Drake Trying To Set Aside Deposition Request Files Motion to Get Out of It

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Drake is trying to put the kibosh on getting deposed in the XXXTENTACION murder trial — and he's making some legal moves to try to get out of it.

The rapper filed a motion, through his attorney Bradford Cohen, asking the judge to set aside the subpoena requiring him to sit for a private deposition in late February.

As we reported, the judge was persuaded by arguments made by defense attorney Mauricio Padilla to call Drake as a witness in the case. Padilla represents Dedrick Williams, one of three defendants charged with killing XXX. The murder trial for the 3 men began last week.

According to the docs, obtained by TMZ, Padilla sent Drake a ZOOM link for the deposition without putting it under seal, which could have compromised Drake's security given that he’s an international star.

Several days later, the docs say Padilla filed a notice with the court but failed to include details on how the ZOOM interview with Drake would be conducted. As a result, Drake says the subpoena was procedurally defective.

Per the motion, Drake also claims his name never appeared in the investigative files and there's nothing to suggest he has any relevant knowledge about the case ... he believes it's unreasonable to ask him to sit for a deposition and says doing so is just an attempt to "add more layers of celebrity and notoriety to a tragic and unfortunate event."

The judge has yet to make a final ruling on Drake's motion.

Garth Brooks Sounding Off on Ticket Prices Fans Forced to Pay ... In L.A. Panel with Dolan, Azoff & More

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Garth Brooks is joining a growing number of music superstars using their voices to sound off on the prices fans are forced to pay to see their favorite acts.

The country music legend is scheduled to speak on a panel in Los Angeles next week joined by Madison Square Garden Entertainment's James Dolan, former Assistant Attorney General for the DOJ, Makan Delrahim and moderated by music biz mogul, Irving Azoff.

The event will be the 34th annual Pollstar Live! conference discussion panel, which will go down February 22 at 9:45 AM PT at the Beverly Hilton in L.A.

As for what will be discussed, we're told Azoff, Brooks and team will talk ticket scalpers, how to score tickets to events without getting ripped off, the resale market and how outside hands have really soured the market for fans.

The Pollstar Live! conference won't just discuss ticketing though, there's also a convo between Mumford and Son's Ben Lovett, and Brian Teasley as well as a panel to celebrate 50 Years of Live Hip-Hop with Doug E. Fresh, DJ Quik & Big Daddy Kane.

It'll be held from February 21 until February 23.

As we reported, Taylor Swift fans sounded the alarms when tickets went on sale for her Eras Tour ... waiting for hours to score seats to the show and either getting shut out or hammered with crazy prices.

The issue has made it all the way to the United States Congress and to President Biden -- with many politicians promising to take on corporations like Ticketmaster.

Swae Lee Billboard Top 50 List Trash for Snubbing Me ... I Got 💎 Records!!!

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THE LIST IS WRONG

Swae Lee isn't validating Billboard's Top 50 rapper list for obvious reasons -- it's missing his and Rae Sremmurd's names, and that makes him suspect of the whole damn thing!!!

We caught Swae out in Glendale, AZ during the Super Bowl party blitz and he was hot at Billboard's omission, although he agreed with Jay-Z's spot at No. 1.

He explains his success as a rap star should've qualified him for a spot ... and he makes a decent point.

Swae Lee has 2 Diamond (sales of 10 million) tracks to his name ... "Unforgettable" with French Montana and "Sunflower" with Post Malone, and seeing as Billboard's whole deal is compiling stats and numbers, that should've counted for something, eh?

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While Swae and Slim Jxmmi rank high amongst Gen-Z legends, their opinions don't differ much from one of rap's true pioneers Ice Cube ... who also unloaded on the list to TMZ Hip Hop last week.

As Cube sees things, Billboard doesn't have enough credentials to speak on hip hop culture, and couldn't be reasoned with once he realized his Mt. Westmore co-star Too $hort was left off the list!!!

Swae concluded our chat teasing Rae Sremmurd's upcoming "Sremmlife 4" album ... which he promises will make the BB editors eat their words!!!

