Judge Throws Out Rapper Drake's Lawsuit Over Kendrick Lamar's Not Like Us
A court official has rejected the rapper Drake’s legal claim against the music corporation over Kendrick Lamar's track Not Like Us.
Presiding Judge Jeannette Vargas decided that the rapper’s song lyrics, which claimed Drake and his associates of being "certified paedophiles", were "nonactionable opinion" and cannot be deemed libelous.
The Canadian rapper filed the legal action in January, claiming Universal Music Group, the music company representing both artists, of defamatory conduct by permitting the track to be released and marketed, stating it spread a "false and malicious narrative".
Drake's spokesperson stated he intended to challenge the ruling. Universal Music Group expressed it was pleased with the outcome and was looking forward to continuing its collaboration with the musician.
Background of the Rap Battle
The diss song, which was first dropped in May 2024, was widely seen as the decisive blow in an continuing feud between the competing artists.
It has emerged as the most successful track of Lamar'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, Judge Vargas called the row 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 judge noted.
"Although the claim that Drake is a pedophile is undoubtedly a grave allegation, the broader context of a heated rap battle, with incendiary language and offensive accusations exchanged by each artist, 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 Taylor Made Freestyle, Drake used the synthetic vocals of the late rapper to give Lamar advice on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the song suggested.
"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote the court.
"The similarity in the phrasing strongly indicates that this line is a direct callback to Drake's lyrics in the earlier release."
'An Affront to Artists'
Drake, whose real name is Aubrey Graham, did not name Lamar in the legal filing.
His lawyers accused the label of launching "an effort to generate a popular song" out of a track that made the "untrue claim that the artist is a convicted predator, and to suggest that the audience should resort to vigilante justice in retaliation".
Deciding against the plaintiff, the judge said fans would not expect "accurate factual reporting" from a diss track "filled with vulgar language, insults, violent implications, and figurative and hyperbolic language."
She highlighted that the rapper himself had used similar language, referencing a lyric in which the star "heavily" suggested that "his opponent is a spouse beater", and a separate instance where Drake "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 apparent statements of fact may assume the character of statements of opinion... when made in open discourse, heated labour dispute, or similar situations in which an listener may anticipate the use of epithets, passionate language or exaggeration."
Reacting to the rejection, a label spokesperson said: "From the beginning, this lawsuit was an affront to all artists and their artistic freedom and should not have been filed."
"We are satisfied with the judge’s ruling and look forward to resuming our partnership successfully promoting the artist’s work and supporting his career," the representative added.
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 yet to comment on the legal matter.