Court Throws Out Drake's Legal Case Regarding Kendrick Lamar’s Hit Not Like Us
A judge has rejected the rapper Drake’s defamation lawsuit against the music corporation over Kendrick Lamar's song the diss record.
Judge Jeannette Vargas decided that the rapper’s song lyrics, which accused Drake and his associates of being "certified paedophiles", were "protected opinion" and cannot be deemed libelous.
Drake filed the lawsuit in early this year, claiming UMG, the record label behind both artists, of defamatory conduct by permitting the song to be released and promoted, stating it disseminated a "false and malicious narrative".
Drake's spokesperson stated he planned to appeal the decision. UMG expressed it was pleased with the result and was eager to resuming its collaboration with the rapper.
Context of the Hip-Hop Feud
The diss song, which was first dropped in May 2024, was broadly viewed as the decisive blow in an ongoing battle between the rival rappers.
It has become the most successful track of the rapper’s musical journey, having won 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, Judge Vargas called the dispute between the rappers "the most infamous rap battle in the genre's history".
"Both rappers’ series of diss tracks was a 'war of words' that was the subject of extensive press coverage and online discourse," the court noted.
"Although the accusation that plaintiff is a child predator is certainly a serious one, the wider backdrop of a intense musical rivalry, with provocative remarks and offensive accusations hurled by each artist, would not lead the reasonable listener to believe that 'the track' imparts truthful statements about the claimant."
She also noted that, in an previous track, Drake had "dared Lamar to make the pedophile claims" that appeared in Not Like Us.
On the song Taylor Made Freestyle, 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 suggested.
"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote Judge Vargas.
"The similarity in the phrasing strongly indicates that this line is a clear reference to Drake's lyrics in the prior song."
'A Slap in the Face to Creatives'
The musician, whose real name is Aubrey Drake Graham, did not sue Lamar in the legal filing.
His legal team alleged the label of launching "a campaign to create a viral hit" out of a track that made the "untrue claim that the artist is a convicted predator, and to imply that the public should resort to vigilante justice in retaliation".
Ruling against Drake, the judge said fans would not expect "accurate factual reporting" from a musical attack "filled with profanity, insults, threats of violence, and figurative and hyperbolic language."
She pointed out that the rapper himself had engaged in similar language, referencing a line in which the star "strongly" implied that "his opponent is a spouse beater", and another where Drake "raps that he 'heard' that one of Lamar's children may not be his biological offspring."
Regarding the track in question, the court said: "Even apparent statements of fact may take on the nature of statements of opinion... when made in open discourse, heated labour dispute, or similar situations in which an listener may anticipate the use of epithets, passionate language or exaggeration."
Responding to the dismissal, a UMG representative said: "From the beginning, this lawsuit was an affront to every creative and their artistic freedom and never should have seen the light of day."
"We're pleased with the judge’s ruling and are eager to resuming our partnership effectively marketing Drake's music and supporting his artistic path," the spokesperson added.
A representative for Drake said the rapper intended to contest the ruling, "and we look forward to the Court of Appeals reviewing it".
Kendrick Lamar has not yet comment on the case.