Judge Dismisses Rapper Drake's Lawsuit Regarding Kendrick Lamar's Diss Track
A court official has dismissed Drake's defamation lawsuit against Universal Music Group concerning Kendrick Lamar’s song Not Like Us.
Judge the court’s judge determined that Lamar's song lyrics, which accused Drake and his associates of being "certified paedophiles", were "nonactionable opinion" and could not be considered libelous.
Drake submitted the lawsuit in January, accusing UMG, the music company representing both artists, of defamatory conduct by permitting the track to be released and promoted, saying it spread a "untrue and harmful story".
Drake's representative said he intended to appeal the ruling. UMG said it was satisfied with the result and was looking forward to continuing its work with the rapper.
Context 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 competing artists.
It has become the most successful track of the rapper’s musical journey, having won five Grammys and being one of the most-talked about moments of his Super Bowl half-time show in February.
In a 38-page order, the judge called the dispute between the artists "the most infamous rap battle in the genre's history".
"The artists' seven-track rap battle was a 'verbal conflict' that was the focus of extensive press coverage and digital debate," the judge noted.
"While the accusation that plaintiff is a child predator is undoubtedly a grave allegation, the broader context of a heated rap battle, with incendiary language and insulting claims exchanged by both participants, would not lead the reasonable listener to believe that 'Not Like Us' imparts verifiable facts about the claimant."
She also noted that, in an previous track, the artist had "dared his rival to make the paedophilia accusations" that featured in the diss record.
On the song his own release, the rapper used the AI-generated voice of the late rapper 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 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The similarity in the phrasing strongly indicates that this lyric is a clear reference to the artist’s own words in the earlier release."
'An Affront to Artists'
Drake, whose real name is Aubrey Drake Graham, did not sue his rival in the lawsuit.
His legal team accused UMG of initiating "a campaign to create a popular song" out of a release that made the "false factual allegation that Drake is a convicted predator, and to imply that the public should resort to vigilante justice in retaliation".
Ruling against Drake, Judge Vargas said listeners would not expect "truthful accounts" from a diss track "replete with profanity, trash-talking, violent implications, and exaggerated statements."
She highlighted that the rapper himself had engaged in comparable rhetoric, referencing a lyric in which the star "heavily" implied that "Lamar is a spouse beater", and another where he "claims that he 'was told' that one of his rival’s children may not be biologically his."
Regarding 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 similar situations in which an listener may expect the use of slurs, passionate language or exaggeration."
Responding to the rejection, a label spokesperson said: "From the outset, this case was an insult to all artists and their creative expression and never should have seen the light of day."
"We're pleased with the court's dismissal and are eager to continuing our work effectively promoting Drake's music and supporting his career," the representative continued.
A spokesperson for the musician said the artist planned to contest the decision, "and we look forward to the appellate court reviewing it".
Lamar has yet to comment on the legal matter.