Court Throws Out Drake's Lawsuit Regarding Kendrick Lamar’s Hit Diss Track
A court official has dismissed the rapper Drake’s defamation lawsuit targeting the music corporation concerning Kendrick Lamar's track Not Like Us.
Judge the court’s judge determined that Lamar's lyrics, which accused the artist and his associates of being "pedophiles", were "protected opinion" and could not be deemed defamatory.
The Canadian rapper filed the legal action in early this year, claiming UMG, the record label behind the two rappers, of defamation by permitting the song to be released and promoted, saying it disseminated a "false and malicious narrative".
Drake's spokesperson said he planned to challenge the ruling. UMG said it was satisfied with the result and was looking forward to resuming its collaboration with the musician.
Background of the Rap Battle
Not Like Us, which was first dropped in May 2024, was widely seen as the decisive blow 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 notorious hip-hop feud in the genre's history".
"The artists' seven-track rap battle was a 'verbal conflict' that was the subject of substantial media scrutiny and digital debate," the judge wrote.
"Although the claim that Drake is a pedophile is certainly a grave allegation, the wider backdrop of a intense musical rivalry, with provocative remarks and offensive accusations exchanged by both participants, would not incline the average audience to believe that 'the track' conveys verifiable facts about plaintiff."
She additionally observed that, in an earlier song, Drake had "challenged his rival to make the pedophile claims" that featured in Not Like Us.
On the song his own release, Drake used the synthetic vocals of Tupac Shakur to suggest strategies on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The similarity in the phrasing suggests strongly that this line is a clear reference to Drake's lyrics in the earlier release."
'An Affront to Artists'
Drake, whose real name is Aubrey Drake Graham, did not name his rival in the lawsuit.
His legal team alleged the label of launching "an effort to create a popular song" out of a release that made the "untrue claim that the artist is a criminal paedophile, and to imply that the public should resort to vigilante justice in retaliation".
Deciding against the plaintiff, Judge Vargas said fans would not expect "accurate factual reporting" from a diss track "filled with profanity, trash-talking, violent implications, and figurative and hyperbolic language."
She highlighted that Drake himself had engaged in similar language, referencing a line in which the artist "heavily" implied that "Lamar is a spouse beater", and a separate instance where he "claims that he 'was told' that one of Lamar's children may not be biologically his."
Concerning the track in question, the court said: "Although apparent statements of fact may assume the character of statements of opinion... when made in public debate, intense arguments, or other circumstances in which an audience may anticipate the use of slurs, passionate language or hyperbole."
Responding to the dismissal, a label spokesperson said: "From the outset, this lawsuit was an affront to all artists and their artistic freedom and should not have seen the light of day."
"We're pleased with the court's dismissal and look forward to continuing our partnership successfully promoting the artist’s work and investing in his artistic path," the representative continued.
A representative for Drake said the artist intended to appeal the ruling, "and we await the appellate court examining it".
Kendrick Lamar has yet to comment on the legal matter.