Court Throws Out Drake's Legal Case Over Kendrick Lamar's Not Like Us
A court official has dismissed Drake's legal claim targeting the music corporation concerning Kendrick Lamar's song the diss record.
Presiding Judge Jeannette Vargas decided that Lamar's song lyrics, which claimed the artist and his associates of being "pedophiles", were "nonactionable opinion" and could not be deemed defamatory.
Drake submitted the lawsuit in January, claiming Universal Music Group, the music company representing the two rappers, of defamatory conduct by permitting the song to be published and promoted, saying it spread a "untrue and harmful story".
The artist’s spokesperson stated he intended to appeal the ruling. Universal Music Group expressed it was pleased with the outcome and was eager to continuing its work with the rapper.
Background of the Rap Battle
Not Like Us, which was first dropped in spring 2024, was widely seen as the final strike in an ongoing battle between the rival rappers.
It has become the biggest hit of Lamar's career, having received multiple Grammy awards and being one of the most-talked about highlights of his Super Bowl performance in February.
In a 38-page order, Judge Vargas 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 'verbal conflict' that was the subject of substantial media scrutiny and online discourse," the court noted.
"While the accusation that plaintiff is a child predator is certainly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and offensive accusations exchanged by both participants, would not lead the average audience to believe that 'Not Like Us' conveys truthful statements about the claimant."
She additionally observed that, in an earlier song, the artist had "challenged Lamar to make the paedophilia accusations" that appeared in Not Like Us.
On the track his own release, Drake 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 lines as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The similarity in the phrasing strongly indicates that this line is a direct callback to the artist’s own words in the prior song."
'An Affront to Artists'
The musician, whose real name is Aubrey Graham, did not sue his rival in the lawsuit.
His lawyers alleged UMG of initiating "an effort to create a viral hit" out of a release that made the "false factual allegation that the artist is a criminal paedophile, and to suggest that the public should turn to extra-legal action in response".
Ruling against Drake, 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 artist "heavily" implied that "Lamar is a domestic abuser", and a separate instance where Drake "claims that he 'heard' that one of Lamar's sons may not be his biological offspring."
Regarding the track in question, Judge Vargas said: "Although apparent statements of fact may take on the nature of subjective views... when made in public debate, heated labour dispute, or other circumstances in which an listener may anticipate the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a UMG spokesperson said: "From the outset, this lawsuit was an insult to all artists and their artistic freedom and never should have been filed."
"We are satisfied with the judge’s ruling and are eager to continuing our work successfully marketing the artist’s work and investing in his artistic path," the spokesperson added.
A representative for the musician said the rapper intended to contest the ruling, "and we look forward to the Court of Appeals examining it".
Kendrick Lamar has not yet issue a statement on the case.