'Joker 2' Extras Pissed Over Bathroom Breaks ... We Can't Hold It Forever!!!

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Things are getting pissy on the set of the upcoming "Joker" sequel ... we're told extras are angry over the lack of bathroom access, causing tension with production.

Sources on set tell TMZ ... extras for the movie have been complaining about working for over 2 hours nonstop and not being allowed to use the bathroom or drink water during filming at Warner Bros Studios in Burbank.

We're told the potty problems are mainly cropping up when extras are on set for camera setups, which often last between 20 minutes to an hour. The background actors fear repercussions if they ask higher-ups to use the loo ... that's because they say some extras have already been berated.

Our sources say one extra had to use the bathroom "terribly" between camera setups, but in order to do so, they first had to "state their case" to the assistant director as to why it was really an emergency.

When the extra was on their way back to set after using the bathroom, we're told they grabbed a cup of water and an assistant director said to them, "Why are you drinking more water? So you have to go pee again?"

We're told another A.D. was overheard saying, "I've never had to go to the bathroom this much. What do they even do in there? Cause they definitely aren't using them."

With the shoot tentatively scheduled for 5 weeks, there's a lot of money and regular work on the table for extras during a normally slow period in Hollywood, which is why some don't want to ruffle any feathers over bathroom breaks.

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We've learned SAG received a complaint about a break time violation and they investigated and spoke to production. We're told production's been cooperative and SAG will continue to follow up and monitor the set.

"Joker: Folie à Deux" is set to be released in 2024 ... and it's starring Joaquin Phoenix and Lady Gaga. Filming began in December.

It's the second time there have been bathroom issues on a "Joker" movie set ... as we first told you, during filming for the first movie back in 2018, extras were locked in a Brooklyn subway car for more than 3 hours and started peeing on the tracks.

We reached out to Warner Bros., but so far no word back.

Megan Fox Hints at Breakup with MGK ... Posts Lyrics from Bey's Lemonade

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Megan Fox is hinting she broke up with Machine Gun Kelly ... because it's hard to think of another scenario based on the song she referenced.

In a since-deleted post/account Sunday, Megan wrote, "You can taste the dishonesty it’s all over your breath" ... and it appears she's burning something.

As you know, Megan's quote is from Beyonce's song, "Pray You Catch Me," which is featured on her Lemonade album. As you know, the 2016 album is all about Jay-Z cheating on her.

Megan unfollowed everyone except 3 folks ... Timothee Chalamet, Harry Styles, and Eminem. Em is significant because he's heavy into beef with MGK.

Megan Fox and Machine Gun Kelly got engaged in January 2022. She's also appeared in his music video for "My Bloody Valentine."

The two have been inseparable for a while now, but based on the post, that may all be history.

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DROPPING HINTS

Stay tuned.

Idris Elba Clarifies 'Black Actor' Quote ... Race Doesn't Define My Job

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Idris Elba is clearing up what he meant when he recently said he no longer calls himself a Black actor -- this after much debate online -- by now saying, my job ain't about race.

The actor's original quote showed up in an interview he did with Esquire magazine this past week, in which he said ... "I stopped describing myself as a Black actor when I realized it put me in a box."

IE added at the time, "As humans, we are obsessed with race. And that obsession can really hinder people’s aspirations, hinder people’s growth. Racism should be a topic for discussion, sure. Racism is very real. But from my perspective, it’s only as powerful as you allow it to be. We’ve got to grow. We’ve got to. Our skin is no more than that: It’s just skin."

His answer here sparked a lot of discourse, as many felt this was a controversial take ... seeing how it's in the same vein as what Morgan Freeman once said about Black History Month and racism -- namely, the best way to get rid of it was to stop talking about it.

Welp, Idris heard all the chatter ... and decided to set the record straight on how he feels about his Black heritage. On Saturday, he wrote ... "There isn't a soul on this earth that can question whether I consider myself a BLACK MAN or not. Being an 'actor' is a profession, like being an 'architect' ,they are not defined by race."

He added, "However, If YOU define your work by your race, that is your Perogative. Ah lie?"

