Court Throws Out Drake's Legal Case Over Kendrick Lamar's Not Like Us
A judge has thrown out Drake's defamation lawsuit targeting Universal Music Group concerning Kendrick Lamar’s song Not Like Us.
Presiding Judge the court’s judge decided that the rapper’s song lyrics, which claimed Drake and his crew of being "certified paedophiles", were "protected opinion" and cannot be deemed defamatory.
Drake filed the legal action in early this year, accusing UMG, the record label representing both artists, of defamatory conduct by permitting the song to be released and marketed, saying it spread a "false and malicious narrative".
The artist’s spokesperson said he intended to appeal the ruling. UMG said it was satisfied with the outcome and was eager to continuing its collaboration with the rapper.
Context of the Rap Battle
Not Like Us, which was initially released in May 2024, was widely seen as the decisive blow in an ongoing battle between the competing artists.
It has become the most successful track of Lamar's musical journey, having won multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl half-time show in February.
In a detailed ruling, the judge called the row between the artists "the most notorious hip-hop feud in the history of rap music".
"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the focus of extensive press coverage and digital debate," the court noted.
"Although the claim that plaintiff is a child predator is undoubtedly a serious one, the broader context of a intense musical rivalry, with provocative remarks and offensive accusations exchanged by each artist, would not lead the reasonable listener to believe that 'the track' conveys truthful statements about the claimant."
She additionally observed that, in an previous track, the artist had "dared Lamar to make the paedophilia accusations" that featured in the diss record.
On the song his own release, the rapper used the synthetic vocals of the late rapper to give Lamar advice on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the song suggested.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," stated the court.
"The parallel 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 Drake Graham, did not name his rival in the legal filing.
His lawyers accused UMG of initiating "a campaign to create 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 turn to vigilante justice in retaliation".
Ruling against the plaintiff, Judge Vargas said fans would not expect "accurate factual reporting" from a musical attack "filled with profanity, trash-talking, violent implications, and figurative and hyperbolic language."
She pointed out that the rapper himself had engaged in comparable rhetoric, quoting a line in which the artist "heavily" suggested that "Lamar is a spouse beater", and another where Drake "claims that he 'was told' that one of Lamar's children may not be biologically his."
Concerning Lamar's song, the court said: "Although seemingly factual claims may take on the nature of statements of opinion... when made in open discourse, heated labour dispute, or other circumstances in which an listener may anticipate the use of slurs, fiery rhetoric or exaggeration."
Responding to the rejection, a label representative said: "From the beginning, this lawsuit was an affront to all artists and their creative expression and should not have seen the light of day."
"We are satisfied with the court's dismissal and look forward to resuming our work successfully marketing Drake's music and supporting his career," the spokesperson continued.
A spokesperson for Drake said the rapper planned to appeal the decision, "and we look forward to the Court of Appeals examining it".
Kendrick Lamar has not yet issue a statement on the case.