A federal judge has dismissed Drake's defamation lawsuit against Universal Music Group (UMG) over the distribution and promotion of Kendrick Lamar's diss song “Not Like Us.”
District Judge Janet Vargas dismissed the lawsuit, saying Lamar's “not like us” was an “unactionable opinion” that could not be considered defamation.
The feud between two of hip-hop's biggest stars erupted in the spring of 2024, when the two exchanged a series of songs, culminating in Lamar delivering the “metaphorical killing blow” with his megahit in May of that year, Vargas said in a written opinion Thursday.
“The fact that the recording took place during a rap battle is essential to assessing its impact on a rational listener,” Vargas wrote. “Even statements of obvious fact may take on the character of opinion statements when made in a public debate, heated labor dispute, or other context in which the audience expects the use of adjectives, heated rhetoric, or hyperbole.''
Although the song's lyrics clearly brand Drake as a pedophile, Vargas said no reasonable listener could conclude that “Not Like Us” conveys objective facts about the Canadian superstar.
“While the accusation that Plaintiff is a pedophile is certainly serious, given the broader context of a heated rap battle that included inflammatory language and offensive accusations hurled by both participants, no reasonable audience would be inclined to believe that 'Not Like Us' conveys verifiable facts about Plaintiff,” Vargas wrote.
Summing up “arguably the most infamous rap battle in the history of the genre,” Vargas pointed out that prior to “Not Like Us,” Drake mocked Lamar's height and shoe size and questioned his success on the song “Push Ups” in April 2024, while Lamar insulted Drake's fashion sense on “Euphoria” that same month.
From there, the insults escalated and became “vicious and personal,” Vargas wrote.
The judge said he reviewed the forums where the insults took place and concluded that the average listener does not believe that diss tracks are “the product of thoughtful or disinterested research and convey fact-checked and verifiable content to the public.”
After the ruling, a UMG spokesperson told Variety: “This lawsuit was an insult to all artists and their creative expression from the beginning and should never have seen the light of day. We are pleased with the court's dismissal and look forward to continuing to work to successfully promote Drake's music and invest in his career.”
A representative for Drake told the outlet that he plans to appeal Thursday's ruling and “looks forward to the Court of Appeal reviewing the decision.”
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“Not Like Us,” which Vargas described as “a catchy beat and a propulsive bassline,” was one of the biggest songs of 2024.
The song won Record of the Year and Song of the Year at the Grammy Awards, and this year's Super Bowl halftime show was the most-watched in history, with fans speculating whether Lamar would actually perform the song. (He did, but the lyrics were changed.)
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In January, Drake filed a defamation lawsuit against UMG, the record label that signs rival Lamar.
According to the New York Times, the Toronto rapper cited the release of Lamar's diss track as an example of “corporate greed for the safety and well-being of artists.”
Drake's team said in the filing that diss tracks targeting the Canadian rapper are promoting a “false and malicious narrative” that Drake is a pedophile. The filing states that Drake is “not a pedophile” and has “never engaged in any behavior that would warrant 'neighborhood watch.'”
“Drake has never had sexual relations with a minor. Drake has never been charged with or convicted of any criminal offense,” the complaint states.
The lawsuit also details a shooting at Drake's home days after the song was released, in which a security guard was seriously injured.
“During the nearly 30 minutes it took for the ambulance to arrive, Drake and others made efforts to keep the man alive, including applying towel pressure to the gunshot wound. There was blood everywhere,” the filing said.
According to the complaint, nothing like this has ever happened to Drake or his family in the 20 years he has worked in the music industry.
The complaint also said UMG's actions were responsible for multiple attempted home invasions that occurred after the song's release.
“Due to the apparent physical threats to Drake's safety and the attacks of online harassment, Drake is concerned for the safety and security of himself, his family, and his friends,” the complaint says.
Drake's team clarified that the lawsuit was not directed at Lamar, and specifically placed responsibility on Universal for the song's release, distribution, and promotion.
“This lawsuit is not about the artist who created 'Not Like Us,'” the lawsuit says. “Rather, this is entirely about UMG. UMG made the decision to publish, promote, exploit, and monetize claims that it knew were not only false, but dangerous.”
The feud between Drake and Lamar is one of the biggest in hip-hop in recent years, and it centers on two of the genre's biggest stars.
The two had an occasional partnership over a decade ago, but Lamar began taking public jabs at Drake in 2013. The dispute escalated quickly early last year.
— With files from The Associated Press
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