In other words, Idris is saying that he finds it counterproductive to describe everything a Black person does -- especially as it pertains to work -- with a racial qualifier. Good of him to clarify, because -- for a minute there -- there were some who felt he was falling into the O.J. Simpson category.

By that, we mean the Juice once allegedly saying he wasn't Black, but simply O.J. ... essentially trying to distance himself from his race, which was the subject of a Jay-Z song.

George Lopez Blasted for Putting Down Latino Comic ... Ralph Barbosa Laughs It Off

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George Lopez is getting dragged through the coals for what some say is him acting like a gate-keeping elitist in standup comedy -- this after kinda putting down a fellow Latino comic.

The legendary funny man was on a podcast this past week for the All Things Comedy network -- chatting with Steve Treviño and others ... and they were talking about George's legacy, especially as it pertains to paving the path for other Hispanic comedians.

Trevino said it was incumbent on the OGs of the biz -- like George -- to pass down the knowledge and assist up-and-comers in breaking through ... but GL disagreed on the way to go about that. He acknowledged he hadn't always been the most helpful, but noted he had shown the way ... arguing it was on others to chart their own path, the way he has.

Trevino pushed back, invoking Ralph Barbosa -- a young guy who's blowing up right now in standup -- and George almost immediately took issue with his name being mentioned.

George asked why Trevino was bringing RB up, suggesting he wasn't famous/worthy of getting roped into the convo. He then asked the room if it was messed up he was saying that ... but in the end, he stood his ground in writing Barbosa off as a relative nobody.

His takeaway point was ... look out for yourself. It would seem, in his mind, that means not talking about other comics or giving them a plug of any kind -- something Paul Rodriguez has alluded to when it comes to what he says is George's track record on this sort of thing.

A resurfaced clip of Paul telling a story about George is now making the rounds in the wake of this Barbosa snub ... and it paints an interesting picture. It would seem that even among George's contemporaries ... he's got a bad rep for not extending a helping hand to Latinos.

George would likely disagree with that characterization -- but he's also pretty clear in how he thinks he can best serve people, including Hispanics. A bootstrap approach, no doubt.

As for Ralph ... he's responded to all the chatter this has spawned, and a clip he reposted is quite telling. It's a scene from the movie 'Blood In, Blood Out' -- where Benjamin Bratt is getting grilled by his relative for turning his back on his own people.

IYKYK ...

Sam Smith & Kim Petras 'Unholy' Grammy Performance Triggers Outrage, FCC Complaints

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Sam Smith and Kim Petras have pissed off lots of viewers who filed complaints with CBS and the FCC over their "Unholy" Grammys performance.

TMZ has obtained 18 complaints filed with the Federal Communications Commission  ... and the flashpoint is Satan.

Many claimed the performance was textbook devil worship and were appalled by the imagery shown on TV ... with one adding, "I will be canceling my television service due to this." Seems a little extreme.

Some called the performance anti-Christian. One viewer postulated the song had the potential to "increase violence against Christians." Some took offense to the BDSM and adult images.

And there's more ... "It was wrought with evil imagery, and depicted DEVIL WORSHIPING ACOLYTES writhing around on the floor virtually naked, and in CAGES. It was broadcast on live television, and I cannot believe that CBS allowed it."

One parent was furious ... "The performance of Sam Smith had people being whipped and in a cage. My 15 year old son who is an aspiring musician was traumatized by it."

Politicians even got in the act, with Ted Cruz and Marjorie Taylor Greene finding the whole thing "evil" and "demonic."

David Harris, magister for the Church of Satan, found the performance lackluster, telling TMZ the whole thing wasn't anything to write home about -- ouch!

PGA Tour Star Tony Finau I'll Admit It ... I Miss Golfers Who Defected To LIV!!!

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MISSIN' MY GUYS

PGA Tour star Tony Finau ain't too proud to admit it -- he misses some of his golfing pals who defected to LIV ... telling TMZ Sports he hasn't been able to see his buddies in a long time due to the creation of the new league.

