Court Throws Out Drake's Legal Case Regarding Kendrick Lamar's Diss Track
A court official has rejected Drake's defamation lawsuit against the music corporation over Kendrick Lamar's track Not Like Us.
Presiding Judge the court’s judge determined that the rapper’s song lyrics, which accused the artist and his associates of being "pedophiles", were "nonactionable opinion" and could not be considered defamatory.
Drake submitted the legal action in January, accusing UMG, the music company behind the two rappers, of defamatory conduct by permitting the track to be published and promoted, saying it spread a "false and malicious narrative".
Drake's spokesperson said he intended to appeal the decision. UMG said it was pleased with the result and was eager to resuming its work with the rapper.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in May 2024, was widely seen as the decisive blow in an continuing feud between the competing artists.
It has emerged as the biggest hit of Lamar's career, 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, the judge called the dispute between the rappers "the most infamous rap battle in the genre's history".
"The artists' seven-track rap battle was a 'war of words' that was the subject of extensive press coverage and online discourse," the court noted.
"While the claim that Drake is a child predator is certainly a grave allegation, 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 truthful statements about the claimant."
She also noted that, in an earlier song, the artist had "challenged Lamar to make the paedophilia accusations" that featured in the diss record.
On the track his own release, Drake used the AI-generated voice of the late rapper to suggest strategies on how to win the rap battle.
"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," stated Judge Vargas.
"The parallel in the phrasing suggests strongly that this line is a clear reference to Drake's lyrics in the prior song."
'An Affront to Artists'
The musician, whose legal name is Aubrey Drake Graham, did not name Lamar in the lawsuit.
His legal team accused UMG of initiating "an effort to generate a viral hit" out of a release that made the "untrue claim that Drake is a criminal paedophile, and to suggest that the public should turn to vigilante justice in response".
Deciding against the plaintiff, Judge Vargas said listeners would not expect "accurate factual reporting" from a musical attack "replete with profanity, trash-talking, violent implications, and exaggerated statements."
She highlighted that the rapper himself had used comparable rhetoric, referencing a lyric in which the star "heavily" suggested that "his opponent is a domestic abuser", and a separate instance where he "raps that he 'heard' that one of his rival’s children may not be his biological offspring."
Regarding Lamar's song, the court said: "Even seemingly factual claims may assume the character of subjective views... when made in open discourse, heated labour dispute, or similar situations in which an listener may expect the use of epithets, fiery rhetoric or hyperbole."
Reacting to the rejection, a label representative said: "From the outset, this case was an affront to all artists and their artistic freedom and never should have been filed."
"We're pleased with the court's dismissal and are eager to continuing our work successfully marketing Drake's music and supporting his artistic path," the representative added.
A representative for Drake said the artist planned to contest the decision, "and we await the Court of Appeals reviewing it".
Lamar has not yet issue a statement on the case.