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An Atlanta jury on Tuesday issued a verdict largely acquitting Young Thug’s two remaining co-defendants in the long-running trial of his alleged YSL gang.
After nearly a year of testimony, jurors found Deamonte “Yak Gotti” Kendrick not guilty on any of the slew of charges he was facing. They found Shannon Stillwell guilty on a single charge of possession of a firearm by a convicted felon, but not guilty on any others.
The verdict, which will allow both men to walk free on Tuesday, is a major loss for the Fulton County District Attorney’s office, which had accused Kendrick and Stillwell of racketeering, murder, firearms and drug charges – accusations that exceeded those leveled against Thug himself.
After the verdict was read, Judge Paige Reese Whitaker sentenced Stillwell to 10 years in prison but ordered him to serve only two, which were covered by time already served during the long-running trial. The remaining eight years of his sentence will be served on probation, the judge said.
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The verdict came a month after Thug himself escaped the case. After botched testimony from a state’s witness sparked talk of a mistrial, Thug’s attorneys rejected a plea deal with prosecutors and instead opted to simply plead guilty – a gamble that paid off when Whitaker sentenced him to just 15 years probation with no time served in prison.
Combined with Thug’s exit, Tuesday’s verdict marks the end of criminal trial that has captivated the music industry for nearly than two years. Pitting prosecutors in America’s rap capital against one of hip-hop’s biggest stars, the YSL case has raised big questions — about the fairness of the criminal justice system; about violent personas in modern hip-hop; and about prosecutors using rap lyrics as evidence.
Kendrick and Stillwell were two of the more than two dozen men indicted alongside Thug in May 2022. In a sweeping indictment, prosecutors alleged that his “YSL” — nominally a record label standing for “Young Stoner Life” — was also a violent gang called “Young Slime Life” that had wrought “havoc” on the Atlanta area for nearly a decade.
The case, built around Georgia’s Racketeer Influenced and Corrupt Organizations (RICO) law, claimed that YSL committed murders, carjackings, and many other crimes. Prosecutors said Thug was “King Slime,” operating as a criminal boss amid his rise to fame, but accused Kendrick and Stillwell of some of the most serious crimes — including carrying out the 2015 murder of rival gang leader Donovan Thomas that played a central role in the prosecution’s case.
From the start, the YSL case was beset by delays. Starting in January 2023, it took an unprecedented 10-month process just to pick a jury. After the trial itself got underway in November 2023, prosecutors meandered through a vast list of witnesses that included more than 100 names. Earlier this year, the case was delayed for weeks over a bizarre episode that resulted in the presiding judge being removed from the case.
Days before Thug pleaded guilty, several of his co-defendants either did the same or took plea deals. But Kendrick and Stillwell rejected offers and opted to continue to litigate the case, leading to Tuesday’s verdict.
Thought he trial is over, the YSL case isn’t quite over. Several other defendants were separated from the case early in the proceedings and could face similar trials in the future.
Britney Spears celebrated her 43rd birthday on Monday (Dec. 2), the same day a California court declared her officially single. According to People, the declaration came seven months after her divorce from ex-husband Sam Asghari was finalized in Los Angeles.
Spears and actor/model Asghari, 30, separated in July 2023, 13 months after their wedding and six years after they first began dating; Asghari filed for divorce in August 2023 citing irreconcilable differences.
Back in October, thrice-wed Spears celebrated that time she “married” herself in a throwback video that appeared to be similar to one from 2022, in which she wrote, “The day I married myself … Bringing it back because it might seem embarrassing or stupid, but I think it’s the most brilliant thing I’ve ever done !!!”
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Spears was also briefly married to childhood friend Jason Alexander in 2004 before tying the knot with dancer Kevin Federline that same year; she and Federline had two sons, Sean Preston, 19 and Jayden James, 18 before breaking up in 2007. In 2022, the singer married actor/personal trainer Asghari, with whom she split less than two years later.
