A judge has delivered a decisive blow to Drake's defamation lawsuit against Universal Music Group (UMG) concerning Kendrick Lamar's hit track "Not Like Us." Judge Jeannette Vargas ruled that Lamar's lyrics, which branded Drake and his associates as "certified paedophiles," amounted to "nonactionable opinion" and could not be deemed defamatory.
Drake had lodged the lawsuit in January, accusing UMG—the record label representing both rappers—of defamation for permitting the song's release and promotion. He argued that it perpetuated a "false and malicious narrative." However, Drake's spokesperson has announced plans to appeal the ruling, while UMG expressed satisfaction with the outcome and its eagerness to continue collaborating with the Canadian superstar.
**A Lyrical Clash**
"Not Like Us," which dropped in May 2024, is widely regarded as the knockout punch in an escalating feud between the two rap titans. The track has catapulted to the pinnacle of Lamar's career, securing five Grammy Awards and becoming a highlight of his Super Bowl halftime show in February.
In a 38-page order, Judge Vargas described the feud as "the most infamous rap battle in the genre's history." "The artists' seven-track rap duel was a 'war of words' that drew intense media attention and sparked widespread online debate," the judge observed. "Although the accusation that the plaintiff is a paedophile is undoubtedly grave, the broader context of a fiery rap battle, replete with incendiary language and offensive allegations from both sides, would not lead a reasonable listener to believe that 'Not Like Us' conveys verifiable facts about the plaintiff."
The judge also highlighted that in an earlier track, Drake had "challenged Lamar to make the paedophilia accusations" featured in "Not Like Us." On "Taylor Made Freestyle," Drake employed an AI-generated voice of Tupac Shakur to offer Lamar advice on winning the rap battle. "Talk about him liking young girls, that's a gift from me," the song suggested. "It is in this context that lyrics like 'Say, Drake, I hear you like 'em young' must be evaluated," Judge Vargas wrote. "The similarity in phrasing strongly suggests that this line is a direct nod to Drake's lyrics in the prior song."
**An Affront to Creative Expression**
Drake, whose real name is Aubrey Graham, did not name Lamar as a defendant in the lawsuit. His legal team accused UMG of orchestrating "a campaign to create a viral hit" from a song that made the "false factual allegation that Drake is a criminal paedophile and suggested that the public should resort to vigilante justice in response."
In dismissing Drake's claims, Judge Vargas stated that listeners would not expect "accurate factual reporting" from a diss track "replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language." She pointed out that Drake himself had engaged in similar rhetoric, citing a lyric where he "heavily" implied that "Lamar is a domestic abuser," and another where Drake "raps that he 'heard' that one of Lamar's sons may not be biologically his."
Regarding Lamar's song, Judge Vargas remarked, "Even apparent statements of fact may assume the character of statements of opinion... when made in public debate, heated labour disputes, or other circumstances in which an audience may anticipate the use of epithets, fiery rhetoric, or hyperbole."
In response to the dismissal, a UMG spokesperson stated, "From the outset, this lawsuit was an affront 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 look forward to continuing our successful work promoting Drake's music and investing in his career," the spokesperson added.
A spokesperson for Drake confirmed the musician's intention to appeal the ruling, "and we look forward to the Court of Appeals reviewing it." Lamar has yet to comment on the case.
