Judge Dismisses Rapper Drake's Lawsuit Regarding Kendrick Lamar’s Hit Not Like Us
A judge has thrown out Drake's defamation lawsuit targeting the music corporation concerning Kendrick Lamar’s song Not Like Us.
Presiding Judge the court’s judge decided that the rapper’s lyrics, which accused Drake and his associates of being "pedophiles", were "nonactionable opinion" and could not be deemed defamatory.
Drake submitted the legal action in January, claiming UMG, the record label behind the two rappers, of defamatory conduct by allowing the track to be released and promoted, stating it spread a "false and malicious narrative".
The artist’s representative said he planned to challenge the ruling. Universal Music Group said it was pleased with the outcome and was looking forward to resuming its collaboration 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 become the most successful track of Lamar's musical journey, having received multiple Grammy awards and being one of the most-discussed moments of his Super Bowl performance in February.
In a detailed ruling, the judge called the dispute between the rappers "the most infamous rap battle in the genre's history".
"Both rappers’ series of diss tracks was a 'verbal conflict' that was the subject of extensive press coverage and digital debate," the judge wrote.
"Although the accusation that Drake is a child predator is certainly a grave allegation, the broader context of a heated rap battle, with incendiary language and insulting claims exchanged by both participants, would not incline the reasonable listener to believe that 'the track' imparts truthful statements about the claimant."
She also noted that, in an earlier song, the artist had "dared Lamar to make the pedophile claims" that appeared 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.
"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 Drake's lyrics in the prior song."
'An Affront to Artists'
Drake, whose legal name is Aubrey Graham, did not sue Lamar in the lawsuit.
His legal team alleged the label of launching "an effort to generate a popular song" out of a release that made the "untrue claim that Drake is a criminal paedophile, and to suggest that the public should turn to extra-legal action in response".
Deciding against Drake, Judge Vargas said listeners would not expect "accurate factual reporting" from a diss track "replete with profanity, insults, violent implications, and exaggerated statements."
She highlighted that Drake himself had engaged in similar language, referencing a line in which the artist "strongly" suggested that "Lamar is a spouse beater", and another where Drake "claims that he 'was told' that one of his rival’s children may not be biologically his."
Concerning Lamar's song, Judge Vargas said: "Even apparent statements of fact may assume the character of statements of opinion... when made in open discourse, intense arguments, or similar situations in which an audience may anticipate the use of slurs, fiery rhetoric or hyperbole."
Responding to the rejection, a label representative said: "From the beginning, this lawsuit was an affront to every creative and their creative expression and never should have seen the light of day."
"We're pleased with the judge’s ruling and are eager to continuing our partnership successfully marketing the artist’s work and investing in his artistic path," the representative continued.
A representative for Drake said the rapper intended to appeal the ruling, "and we look forward to the appellate court examining it".
Lamar has not yet issue a statement on the legal matter.