Judge Throws Out Drake's Legal Case Over Kendrick Lamar's Not Like Us
A court official has rejected Drake's defamation lawsuit against the music corporation concerning Kendrick Lamar's song Not Like Us.
Judge the court’s judge ruled that Lamar's song lyrics, which claimed the artist and his associates of being "pedophiles", were "nonactionable opinion" and cannot be deemed defamatory.
Drake submitted the lawsuit in early this year, accusing Universal Music Group, the record label representing the two rappers, of defamatory conduct by allowing the song to be released and marketed, saying it disseminated a "untrue and harmful story".
The artist’s spokesperson said he planned to challenge the decision. UMG said it was pleased with the result and was eager to resuming its collaboration with the musician.
Background of the Rap Battle
The diss song, which was first dropped in spring 2024, was widely seen as the decisive blow in an ongoing battle between the competing artists.
It has emerged as the biggest hit of the rapper’s musical journey, having received multiple Grammy awards and being one of the most-talked about highlights of his Super Bowl half-time show in February.
In a 38-page order, Judge Vargas called the dispute between the rappers "the most notorious hip-hop feud in the genre's history".
"The artists' seven-track rap battle was a 'war of words' that was the focus of substantial media scrutiny and online discourse," the court noted.
"Although the claim that plaintiff is a pedophile is undoubtedly a grave allegation, the broader context of a heated rap battle, with provocative remarks and offensive accusations hurled by both participants, would not incline the average audience to believe that 'Not Like Us' conveys verifiable facts about plaintiff."
She additionally observed that, in an earlier song, Drake had "challenged his rival to make the paedophilia accusations" that featured in Not Like Us.
On the song Taylor Made Freestyle, Drake used the AI-generated voice of Tupac Shakur to suggest strategies on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated Judge Vargas.
"The similarity in the wording strongly indicates that this lyric is a direct callback to the artist’s own words in the earlier release."
'A Slap in the Face to Creatives'
Drake, whose legal name is Aubrey Graham, did not name his rival in the lawsuit.
His legal team alleged UMG of initiating "an effort to create a viral hit" out of a release that made the "false factual allegation that the artist is a criminal paedophile, and to imply that the audience should turn to vigilante justice in response".
Deciding against the plaintiff, the judge said listeners would not expect "accurate factual reporting" from a musical attack "filled with profanity, trash-talking, threats of violence, and exaggerated statements."
She highlighted that Drake himself had used similar language, quoting a line in which the artist "heavily" suggested that "Lamar is a spouse beater", and another where he "raps that he 'was told' that one of his rival’s children may not be his biological offspring."
Concerning the track in question, Judge Vargas said: "Even apparent statements of fact may assume the character of subjective views... when made in public debate, intense arguments, or similar situations in which an audience may anticipate the use of slurs, fiery rhetoric or exaggeration."
Responding to the rejection, a label representative said: "From the outset, this case was an affront to all artists and their artistic freedom and should not have been filed."
"We're pleased with the court's dismissal and are eager to resuming our partnership effectively marketing Drake's music and investing in his artistic path," the representative continued.
A representative for Drake said the artist planned to contest the ruling, "and we await the appellate court examining it".
Kendrick Lamar has yet to comment on the case.