While Spears did not address her new state-sanctioned singledom on her socials, she did post a video on Instagram in which she lashed out at one of her persistent tormentors: the paparazzi. “It really hurts my feelings that the paparazzi make my face look like I’m wearing a white Jason mask,” Spears said in the birthday selfie video post in which she referred to the iconic white hockey mask worn by teen terrorizer Jason Voorhees in the Friday the 13th horror movie series.
“It doesn’t even look like me. They’ve always been incredibly cruel to me,” she added. “The way they’ve illustrated me to be. Some of it I know I’m not perfect at all by any means, but some of it is extremely mean and cruel and that’s why I’ve moved to Mexico.” While Spears has often vacationed in Mexico, the clip appeared to be the first time she mentioned moving to the country.
In an earlier video, Spears again lashed the paps for how they make her look and noted that she is not, in fact turning 42 (as noted above, she turned 43 on Monday), but instead said “I’m turning five… I’m turning five-years-old. I have to go to kindergarten tomorrow.” It was unclear at press time what the latter comment was referring to.
Watch Spears’ videos below.
How did Fugees member Pras Michél go from being a former member of one of the most beloved hip-hop trios of the 1990s to facing two decades in prison? Slowly, then, it seems, all at once. In a new interview with Variety magazine — his first since a jury convicted him on 10 counts last April in an illegal lobbying case — the 52-year-old MC described his entanglement in one of the world’s largest-ever financial scandals.
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“I don’t know if subconsciously it was a bit exciting for me too. I like spy movies, but I never wanted to be a spy,” said Michél about his role in an influence peddling scandal that wound up with him convicted on charges of violating campaign finance laws during President Obama’s 2012 re-election bid, as well as illegally lobbying the Trump administration in 2017; Michél is facing up to 22 years in federal prison at his January sentencing hearing.
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“I don’t think that’s sexy. But a part of it felt like that,” he said.
The article opens with a spy novel-worthy scene — based on firsthand accounts and court documents — in which the rapper is ordered to go to the front desk of the Four Seasons hotel in Manhattan and used the phrase “banana peel.” That secret message prompted a concierge to hand him an envelope with orders to circle the block twice and await further instructions.
According to the scenario laid out in court, Michél then returned and was ushered into an elevator reserved just for visiting dignitaries facing possible assassination risks on his way to a penthouse suite, where a high-ranking Chinese official booted up an email from then Attorney General Jeff Sessions about three American hostages being held in Chinese prisons. After discussing one prisoner, who was pregnant, the man made a call and moments later showed Michél the itinerary for the woman who was to be flown back to the U.S.
A week after that meeting, federal agents swooped in on Michél, claiming that he was involved in a massive financial scandal that resulted in the siphoning of $4.5 billion from the Malaysian sovereign wealth fun referred to as 1MDB, with the U.S. government tagging the rapper as a Chinese spy.
Recalling the oddity of the hotel meeting, Michél said he noticed a red flag that night in the form of the secret elevator, which, even as a celebrity used to some necessary cloak-and-dagger maneuvers, he was not familiar with.
“I’m going to tell you what was weird to me: the fact that the Four Seasons has a private elevator. I never knew that,” said Michél, who was first charged in the case in 2019. He was accused of funneling money from fugitive Malaysian financier Jho Low through straw donors to Obama’s 2012 re-election campaign, a well as trying to help scuttle a Justice Department investigation into an extradition case on behalf of China during Trump’s first term. “They have a private elevator for just certain people. But my life leading up to that point felt surreal, so part of that night felt natural,” he said.
Michél was convicted in April on counts including conspiracy and acting as an unregistered agent of a foreign government in the long-running investigation and trial that featured testimony for the prosecution by stars including Leonardo DiCaprio and name-drops of Kim Kardashian and Martin Scorsese during testimony. In January, Michél’s former attorney, David Kenner, plead guilty to criminal contempt charges over allegations that he leaked grand jury materials to reporters ahead of the trial.
Low, a free-spending financier who backed the 2013 Scorsese-DiCaprio movie The Wolf of Wall Street, became the toast of Hollywood for a time, with many celebrities partying on his private jet and accepting lavish gifts from the still-missing businessman whom Michél met at a 2006 party after a promoter introduced them. Prosectors said that Low later offered Obama fundraiser Michél $20 million for a photo with the President, money Michél accepted and kept most of, assuming, he said, that was how the rich go about meeting famous people.
