one of the companies that owns a steak

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and the song When I Was Your Man by Bruno

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Mars suing Miley Cyrus and I think everyone Miley Cyrus

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has ever associated with over the song Flowers claiming copyright

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infringement and all of that. We did put the segment

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up on YouTube if you missed it. Kind of a

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very much, I would say, I shouldn't say kind of

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very much a frivolous lawsuit.

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Speaker 2: In my opinion. But so we talk about these various controversies,

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legal issues going on in the music industry.

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Speaker 1: We talk about AI a lot, all this kind of stuff,

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and of course, you know, Jenny and I both we

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love a good hip hop beef. So after the well

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before Kendrick Lamar's Super Bowl performance, we talked about on

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the show, we talked about the beef between Kendrick and Drake,

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which has gone back over a decade now at this point,

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or about a decade.

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Speaker 2: But so we did a.

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Speaker 1: Long segment about that, which again is on YouTube if

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you want to check it out, and talking about we

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felt from our perspective that Kendrick had kind of put

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the final nail in that coffin winning that, you know,

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because what has a distrack ever been performed at the

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Super Bowl? Now, maybe there is an example of that

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that I'm just not aware of, but that seemed like

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a pretty big, you know, pretty big deal. That seemed like,

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you know, how does Drake top that?

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Speaker 2: I don't. I don't think that he does.

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Speaker 1: But there's also a legal aspect or I guess I

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should say a civil aspect, right because it's not a

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it's not a criminal, but it is civil, this lawsuit

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that Jake has fouled, and that aspect of it we

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touched on during our conversation post super Bowl. Jenny and

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I did talk about that a little bit, but we

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didn't get into it too deep, that aspect of it.

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But if you don't know, Drake has filed a lawsuit

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against Kendrick Lamar, actually not against well, we should be

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precise when speaking about this, not Kendrick Lamar directly, but

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against Universal Music Group, who is no strangers to being sued.

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And we've talked about that on the show too months ago,

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we talked about the olymp biscuit lawsuit against UMG. Drake

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is suing UMG because not only is Drake on UMG,

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but Kendrick Lamar is on UMG, and according to Drake,

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UMG kind of put their their thumb on the scale

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in favor of Kendrick Lamar to try to devalue Drake

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because there is a contract negotiation coming up. Drake's contract

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with UMG is almost up, and Drake seems to feel

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that UMG, or at least his law seem to think

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that they can successfully sue for this. Who knows what

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anyone really thinks or believes, right, but you know, when

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there's money to be gone after.

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Speaker 2: This is what happens.

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Speaker 1: So you know, who knows what Drake really thinks, right,

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but or what any of them really believe. But they

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think that they have a They think they have a

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good case to say that UMG conspired effectively with Kendrick

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Lamar to push this song. Not like us as a

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way of devaluing Drake somewhat. Now, why would if you're

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thinking about it logically, why would UMG? What incentive? They're

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both on UMG? So what possible incentive would a record

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label like UMG have for devaluing their most successful artist

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Drake is I didn't even realize this until recently. Drake

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is the most streamed artist on Spotify, not the most

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streamed artist in hip hop, by the way, the most

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artists period. I believe that still holds on Spotify? I

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think or is he number two? Is Taylor Swift? Actually, first,

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we're so used to talking about I see now I'm

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second guessing myself because we're so used to talking about

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Taylor Swift being number one and everything. But I believe

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Drake is number one, and why would so? Why would

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a record label with such a successful artists want to

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devalue them? And the explanation which UMG denies and I'm,

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by the way, I find this claim dubious as well,

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So I'm skeptical about this. But the explanation from Drake's

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lawyers and why they are accusing you MG of this

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is that they feel that because Drake's contract is almost up,

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if you devalue him a little bit, you weaken Drake's

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negotiating position because they're gonna have to negotiate a new contract,

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or Drake goes elsewhere, he goes to another label, or

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Drake just doesn't have a label because he's already super famous.

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Why do you need a label? And we live in

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an era where, you know, because of the Internet, you

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don't need a label. It helps if you're already famous,

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You've got a giant head start, right, but you don't

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necessarily even need a label. But if that label's going

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to advance you millions and millions of dollars on everything

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that you do, you know it can be helpful too.

