Judge Throws Out Drake's Legal Case Regarding Kendrick Lamar's Not Like Us
A court official has dismissed the rapper Drake’s defamation lawsuit against the music corporation over Kendrick Lamar's song the diss record.
Judge the court’s judge determined that the rapper’s lyrics, which accused Drake and his associates of being "pedophiles", were "nonactionable opinion" and cannot be deemed libelous.
The Canadian rapper submitted the lawsuit in January, accusing Universal Music Group, the music company representing both artists, of defamation by allowing the track to be released and marketed, stating it spread a "untrue and harmful story".
The artist’s representative said he planned to appeal the decision. Universal Music Group expressed it was pleased with the result and was looking forward to continuing its work with the rapper.
Context of the Hip-Hop Feud
Not Like Us, which was initially released in May 2024, was broadly viewed as the final strike in an continuing feud between the competing artists.
It has emerged as the most successful track of Lamar's musical journey, having won five Grammys and being one of the most-talked about moments of his Super Bowl half-time show in February.
In a detailed ruling, Judge Vargas called the row between the artists "the most infamous rap battle in the genre's history".
"The artists' seven-track rap battle was a 'war of words' that was the subject of substantial media scrutiny and digital debate," the court wrote.
"While the accusation that plaintiff is a pedophile is undoubtedly a grave allegation, the wider backdrop of a intense musical rivalry, with incendiary language and offensive accusations exchanged by each artist, would not incline the reasonable listener to believe that 'the track' conveys truthful statements about plaintiff."
She also noted that, in an previous track, Drake had "challenged his rival to make the pedophile claims" that featured in Not Like Us.
On the song his own release, Drake used the synthetic vocals of the late rapper to give Lamar advice on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the track proposed.
"Against this backdrop in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote Judge Vargas.
"The parallel in the phrasing suggests strongly that this lyric is a clear reference to Drake's lyrics in the earlier release."
'A Slap in the Face to Creatives'
The musician, whose real name is Aubrey Drake Graham, did not name Lamar in the legal filing.
His legal team accused the label of initiating "a campaign to generate a viral hit" out of a track that made the "false factual allegation that Drake is a convicted predator, and to imply that the public should turn to extra-legal action in response".
Ruling against the plaintiff, Judge Vargas said fans would not expect "accurate factual reporting" from a diss track "replete with profanity, insults, threats of violence, and exaggerated statements."
She highlighted that the rapper himself had used similar language, quoting a line in which the star "strongly" implied that "Lamar is a spouse beater", and another where he "claims that he 'was told' that one of his rival’s children may not be his biological offspring."
Concerning the track in question, the court said: "Even apparent statements of fact may take on the nature of subjective views... when made in open discourse, heated labour dispute, or similar situations in which an listener may anticipate the use of slurs, passionate language or hyperbole."
Responding to the dismissal, a UMG spokesperson said: "From the beginning, this case was an affront to all artists and their creative expression and never should have been filed."
"We're pleased with the judge’s ruling and look forward to resuming our partnership effectively marketing Drake's music and supporting his career," the representative continued.
A spokesperson for Drake said the artist intended to appeal the decision, "and we await the appellate court reviewing it".
Lamar has yet to comment on the case.