Judge Throws Out Rapper Drake's Lawsuit Over Kendrick Lamar’s Hit Not Like Us
A court official has rejected Drake's legal claim against the music corporation concerning Kendrick Lamar's song Not Like Us.
Judge the court’s judge determined that the rapper’s song lyrics, which accused the artist and his crew of being "certified paedophiles", were "nonactionable opinion" and could not be considered libelous.
Drake filed the lawsuit in January, claiming Universal Music Group, the record label representing the two rappers, of defamation by allowing the track to be published and marketed, stating it disseminated a "false and malicious narrative".
Drake's spokesperson said he intended to challenge the ruling. Universal Music Group expressed it was satisfied with the outcome and was looking forward to continuing its collaboration with the musician.
Context of the Rap Battle
Not Like Us, which was initially released in May 2024, was widely seen as the decisive blow in an continuing feud between the rival rappers.
It has emerged as the biggest hit of Lamar'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 detailed ruling, Judge Vargas called the dispute between the artists "the most notorious hip-hop feud in the genre's history".
"Both rappers’ series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and digital debate," the court noted.
"While the accusation that plaintiff is a pedophile is undoubtedly a grave allegation, the wider backdrop of a heated rap battle, with incendiary language and offensive accusations exchanged by both participants, would not incline the average audience to believe that 'the track' conveys verifiable facts about the claimant."
She additionally observed that, in an earlier song, the artist had "dared Lamar to make the pedophile claims" that featured in the diss record.
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 'Say, Drake, I hear you like 'em young' must be assessed," stated the court.
"The parallel in the wording suggests strongly that this lyric is a direct callback to Drake's lyrics in the prior song."
'A Slap in the Face to Creatives'
Drake, whose legal name is Aubrey Graham, did not sue his rival in the legal filing.
His legal team accused the label of initiating "a campaign to generate a popular song" out of a track that made the "untrue claim that the artist is a convicted predator, and to imply that the audience should turn to vigilante justice in response".
Deciding against the plaintiff, the judge said fans would not expect "truthful accounts" from a musical attack "filled with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She pointed out that the rapper himself had used comparable rhetoric, quoting a lyric in which the star "heavily" suggested that "Lamar is a spouse beater", and a separate instance where he "claims that he 'heard' that one of Lamar's children may not be biologically his."
Concerning the track in question, the court said: "Although seemingly factual claims may assume the character of subjective views... when made in open discourse, intense arguments, or similar situations in which an listener may expect the use of epithets, fiery rhetoric or exaggeration."
Reacting to the dismissal, a label spokesperson said: "From the beginning, this case was an insult to every creative and their creative expression and never should have been filed."
"We're pleased with the judge’s ruling and are eager to resuming our work successfully promoting Drake's music and investing in his artistic path," the representative continued.
A spokesperson for the musician said the rapper intended to appeal the decision, "and we await the Court of Appeals examining it".
Kendrick Lamar has yet to issue a statement on the legal matter.