Judge Dismisses Drake's Lawsuit Regarding Kendrick Lamar's Not Like Us
A judge has dismissed Drake's defamation lawsuit against the music corporation concerning Kendrick Lamar's song Not Like Us.
Presiding Judge the court’s judge determined that Lamar's song lyrics, which accused the artist and his crew of being "certified paedophiles", were "protected opinion" and cannot be considered defamatory.
Drake submitted the lawsuit in early this year, accusing UMG, the music company behind the two rappers, of defamation by permitting the song to be released and promoted, saying it disseminated a "false and malicious narrative".
Drake's spokesperson said he intended to challenge the decision. Universal Music Group expressed it was satisfied with the result and was looking forward to resuming 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 decisive blow in an continuing feud between the rival rappers.
It has become the biggest hit of Lamar's musical journey, having won multiple Grammy awards and being one of the most-discussed moments of his Super Bowl half-time show in February.
In a detailed ruling, the judge called the dispute between the rappers "the most notorious hip-hop feud in the genre's history".
"Both rappers’ series of diss tracks was a 'war of words' that was the subject of substantial media scrutiny and digital debate," the court wrote.
"Although the claim that plaintiff 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 each artist, would not incline the reasonable listener to believe that 'the track' conveys verifiable facts about plaintiff."
She additionally observed that, in an previous track, Drake had "dared Lamar to make the pedophile claims" that appeared in the diss record.
On the track Taylor Made Freestyle, the rapper used the AI-generated voice of Tupac Shakur to suggest strategies on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the track suggested.
"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote Judge Vargas.
"The similarity in the phrasing suggests strongly that this lyric is a direct callback to the artist’s own words in the earlier release."
'A Slap in the Face to Creatives'
Drake, whose real name is Aubrey Drake Graham, did not sue his rival in the legal filing.
His legal team accused UMG of launching "a campaign to generate 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 response".
Ruling against the plaintiff, the judge said fans would not expect "truthful accounts" from a diss track "replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language."
She pointed out that Drake himself had used comparable rhetoric, quoting a line in which the star "heavily" implied that "his opponent is a domestic abuser", and a separate instance where he "raps that he 'was told' that one of his rival’s children may not be his biological offspring."
Concerning the track in question, Judge Vargas said: "Although seemingly factual claims may take on the nature of subjective views... when made in public debate, intense arguments, or other circumstances in which an audience may expect the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a label spokesperson said: "From the outset, this case was an affront to all artists 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 resuming our work successfully marketing the artist’s work and supporting his artistic path," the representative continued.
A representative for the musician said the rapper intended to contest the decision, "and we look forward to the appellate court reviewing it".
Lamar has not yet issue a statement on the case.