Judge Throws Out Drake's Legal Case Over Kendrick Lamar's Not Like Us
A judge has dismissed Drake's defamation lawsuit against the music corporation concerning Kendrick Lamar’s song Not Like Us.
Judge the court’s judge decided that Lamar's lyrics, which claimed the artist and his associates of being "certified paedophiles", were "nonactionable opinion" and cannot be deemed defamatory.
The Canadian rapper filed the legal action in early this year, accusing UMG, the record label representing the two rappers, of defamation by allowing the track to be published and promoted, saying it spread a "untrue and harmful story".
Drake's spokesperson said he intended to appeal the decision. UMG expressed it was pleased with the outcome and was eager to resuming its work with the rapper.
Background of the Hip-Hop Feud
Not Like Us, which was first dropped in May 2024, was broadly viewed as the final strike in an ongoing battle between the rival rappers.
It has emerged as the most successful track of the rapper’s musical journey, having won five Grammys and being one of the most-talked about highlights of his Super Bowl performance 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’ seven-track rap battle was a 'war of words' that was the subject of extensive press coverage and digital debate," the judge wrote.
"Although the claim that Drake is a child predator is undoubtedly a grave allegation, the broader context of a intense musical rivalry, with provocative remarks and insulting claims exchanged by each artist, would not lead the reasonable listener to believe that 'the track' imparts verifiable facts about the claimant."
She additionally observed that, in an earlier song, Drake had "challenged Lamar to make the pedophile claims" that featured in Not Like Us.
On the track Taylor Made Freestyle, Drake used the synthetic vocals of the late rapper to suggest strategies 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 lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," stated Judge Vargas.
"The similarity in the phrasing suggests strongly that this lyric is a direct callback to Drake's lyrics in the earlier release."
'A Slap in the Face to Creatives'
Drake, whose legal name is Aubrey Graham, did not name Lamar in the lawsuit.
His legal team alleged the label of initiating "an effort to create a viral hit" out of a track that made the "false factual allegation that Drake is a criminal paedophile, and to suggest that the public should turn to extra-legal action in retaliation".
Deciding against the plaintiff, the judge said fans would not expect "truthful accounts" from a musical attack "replete with vulgar language, trash-talking, violent implications, and figurative and hyperbolic language."
She pointed out that Drake himself had used similar language, quoting a line in which the star "heavily" implied that "Lamar is a spouse beater", and a separate instance where he "claims that he 'was told' that one of his rival’s sons may not be biologically his."
Regarding Lamar's song, the court said: "Even seemingly factual claims may assume the character of statements of opinion... when made in public debate, intense arguments, or other circumstances in which an listener may expect the use of slurs, passionate language or exaggeration."
Reacting to the rejection, a label spokesperson said: "From the beginning, this case was an insult to all artists and their creative expression and never should have been filed."
"We are satisfied with the judge’s ruling and are eager to resuming our work successfully marketing Drake's music and investing in his career," the spokesperson continued.
A spokesperson for Drake said the rapper intended to appeal the decision, "and we look forward to the Court of Appeals reviewing it".
Lamar has not yet issue a statement on the legal matter.