Facing decades in federal prison, Yale-educated Michél told the magazine, “technically, I’m a foreign agent.” He said he was never friends with Low, but he connected the businessman to other VIPs and, to date, the rapper is the only in Low’s orbit who has faced serious consequences in the fall-out from the scandal. “The government needed a prize. They needed a head, and he was the low-hanging fruit,” said one of Michél’s attorneys, Robert Meloni.
For his part, Michél — who reportedly had nearly $80 million seized by the U.S. government as part of their sanctions, with prosecutors claiming he pulled in more than $100 million from his dealings with Low — told Variety that he’s going to fight and appeal his sentence, but realizes he might end up behind bars either way. “There’s a possibility that I’m going in while I’m fighting,” he said. “It’s just the reality.” He added that as he awaits his fate, “every aspect of my life has been disrupted. I can’t bank anywhere, been kicked out of 13 banks… Without getting too philosophical about it, it was about me being at the right place at the wrong time. Or the wrong place at the right time.”
Given the cinematic scope of the story, Variety reported that there are at least three books on the subject in the works, with Idris Elba in talks with Michél’s reps about acquiring his life rights and an upcoming documentary about the rapper’s part in the scandal. Director Ben Patterson showed some footage from the in-process doc during a secret screening at the Toronto Film Festival in September, reportedly to stunned silence from the audience. Some of the footage was reportedly shot by Michél, who kept his camera rolling during a meeting with Chinese Communist Party official Lijun Sun — who was sentenced to death in 2022 for taking bribes — during that fateful hotel room meeting.
In the end, Michél said he’s been abandoned by publicists, friends and, without naming names, seemingly his former Fugees bandmates LaurynHill and Wyclef Jean. “I’m done with that. They’re going to Europe [to tour]. I can’t go,” he said of the bail conditions that prevent him from leaving the U.S.
“It’s what it is. You can’t give people that kind of energy. So you could be frustrated, you could be disappointed, but I really believe in my path and in my journey, and I believe what’s mine, no one’s going to be able to take it away from me,” he said. “So it’s better that you have a small group of people who really believe in you and believe in what you’re doing than to have 100 people around you, and the minute something happens — boom. People just disappear.”
In the meantime, Michél filed a strongly worded lawsuit against Hill in October, claiming she defrauded him over proceeds from the group’s foreshortened 2023 reunion tour and that her “gross mismanagement” led to the abrupt cancellation of their planned follow-up 2024 tour; Hill responded, calling the lawsuit “baseless” and “full of false claims and unwarranted attacks.”
Marilyn Manson has dropped his defamation lawsuit against Evan Rachel Wood and agreed to pay her $327,000 in legal fees, according to legal documents obtained by Billboard, officially ending a case that the shock rocker first lodged against his former girlfriend more than two and a half years ago.
Filed in March 2022, the lawsuit accused Wood of conspiring with another woman, Ashley Gore, to falsely portray Manson (real name Brian Warner) as a “rapist and abuser” in the public eye. Both women appeared in the 2022 documentary Phoenix Rising, in which Wood detailed her accusations of sexual abuse against the singer. The lawsuit claimed that both women “secretly recruited, coordinated, and pressured prospective accusers to emerge simultaneously with allegations of rape and abuse against Manson, and brazenly claim that it took 10 or more years to ‘realize’ their consensual relationships with Warner were supposedly abusive.”
But Manson’s lawsuit suffered a major blow in May 2023 after a judge largely sided with Wood in her move to have it thrown out by invoking California’s anti-SLAPP statute, which makes it easier for judges to dismiss cases that threaten free speech. In that ruling, the judge struck down much of Manson’s case after finding that the rocker had not shown he would ultimately be able to prove many of his accusations against Wood. Manson had appealed that decision this past August.
