Court Throws Out Drake's Lawsuit Over Kendrick Lamar's Not Like Us
A court official has rejected the rapper Drake’s defamation lawsuit against Universal Music Group concerning Kendrick Lamar's song Not Like Us.
Judge Jeannette Vargas ruled that the rapper’s song lyrics, which accused Drake and his crew of being "pedophiles", were "protected opinion" and cannot be deemed libelous.
Drake filed the legal action in January, accusing Universal Music Group, the record label behind the two rappers, of defamation by allowing the song to be published and promoted, saying it spread a "untrue and harmful story".
The artist’s representative stated he planned to appeal the ruling. UMG said it was satisfied with the result and was looking forward to resuming its work with the musician.
Background of the Rap Battle
Not Like Us, which was initially released in spring 2024, was widely seen as the final strike in an continuing feud between the rival rappers.
It has become the biggest hit 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, the judge called the row between the artists "the most notorious hip-hop feud in the genre's history".
"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the subject of extensive press coverage and online discourse," the court noted.
"Although the claim that Drake is a pedophile is undoubtedly a grave allegation, the wider backdrop of a heated rap battle, with provocative remarks and offensive accusations hurled by both participants, would not lead the average audience to believe that 'Not Like Us' conveys verifiable facts about the claimant."
She also noted that, in an previous track, the artist had "challenged his rival to make the paedophilia accusations" that appeared in Not Like Us.
On the song Taylor Made Freestyle, the rapper used the AI-generated voice of the late rapper to suggest strategies on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the song suggested.
"Against this backdrop in which such lines as 'Say, Drake, I hear you like 'em young' must be assessed," wrote Judge Vargas.
"The parallel 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 legal name is Aubrey Graham, did not name his rival in the legal filing.
His lawyers alleged the label of initiating "a campaign to generate a popular song" out of a release 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".
Deciding against Drake, Judge Vargas said fans would not expect "accurate factual reporting" from a diss track "replete with profanity, insults, violent implications, and exaggerated statements."
She pointed out that Drake himself had engaged in comparable rhetoric, quoting a line in which the artist "strongly" suggested that "his opponent is a spouse beater", and a separate instance where he "raps that he 'was told' that one of his rival’s children may not be his biological offspring."
Concerning Lamar's song, the court said: "Although apparent statements of fact may assume the character of subjective views... when made in public debate, heated labour dispute, or other circumstances in which an audience may expect the use of epithets, fiery rhetoric or exaggeration."
Reacting to the dismissal, a UMG spokesperson said: "From the beginning, this case was an affront to all artists and their creative expression and should not have been filed."
"We are satisfied with the court's dismissal and are eager to continuing our partnership effectively promoting the artist’s work and investing in his artistic path," the representative continued.
A representative for Drake said the artist planned to appeal the ruling, "and we look forward to the Court of Appeals examining it".
Kendrick Lamar has not yet issue a statement on the legal matter.