Finau told us he used to be super close with guys like Carlos Ortiz, Abraham Ancer and Brooks Koepka ... but when they all left the Tour, it put a serious strain on their friendships.

"Man," he said out in Arizona this week, "I haven't seen them in literally like a year."

He added that it all sucks.

Of course, Finau's had his opportunities to head over to LIV and join his bros ... but he's been against it.

The 33-year-old has said in the past he'd rather stay on the Tour and compete there for glory ... as opposed to chasing money in the Saudi-backed LIV.

So far, the choice to remain a PGA Tour golfer has gone pretty well for the guy -- he won three times in 2022 -- even if it's a little more lonely out on the course.

Jeffree Star Surprise, 'NFL Boo' Is Taylor Lewan ... We're Just Doing Podcast!!!

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Jeffree Star has finally revealed his "NFL Boo" ... and it's veteran offensive lineman Taylor Lewan ... but despite teasing a romantic relationship, it appears to be strictly business.

The cosmetic mogul has been teasing fans, and upsetting NFL wives and girlfriends, since the season ended ... hinting at a romance with a pro football player ... but ultimately, it's just been promotion for a podcast.

Jeffree and Taylor made the big reveal Friday, two days before the Super Bowl ... and Jeffree hopped on Taylor's podcast, "Bussin With The Boys," which the Tennessee Titans star hosts with former NFL player Will Compton.

In late January, after 28 of the 32 NFL teams had finished the season, Jeffree began making it look like he was seeing an NFL player ... first posting a picture holding someone's hand on a private jet and hinting he was off to Wyoming with his "#NFL boo."

The mystery continued a few days later, when Jeffree posted another picture concealing the man's identity, along with the caption ... "His team didn't make it to the #SuperBowl but he's 6'6 and plays perfect in the bedroom❤️."

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WORLDS COLLIDE

There was tons of speculation the last few weeks over who the man in the photos was ... and now we know ... but it's definitely a letdown for anyone who thought Jeffree was banging an NFL player.

Justin Bieber, Kodak Black Sued Over Shooting At After-Party ... During Super Bowl LVI Weekend

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Justin Bieber and Kodak Black are being dragged to court over a shooting that occurred following Justin's concert after-party during last year's Super Bowl weekend ... two men who claim they were struck by bullets are suing.

According to the lawsuit, obtained by TMZ, Mark Schaefer and Adam Rahman say they were shot and severely injured in the February 2022 shooting outside The Nice Guy in L.A. ... and they're blaming Justin, Kodak and the venue.

TMZ broke the story ... three people, including Kodak, were shot outside the party... and Kodak's camp says when he was leaving the venue someone in his crew got jumped by an unidentified assailant, with the rapper throwing himself into the mix to help his pal out before shots rang out.

In the docs, the alleged victims claim Kodak was a major catalyst in the shooting ... they say he was trying to cause harm and escalate the situation and they're laying the blame for the shooting squarely on his shoulders.

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FEET AWAY FROM THE SHOOTING

What's more, the alleged victims claim security at the venue was lax ... they say the security guards who were hired couldn't handle the job, and the venue, promoters and performers, therefore, bear some responsibility, too.

The alleged victims are going after Kodak, Justin, The Nice Guy, The Hwood Group and Revolve Group, plus the City of Los Angeles, the City of West Hollywood and Los Angeles County for damages ... and they're being repped by Gloria Allred.

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ANOTHER ANGLE OF THE SHOOTING

Kodak's attorney, Bradford Cohen, tells TMZ ... "I have seen a lot of bad complaints in my day. This is the most poorly drafted complaint I have seen in 26 years. I expect Kodak to be dismissed from this suit fairly quickly."

Cohen continues ... "There is zero specificity in the complaint and Ms. Allred groups the defendants all together instead of making specific allegations against each. It's law school 101. I am embarrassed for Ms. Allred that she actually signed her name to that complaint."

We also reached out to reps for Justin, The Nice Guy and The Hwood Group ... so far no word back.

Tom Brady Officially Files Retirement Papers ... It's Real This Time!!!

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Tom Brady is letting everyone know he's dead serious about retiring this time around ... officially submitting his retirement paperwork, seemingly closing the door on a comeback.

