Judge Throws Out Drake's Legal Case Over Kendrick Lamar's Not Like Us
A judge has thrown out Drake's legal claim against the music corporation over Kendrick Lamar's song Not Like Us.
Judge the court’s judge ruled that the rapper’s lyrics, which claimed the artist and his associates of being "certified paedophiles", were "nonactionable opinion" and could not be deemed libelous.
Drake submitted the legal action in January, claiming UMG, the music company behind both artists, of defamation by allowing the track to be published and promoted, saying it spread a "untrue and harmful story".
The artist’s representative stated he intended to appeal the decision. Universal Music Group said it was satisfied with the outcome and was eager to continuing its collaboration with the musician.
Background of the Rap Battle
The diss song, which was first dropped in spring 2024, was widely seen as the decisive blow in an continuing feud between the rival rappers.
It has emerged as the biggest hit of the rapper’s musical journey, having received five Grammys and being one of the most-talked about moments of his Super Bowl half-time show in February.
In a 38-page order, the judge called the dispute between the rappers "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 focus of substantial media scrutiny and online discourse," the court wrote.
"While the accusation that Drake is a pedophile is undoubtedly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and offensive accusations exchanged by both participants, would not incline the reasonable listener to believe that 'Not Like Us' conveys verifiable facts about plaintiff."
She also noted that, in an previous track, Drake had "challenged Lamar to make the pedophile claims" that appeared in Not Like Us.
On the song Taylor Made Freestyle, the rapper used the AI-generated voice of the late rapper to give Lamar advice on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," wrote Judge Vargas.
"The parallel in the wording suggests strongly that this lyric is a direct callback to Drake's lyrics in the earlier release."
'An Affront to Artists'
Drake, whose legal name is Aubrey Graham, did not sue Lamar in the lawsuit.
His lawyers accused the label of initiating "an effort to generate 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 response".
Ruling against Drake, Judge Vargas said listeners would not expect "accurate factual reporting" from a diss track "replete with vulgar language, trash-talking, violent implications, and figurative and hyperbolic language."
She highlighted that Drake himself had used similar language, quoting a line in which the artist "heavily" suggested that "his opponent is a domestic abuser", and another where Drake "raps that he 'heard' that one of Lamar's sons may not be his biological offspring."
Concerning the track in question, Judge Vargas said: "Although seemingly factual claims may assume the character of statements of opinion... when made in public debate, intense arguments, or similar situations in which an listener may anticipate the use of epithets, passionate language or hyperbole."
Reacting to the rejection, a label representative said: "From the outset, this case was an affront to every creative and their artistic freedom and never should have seen the light of day."
"We are satisfied with the judge’s ruling and are eager to continuing our work effectively promoting the artist’s work and investing in his artistic path," the representative continued.
A representative for the musician said the artist planned to appeal the decision, "and we look forward to the Court of Appeals examining it".
Lamar has not yet issue a statement on the case.