Judge Dismisses Drake's Lawsuit Regarding Kendrick Lamar's Not Like Us
A judge has dismissed Drake's defamation lawsuit against Universal Music Group concerning Kendrick Lamar’s song Not Like Us.
Presiding Judge Jeannette Vargas decided that the rapper’s lyrics, which claimed Drake and his crew of being "certified paedophiles", were "nonactionable opinion" and could not be considered defamatory.
Drake filed the lawsuit in January, claiming UMG, the record label representing the two rappers, of defamation by allowing the song to be released and promoted, saying it spread a "false and malicious narrative".
The artist’s representative stated he planned to appeal the ruling. UMG expressed it was pleased with the outcome and was looking forward to resuming its collaboration with the musician.
Background of the Rap Battle
The diss song, which was initially released in May 2024, was broadly viewed as the final strike in an ongoing battle between the competing artists.
It has emerged as the most successful track of Lamar's career, having received multiple Grammy awards and being one of the most-talked about moments of his Super Bowl half-time show in February.
In a 38-page order, the judge called the dispute between the rappers "the most infamous rap battle in the genre's history".
"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the focus of extensive press coverage and digital debate," the court noted.
"Although the accusation that Drake is a child predator is undoubtedly a serious one, the broader context of a heated rap battle, with incendiary language and insulting claims exchanged by both participants, would not incline the reasonable listener to believe that 'Not Like Us' imparts verifiable facts about plaintiff."
She also noted that, in an previous track, the artist had "challenged his rival to make the pedophile claims" that appeared in the diss record.
On the track his own release, 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 track suggested.
"Against this backdrop in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote the court.
"The similarity in the phrasing strongly indicates that this lyric is a clear reference to the artist’s own words in the prior song."
'An Affront to Artists'
Drake, whose real name is Aubrey Graham, did not name Lamar in the lawsuit.
His lawyers alleged UMG of launching "an effort to generate a popular song" out of a release that made the "false factual allegation that the artist is a criminal paedophile, and to suggest that the audience should turn to vigilante justice in response".
Deciding against the plaintiff, Judge Vargas said listeners would not expect "accurate factual reporting" from a diss track "filled with profanity, insults, violent implications, and exaggerated statements."
She pointed out that Drake himself had engaged in comparable rhetoric, quoting a lyric in which the star "heavily" suggested that "Lamar is a domestic abuser", and another where Drake "raps that he 'heard' that one of his rival’s sons may not be his biological offspring."
Concerning Lamar's song, Judge Vargas said: "Although seemingly factual claims may assume the character of subjective views... when made in public debate, 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 label spokesperson said: "From the beginning, this lawsuit was an affront to all artists and their creative expression and never should have been filed."
"We are satisfied with the judge’s ruling and look forward to continuing our partnership effectively promoting Drake's music and supporting his career," the representative added.
A spokesperson for the musician said the artist intended to contest the decision, "and we look forward to the appellate court examining it".
Kendrick Lamar has yet to issue a statement on the legal matter.