Judge Throws Out Rapper Drake's Lawsuit Over Kendrick Lamar’s Hit Not Like Us
A court official has dismissed Drake's defamation lawsuit targeting the music corporation over Kendrick Lamar’s song Not Like Us.
Presiding Judge Jeannette Vargas ruled that the rapper’s song lyrics, which claimed Drake and his associates of being "pedophiles", were "protected opinion" and cannot be considered defamatory.
The Canadian rapper submitted the lawsuit in early this year, accusing Universal Music Group, the music company behind the two rappers, of defamation by permitting the song to be published and marketed, stating it disseminated a "untrue and harmful story".
Drake's spokesperson said he intended to appeal the ruling. UMG said it was pleased with the outcome and was eager to resuming its work with the rapper.
Background of the Rap Battle
The diss song, which was initially released in spring 2024, was broadly viewed as the final strike in an ongoing battle between the rival rappers.
It has become the biggest hit of the rapper’s career, having received multiple Grammy awards and being one of the most-discussed moments of his Super Bowl half-time show 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 extensive press coverage and digital debate," the court noted.
"While the claim that Drake is a child predator is undoubtedly a grave allegation, the broader context of a heated rap battle, with incendiary language and insulting claims exchanged by both participants, would not lead the average audience to believe that 'Not Like Us' conveys verifiable facts about plaintiff."
She additionally observed that, in an previous track, Drake had "dared Lamar to make the pedophile claims" that featured in Not Like Us.
On the track Taylor Made Freestyle, Drake used the AI-generated voice 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 lines as 'Say, Drake, I hear you like 'em young' must be evaluated," stated the court.
"The similarity in the wording strongly indicates that this lyric is a direct callback to the artist’s own words in the prior song."
'An Affront to Artists'
Drake, whose real name is Aubrey Graham, did not name Lamar in the lawsuit.
His legal team alleged UMG of launching "an effort to generate a viral hit" out of a release that made the "false factual allegation that Drake is a criminal paedophile, and to imply that the public should resort to extra-legal action in response".
Deciding against Drake, the judge said fans would not expect "accurate factual reporting" from a diss track "filled with profanity, insults, threats of violence, and figurative and hyperbolic language."
She pointed out that the rapper himself had used similar language, referencing a line in which the artist "heavily" implied that "his opponent is a domestic abuser", and a separate instance where he "claims that he 'was told' that one of his rival’s sons may not be his biological offspring."
Concerning the track in question, the court said: "Although apparent statements of fact may take on the nature of statements of opinion... when made in public debate, heated labour dispute, or other circumstances in which an listener may expect the use of slurs, passionate language or exaggeration."
Responding to the dismissal, a label representative said: "From the beginning, this case was an insult to every creative and their artistic freedom and never should have seen the light of day."
"We're pleased with the judge’s ruling and look forward to continuing our work successfully marketing the artist’s work and supporting his artistic path," the spokesperson continued.
A spokesperson for Drake said the rapper intended to appeal the decision, "and we look forward to the Court of Appeals examining it".
Lamar has yet to comment on the legal matter.