Court Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar's Not Like Us
A judge has rejected Drake's legal claim against the music corporation over Kendrick Lamar's track the diss record.
Judge the court’s judge determined that the rapper’s song lyrics, which accused Drake and his associates of being "certified paedophiles", were "nonactionable opinion" and cannot be deemed defamatory.
The Canadian rapper filed the legal action in January, claiming UMG, the record label behind both artists, of defamatory conduct by allowing the song to be published and promoted, saying it spread a "false and malicious narrative".
The artist’s spokesperson stated he intended to challenge the decision. UMG expressed it was pleased with the outcome and was eager to continuing its collaboration with the musician.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in May 2024, was broadly viewed as the decisive blow in an ongoing battle between the rival rappers.
It has emerged as the most successful track of the rapper’s musical journey, having won multiple Grammy awards and being one of the most-talked about moments of his Super Bowl performance in February.
In a 38-page order, Judge Vargas called the row between the rappers "the most infamous rap battle in the history of rap music".
"Both rappers’ series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and online discourse," the court wrote.
"While the accusation that Drake is a child predator is certainly a grave allegation, the broader context of a intense musical rivalry, with provocative remarks and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that 'the track' conveys verifiable facts about plaintiff."
She additionally observed that, in an earlier song, Drake had "dared his rival to make the paedophilia accusations" that featured in the diss record.
On the song his own release, the rapper 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 lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The parallel in the wording suggests strongly that this line is a clear reference to the artist’s own words in the earlier release."
'An Affront to Artists'
Drake, whose legal name is Aubrey Graham, did not sue Lamar in the legal filing.
His lawyers alleged UMG of initiating "an effort to create a popular song" out of a release that made the "false factual allegation that Drake is a criminal paedophile, and to imply that the audience should turn to extra-legal action in retaliation".
Ruling against the plaintiff, Judge Vargas said fans would not expect "truthful accounts" from a musical attack "replete with profanity, trash-talking, violent implications, and figurative and hyperbolic language."
She highlighted that Drake himself had used similar language, referencing a line in which the artist "heavily" suggested that "Lamar is a domestic abuser", and a separate instance where he "claims that he 'was told' that one of Lamar's sons may not be his biological offspring."
Concerning Lamar's song, the court said: "Although apparent statements of fact may assume the character of subjective views... when made in open discourse, heated labour dispute, or similar situations in which an audience may expect the use of epithets, fiery rhetoric or exaggeration."
Responding to the dismissal, a label representative said: "From the outset, 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 are eager to continuing our partnership effectively marketing Drake's music and supporting his career," the representative continued.
A spokesperson for the musician said the rapper planned to contest the ruling, "and we await the Court of Appeals reviewing it".
Kendrick Lamar has not yet issue a statement on the case.