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So that's another discussion. But so legal representation for Drake

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is claiming that UMG intentionally has devalued him conspiring with

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Kendrick Lamar on that song. Not like us to devalue

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Drake ahead of their their contract negotiations to weaken Drake's

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negotiating position. Again, I'm skeptical. That seems like an awfully

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big gamble. Plus, you know, these conspiracies don't, get me wrong.

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Conspiracies happen, of course they do, But I don't know.

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Speaker 2: I don't know.

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Speaker 1: Awkham's razor would suggest that, Yeah, obviously UMG wanted Kendrick

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to have a big hit with not like us because

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it's on UMG. Kendrick is also on UMG, so they want,

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you know, you always want to have a hit single,

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right and not like us as wildly successful. Heck so

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successful it got performed at the super Bowl. Anyway, Here's

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here's what's There are updates with this.

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Speaker 2: There are updates.

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Speaker 1: This is from This is from Music Business Worldwide dot com,

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a very very handy website for this kind of thing.

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Court says discovery process can move forward and Drake's defamation

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lawsuit against UMG over not like us. It says here

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at a pre trial conference this morning in New York.

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And when we say this morning, we actually meet April second,

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so a few days ago, earlier this week. But in

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that conference, Judge Jeannette Vargas ruled that the discovery process

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in Drake's defamation lawsuit over Kendrick Lamar is not like us,

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and begin UMG asked the US federal Court judge for

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a stay of discovery in the lawsuit. On March eighteen,

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a day after the company filed a motion to dismiss

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the case. As reported last week, Drake's legal team pushed

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back against the request to pause the evidence gathering process.

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Following the decision made at this moment at this morning's

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pre trial conference. Again this was earlier in the week.

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The discovery process for both parties can now move forward.

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UMG's motion to dismiss is still pending, with a hearing

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date set for June thirtieth. In a letter to Judge

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Jeannette A. Vargas filed last Wednesday, March twentieth and obtained

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by Music Business Worldwide, Drake's attorney Michael J. Gottlieb argued

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that UMG's request to freeze discovery.

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Speaker 2: Should be denied. By the way.

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Speaker 1: So, I'm not a legal expert, I have no legal

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background nothing, So I just I'm speaking as a layman.

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But if you don't know, discovery is when you get

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to discover literally the evidence that is involved in the case.

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So if you are Drake's attorneys, you're looking for in

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terms of discovery, you want access to any of the documents,

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anything that your opponents in this case, of course, the

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legal representation for Kendrick Lamar or actually, I'm sorry again,

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we should be precise with UMG, the legal representation of UMG,

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because they're not suing Kendrick Lamar directly unless I've misunderstood something,

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which is always possible, but anything, because here's what they're

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looking for it. They want something, whether it's emails, whether

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it's something written down somewhere, or whatever.

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Speaker 2: It may be.

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Speaker 1: They want something. Drake's attorneys want something that shows evidence

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that there was a conspiracy to actually devalue Drake and

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thus weaken his negotiating position for the next contract. They

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want something that suggests that. Again I'm very skeptical about

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this whole theory. I find it to be a dubious

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claim at best, but it's possible. So that's what they're

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looking for. So through discovery they can get access to

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things that are not going to be given, not going

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to be offered voluntarily, right, But they can get access

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to all of that evidence because again and again I

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might get some of the terminology wrong. I'm not a

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legal expert. I have no legal background, but from what

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I know, unfortunately, I've never been sued and I've never

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had to sue anybody, and I've gotten this far in

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life with avoiding all of that. But from what I understand,

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both parties have a right in a legal dispute, whether

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be it civil or criminal, both parties have a right,

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in this case civil to see all of the evidence

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that the other party has that they're going to use

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in court in the case. So that's what discovery is.

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You're discovering what your opposition has because you have a

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right to be able to see that and have access

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to it as well. Very often the legal wrangling ends

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up being over what documents do you have a right

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to see? In terms of discovery, what do you have

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a right to access to So if you're suing UMG,

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for example, and I know because another news story I

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saw and it might be mentioned in this article, I

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don't know.

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Speaker 2: We'll see, but I know that one of the issues

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that had.

