Drake remains one of the highest streamed musicians in the world but still, “Not Like Us” allegedly damaged his career, according to two new pre-action petitions. Earlier this week, the rapper’s attorneys filed two separate court documents requesting for UMG to preserve evidence pertaining to the success of Kendrick Lamar’s hit record. The first case targeted UMG and Spotify with claims of violating RICO and manipulating streams through botting and influencers. The second filing calls out UMG and iHeartMedia on claims of defamation. Below, we’ve broken down both filings.
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The Alleged Manipulation Scheme
The petition outlines a strategy by UMG to artificially inflate the popularity of “Not Like Us.” This included using bots to generate fake streams, making undisclosed payments to Spotify for song promotion, and engaging in payola (illegal payments) to radio stations. Additionally, UMG reportedly paid influencers and social media platforms to promote the song without transparency about these financial arrangements.
A core issue is the “strategic partnership” between Spotify and UMG, which the petition describes as an effort to “amplify music discovery and social interaction and enhance fan experiences across the platform.” Moreover, the petition also claims that UMG, which entered a global license agreement with Spotify in 2020, charged the streaming service 30% less to license “Not Like Us” in exchange “for Spotify affirmatively recommending the Song to users who are searching for other unrelated songs and artists” without disclosing this information to the public.
The Debunked Theories
Drake used my video in his (pre action) lawsuit against UMG
I made a video showing that Siri was taking you to “Not Like Us” when you asked to play “certified lover boy” on Spotify. I later showed this was because of lyric recognition. But they didn’t include that part lol pic.twitter.com/tEZQCrVM0s
— Jeremy Hecht (@Jeremy_Hecht) November 26, 2024
An interesting part about this document is that it points out several viral headlines since the song’s release. In one part, it alleged that Apple’s Siri redirected listeners who wanted to listen to Certified Lover Boy to Kendrick Lamar’s “Not Like Us,” in which Kendrick uses Drake’s album title as a lyric, based on reporting by Jeremy Hecht and an article from Vibe Magazine.
“On information and believe, UMG paid, or approved payments to, Apple Inc. to have its voice-activated digital assistant ‘Siri’ purposely misdirect users to ‘Not Like Us.’ Online sources reported that when users asked Siri to play the album ‘Certified Loverboy’ by recording artist Aubrey Drake Graham d/b/a Drake, Siri instead played ‘Not Like Us,’ which contains the lyric ‘certified pedophile,’ an allegation against Drake,” the filing reads. While a hefty allegation, Hecht later clarified that Siri used lyric recognition.
Read More: Drake Alleges “NFR Podcast” Was Paid To Cover Kendrick Lamar’s “Not Like Us”
Impact On Drake’s Career & Frozen Moments
Drake, through Frozen Moments, claims economic harm from UMG’s actions. The aggressive promotion of “Not Like Us” created a zero-sum scenario in the music industry, where one song’s success can hinder another artist’s opportunities. UMG’s alleged favoritism toward Kendrick Lamar directly impacted the visibility and profitability of Drake’s own music.
Frozen Moments also highlights UMG’s attempts to deflect blame. Instead of addressing Drake’s grievances, UMG suggested legal action against Lamar and threatened counterclaims if Drake pursued them. Moreover, the filing alleges that “UMG has been taking steps in an apparent effort to conceal its schemes, including, but not limited to, by terminating employees associated with or perceived as having loyalty to Drake.”
What Exactly Does Drake Want?
The petition is filed under New York law to request pre-action discovery, a process that allows evidence gathering before filing a formal lawsuit. Frozen Moments seeks to substantiate claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), alleging wire fraud and bribery, and under New York’s Deceptive Business Practices and False Advertising Acts. To build the case, the petition asks the court to compel UMG and Spotify to release documents, including records of payments to third parties for song promotion, information about bot usage for fake streams, and details of licensing agreements and financial arrangements between UMG and Spotify. Frozen Moments also seeks a court order requiring UMG and Spotify to preserve all related communications and documents. The concern is that critical evidence, such as social media messages and text communications, may be lost if not safeguarded during the legal process.
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UMG’s Response
After news broke, UMG issued a statement to Variety regarding the “absurb” claims. “The suggestion that UMG would do anything to undermine any of its artists is offensive and untrue,” a rep said. “We employ the highest ethical practices in our marketing and promotional campaigns. No amount of contrived and absurd legal arguments in this pre-action submission can mask the fact that fans choose the music they want to hear.”
