Judge Throws Out Drake's Legal Case Over Kendrick Lamar's Not Like Us
A judge has rejected Drake's legal claim against Universal Music Group over Kendrick Lamar's track the diss record.
Presiding Judge Jeannette Vargas determined that the rapper’s lyrics, which claimed Drake and his crew of being "pedophiles", were "protected opinion" and could not be considered libelous.
The Canadian rapper filed the lawsuit in early this year, claiming UMG, the record label behind the two rappers, of defamation by permitting the track to be published and promoted, stating it disseminated a "untrue and harmful story".
The artist’s spokesperson stated he intended to challenge the decision. Universal Music Group expressed it was pleased with the result and was looking forward to resuming its work with the musician.
Background of the Hip-Hop Feud
The diss song, which was initially released in May 2024, was broadly viewed as the decisive blow in an ongoing battle between the rival rappers.
It has become the biggest hit of Lamar's musical journey, having received multiple Grammy awards and being one of the most-discussed moments of his Super Bowl half-time show in February.
In a 38-page order, Judge Vargas called the row between the artists "the most infamous rap battle in the genre's history".
"Both rappers’ seven-track rap battle was a 'war of words' that was the subject of substantial media scrutiny and online discourse," the judge wrote.
"While the accusation that plaintiff is a pedophile is undoubtedly a serious one, the broader context of a intense musical rivalry, with incendiary language and offensive accusations exchanged by both participants, would not lead the average audience to believe that 'Not Like Us' imparts verifiable facts about plaintiff."
She also noted that, in an earlier song, the artist had "challenged his rival to make the pedophile claims" that appeared in Not Like Us.
On the track Taylor Made Freestyle, the rapper used the AI-generated voice of Tupac Shakur 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.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," wrote the court.
"The similarity in the wording strongly indicates that this lyric is a direct callback to the artist’s own words in the prior song."
'An Affront to Artists'
Drake, whose real name is Aubrey Drake Graham, did not sue his rival in the legal filing.
His legal team alleged UMG of launching "a campaign to generate a popular song" out of a track that made the "untrue claim that Drake is a criminal paedophile, and to suggest that the audience should turn to vigilante justice in response".
Ruling against the plaintiff, Judge Vargas said fans would not expect "accurate factual reporting" from a musical attack "filled with vulgar language, trash-talking, violent implications, and figurative and hyperbolic language."
She highlighted that the rapper himself had used similar language, quoting a line in which the star "strongly" suggested that "his opponent is a spouse beater", and another where Drake "raps that he 'heard' that one of his rival’s children may not be his biological offspring."
Concerning Lamar's song, Judge Vargas said: "Even 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 listener may anticipate the use of epithets, fiery rhetoric or exaggeration."
Reacting to the dismissal, a UMG spokesperson said: "From the beginning, this lawsuit was an insult to all artists and their artistic freedom and never should have seen the light of day."
"We are satisfied with the court's dismissal and are eager to resuming our work successfully promoting Drake's music and supporting his career," the representative added.
A spokesperson for Drake said the rapper planned to appeal the decision, "and we await the appellate court examining it".
Lamar has yet to issue a statement on the legal matter.