Brady doubled down on his February 1 retirement announcement Friday ... by sending an official retirement letter to the NFL and NFLPA, according to Adam Schefter.

Brady's formal letter to the league and the union should answer any questions surrounding the 45-year-old quarterback's future.

With TB12 officially gone from the NFL ... the 7x Super Bowl-winning quarterback is a lock for the Pro Football Hall of Fame once he's eligible in 2028.

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DONE FOR GOOD

Of course, Brady said he was "retiring for good" a couple weeks after the Cowboys defeated the Buccanneers, 31-14, at home in the wild card round of the playoffs.

"I know the process was a pretty big deal last time," Brady said during the big announcement ... "so when I woke up this morning I figured I'd just press record and let you guys know first."

Obviously, Tom has unretired once before (40 days into retirement), saying he was coming back because he had "unfinished business." This time, it appears the G.O.A.T. is done for good after 23 seasons in the NFL.

Brett Favre Sues Shannon Sharpe, Pat McAfee ... You Defamed Me!!

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Brett Favre is dragging Pat McAfee and Shannon Sharpe to court ... suing the ultra-popular sports analysts after he says they made comments about him that were false and defamatory.

Favre filed the lawsuits earlier this week in Mississippi -- naming state auditor Shad White as a defendant in one of the suits as well.

The Green Bay Packers legend claims in the suits all three defamed him when talking about his alleged role in a welfare funds scandal in Mississippi.

Favre said McAfee made some of the remarks on his podcast, alleging the former NFL punter said the ex-QB was "stealing from poor people in Mississippi."

The Hall of Famer claimed Sharpe muttered defamatory comments on his FS1 show -- when he said Sharpe called Favre a "sorry mofo to steal from the lowest of the low."

As for White, Favre says the Mississippi official has "shamelessly and falsely" attacked him for months "in a brazen attempt to leverage the media attention generated by Favre's celebrity to further his own political career."

FYI, White and his office were the ones who initially discovered the alleged misuse of welfare funds, claiming over $70 million intended to go toward the needy in Miss. actually went elsewhere -- including to Favre as well as projects closely associated with the Hall of Famer.

Favre, though, has denied any wrongdoing in the case ... insisting back in September, "I have done nothing wrong."

Favre is suing the trio for unspecified damages.

A spokesman for the State Auditor's office said Thursday in response to the suits that "everything Auditor White has said about this case is true and is backed by years of audit work by the professionals at the Office of the State Auditor."

McAfee tweeted a Dave Chappelle GIF in response to the suits. Sharpe, meanwhile, has yet to comment on it all.

NBA's Cam Thomas Fined $40K For Using Anti-Gay Phrase ... In Postgame Interview

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UPDATE

10:04 AM PT -- The NBA has just handed down its punishment for Cam Thomas -- fining the Nets guard $40,000 for the comment that it called "derogatory and disparaging."

Brooklyn Nets guard Cam Thomas used an anti-gay phrase during his postgame interview on Thursday night ... and hours later, he apologized for it -- saying he "definitely didn't intend to offend anyone."

Thomas muttered the expression while on the Barclays Center court speaking with a TNT reporter ... after the Nets had beaten the Chicago Bulls, 116-105.

The media member asked Thomas about comments that his new teammate, Spencer Dinwiddie, had said earlier this week about the Nets needing some help in the looks "department."

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BRINGING SOME ADDED VALUE

"I seen it," Thomas said of Dinwiddie's remarks. "But I was like, 'Man, he just talking.' We already had good-looking dudes."

The 21-year-old then added, "no homo."

The reporter was immediately caught off guard by Thomas' words ... saying, "Surely the league office will enjoy that one."

Thomas took to Twitter to issue a mea culpa a short time later.

"I was excited about the win and was being playful," Thomas said. "I definitely didn't intend to offend anyone, but realize that I probably did. My apologies again. Much love."

The NBA has yet to punish Thomas over the interview ... but the league has historically fined players in the past for homophobic comments. In fact, back in September, Timberwolves star Anthony Edwards was docked $40k for his previous use of anti-gay language.

