Court Dismisses Drake's Legal Case Over Kendrick Lamar’s Hit Not Like Us
A judge has dismissed the rapper Drake’s defamation lawsuit against Universal Music Group over Kendrick Lamar's song Not Like Us.
Presiding Judge Jeannette Vargas determined that the rapper’s song lyrics, which accused the artist and his associates of being "pedophiles", were "nonactionable opinion" and cannot be considered libelous.
The Canadian rapper filed the legal action in January, claiming UMG, the record label behind the two rappers, of defamatory conduct by allowing the track to be published and promoted, stating it spread a "false and malicious narrative".
Drake's representative stated he intended to challenge the decision. UMG expressed it was satisfied with the outcome and was looking forward to resuming its collaboration with the rapper.
Context of the Rap Battle
The diss song, which was initially released in spring 2024, was widely seen as the decisive blow in an ongoing battle between the rival rappers.
It has emerged as the most successful track of Lamar's musical journey, having received multiple Grammy awards and being one of the most-talked about moments of his Super Bowl performance in February.
In a 38-page order, the judge called the row between the rappers "the most notorious hip-hop feud in the history of rap music".
"Both rappers’ seven-track rap battle was a 'war of words' that was the subject of extensive press coverage and digital debate," the judge noted.
"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 hurled by both participants, would not incline the reasonable listener to believe that 'Not Like Us' conveys verifiable facts about plaintiff."
She also noted that, in an previous track, Drake had "challenged his rival to make the pedophile claims" that appeared in the diss record.
On the song Taylor Made Freestyle, the rapper used the AI-generated voice of Tupac Shakur to give Lamar advice on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the song suggested.
"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 wording suggests strongly that this line is a direct callback to Drake's lyrics in the earlier release."
'An Affront to Artists'
Drake, whose real name is Aubrey Drake Graham, did not name his rival in the lawsuit.
His legal team accused the label of launching "an effort to generate a popular song" out of a track that made the "untrue claim that the artist is a convicted predator, and to imply that the public should resort to extra-legal action in retaliation".
Deciding against the plaintiff, Judge Vargas said fans would not expect "truthful accounts" from a diss track "replete with profanity, insults, violent implications, and exaggerated statements."
She pointed out that the rapper himself had used comparable rhetoric, referencing a lyric in which the star "strongly" suggested that "his opponent is a domestic abuser", and a separate instance where Drake "claims that he 'was told' that one of Lamar's children may not be biologically his."
Regarding Lamar's song, the court said: "Even seemingly factual claims may assume the character of subjective views... when made in open discourse, intense arguments, or other circumstances in which an audience may expect the use of epithets, fiery rhetoric or hyperbole."
Reacting to the rejection, a UMG spokesperson said: "From the beginning, this case was an affront to every creative and their artistic freedom and never should have seen the light of day."
"We are satisfied with the court's dismissal and are eager to continuing our work successfully marketing the artist’s work and supporting his artistic path," the representative continued.
A spokesperson for Drake said the rapper intended to appeal the ruling, "and we await the Court of Appeals examining it".
Lamar has not yet issue a statement on the case.