Court Throws Out Rapper Drake's Lawsuit Regarding Kendrick Lamar's Not Like Us
A court official has thrown out the rapper Drake’s legal claim against Universal Music Group concerning Kendrick Lamar's song the diss record.
Judge Jeannette Vargas determined that Lamar's lyrics, which claimed the artist and his associates of being "certified paedophiles", were "nonactionable opinion" and could not be considered libelous.
Drake filed the legal action in January, claiming UMG, the record label behind both artists, of defamatory conduct by allowing the song to be released and promoted, saying it disseminated a "false and malicious narrative".
Drake's spokesperson stated he intended to challenge the ruling. UMG expressed it was pleased with the result and was looking forward to resuming its collaboration with the musician.
Context of the Rap Battle
The diss song, which was initially released in spring 2024, was widely seen as the decisive blow in an continuing feud between the competing artists.
It has emerged as the most successful track of the rapper’s musical journey, having received multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl half-time show in February.
In a 38-page order, the judge called the row between the artists "the most notorious hip-hop feud in the genre's history".
"Both rappers’ series of diss tracks was a 'war of words' that was the focus of extensive press coverage and digital debate," the judge wrote.
"While the claim that Drake is a pedophile is undoubtedly a serious one, the broader context of a intense musical rivalry, with incendiary language and insulting claims hurled by both participants, would not lead the reasonable listener to believe that 'Not Like Us' conveys verifiable facts about the claimant."
She additionally observed that, in an previous track, the artist had "dared Lamar to make the paedophilia accusations" that featured in the diss record.
On the track Taylor Made Freestyle, the rapper used the AI-generated voice 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 song suggested.
"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," stated the court.
"The parallel in the phrasing strongly indicates that this lyric is a direct callback to the artist’s own words in the prior song."
'A Slap in the Face to Creatives'
Drake, whose real name is Aubrey Graham, did not name his rival in the legal filing.
His legal team alleged the label of launching "an effort to generate a viral hit" out of a track that made the "false factual allegation that the artist is a criminal paedophile, and to imply that the audience should resort to extra-legal action in retaliation".
Ruling against the plaintiff, the judge said listeners would not expect "truthful accounts" from a musical attack "replete with vulgar language, insults, threats of violence, and exaggerated statements."
She pointed out that the rapper himself had used similar language, referencing a line in which the star "strongly" suggested that "Lamar is a spouse beater", and another where he "raps that he 'was told' that one of his rival’s sons may not be his biological offspring."
Regarding the track in question, the court 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 audience may expect the use of epithets, passionate language or hyperbole."
Reacting to the dismissal, a label representative said: "From the beginning, this lawsuit was an affront 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 resuming our partnership successfully promoting Drake's music and investing in his career," the spokesperson continued.
A representative for the musician said the rapper intended to contest the ruling, "and we await the Court of Appeals reviewing it".
Kendrick Lamar has yet to issue a statement on the case.