Court Dismisses Drake's Legal Case Regarding Kendrick Lamar’s Hit Diss Track
A court official has thrown out the rapper Drake’s legal claim targeting the music corporation concerning Kendrick Lamar's song Not Like Us.
Presiding Judge Jeannette Vargas ruled that the rapper’s song lyrics, which claimed Drake and his associates of being "certified paedophiles", were "protected opinion" and could not be deemed libelous.
Drake submitted the lawsuit in early this year, claiming UMG, the record label behind the two rappers, of defamation by permitting the track to be released and promoted, stating it spread a "false and malicious narrative".
Drake's spokesperson stated he intended to appeal the ruling. UMG said it was pleased with the result and was eager to resuming its work with the musician.
Context of the Hip-Hop Feud
Not Like Us, which was initially released in May 2024, was widely seen as the final strike in an continuing feud between the competing artists.
It has become the biggest hit of the rapper’s musical journey, having won multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl half-time show in February.
In a detailed ruling, Judge Vargas called the row between the rappers "the most notorious hip-hop feud in the history of rap music".
"Both rappers’ series of diss tracks was a 'war of words' that was the focus of extensive press coverage and online discourse," the court noted.
"While the accusation that plaintiff is a child predator is undoubtedly a serious one, the wider backdrop of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not lead the average audience to believe that 'Not Like Us' conveys verifiable facts about plaintiff."
She additionally observed that, in an earlier song, Drake had "dared Lamar to make the pedophile claims" that appeared in Not Like Us.
On the track his own release, the rapper used the AI-generated voice of Tupac Shakur to suggest strategies on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the track proposed.
"It is in this context in which such lines as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote the court.
"The similarity in the phrasing suggests strongly that this line is a clear reference to the artist’s own words in the earlier release."
'An Affront to Artists'
Drake, whose real name is Aubrey Graham, did not name his rival in the lawsuit.
His lawyers alleged UMG of initiating "a campaign to generate a viral hit" out of a release that made the "false factual allegation that Drake is a criminal paedophile, and to suggest that the public should turn to vigilante justice in response".
Deciding against the plaintiff, the judge said listeners would not expect "accurate factual reporting" from a musical attack "replete with profanity, insults, violent implications, and figurative and hyperbolic language."
She pointed out that Drake himself had used comparable rhetoric, quoting a lyric in which the artist "strongly" implied that "Lamar is a domestic abuser", and another where he "raps that he 'heard' that one of Lamar's children may not be his biological offspring."
Regarding the track in question, Judge Vargas said: "Even 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 listener may expect the use of epithets, passionate language or exaggeration."
Responding to the rejection, a UMG spokesperson said: "From the beginning, this case was an insult to every creative and their artistic freedom 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 investing in his artistic path," the representative added.
A representative for the musician said the artist intended to appeal the decision, "and we look forward to the appellate court examining it".
Kendrick Lamar has not yet issue a statement on the legal matter.