Judge Dismisses Drake's Legal Case Regarding Kendrick Lamar’s Hit Not Like Us
A judge has dismissed Drake's defamation lawsuit targeting the music corporation over Kendrick Lamar’s song the diss record.
Judge Jeannette Vargas ruled that Lamar's lyrics, which accused the artist and his crew of being "certified paedophiles", were "protected opinion" and could not be deemed defamatory.
The Canadian rapper submitted the lawsuit in early this year, accusing Universal Music Group, the record label representing the two rappers, of defamatory conduct by allowing the song to be published and marketed, saying it disseminated a "false and malicious narrative".
The artist’s spokesperson said he intended to appeal the ruling. UMG expressed it was pleased with the outcome and was looking forward to resuming its collaboration with the musician.
Background of the Rap Battle
Not Like Us, which was initially released in May 2024, was widely seen as the final strike in an ongoing battle between the rival rappers.
It has emerged as the most successful track of Lamar'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 38-page order, Judge Vargas called the row between the artists "the most infamous rap battle in the history of rap music".
"Both rappers’ seven-track rap battle was a 'war of words' that was the subject of substantial media scrutiny and online discourse," the judge wrote.
"While the claim that Drake is a child predator is certainly a grave allegation, the wider backdrop of a heated rap battle, with provocative remarks and insulting claims hurled by both participants, would not incline the reasonable listener to believe that 'Not Like Us' imparts verifiable facts about plaintiff."
She also noted that, in an earlier song, the artist had "challenged Lamar to make the paedophilia accusations" that featured in Not Like Us.
On the track his own release, Drake used the synthetic vocals of the late rapper to give Lamar advice on how to prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The similarity in the phrasing suggests strongly that this lyric is a direct callback to Drake's lyrics in the earlier release."
'An Affront to Artists'
Drake, whose legal name is Aubrey Graham, did not sue his rival in the lawsuit.
His legal team accused UMG of initiating "an effort to create a popular song" out of a track that made the "false factual allegation that the artist is a convicted predator, and to imply that the audience should turn to extra-legal action in retaliation".
Deciding against Drake, Judge Vargas said fans would not expect "accurate factual reporting" from a musical attack "filled with profanity, insults, threats of violence, and figurative and hyperbolic language."
She highlighted that the rapper himself had engaged in comparable rhetoric, referencing a line in which the artist "heavily" suggested that "Lamar is a spouse beater", and another where Drake "raps that he 'heard' that one of his rival’s sons may not be his biological offspring."
Concerning Lamar's song, Judge Vargas said: "Although seemingly factual claims 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 exaggeration."
Responding to the dismissal, a label spokesperson said: "From the outset, this case was an affront to every creative and their artistic freedom and should not have seen the light of day."
"We are satisfied with the judge’s ruling and are eager to resuming our work effectively promoting Drake's music and supporting his career," the representative continued.
A representative for Drake said the artist intended to appeal the ruling, "and we look forward to the appellate court reviewing it".
Kendrick Lamar has not yet issue a statement on the legal matter.