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“Marilyn Manson — whose real name is Brian Warner — filed a lawsuit against Ms. Wood as a publicity stunt to try to undermine the credibility of his many accusers and revive his faltering career,” Wood’s lawyer Michael J. Kump said in a statement sent to Billboard. “But his attempt to silence and intimidate Ms. Wood failed. As the trial court correctly found, Warner’s claims were meritless. Warner’s decision to finally abandon his lawsuit and pay Ms. Wood her full fee award of almost $327,000 only confirms as much.”
In his own statement, Manson’s attorney Howard King said, “After 4 years of fighting a battle where he was able to tell the truth, Brian is pleased to dismiss his still-pending claims and appeal in order to close the door on this chapter of his life.”
The public battle between Manson and Wood kicked off in February 2021, when Wood claimed in an Instagram post that Manson “started grooming me when I was a teenager and horrifically abused me for years.” In addition to Wood’s accusations, Manson has been hit with multiple sexual misconduct lawsuits over the last several years from women including former assistant Ashley Walters, model Ashley Morgan Smithline, Game of Thrones actress Esme Bianco and two Jane Doe accusers.
The majority of these cases are no longer active. In May 2022, a judge dismissed Walters’ lawsuit, citing the statute of limitations. Manson subsequently settled with both Bianco and one of the Jane Doe accusers, while Smithline recanted her allegations and claimed that Wood and others had “manipulated” her into bringing them.
Manson has denied all of the allegations against him.
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Drake goes to legal war over Kendrick Lamar’s diss track “Not Like Us”; Miley Cyrus strikes back at a copyright lawsuit over her chart-topping “Flowers”; Universal Music Group responds to Limp Bizkit’s $200 million royalties lawsuit; and much more.
THE BIG STORY: Drake Takes UMG To Court
Back in May, as Kendrick Lamar and Drake exchanged scathing diss tracks, I wrote an entire story dismissing the idea that Drake would sue over the beef. Sure, these were very specific insults from Kendrick, and I talked to legal experts about what it might look like if he did. But it was almost unthinkable that he’d really do it. As I wrote at the time, “An actual lawsuit seems unlikely, for the simple reason that any rapper responding to a diss track with a team of lawyers would be committing reputational suicide.”
Welp, here we are. In a pair of actions filed Monday (Nov. 25) in New York and Texas, Drake and his lawyers went to legal war over “Not Like Us” — only not with Lamar himself, but with the label that both superstars have called home for the majority of their careers.
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In the New York petition, Drake’s attorneys accused Universal Music Group (UMG) of launching an illegal “scheme” involving bots, payola and other methods to artificially pump up Lamar’s song. In the Texas filing, he echoed those claims but went even further, complaining that UMG could have blocked the release of a song that “falsely” accused him of being a “pedophile,” but instead “chose to do the opposite.”
“UMG designed, financed and then executed a plan to turn ‘Not Like Us’ into a viral mega-hit with the intent of using the spectacle of harm to Drake and his businesses to drive consumer hysteria and, of course, massive revenues,” his lawyers write. “That plan succeeded, likely beyond UMG’s wildest expectations.”
It’s worth noting that neither action is quite a lawsuit. Both were “pre-action” filings, seeking discovery and depositions that might yield evidence supporting such claims. But in seeking that info, Drake’s lawyers leveled serious accusations: In New York, they accused UMG of racketeering, deceptive business practices and false advertising; in Texas, they said they had enough evidence to sue the company for defamation, and might also tack on civil fraud and racketeering claims.
UMG, for its part, quickly fired back, calling the allegations “offensive and untrue” and stressing that it employs the “highest ethical practices” in promotion: “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’s allegations raise tricky questions about the line between litigation and public relations. The star is no dummy when it comes to the music business, and he’s repped in these cases by top partners at an elite BigLaw firm. It’s hard to imagine they’d file entirely baseless actions based purely on hurt feelings. But in a hip-hop world that prizes authenticity above all else, it’s also fair to wonder if the benefits of this approach can possibly outweigh the risk of reputational harm.
Stay with Billboard as this dispute moves forward — we’ll keep you updated on every development.
THE OTHER TOP STORY: Miley Strikes Back
Two months after Miley Cyrus was hit with an eyebrow-raising copyright infringement lawsuit over her chart-topping “Flowers,” her attorneys fired back with an interesting response.
