Judge Throws Out Drake's Legal Case Regarding Kendrick Lamar’s Hit Not Like Us
A judge has rejected Drake's defamation lawsuit against the music corporation concerning Kendrick Lamar's track the diss record.
Presiding Judge the court’s judge ruled that Lamar's lyrics, which claimed Drake and his crew of being "pedophiles", were "protected opinion" and could not be deemed libelous.
Drake filed the lawsuit in early this year, accusing UMG, the music company behind the two rappers, of defamation by permitting the track to be released and promoted, saying it disseminated a "false and malicious narrative".
The artist’s spokesperson said he planned to appeal the decision. Universal Music Group said it was pleased with the result and was eager to resuming its collaboration with the rapper.
Context of the Hip-Hop Feud
Not Like Us, which was initially released in May 2024, was broadly viewed as the final strike in an continuing feud between the rival rappers.
It has become the most successful track of the rapper’s musical journey, having received 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 dispute between the artists "the most infamous rap battle in the history of rap music".
"The artists' series of diss tracks was a 'war of words' that was the subject of substantial media scrutiny and online discourse," the court noted.
"Although the claim that plaintiff is a child predator is undoubtedly a grave allegation, the broader context of a heated rap battle, with incendiary language and insulting claims exchanged by each artist, would not incline the reasonable listener to believe that 'the track' conveys truthful statements about plaintiff."
She also noted that, in an previous track, the artist had "challenged Lamar 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.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote Judge Vargas.
"The parallel in the phrasing strongly indicates that this lyric is a clear reference to the artist’s own words in the prior song."
'A Slap in the Face to Creatives'
The musician, whose real name is Aubrey Graham, did not name his rival in the legal filing.
His lawyers accused UMG of launching "an effort to generate a popular song" out of a track that made the "false factual allegation that the artist is a convicted predator, and to suggest that the public should resort to vigilante justice in response".
Ruling against Drake, Judge Vargas said listeners would not expect "accurate factual reporting" from a diss track "filled with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She pointed out that Drake himself had used similar language, quoting a line in which the star "strongly" implied that "his opponent is a domestic abuser", and another where Drake "raps that he 'heard' that one of his rival’s sons may not be his biological offspring."
Concerning the track in question, Judge Vargas said: "Even apparent statements of fact may take on the nature of statements of opinion... when made in public debate, heated labour dispute, or other circumstances in which an listener may expect the use of epithets, fiery rhetoric or hyperbole."
Reacting to the dismissal, a label spokesperson said: "From the outset, this case was an insult to all artists and their creative expression and never should have been filed."
"We're pleased with the judge’s ruling and are eager to continuing our work successfully promoting Drake's music and investing in his artistic path," the representative continued.
A spokesperson for Drake said the artist planned to appeal the decision, "and we look forward to the appellate court examining it".
Lamar has not yet issue a statement on the case.