Court Throws Out Drake's Legal Case Over Kendrick Lamar's Not Like Us
A court official has thrown out Drake's defamation lawsuit against Universal Music Group concerning Kendrick Lamar's song Not Like Us.
Presiding Judge Jeannette Vargas ruled that the rapper’s song lyrics, which claimed the artist and his associates of being "certified paedophiles", were "protected opinion" and cannot be considered libelous.
The Canadian rapper submitted the lawsuit in early this year, claiming Universal Music Group, the music company representing the two rappers, of defamatory conduct by allowing the song to be published and promoted, stating it disseminated a "untrue and harmful story".
Drake's spokesperson said he planned to appeal the decision. UMG expressed it was pleased with the outcome and was looking forward to resuming its collaboration with the rapper.
Background of the Hip-Hop Feud
The diss song, which was initially released in spring 2024, was widely seen as the decisive blow in an ongoing battle between the rival rappers.
It has emerged as the biggest hit of Lamar's career, having received five Grammys and being one of the most-talked about moments of his Super Bowl half-time show in February.
In a 38-page order, the judge called the dispute between the rappers "the most notorious hip-hop feud in the history of rap music".
"The artists' seven-track rap battle was a 'war of words' that was the subject of substantial media scrutiny and online discourse," the court wrote.
"Although the accusation that plaintiff is a pedophile is undoubtedly a grave allegation, the wider backdrop of a intense musical rivalry, with provocative remarks and offensive accusations exchanged by both participants, would not lead the average audience to believe that 'the track' imparts verifiable facts about the claimant."
She also noted that, in an earlier song, Drake had "dared Lamar to make the pedophile claims" that featured in the diss record.
On the song his own release, the rapper used the AI-generated voice 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 suggested.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The parallel in the phrasing strongly indicates that this line is a direct callback to Drake's lyrics in the earlier release."
'An Affront to Artists'
The musician, whose real name is Aubrey Graham, did not sue his rival in the legal filing.
His lawyers alleged UMG of launching "an effort to create a viral hit" out of a release that made the "false factual allegation that the artist is a convicted predator, and to suggest that the public should turn to vigilante justice in response".
Ruling against the plaintiff, the judge said fans would not expect "accurate factual reporting" from a diss track "replete with vulgar language, insults, violent implications, and figurative and hyperbolic language."
She highlighted that Drake himself had engaged in comparable rhetoric, referencing a lyric in which the artist "heavily" suggested that "his opponent is a spouse beater", and another where Drake "claims that he 'was told' that one of his rival’s sons may not be biologically his."
Regarding Lamar's song, Judge Vargas said: "Although seemingly factual claims may assume the character of subjective views... when made in open discourse, intense arguments, or other circumstances in which an audience may anticipate the use of epithets, passionate language or exaggeration."
Reacting to the dismissal, a label spokesperson said: "From the outset, this case was an affront to all artists and their creative expression and should not have been filed."
"We're pleased with the court's dismissal and are eager to continuing our partnership successfully promoting the artist’s work and investing in his career," the spokesperson added.
A spokesperson for the musician said the artist planned to contest the decision, "and we await the appellate court examining it".
Lamar has yet to comment on the legal matter.