Court Dismisses Drake's Legal Case Over Kendrick Lamar's Diss Track
A court official has dismissed Drake's defamation lawsuit targeting the music corporation over Kendrick Lamar’s track Not Like Us.
Presiding Judge Jeannette Vargas determined that Lamar's lyrics, which accused the artist and his associates of being "certified paedophiles", were "nonactionable opinion" and could not be considered libelous.
Drake filed the legal action in January, claiming UMG, the music company representing both artists, of defamatory conduct by permitting the song to be published and promoted, stating it disseminated a "false and malicious narrative".
Drake's representative said he intended to challenge the decision. UMG expressed it was pleased with the outcome and was eager to resuming its collaboration with the musician.
Background of the Rap Battle
The diss song, which was initially released in spring 2024, was broadly viewed as the final strike in an continuing feud between the rival rappers.
It has emerged as the most successful track of the rapper’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 row between the artists "the most notorious hip-hop feud in the history of rap music".
"The artists' series of diss tracks was a 'war of words' that was the focus of extensive press coverage and digital debate," the judge noted.
"While the accusation that Drake is a pedophile is certainly a serious one, the broader context of a intense musical rivalry, with incendiary language and insulting claims exchanged by both participants, would not lead the average audience to believe that 'Not Like Us' imparts truthful statements about the claimant."
She also noted that, in an earlier song, Drake had "challenged his rival to make the pedophile claims" that featured in the diss record.
On the song Taylor Made Freestyle, Drake used the AI-generated voice 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 song suggested.
"Against this backdrop in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," stated Judge Vargas.
"The similarity in the wording suggests strongly that this line is a direct callback to Drake's lyrics in the prior song."
'An Affront to Artists'
The musician, whose real name is Aubrey Graham, did not name his rival in the legal filing.
His lawyers accused UMG of initiating "a campaign to create a popular song" out of a track that made the "untrue claim that the artist is a convicted predator, and to suggest that the audience should resort to vigilante justice in response".
Deciding against the plaintiff, Judge Vargas said fans would not expect "accurate factual reporting" from a diss track "replete with profanity, trash-talking, violent implications, and figurative and hyperbolic language."
She pointed out that the rapper himself had engaged in comparable rhetoric, referencing a lyric in which the artist "heavily" suggested that "his opponent is a spouse beater", and another where Drake "raps that he 'was told' that one of Lamar's sons may not be his biological offspring."
Regarding Lamar's song, the court said: "Although seemingly factual claims may take on the nature of statements of opinion... when made in open discourse, intense arguments, or similar situations in which an listener may expect the use of slurs, fiery rhetoric or hyperbole."
Reacting to the dismissal, a UMG representative said: "From the beginning, this lawsuit was an affront to every creative and their artistic freedom and never should have seen the light of day."
"We are satisfied with the court's dismissal and look forward to resuming our partnership effectively marketing the artist’s work and supporting his artistic path," the representative added.
A spokesperson for Drake said the rapper planned to appeal the ruling, "and we look forward to the Court of Appeals examining it".
Lamar has yet to issue a statement on the case.