Sarah Silverman Man Protests Old Blackface Skit ... Booted From Comedy Gig

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BOOTED FROM THE SHOW
UPDATE

9:30 AM PT -- A rep for Atlantic City PD tells us ... cops responded to the casino hotel after receiving a report of a disorderly man detained by security. Security guards allegedly told police Michael B. Jackson refused to leave the premises, so they decided to lodge a formal complaint. Cops say they issued a summons to Jackson for defiant trespassing. According to the cops, Jackson also complained of a medical issue and was taken to a local hospital for treatment.

Sarah Silverman's comedy show in New Jersey got ugly before it even started -- an elderly Black man was kicked out of the venue for protesting the infamous skit she did more than 15 years ago ... in blackface.

The demonstrator, 71-year-old Michael B. Jackson, says he bought a front-row ticket to Sarah's Feb. 4 show at the Ocean Resort Casino in Atlantic City ... and showed up in blackface. He says his intent was a peaceful protest, but it caused a huge issue.

Jackson says 20 minutes into Sarah's opening act, the comic ... Rory Albanese, decided to address him. He claims Rory incited the crowd, insulted and bullied him and asked security to toss him out of the show, despite him saying he did not want to be apart of the routine and sitting silently. Another source who was at the show claims he was heckling and was given a warning.

That's when a bunch of guards rolled up and told Jackson to move to a balcony seat. He refused to move, and pulled out his phone to record the interaction.

The video cuts out before things allegedly got physical -- Jackson claims he ended up in the hospital after being attacked by several security guards, who he says forcibly removed him from his seat, carried him to a back hallway, dropped him facedown on the floor and handcuffed him.

A rep for the casino tells TMZ ... Jackson only requested medical attention for anxiety after being evicted from the show, walking to his hotel room and coming back down to the lobby.

The casino says Jackson "presented himself as offensive" and they have the right to remove or relocate anyone from the property at any time. The statement went on, "Ocean prides itself with both a diverse workplace and customer base."

Jackson claims Sarah was behind it all ... he says she "had the security goons at the Ocean Resort Casino in AC attack me and rough me up" because he wore blackface to protest her 2007 skit.

Sarah wore blackface for a bit on her TV show, "The Sarah Silverman Program." Jackson says the skit is littered with racist comments against African Americans thinly disguised as jokes.

Jackson believes he was kicked out for "racially motivated reasons" and feared for his life and well-being at the time. He claims police were called and gave him a ticket for trespassing. A rep for the casino confirms officers escorted him from the building when he refused to leave, and that's why he got the ticket.

Bottom line for Jackson, "Sarah Silverman feels it okay for her to wear back face, but no one else."

Folks who were there say Sarah addressed the incident when she got onstage -- explaining he was protesting the skit from 2007 and letting the audience know she'd never do something like that today. We're told she also said if Jackson was still in the crowd she would've apologized to him for the skit.

We reached out to Sarah's camp ... so far no word back.

Originally Published -- 12:50 AM PT

Ice Cube Rips Billboard as BS ... Their Top Rappers List Ain't S***!!!

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According to Billboard, Ice Cube is the 18th greatest rapper of all time ... but the Don Mega doesn't have a f**k to give the publication!!!

We caught up with Cube at LAX, and he couldn't be more UNimpressed with his placement at #18 on the list ... dismissing Billboard's hip hop authority as a staff, chart and magazine!!!

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Billboard released the final rollout of its list on Thursday, ranking Jay-Z at #1 and featuring Eminem, Drake and Nicki Minaj amongst the top 10 ... but Cube still didn't care.

Cube dismissed the BB editors even further for snubbing his Mount Westmore bandmate Too $hort altogether -- while the rest of the group, Snoop Dogg and E-40, did make the rankings.

The N.W.A pioneer has never been one to bite his tongue when it comes to critics, and he told us all these silly lists "are like a**holes: they all got one and they all stink."

Cube says he'll stick to his own list. Check out the vid to see where he ranks himself!

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BURNING QUESTIONS