Judge Dismisses Drake's Legal Case Over Kendrick Lamar’s Hit Not Like Us
A judge has dismissed Drake's defamation lawsuit against the music corporation over Kendrick Lamar's song the diss record.
Judge the court’s judge determined that Lamar's lyrics, which accused the artist and his associates of being "pedophiles", were "protected opinion" and cannot be deemed defamatory.
Drake submitted the legal action in early this year, claiming Universal Music Group, the music company behind the two rappers, of defamatory conduct by permitting the song to be published and marketed, saying it spread a "untrue and harmful story".
Drake's representative stated he planned to challenge the decision. UMG said it was pleased with the outcome and was eager to continuing its collaboration with the rapper.
Background of the Hip-Hop Feud
Not Like Us, which was first dropped in spring 2024, was widely seen as the final strike in an continuing feud between the competing artists.
It has emerged as the most successful track of the rapper’s career, having won multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl half-time show in February.
In a 38-page order, the judge 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 noted.
"Although the claim that Drake is a pedophile is undoubtedly a grave allegation, the wider backdrop of a heated rap battle, with provocative remarks and insulting claims hurled by each artist, would not incline the average audience to believe that 'the track' conveys truthful statements about the claimant."
She also noted that, in an earlier song, the artist had "challenged Lamar to make the paedophilia accusations" that appeared in Not Like Us.
On the track Taylor Made Freestyle, the rapper 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 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated Judge Vargas.
"The parallel in the phrasing suggests strongly that this line is a direct callback to Drake's lyrics in the prior song."
'An Affront to Artists'
Drake, whose real name is Aubrey Graham, did not sue his rival in the lawsuit.
His lawyers alleged the label of initiating "a campaign to create a viral hit" out of a track that made the "untrue claim that Drake is a criminal paedophile, and to imply that the public should resort to extra-legal action in retaliation".
Ruling against Drake, the judge said listeners would not expect "accurate factual reporting" from a musical attack "filled with profanity, insults, violent implications, and figurative and hyperbolic language."
She pointed out that Drake himself had used comparable rhetoric, quoting a lyric in which the artist "strongly" implied that "his opponent is a domestic abuser", and another where Drake "raps that he 'heard' that one of his rival’s children may not be his biological offspring."
Concerning the track in question, Judge Vargas said: "Even apparent statements of fact may assume the character of subjective views... when made in public debate, intense arguments, or other circumstances in which an listener may anticipate the use of slurs, fiery rhetoric or exaggeration."
Reacting to the dismissal, a label spokesperson said: "From the beginning, this case was an insult to all artists and their creative expression 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 Drake said the artist planned to appeal the ruling, "and we await the appellate court examining it".
Kendrick Lamar has not yet issue a statement on the case.