Court Throws Out Rapper Drake's Lawsuit Over Kendrick Lamar's Not Like Us
A judge has rejected the rapper Drake’s legal claim against Universal Music Group over Kendrick Lamar's track Not Like Us.
Judge the court’s judge decided that Lamar's song lyrics, which claimed Drake and his associates of being "certified paedophiles", were "nonactionable opinion" and could not be deemed libelous.
The Canadian rapper filed the legal action in January, claiming UMG, the record label representing the two rappers, of defamation by allowing the track to be released and marketed, saying it spread a "false and malicious narrative".
The artist’s representative said he planned to appeal the ruling. UMG expressed it was satisfied with the outcome and was eager to continuing its collaboration with the musician.
Context of the Rap Battle
Not Like Us, which was initially released in spring 2024, was widely seen as the final strike in an ongoing battle between the rival rappers.
It has emerged as the biggest hit of the rapper’s career, having received multiple Grammy awards and being one of the most-discussed moments of his Super Bowl half-time show in February.
In a detailed ruling, Judge Vargas called the row between the rappers "the most notorious hip-hop feud in the genre's history".
"Both rappers’ seven-track rap battle was a 'war of words' that was the focus of substantial media scrutiny and online discourse," the court noted.
"Although the accusation that Drake is a pedophile is certainly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and offensive accusations exchanged by each artist, would not lead the reasonable listener to believe that 'Not Like Us' conveys verifiable facts about plaintiff."
She also noted that, in an previous track, Drake had "dared Lamar to make the paedophilia accusations" that featured in Not Like Us.
On the song Taylor Made Freestyle, 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 proposed.
"Against this backdrop in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote the court.
"The parallel in the wording strongly indicates that this lyric is a direct callback to Drake's lyrics in the prior song."
'An Affront to Artists'
The musician, whose real name is Aubrey Drake Graham, did not sue his rival in the lawsuit.
His lawyers alleged UMG of launching "an effort to create a viral hit" out of a track that made the "untrue claim that Drake is a convicted predator, and to imply that the public should resort to vigilante justice in response".
Ruling against the plaintiff, Judge Vargas said listeners would not expect "accurate factual reporting" from a diss track "filled with vulgar language, trash-talking, threats of violence, and figurative and hyperbolic language."
She highlighted that Drake himself had used similar language, quoting a line in which the artist "heavily" implied that "Lamar is a spouse beater", and another where he "claims that he 'was told' that one of Lamar's children may not be his biological offspring."
Concerning Lamar's song, Judge Vargas said: "Even apparent statements of fact may assume the character of subjective views... when made in public debate, intense arguments, or similar situations in which an audience may anticipate the use of slurs, fiery rhetoric or hyperbole."
Reacting to the rejection, a UMG representative said: "From the outset, this case was an insult to every creative and their creative expression and should not have been filed."
"We are satisfied with the judge’s ruling and are eager to resuming our work effectively marketing the artist’s work and investing in his career," the representative continued.
A spokesperson for the musician said the artist planned to appeal the ruling, "and we look forward to the appellate court examining it".
Kendrick Lamar has not yet comment on the case.