Raised eyebrows, you say? The case, which claims “Flowers” infringes the copyright to Bruno Mars’ “When I Was Your Man,” targets an “answer song” — a track with lyrics that overtly respond to those of an earlier song. In this case, fans speculated that Cyrus was alluding to a song that her ex-husband had loved. Does that kind of lyrical riffing amount to infringement? Experts didn’t think so at the time.
But in September, Miley was hit with a lawsuit seeking to prove that it does, arguing that her smash hit “would not exist” without Mars’ song. Adding to the intrigue? The case was filed not by Mars himself, but by an investment firm that bought out the rights of one of his co-writers.
In her first response to the case this week, attorneys for Miley said that the total lack of involvement from Mars and two other co-writers was not some procedural quirk in the case, but rather a “fatal flaw” that required the outright dismissal of the lawsuit.
For more, go read our full story on Miley’s response, which includes access to the full motion filed by her attorneys.
Other top stories this week…
JUST ONE OF THOSE SUITS – Universal Music Group (UMG) fired back at a lawsuit from Limp Bizkit frontman Fred Durst claiming the label owes the band more than $200 million, calling the allegations “fiction” and demanding they be thrown out of court. Durst alleged last month he had “not seen a dime in royalties” over the decades, but UMG said in its first response that it had paid the band millions and that the lawsuit is “based on a fallacy.”
ST. LUNATICS DROP OUT – Three of Nelly’s former St. Lunatics bandmates (childhood friends Murphy Lee, Kyjuan and City Spud) formally dropped out of a lawsuit seeking royalties from the rapper’s breakout album Country Grammar — two months after they said they hadn’t wanted to sue him in the first place.
YOUNG THUG LAWSUIT – Now that he’s home from jail, attorneys for concert giant AEG said they’re ready to push ahead with a civil lawsuit accusing the rapper of violating an exclusive touring agreement. Filed in 2020 but long delayed by his criminal case, the case claims Young Thug owes more than $5 million under the deal and that he’s obligated to hand over some of his music to pay down that debt. And in newer filings, AEG leveled new accusations that Thug improperly sold off some of those rights while the case was pending.
TRUMP GUITARS – Guitar manufacturer Gibson sent a cease-and-desist letter to the branding agency behind a line “Trump Guitars” endorsed by President-elect Donald Trump, alleging the design of the instrument infringes the company’s trademark rights to the shape of the famed Les Paul guitar.
TORY LANEZ UPDATE – California prosecutors flatly rejected recent claims made by Tory Lanez’s legal team that the gun he allegedly used to shoot Megan Thee Stallion has gone “missing,” calling the accusations about vanished evidence “demonstrably false” and “troubling.” Those arguments were made as part of Lanez’s appeal seeking to overturn his felony convictions over the 2020 shooting.
‘ELECTRIC AVENUE’ SETTLEMENT – Donald Trump reached an agreement with Eddy Grant to resolve a long-running lawsuit over his use of “Electric Avenue” without permission in a 2020 campaign video. The deal came two months after a federal judge ruled that Trump infringed the copyright to the 1982 hit, and will resolve any need for further litigation to figure out how much the President-elect must pay in damages under that ruling.
SONY ENDS RACE CASE – Sony Music settled a lawsuit filed by a former assistant to Columbia Records chief executive Ron Perry who claimed she was forced to resign after pushing back on hiring practices that allegedly discriminated against white applicants. Sony had called those accusations “contradictory and false” and was actively seeking to have the case dismissed when the settlement was reached.
SIRIUS TROUBLE? A New York state judge ruled that SiriusXM violated federal consumer protection law by making it too difficult for listeners to cancel their subscriptions. The ruling came from a lawsuit filed last year by New York’s attorney general, who accused the company of subjecting canceling subscribers to a “burdensome endurance contest” that required phone conversations with a live agent and extended time spent on hold.
PIRACY AT SCOTUS – Nearly five years after the major labels won a $1 billion music piracy verdict against Cox Communications, the U.S. Supreme Court signaled that it might jump into the case by asking the U.S. Department of Justice to weigh in.
