Judge Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar’s Hit Not Like Us
A court official has dismissed Drake's legal claim against the music corporation over Kendrick Lamar's song the diss record.
Judge the court’s judge ruled that Lamar's lyrics, which claimed Drake and his crew of being "pedophiles", were "protected opinion" and cannot be deemed defamatory.
Drake submitted the lawsuit in January, claiming Universal Music Group, the music company behind both artists, of defamatory conduct by permitting the track to be published and promoted, saying it disseminated a "false and malicious narrative".
The artist’s spokesperson stated he planned to appeal the ruling. UMG said it was satisfied with the result and was eager to continuing its collaboration with the rapper.
Background of the Hip-Hop Feud
The diss song, which was first dropped in spring 2024, was broadly viewed as the decisive blow in an ongoing battle between the competing artists.
It has become the most successful track of the rapper’s career, having won five Grammys and being one of the most-discussed moments of his Super Bowl performance in February.
In a 38-page order, 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 focus of substantial media scrutiny and digital debate," the court noted.
"Although the accusation that plaintiff is a child predator is certainly a grave allegation, the wider backdrop of a heated rap battle, with incendiary language and offensive accusations exchanged by both participants, would not incline the reasonable listener to believe that 'Not Like Us' imparts verifiable facts about the claimant."
She additionally observed that, in an earlier song, Drake had "dared his rival to make the paedophilia accusations" that appeared in Not Like Us.
On the song his own release, Drake used the synthetic vocals of Tupac Shakur to suggest strategies on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the track suggested.
"It is in this context in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated the court.
"The parallel in the phrasing suggests strongly that this lyric is a clear reference to Drake's lyrics in the prior song."
'An Affront to Artists'
Drake, whose real name is Aubrey Graham, did not name Lamar in the legal filing.
His lawyers accused UMG of initiating "an effort to create a viral hit" out of a track that made the "false factual allegation that Drake is a criminal paedophile, and to suggest that the public should turn to extra-legal action in response".
Ruling against Drake, the judge said listeners would not expect "truthful accounts" from a diss track "replete with profanity, insults, violent implications, and exaggerated statements."
She pointed out that Drake himself had used comparable rhetoric, quoting a line in which the artist "strongly" implied that "his opponent is a spouse beater", and a separate instance where he "raps that he 'heard' that one of Lamar's children may not be his biological offspring."
Regarding the track in question, Judge Vargas said: "Although apparent statements of fact may take on the nature of statements of opinion... when made in public debate, intense arguments, or similar situations in which an audience may anticipate the use of slurs, passionate language or hyperbole."
Reacting to the rejection, a label spokesperson said: "From the outset, this lawsuit was an affront to every creative and their creative expression 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 marketing Drake's music and supporting his artistic path," the representative continued.
A spokesperson for Drake said the artist intended to appeal the decision, "and we await the appellate court reviewing it".
Kendrick Lamar has not yet issue a statement on the legal matter.