Judge Dismisses Rapper Drake's Lawsuit Over Kendrick Lamar’s Hit Diss Track
A judge has rejected the rapper Drake’s defamation lawsuit targeting the music corporation over Kendrick Lamar's track Not Like Us.
Judge the court’s judge determined that Lamar's song lyrics, which claimed the artist and his associates of being "pedophiles", were "nonactionable opinion" and cannot be considered defamatory.
Drake filed the lawsuit in early this year, claiming Universal Music Group, the record label representing the two rappers, of defamatory conduct by allowing the track to be published and marketed, saying it disseminated a "false and malicious narrative".
The artist’s representative stated he planned to appeal the decision. Universal Music Group expressed it was satisfied with the result and was looking forward to continuing its collaboration with the rapper.
Context of the Rap Battle
Not Like Us, which was first dropped in spring 2024, was broadly viewed as the decisive blow 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, Judge Vargas called the row between the rappers "the most notorious hip-hop feud in the history of rap music".
"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the subject of substantial media scrutiny and digital debate," the judge noted.
"Although the claim that Drake is a child predator is certainly a grave allegation, the wider backdrop of a intense musical rivalry, with provocative remarks and offensive accusations exchanged by each artist, would not incline the average audience to believe that 'Not Like Us' conveys verifiable facts about plaintiff."
She also noted that, in an previous track, Drake had "dared his rival to make the pedophile claims" that appeared in the diss record.
On the song his own release, the rapper used the AI-generated voice of the late rapper to give Lamar advice on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the song proposed.
"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated the court.
"The similarity in the phrasing strongly indicates that this line is a clear reference to Drake's lyrics in the prior song."
'An Affront to Artists'
Drake, whose legal name is Aubrey Graham, did not sue Lamar in the legal filing.
His lawyers alleged UMG of initiating "a campaign to generate a popular song" out of a track that made the "untrue claim that the artist is a convicted predator, and to suggest that the audience should resort to vigilante justice in retaliation".
Ruling against Drake, the judge said fans would not expect "accurate factual reporting" from a diss track "replete with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She pointed out that Drake himself had engaged in comparable rhetoric, quoting a lyric in which the star "strongly" suggested that "his opponent is a domestic abuser", and a separate instance where he "claims that he 'heard' that one of Lamar's sons may not be his biological offspring."
Concerning the track in question, the court said: "Even apparent statements of fact may assume the character of statements of opinion... when made in open discourse, heated labour dispute, or other circumstances in which an audience may expect the use of slurs, fiery rhetoric or exaggeration."
Reacting to the dismissal, a label representative said: "From the beginning, this lawsuit was an insult to all artists and their creative expression and never should have been filed."
"We're pleased with the court's dismissal and look forward to continuing our work successfully promoting Drake's music and investing in his career," the spokesperson added.
A representative for the musician said the artist planned to appeal the ruling, "and we await the Court of Appeals reviewing it".
Lamar has yet to comment on the case.