Court Dismisses Rapper Drake's Lawsuit Regarding Kendrick Lamar’s Hit Diss Track
A court official has thrown out Drake's defamation lawsuit against the music corporation over Kendrick Lamar’s track Not Like Us.
Presiding Judge the court’s judge determined that Lamar's lyrics, which claimed Drake and his crew of being "pedophiles", were "protected opinion" and cannot be deemed defamatory.
Drake submitted the legal action in early this year, accusing UMG, the music company behind both artists, of defamation by allowing the track to be released and marketed, saying it spread a "false and malicious narrative".
The artist’s spokesperson stated he planned to challenge the decision. UMG said it was pleased with the outcome and was eager to continuing its collaboration with the musician.
Context of the Rap Battle
Not Like Us, which was first dropped in May 2024, was widely seen as the final strike in an continuing feud between the competing artists.
It has emerged as the biggest hit of the rapper’s career, having won multiple Grammy awards and being one of the most-talked about moments of his Super Bowl performance 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".
"The artists' seven-track rap battle was a 'war of words' that was the focus of extensive press coverage and online discourse," the court wrote.
"While the accusation that plaintiff is a child predator is certainly a serious one, the wider backdrop of a intense musical rivalry, with incendiary language and offensive accusations exchanged by each artist, would not lead the average audience to believe that 'Not Like Us' conveys truthful statements 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 his own release, Drake used the AI-generated voice of Tupac Shakur to suggest strategies on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the song suggested.
"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated Judge Vargas.
"The parallel in the phrasing suggests strongly that this lyric 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 Lamar in the legal filing.
His legal team accused the label of launching "an effort to generate a popular song" out of a release that made the "false factual allegation that Drake is a criminal paedophile, and to suggest that the audience should turn to extra-legal action in retaliation".
Deciding against Drake, Judge Vargas said listeners would not expect "truthful accounts" from a musical attack "replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language."
She pointed out that Drake himself had engaged in similar language, referencing a lyric in which the artist "heavily" implied that "his opponent is a domestic abuser", and a separate instance where Drake "claims that he 'heard' that one of Lamar's children may not be his biological offspring."
Concerning 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 audience may anticipate the use of epithets, fiery rhetoric or hyperbole."
Responding to the rejection, a UMG spokesperson said: "From the outset, this case was an insult to every creative and their creative expression and never should have seen the light of day."
"We are satisfied with the judge’s ruling and are eager to continuing our work successfully marketing Drake's music and supporting his career," the representative added.
A representative for the musician said the artist planned to contest the ruling, "and we await the Court of Appeals examining it".
Lamar has not yet issue a statement on the legal matter.