Judge Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar's Diss Track
A judge has dismissed Drake's defamation lawsuit against the music corporation concerning Kendrick Lamar’s song Not Like Us.
Judge the court’s judge ruled that Lamar's lyrics, which accused the artist and his associates of being "certified paedophiles", were "protected opinion" and cannot be deemed libelous.
The Canadian rapper filed the legal action in January, accusing Universal Music Group, the record label behind the two rappers, of defamation by allowing the track to be released and promoted, saying it spread a "untrue and harmful story".
Drake's spokesperson said he planned to challenge the decision. Universal Music Group said it was satisfied with the outcome and was eager to continuing its collaboration with the rapper.
Context of the Rap Battle
Not Like Us, which was initially released in May 2024, was widely seen as the final strike in an ongoing battle between the rival rappers.
It has become the most successful track of Lamar's career, having won multiple Grammy awards and being one of the most-talked about highlights of his Super Bowl half-time show in February.
In a 38-page order, Judge Vargas called the row between the rappers "the most infamous rap battle in the genre's history".
"Both rappers’ series of diss tracks was a 'verbal conflict' that was the subject of extensive press coverage and digital debate," the judge noted.
"While the claim that Drake is a child predator is certainly a serious one, the wider backdrop of a intense musical rivalry, with provocative remarks and insulting claims exchanged by both participants, would not lead the average audience to believe that 'Not Like Us' imparts truthful statements about the claimant."
She also noted that, in an previous track, the artist had "dared his rival to make the pedophile claims" that featured in Not Like Us.
On the song his own release, 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 track suggested.
"It is in this context in which such lines 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 clear reference to the artist’s own words in the earlier release."
'An Affront to Artists'
Drake, whose legal name is Aubrey Drake Graham, did not name his rival in the legal filing.
His legal team accused UMG of launching "an effort to generate a popular song" out of a track that made the "false factual allegation that Drake is a criminal paedophile, and to imply that the public should resort to vigilante justice in retaliation".
Deciding against the plaintiff, Judge Vargas said listeners would not expect "truthful accounts" from a musical attack "filled with profanity, insults, threats of violence, and exaggerated statements."
She highlighted that the rapper himself had used similar language, quoting a line in which the artist "heavily" implied that "his opponent is a spouse beater", and a separate instance where Drake "raps that he 'was told' that one of Lamar's children may not be biologically his."
Concerning Lamar's song, the court said: "Even seemingly factual claims may take on the nature of statements of opinion... when made in open discourse, intense arguments, or other circumstances in which an listener may anticipate the use of slurs, fiery rhetoric or exaggeration."
Reacting to the rejection, a UMG spokesperson said: "From the beginning, this lawsuit was an insult to all artists and their creative expression and should not have seen the light of day."
"We are satisfied with the court's dismissal and look forward to continuing our partnership effectively promoting the artist’s work and supporting his career," the spokesperson continued.
A representative for Drake said the artist intended to contest the ruling, "and we await the Court of Appeals examining it".
Kendrick Lamar has yet to issue a statement on the case.