Court Dismisses Rapper Drake's Lawsuit Over Kendrick Lamar’s Hit Diss Track
A judge has dismissed the rapper Drake’s legal claim against the music corporation concerning Kendrick Lamar's song Not Like Us.
Judge the court’s judge decided that the rapper’s lyrics, which claimed the artist and his associates of being "pedophiles", were "protected opinion" and cannot be deemed libelous.
Drake filed the lawsuit in early this year, accusing UMG, the record label behind the two rappers, of defamation by allowing the song to be released and marketed, stating it spread a "untrue and harmful story".
Drake's spokesperson said he planned to challenge the decision. Universal Music Group said it was satisfied with the outcome and was looking forward to resuming its work with the rapper.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in spring 2024, was broadly viewed 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 received five Grammys and being one of the most-discussed highlights of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the row between the artists "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 noted.
"Although the accusation that plaintiff is a pedophile is certainly a serious one, the wider backdrop of a intense musical rivalry, with incendiary language and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that 'the track' conveys verifiable facts about plaintiff."
She also noted that, in an earlier song, the artist had "dared Lamar to make the paedophilia accusations" that appeared in Not Like Us.
On the track Taylor Made Freestyle, the rapper used the synthetic vocals 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 'Say, Drake, I hear you like 'em young' must be assessed," wrote Judge Vargas.
"The similarity in the wording strongly indicates that this lyric is a direct callback to Drake's lyrics in the earlier release."
'An Affront to Artists'
Drake, whose legal name is Aubrey Graham, did not sue Lamar in the lawsuit.
His lawyers accused the label of initiating "an effort to generate a popular song" out of a release that made the "untrue claim that Drake is a convicted predator, and to imply that the audience should resort to vigilante justice in retaliation".
Deciding against the plaintiff, the judge said fans would not expect "accurate factual reporting" from a diss track "filled with profanity, insults, violent implications, and figurative and hyperbolic language."
She pointed out that the rapper himself had used comparable rhetoric, quoting a lyric in which the star "heavily" implied that "his opponent is a spouse beater", and another where Drake "claims that he 'heard' that one of his rival’s children may not be biologically his."
Concerning the track in question, Judge Vargas said: "Even seemingly factual claims may assume the character of statements of opinion... when made in public debate, heated labour dispute, or other circumstances in which an audience may anticipate the use of slurs, fiery rhetoric or exaggeration."
Responding to the rejection, a label representative said: "From the beginning, this lawsuit was an insult to every creative and their creative expression and should not have been filed."
"We are satisfied with the court's dismissal and look forward to resuming our partnership successfully marketing the artist’s work and supporting his career," the representative continued.
A representative for the musician said the rapper intended to appeal the ruling, "and we await the Court of Appeals reviewing it".
Lamar has not yet comment on the case.