Drake shocked the music industryon Monday (Nov. 25) when he accused his label, Univeral Music Group, and Spotify in a court filing of artificially inflating the popularity of Kendrick Lamar’s “Not Like Us.”
Drake’s Frozen Moments LLC alleges in the filing that the two parties conducted an “illegal scheme” that involved paid bots and other methods to “pump up” Lamar’s track that viciously disses him and accuses him of pedophilia, among other claims. UMG has denied the allegations, calling them “offensive and untrue” in a statement to Billboard. (Spotify declined to comment.)
The legal procedure — and the second action against UMG that Drake filed Tuesday (Nov. 26) — essentially reignited the flame for the Kendrick and Drake beef, as fans continued to bicker back and forth on social media over his legal maneuvers. “Drake Stan’s acting like Drake suing in order to fight the good fight against capitalism is soooooo funny bro LMFAOOOOOOO,” one person tweeted.
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7PM in Brooklyn co-host Kazeem Famuyide took a different approach while examining the industry as a whole. “Kendrick: F the whole industry. Drake: F the whole industry. Cole: F the whole industry. Fans: actually, I’m on the industry’s side here,” he added.
Kendrick: F the whole industry. Drake: F the whole industry. Cole: F the whole industry. Fans: actually, I’m on the industry’s side here. pic.twitter.com/l96ouJWN8P— Kazeem Famuyide 🇳🇬 🍎 (@Kazeem) November 26, 2024
No Jumper‘s Adam22 agreed this could have major implications on the music industry. “Anyone acting like Drake is just a bad loser hasn’t read this s–t yet,” he tweeted. “If half of this gets proven, Drake will look like a hero for exposing the corrupt music industry.”
Former NFL star Arian Foster took a different approach and jokingly compared Drake’s legal action to this being his version of the Jan. 6 Capitol insurrection.
“One thing that’s funny to me about Drake suing his label is I’ve never seen so many fans be on the label’s side before lmao,” another fan chimed in. “This the first time where the artist isn’t automatically right to the public.”
In its statement to Billboard, UMG noted: “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.”
Kendrick’s “Not Like Us” proved to be the knockout blow in his feud with Drake, and has remained a cultural staple as one of the biggest songs of the year. The Mustard-produced diss track topped the Billboard Hot 100 for a pair of weeks and hasn’t departed from the top 20 since its arrival in May.
Find more fan reactions to Drake’s legal actions below.
Drake the type of nigga you find in hide & go seek and then he cry and say he wasn’t even playing 😭😭😭 Fuck was you in the dryer for???— I LOVE YOU, PINK!🦋 (@Pinkthepimp) November 25, 2024
Drake reporting Kendrick to the HR department is crazy work— DDOT. (@DDotOmen) November 26, 2024
Drake trolled and begged for Kendrick to get in the ring and got his ass handed to him now he went back in the house and dialed 911— Trav (@travaunt) November 25, 2024
Guitar manufacturer Gibson has issued a cease-and-desist against the branding agency behind a line of guitars endorsed by President-elect Donald Trump, alleging the design infringes the company’s trademarks, Billboard has confirmed. The cease-and-desist against 16 Creative alleges the guitar line infringes on its trademark for the “iconic Les Paul body shape,” a Gibson spokesperson tells […]
Universal Music Group (UMG) has responded to allegations by UMG artist Drake that it conspired with Spotify to artificially boost the popularity of Kendrick Lamar’s “Not Like Us” in a blockbuster legal filing on Monday (Nov. 25). “The suggestion that UMG would do anything to undermine any of its artists is offensive and untrue,” to […]
Drake has initiated legal action against Universal Music Group and Spotify over allegations that the two companies conspired to artificially inflate the popularity of Kendrick Lamar’s “Not Like Us.”
In a filing Monday (Nov. 25) in Manhattan court, Drake’s Frozen Moments LLC accused UMG of launching an illegal “scheme” involving bots, payola and other methods to pump up Lamar’s song — a track that savagely attacked Drake amid an ongoing feud between the two stars.
