Judge Throws Out Rapper Drake's Lawsuit Over Kendrick Lamar's Not Like Us
A judge has thrown out the rapper Drake’s defamation lawsuit targeting the music corporation concerning Kendrick Lamar’s track Not Like Us.
Judge the court’s judge ruled that Lamar's lyrics, which claimed the artist and his associates of being "pedophiles", were "protected opinion" and could not be deemed defamatory.
The Canadian rapper filed the lawsuit in January, claiming UMG, the record label representing the two rappers, of defamatory conduct by permitting the track to be published and marketed, saying it disseminated a "false and malicious narrative".
The artist’s representative stated he intended to appeal the ruling. Universal Music Group said it was satisfied with the outcome and was eager to continuing its collaboration with the musician.
Background of the Rap Battle
The diss song, which was first dropped in spring 2024, was broadly viewed as the decisive blow in an continuing feud between the rival rappers.
It has become the most successful track of the rapper’s career, having received five Grammys and being one of the most-discussed highlights of his Super Bowl performance in February.
In a 38-page order, Judge Vargas called the dispute between the artists "the most infamous rap battle in the genre's history".
"The artists' series of diss tracks was a 'war of words' that was the focus of substantial media scrutiny and digital debate," the court wrote.
"Although the accusation that plaintiff is a child predator is certainly a grave allegation, the wider backdrop of a intense musical rivalry, with incendiary language and insulting claims exchanged by both participants, would not lead the average audience to believe that 'the track' conveys truthful statements about plaintiff."
She also noted that, in an previous track, Drake had "challenged his rival to make the paedophilia accusations" that featured in Not Like Us.
On the track 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 suggested.
"Against this backdrop in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The parallel in the wording 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 legal name is Aubrey Drake Graham, did not name Lamar in the legal filing.
His lawyers accused the label of launching "an effort to generate a popular song" out of a release that made the "false factual allegation that Drake is a criminal paedophile, and to imply that the public should resort to vigilante justice in response".
Deciding against the plaintiff, the judge said listeners would not expect "accurate factual reporting" from a musical attack "replete with profanity, insults, violent implications, and figurative and hyperbolic language."
She highlighted that the rapper himself had engaged in comparable rhetoric, referencing a line in which the artist "strongly" implied that "Lamar is a domestic abuser", and a separate instance where he "raps that he 'heard' that one of Lamar's children may not be biologically his."
Concerning the track in question, 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 listener may expect the use of epithets, passionate language or hyperbole."
Reacting to the rejection, a UMG representative said: "From the beginning, this lawsuit was an insult to every creative and their creative expression and never should have been filed."
"We are satisfied with the court's dismissal and are eager to resuming our partnership effectively promoting the artist’s work and supporting his artistic path," the spokesperson continued.
A spokesperson for the musician said the rapper planned to appeal the ruling, "and we await the Court of Appeals examining it".
Lamar has yet to comment on the case.