Judge Throws Out Drake's Legal Case Over Kendrick Lamar’s Hit Not Like Us
A court official has dismissed Drake's legal claim against Universal Music Group over Kendrick Lamar’s track Not Like Us.
Presiding Judge the court’s judge determined that Lamar's song lyrics, which accused the artist and his crew of being "pedophiles", were "nonactionable opinion" and could not be considered libelous.
The Canadian rapper submitted the legal action in early this year, claiming Universal Music Group, the record label behind the two rappers, of defamatory conduct by allowing the track to be released and promoted, saying it disseminated a "untrue and harmful story".
Drake's representative said he intended to appeal the ruling. UMG expressed it was satisfied with the result and was looking forward to resuming its collaboration with the musician.
Background of the Rap Battle
The diss song, which was first dropped in May 2024, was broadly viewed as the final strike in an continuing feud between the competing artists.
It has become the biggest hit of the rapper’s musical journey, having won multiple Grammy awards and being one of the most-discussed moments of his Super Bowl half-time show in February.
In a detailed ruling, the judge called the dispute between the rappers "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 subject of extensive press coverage and digital debate," the court wrote.
"Although the claim that plaintiff is a pedophile is certainly a grave allegation, the broader context of a heated rap battle, with provocative remarks and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that 'the track' conveys verifiable facts about the claimant."
She also noted that, in an earlier song, the artist had "challenged his rival to make the pedophile claims" that featured in Not Like Us.
On the song Taylor Made Freestyle, Drake 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.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," wrote the court.
"The parallel in the phrasing suggests strongly that this line is a direct callback to Drake's lyrics in the prior song."
'An Affront to Artists'
The musician, whose real name is Aubrey Graham, did not sue his rival in the legal filing.
His legal team alleged the label of initiating "a campaign to create a popular song" out of a track that made the "false factual allegation that the artist is a convicted predator, and to imply that the audience should turn to extra-legal action in response".
Deciding against the plaintiff, Judge Vargas said listeners would not expect "truthful accounts" from a musical attack "filled with profanity, trash-talking, violent implications, and exaggerated statements."
She pointed out that the rapper himself had engaged in similar language, quoting a lyric in which the star "heavily" implied that "Lamar is a spouse beater", and another where Drake "raps that he 'heard' that one of Lamar's children may not be biologically his."
Concerning Lamar's song, Judge Vargas said: "Even seemingly factual claims may take on the nature of subjective views... when made in public debate, heated labour dispute, or similar situations in which an audience may expect the use of epithets, fiery rhetoric or hyperbole."
Responding to the dismissal, a UMG spokesperson said: "From the beginning, this case was an affront to all artists and their artistic freedom and never should have seen the light of day."
"We are satisfied with the court's dismissal and are eager to resuming our partnership effectively marketing the artist’s work and supporting his career," the spokesperson continued.
A representative for Drake said the artist planned to appeal the decision, "and we await the Court of Appeals examining it".
Kendrick Lamar has yet to comment on the case.