The publishers claim X never attempted to secure an individual license and that X cannot cite an example of a music publisher rejecting such a request.
The Floyd Abrams Institute brief advances an argument that wasn't previously central in the case: that Drake consented to the allegedly defamatory statements, barring his lawsuit under established defamation law.
A Texas judge found that the plaintiffs sued in the wrong place, and that the plaintiffs didn't have a copyright registered for their song when they filed the case.