Judge Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar’s Hit Not Like Us
A judge has rejected the rapper Drake’s defamation lawsuit against Universal Music Group over Kendrick Lamar's song Not Like Us.
Judge the court’s judge ruled that Lamar's lyrics, which accused Drake and his crew of being "certified paedophiles", were "nonactionable opinion" and could not be considered libelous.
Drake submitted the lawsuit in January, claiming UMG, the music company behind both artists, of defamatory conduct by permitting the track to be published and marketed, stating it disseminated a "untrue and harmful story".
The artist’s representative stated he planned to appeal the decision. Universal Music Group said it was satisfied with the result and was looking forward to continuing its work with the rapper.
Context of the Rap Battle
The diss song, which was first dropped in spring 2024, was broadly viewed as the final strike in an ongoing battle 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-talked about highlights 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’ series of diss tracks was a 'war of words' that was the subject of substantial media scrutiny and online discourse," the judge noted.
"Although 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 hurled by both participants, would not incline the reasonable listener to believe that 'Not Like Us' imparts truthful statements about the claimant."
She also noted that, in an previous track, the artist had "challenged Lamar to make the paedophilia accusations" that featured in the diss record.
On the track his own release, 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 song suggested.
"It is in this context in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote Judge Vargas.
"The similarity in the wording strongly indicates 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 Drake Graham, did not sue his rival in the legal filing.
His legal team alleged the label of launching "a campaign to generate a popular song" out of a release that made the "untrue claim that the artist is a criminal paedophile, and to imply that the audience should resort to vigilante justice in response".
Deciding against the plaintiff, the judge said fans would not expect "accurate factual reporting" from a diss track "filled with profanity, trash-talking, violent implications, and exaggerated statements."
She highlighted that Drake himself had engaged in comparable rhetoric, quoting a lyric in which the star "heavily" implied that "Lamar is a domestic abuser", and another where Drake "claims that he 'was told' that one of Lamar's children may not be biologically his."
Concerning 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 other circumstances in which an audience may anticipate the use of epithets, passionate language or exaggeration."
Responding to the dismissal, a label spokesperson said: "From the beginning, this case was an insult to all artists and their artistic freedom and never should have been filed."
"We're pleased with the judge’s ruling and are eager to continuing our partnership effectively promoting Drake's music and investing in his career," the spokesperson continued.
A representative for Drake said the artist intended to appeal the ruling, "and we await the Court of Appeals reviewing it".
Lamar has yet to comment on the case.