Drake Vs. UMG & iHeartMedia
The day after filing the petition in New York, Drake filed another legal petition against Universal Music Group in Texas, along with iHeartMedia, in Texas. This time, the Canadian star is accusing UMG of orchestrating a deceptive promotional campaign for Kendrick’s “Not Like Us” while simultaneously causing damages to Drake’s reputation and career. Under Texas Rule 202, Drake is attempting to, once again, gather substantial evidence before filing a formal lawsuit against the aforementioned parties. Let’s break down the second petition that Drake filed this week.
Defamation & Botting Claims
The second filing echoes similar sentiments of streaming manipulation and payola. However, at the core of this petition is accusations of defamation. “Not Like Us,” which Drake claims includes defamatory language such as “certified pedophile” and labeling him a “predator,” was released under UMG’s watch. However, Drake believes that the label had the authority to either refuse the song’s release or at the very least, demand changes to the lyrics. The rapper claims that UMG, instead, chose to exploit the controversy for financial gain which, in turn, caused harm to his business. Drake’s petition also accuses UMG of manipulating platforms like Spotify and radio airwaves to falsely inflate the song’s popularity. This alleged manipulation includes the use of bots, undisclosed payments to influencers and platforms, and “payola”—a term referring to secret payments to radio stations to play certain songs, which is illegal under U.S. law.
The Specifics Against UMG
The petition outlines several allegations against UMG and their alleged partnership with iHeartRadio. Similar to the New York filing, this petition details claims of an alleged manipulation scheme to enhance the popularity and streams of “Not Like Us” in an attempt to boost profits for UMG. These include using bots to artificially boost “Not Like Us” streaming numbers and citing an alleged whistleblower who they claimed received thousands of dollars to help the song garner over 30 million streams on Spotify in the days after its release. Moreover, Drake claims that UMG also paid influencers to promote the song without disclosing the financial relationship–a violation of advertising transparency laws.
Then, there are the claims of payola. Drake believes that UMG funneled payments to radio stations, specifically those under iHeartRadio, to make sure “Not Like Us” gained heavy radio play in the months after the feud. Legally speaking, this is an alleged violation of the Communications Act of 1934. This also goes hand-in-hand with the claims that UMG orchestrated an elaborate marketing campaign to use discretionary funds to pay unknown third parties to promote the song, inflate its metrics, and as a result, drive media attention.
As mentioned above, a primary focus point in this article is defamation. The filing suggests that UMG greenlit the song to streaming services and radio. Considering the language used in the song, Drake claims UMG did little to prevent the accusations of pedophilia from proliferating across official streaming services and radio. Even more, he believes it was done in an attempt to profit off of the controversy.
iHeartMedia’s Alleged Role
In regards to iHeartMedia, the largest audio media company in the U.S. that owns hundreds of radio stations, Drake’s petition hopes to put the company’s alleged role under the microscope. The petition suggests that iHeartMedia played a significant role in UMG’s campaign by promoting “Not Like Us” across their platforms. Because of this, Drake is hoping to uncover whether iHeartMedia accepted undisclosed payments from UMG in exchange for prioritizing the song on the airwaves.
Due to the song’s popularity and constant rotation, Drake’s legal team argues that iHeartMedia cooperated in amplifying the harm caused to his career. This petition also highlights the financial relationship between UMG and iHeartRadio. According to the court documents, iHeartMedia pays UMG licensing fees to play its artists’ songs. This allegedly gives UMG leverage in what music gets airtime. Because of this, Drake’s legal team wants to explore whether the financial dynamic allowed UMG to manipulate radio play for “Not Like Us.”
What Drake Hopes to Uncover
Drake’s petition asks the court to authorize depositions from representatives of UMG and iHeartMedia. He wants access to evidence of financial transactions, communications, and internal documents that could confirm the use of bots, payola, and undisclosed promotional payments. This includes records of payments made to influencers, radio stations, and social media platforms, evidence of bot usage to inflate streaming numbers; and details of licensing agreements and financial benefits exchanged between UMG and iHeartMedia. Additionally, Drake is requesting that UMG preserve all related communications and data out of concern that evidence might otherwise be destroyed or concealed.
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The Implications
This pre-action filing could put a spotlight on the transparency and fairness in the music industry, or the lack thereof. However, it all depends on whether the court determines that there is substance to these allegations. If the evidence supports Drake’s claims, Drake could pursue lawsuits against UMG, iHeartMedia, and Spotify. Still, this could also expose possible tactics that Drake used in his career, too. Whether or not Drake has also used bots and payola in his career remains unclear, though if it turns out to be the case, then there might be some sort of reevaluation of the streaming records that he’s broken. At the same time, this could effectively expose the alleged malpractices of the music industry as a whole. For better or for worse, Drake might be the catalyst to change industry practices indefinitely.
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