Judge Dismisses Drake's Legal Case Regarding Kendrick Lamar’s Hit Not Like Us
A judge has rejected the rapper Drake’s legal claim against the music corporation concerning Kendrick Lamar’s song Not Like Us.
Judge Jeannette Vargas determined that Lamar's lyrics, which claimed Drake and his crew of being "pedophiles", were "protected opinion" and cannot be deemed defamatory.
The Canadian rapper submitted the lawsuit in early this year, claiming Universal Music Group, the record label behind both artists, of defamation by permitting the track to be released and marketed, saying it spread a "untrue and harmful story".
The artist’s representative said he intended to appeal the ruling. UMG said it was pleased with the result and was looking forward to resuming its work with the musician.
Background of the Rap Battle
Not Like Us, which was initially released in spring 2024, was broadly viewed as the final strike in an continuing feud between the rival rappers.
It has become the biggest hit of Lamar's musical journey, having received five Grammys and being one of the most-discussed moments of his Super Bowl performance in February.
In a 38-page order, Judge Vargas called the dispute between the artists "the most notorious hip-hop feud in the history of rap music".
"The artists' seven-track rap battle was a 'verbal conflict' that was the focus of substantial media scrutiny and digital debate," the judge wrote.
"Although the claim that plaintiff is a pedophile is certainly a serious one, the wider backdrop of a intense musical rivalry, with provocative remarks and insulting claims exchanged by each artist, would not lead the average audience to believe that 'the track' imparts verifiable facts about the claimant."
She also noted that, in an earlier song, Drake had "dared his rival to make the pedophile claims" that featured in the diss record.
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.
"Suggest he has a preference for minors, consider that a tip," the song suggested.
"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote the court.
"The parallel in the phrasing strongly indicates that this line is a clear reference to the artist’s own words in the prior song."
'An Affront to Artists'
Drake, whose legal name is Aubrey Drake Graham, did not name his rival in the lawsuit.
His legal team alleged the label of initiating "a campaign to generate a viral hit" out of a release that made the "untrue claim that the artist is a criminal paedophile, and to imply that the audience should turn to extra-legal action in retaliation".
Ruling against Drake, the judge said fans would not expect "accurate factual reporting" from a diss track "filled with vulgar language, 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 a separate instance where Drake "claims that he 'heard' that one of his rival’s children may not be biologically his."
Regarding Lamar's song, Judge Vargas said: "Although apparent statements of fact may take on the nature of subjective views... when made in open discourse, heated labour dispute, or similar situations in which an listener may anticipate the use of epithets, fiery rhetoric or exaggeration."
Reacting to the rejection, 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 court's dismissal and look forward to resuming our work successfully promoting the artist’s work and investing in his career," the representative continued.
A representative for the musician said the rapper intended to contest the decision, "and we look forward to the appellate court reviewing it".
Kendrick Lamar has not yet issue a statement on the legal matter.