“UMG did not rely on chance, or even ordinary business practices,” attorneys for Drake’s company write. “It instead launched a campaign to manipulate and saturate the streaming services and airwaves.”
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Drake’s attorneys accuse UMG of violating the Racketeer Influenced and Corrupt Organizations Act, the federal “RICO” statute often used in criminal cases against organized crime. They also allege deceptive business practices and false advertising under New York state law.
The court filings are a remarkable twist in the high-profile beef between the two stars, which saw Drake and Kendrick exchange stinging diss tracks over a period of months earlier this year. That such a dispute would spill into business litigation seemed almost unthinkable in the world of hip-hop.
It also represents a stunning rift between Drake and UMG, where the star has spent his entire career, first through signing a deal with Lil Wayne’s Young Money imprint, which was distributed by Republic Records, and then signing directly to Republic.
Lamar, meanwhile, has also spent his entire career associated with UMG, first through the TDE imprint, which was distributed by Interscope, and more recently through his own company pgLang, which he licenses through Interscope.
In technical terms, Monday’s filing is not yet a full lawsuit, but a so-called “pre-action” petition — a procedure under New York law that aims to secure information before filing a lawsuit. Spotify declined to comment. UMG did not immediately return a request for comment.
This is a developing story, and will be updated as more information becomes available.
Nearly five years after the major labels won a $1 billion music piracy verdict against Cox Communications, the U.S. Supreme Court is signaling that it might jump into the long-running copyright case.
In an order issued Monday (Nov. 25), the justices asked the Justice Department to weigh in on whether the high court should tackle the huge penalty, which Universal Music Group (UMG), Sony Music Entertainment (SME) and Warner Music Group (WMG) won back in 2019 over allegations of widespread piracy by Cox’s users.
After an appeals court ordered the award recalculated earlier this year, both sides have asked the Supreme Court to take the case. The labels want the justices to reinstate the original verdict; Cox wants the high court to overturn it entirely.
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Such petitions are always a long shot, as the Supreme Court takes less than 2% of the more than 7,000 cases it receives each year. But Monday’s order — a “call for the view of the Solicitor General,” or CVSG, in SCOTUS parlance — is a relatively rare step that indicates that the justices think the issues in the case might be significant enough for the court to tackle.
UMG, SME and WMG all sued Cox in 2018, seeking to hold the internet giant itself liable for alleged wrongdoing committed by its users. The labels said Cox had ignored hundreds of thousands of infringement notices and had never permanently terminated a single subscriber accused of stealing music.
ISPs like Cox are often shielded from lawsuits over illegal downloading by the Digital Millennium Copyright Act, or DMCA. But a judge ruled that Cox had forfeited that protection by failing to terminate people who were repeatedly accused of violating copyright law. Stripped of that immunity, jurors held Cox liable in December 2019 for the infringement of 10,017 separate songs and awarded the labels more than $99,000 for each song, adding up to $1 billion.
Earlier this year, a federal appeals court overturned that award, ruling that aspects of the verdict weren’t supported by the law. But the appeals court also upheld other parts, and Cox is still facing the potential of a very large penalty when damages are recalculated.
In taking the case to the Supreme Court, Cox has urged the justices to undo the entire verdict. The company has issued dire warnings, arguing that the “draconian” approach applied in the case “threatens mass disruption” by potentially forcing ISPs to terminate internet service to thousands of Americans.
“The stakes are immense,” Cox’s attorneys wrote. “This court should grant certiorari to prevent these cases from creating confusion, disruption, and chaos on the internet. Innovation, privacy, and competition depend on it.”
Firing back, the labels have called those arguments “disingenuous” and instead urged the court to take up their own separate petition seeking to reinstate the entire verdict.
“This court should take Cox’s concerns about terminating internet access with a healthy serving of salt,” attorneys for UMG, SME and WMG wrote. “During the time period at issue here, Cox terminated over 600,000 subscribers for not paying their bills. When Cox’s money is on the line, Cox clearly has no problem ‘irreparably cutting’ its customers ‘off from society.’”