Court Dismisses Drake's Legal Case Over Kendrick Lamar’s Hit Not Like Us
A court official has dismissed the rapper Drake’s legal claim against Universal Music Group over Kendrick Lamar’s track the diss record.
Judge the court’s judge ruled that Lamar's song lyrics, which claimed Drake and his crew of being "certified paedophiles", were "nonactionable opinion" and cannot be considered defamatory.
The Canadian rapper submitted the lawsuit in early this year, accusing UMG, the record label representing both artists, of defamatory conduct by permitting the track to be released and marketed, saying it disseminated a "untrue and harmful story".
Drake's representative stated he intended to challenge the decision. Universal Music Group said it was pleased with the result and was eager to continuing its work with the musician.
Context of the Rap Battle
The diss song, which was initially released in May 2024, was widely seen as the decisive blow in an continuing feud between the competing artists.
It has become the most successful track of the rapper’s career, having received 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, the judge called the dispute between the rappers "the most infamous rap battle in the genre's history".
"The artists' seven-track rap battle was a 'verbal conflict' that was the focus of extensive press coverage and online discourse," the judge noted.
"Although the claim that Drake is a pedophile is undoubtedly a serious one, the wider backdrop of a intense musical rivalry, with provocative remarks and insulting claims hurled by both participants, would not lead the reasonable listener to believe that 'Not Like Us' conveys truthful statements about plaintiff."
She additionally observed that, in an earlier song, Drake had "dared his rival to make the pedophile claims" that featured in Not Like Us.
On the track Taylor Made Freestyle, Drake used the synthetic vocals 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 proposed.
"Against this backdrop in which such lines as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The similarity in the wording suggests strongly that this lyric is a direct callback to Drake's lyrics in the prior song."
'An Affront to Artists'
The musician, whose real name is Aubrey Drake Graham, did not sue Lamar in the lawsuit.
His legal team alleged UMG of initiating "an effort to create a viral hit" out of a release that made the "untrue claim that the artist is a criminal paedophile, and to imply that the public should resort to extra-legal action in retaliation".
Deciding against Drake, the judge said fans would not expect "accurate factual reporting" from a musical attack "filled with vulgar language, trash-talking, threats of violence, and figurative and hyperbolic language."
She highlighted that the rapper himself had used comparable rhetoric, referencing a line in which the artist "strongly" implied that "Lamar is a domestic abuser", and a separate instance where Drake "raps that he 'was told' that one of Lamar's sons may not be his biological offspring."
Concerning the track in question, the court said: "Although apparent statements of fact may take on the nature of subjective views... when made in open discourse, heated labour dispute, or other circumstances in which an audience may anticipate the use of slurs, fiery rhetoric or exaggeration."
Responding to the dismissal, a UMG 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 work successfully promoting the artist’s work and supporting his career," the spokesperson continued.
A spokesperson for the musician said the artist planned to appeal the decision, "and we await the Court of Appeals reviewing it".
Kendrick Lamar has yet to issue a statement on the case.