Court Throws Out Drake's Lawsuit Over Kendrick Lamar’s Hit Not Like Us
A court official has rejected the rapper Drake’s legal claim targeting Universal Music Group concerning Kendrick Lamar's track Not Like Us.
Judge the court’s judge determined that Lamar's song lyrics, which accused Drake and his crew of being "pedophiles", were "protected opinion" and could not be deemed libelous.
The Canadian rapper filed the legal action in early this year, claiming UMG, the record label representing both artists, of defamation by allowing the track to be published and promoted, stating it spread a "untrue and harmful story".
The artist’s representative said he intended to appeal the ruling. Universal Music Group expressed it was pleased with the result and was looking forward to resuming its collaboration with the rapper.
Background of the Rap Battle
The diss song, which was initially released in May 2024, was widely seen as the final strike in an ongoing battle between the rival rappers.
It has become the biggest hit of the rapper’s career, having won five Grammys and being one of the most-discussed highlights of his Super Bowl performance in February.
In a detailed ruling, the judge called the row between the artists "the most notorious hip-hop feud in the genre's history".
"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the subject of substantial media scrutiny and online discourse," the court wrote.
"While the accusation that plaintiff is a child predator is undoubtedly a grave allegation, the wider backdrop of a heated rap battle, with provocative remarks and insulting claims exchanged 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 previous track, Drake had "dared Lamar to make the paedophilia accusations" that appeared in the diss record.
On the track Taylor Made Freestyle, Drake used the synthetic vocals of Tupac Shakur to give Lamar advice on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the track proposed.
"Against this backdrop in which such lines 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 prior song."
'An Affront to Artists'
Drake, whose real name is Aubrey Graham, did not name his rival in the lawsuit.
His legal team alleged the label of launching "a campaign to create a viral hit" out of a track that made the "false factual allegation that Drake is a convicted predator, and to imply that the audience should resort to extra-legal action in retaliation".
Ruling against Drake, the judge said fans would not expect "accurate factual reporting" from a musical attack "replete with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She pointed out that Drake himself had used comparable rhetoric, quoting a lyric in which the artist "strongly" implied that "Lamar is a domestic abuser", and a separate instance where he "claims that he 'was told' that one of his rival’s sons may not be biologically his."
Regarding the track in question, Judge Vargas said: "Even seemingly factual claims may assume the character of statements of opinion... when made in open discourse, intense arguments, or other circumstances in which an audience may expect the use of epithets, fiery rhetoric or exaggeration."
Reacting to the rejection, a UMG spokesperson said: "From the beginning, this lawsuit was an affront to every creative and their artistic freedom and should not have seen the light of day."
"We're pleased with the judge’s ruling and look forward to continuing our work successfully marketing Drake's music and supporting his career," the representative continued.
A spokesperson for the musician said the artist planned to appeal the decision, "and we await the Court of Appeals examining it".
Lamar has not yet issue a statement on the case.