Judge Throws Out Drake's Legal Case Over Kendrick Lamar’s Hit Not Like Us
A court official has dismissed the rapper Drake’s defamation lawsuit against Universal Music Group over Kendrick Lamar’s song Not Like Us.
Judge the court’s judge decided that Lamar's song lyrics, which claimed the artist and his crew of being "pedophiles", were "nonactionable opinion" and could not be considered libelous.
The Canadian rapper filed the lawsuit in January, accusing Universal Music Group, the record label behind both artists, of defamatory conduct by allowing the song to be published and marketed, saying it disseminated a "untrue and harmful story".
The artist’s representative said he planned to challenge the ruling. Universal Music Group expressed it was satisfied with the result and was eager to resuming its collaboration with the musician.
Background of the Rap Battle
The diss song, which was initially released in spring 2024, was widely seen as the decisive blow in an continuing feud between the rival rappers.
It has become the most successful track of the rapper’s career, having won five Grammys and being one of the most-discussed highlights of his Super Bowl performance in February.
In a 38-page order, the judge called the dispute between the artists "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 judge wrote.
"While the claim that plaintiff is a child predator is undoubtedly a serious one, the wider backdrop of a intense musical rivalry, with provocative remarks and insulting claims exchanged by each artist, would not incline the average audience to believe that 'Not Like Us' conveys verifiable facts about plaintiff."
She also noted that, in an previous track, the artist had "dared his rival to make the paedophilia accusations" that featured in the diss record.
On the track Taylor Made Freestyle, the rapper used the synthetic vocals of Tupac Shakur to suggest strategies on how to prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the song proposed.
"It is in this context in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated the court.
"The similarity in the phrasing suggests strongly that this line is a clear reference to Drake's lyrics in the prior song."
'A Slap in the Face to Creatives'
The musician, whose legal name is Aubrey Drake Graham, did not name Lamar in the legal filing.
His legal team alleged the label of initiating "a campaign to create a viral hit" out of a release that made the "untrue claim that Drake is a criminal paedophile, and to imply that the public should resort to vigilante justice in retaliation".
Deciding against Drake, Judge Vargas said fans would not expect "truthful accounts" from a diss track "filled with vulgar language, trash-talking, threats of violence, and figurative and hyperbolic language."
She highlighted that Drake himself had engaged in similar language, referencing a line in which the star "strongly" suggested that "Lamar is a spouse beater", and another where Drake "raps that he 'heard' that one of Lamar's children may not be his biological offspring."
Concerning the track in question, Judge Vargas said: "Even seemingly factual claims may assume the character of statements of opinion... when made in open discourse, heated labour dispute, or similar situations in which an audience may anticipate the use of slurs, fiery rhetoric or hyperbole."
Responding to the rejection, a label representative said: "From the beginning, this case was an insult 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 work successfully marketing Drake's music and investing in his career," the spokesperson added.
A representative for Drake said the artist planned to appeal the ruling, "and we look forward to the Court of Appeals examining it".
Lamar has not yet comment on the case.