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Speaker 1: Arisen was do Drake's legal team do they have a

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right to access Kendrick Lamar's they're suing you MG, they're

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not suing Kendrick directly, but do they have a right

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to access Kendrick Lamar's documents to see if he has

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any correspondence talking about a conspiracy to devalue Drake anything

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like that right. So, and that was a question at

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one point that the judge had to rule on. You know,

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it's one thing for them, they're suing UMG. It's one

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thing for them to have access to any UMG documents

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that they want. Do they also should they have a

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right to have access to Kendrick Lamar's documents or anyone

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else associated, anyone else who might be mixed up in

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this effectively, if I understand that correctly, let me back

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up a little bit.

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Speaker 2: So.

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Speaker 1: In a letter to Judge Vargas filed on Wednesday, March twentieth,

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Drake's attorney argued that UMG's request to freeze discovery should

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be denied. Quote UMG has failed to meet its burden unquote,

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Gottlieb claims in the four page letter, arguing that UMG's

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motion to stay discovery fails on all three factors courts

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consider when investigating such requests. Gottlieb's letter reference to the

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court's own statement that quote, it is not the practice

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of the court to routinely stay discovery pending the outcome

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of emotion to dismiss unquote, highlighting that such pauses are

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the exception rather than the rule. The fileing arrived just

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one day after UMG asked the court for a stay

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of discovery with UMG attorney rollin a Ransom, which is

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such a great name. By the way, he must represent

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a lot of people in the music industry because that

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names come up on the show before rollin a Ransom,

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arguing that I mean that sounds like the name of

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a character in a film, it or a book. It

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doesn't sound like a real person, arguing that quote. Courts

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in this district have emphasized that defamation defendants must be

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protected from unnecessary discovery to safeguard First Amendment protections unquote.

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Drake's lawsuit against UMG, filed in January, alleges that the

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company promoted a false and malicious narrative about Drake via

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the context of the lyrics, single, artwork and music video

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for Not Like Us. Today's decision over discovery is the

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latest development in the legal fallout from one of twenty

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twenty four's biggest hits and a high profile rap few.

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Not Like Us, was released in May twenty twenty four

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as part of a series of distracts exchanged between Drakes

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and Lamar. The development follows Drake's withdrawal of his previous

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legal petition against UMG and Spotify in January, which had

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discussed the companies which had accused the companies of artificially

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inflating streams for Lamar's track. By the way, what's interesting

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about that and that we don't have time to get

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into that aspect of all of this in detail, but

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that would be a really interesting conversation. Probably Jenny and

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I will tackle that in the future at some point,

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because I know there are a lot of strong feelings

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about it.

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Speaker 2: In terms of what is and is not.

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Speaker 1: Appropriate or legal or ethical. Legally, I don't think there's

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any issue, but ethically when companies artificially inflate the numbers,

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and that's something that happens across the Internet, by the way,

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not just in streaming. You know, if say Spotify, I'll

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just give you a hypothetical, say and and artists or

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or label is paying Spotify money to artificially inflate the

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numbers of a particular single from a particular artist so

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that when you look at that on Spotify, it looks

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like it's got a lot more listens than it actually does.

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Is that ethical? Is that okay? Or is that a

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form of payola? And again, we can have a whole

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that's a whole, separate conversation because I know a lot

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of people have feelings about that. But when when I

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say that happens across the Internet, that happens to other

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places too. It happens with podcasts, it happens with everything.

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For example, on on X formerly Twitter, sometimes people will

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put videos or live streams on X and then they'll

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be talking about, you know, look at how successful this was,

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and look at all the people who watched my video,

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when in reality, anybody who even scrolls past that video,

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even if they don't watch more than a second of it,

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you know, that counts as a quote unquote view of

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the video. So the numbers are artificially inflated that way,

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or Rumble does that. Rumble is notorious for doing that.

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They inflate their numbers to make their context content creators

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happy and make them look more successful and so forth.

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But there is more to this article, but we are

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we are running short in this hour. But Music Businessworldwide

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dot com is a great website. So if you are

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interested in matters of the music industry, whether they be

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controversies and legal problems that seem to come up quite

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a bit, or if you're just curious about keeping up

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on what's going on in the industry.

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Speaker 2: That's a great website to go to.

