Judge Dismisses Drake's Lawsuit Regarding Kendrick Lamar’s Hit Diss Track
A judge has rejected Drake's legal claim against Universal Music Group concerning Kendrick Lamar’s track Not Like Us.
Judge the court’s judge determined that the rapper’s lyrics, which accused Drake and his associates of being "certified paedophiles", were "protected opinion" and could not be deemed libelous.
Drake filed the lawsuit in early this year, accusing UMG, the music company representing the two rappers, of defamatory conduct by allowing the track to be published and promoted, stating it spread a "false and malicious narrative".
The artist’s spokesperson stated he intended to appeal the ruling. UMG expressed it was pleased with the result and was looking forward to resuming its work with the rapper.
Context 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 competing artists.
It has become the most successful track of the rapper’s career, having received multiple Grammy awards and being one of the most-talked about highlights of his Super Bowl half-time show in February.
In a 38-page order, Judge Vargas called the dispute between the rappers "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 online discourse," the judge noted.
"Although the accusation that Drake is a child predator is undoubtedly a serious one, the broader context of a heated rap battle, with incendiary language and insulting claims hurled by both participants, would not lead the average audience to believe that 'the track' conveys truthful statements about the claimant."
She also noted that, in an previous track, the artist had "dared his rival to make the paedophilia accusations" that featured in the diss record.
On the song his own release, the rapper used the AI-generated voice of the late rapper to suggest strategies 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 lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," stated Judge Vargas.
"The parallel in the phrasing suggests strongly that this line is a direct callback to the artist’s own words in the earlier release."
'An Affront to Artists'
The musician, whose real name is Aubrey Drake Graham, did not name his rival in the legal filing.
His lawyers alleged the label of launching "an effort to create a popular song" out of a track that made the "false factual allegation that Drake is a criminal paedophile, and to imply that the audience should resort to vigilante justice in response".
Deciding against the plaintiff, Judge Vargas said listeners would not expect "truthful accounts" from a diss track "replete with vulgar language, insults, violent implications, and exaggerated statements."
She highlighted that Drake himself had engaged in similar language, quoting a lyric in which the artist "heavily" suggested that "his opponent 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."
Concerning the track in question, the court said: "Even apparent statements of fact may assume the character of statements of opinion... when made in public debate, intense arguments, or other circumstances in which an audience may anticipate the use of slurs, passionate language or exaggeration."
Reacting to the dismissal, a label representative 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 court's dismissal and are eager to resuming our work successfully promoting Drake's music and supporting his artistic path," the spokesperson added.
A representative for the musician said the artist planned to appeal the decision, "and we look forward to the Court of Appeals reviewing it".
Kendrick Lamar has yet to issue a statement on the case.