Judge dismisses Drake's "legally incoherent" "Not Like Us" suit against UMG

A federal judge dismissed Drake's suit over Kendrick Lamar's blockbuster diss track. 

Judge dismisses Drake's

Certified Lover Boy? Certified not going to trial.

A federal judge dismissed Drake’s lawsuit against Universal Music Group over Kendrick Lamar’s “Not Like Us” today. Per Billboard, Judge Jeannette Vargas found that the “seven-track rap battle” between the two rappers was a “war of words” with “incendiary language and offensive accusations” that wouldn’t lead any “reasonable listener” to accept the lyrics as fact. Drake initially sued UMG for defamation in January, claiming that Lamar’s insult against him—that he was a “certified pedophile”—in the diss track would stick in the minds of fans. Still, in the fine art of the rap battle, there must be room for hyperbole, she found. In addition to not violating the law, the judge found that some of Champagne Papi’s case was “legally incoherent.”

“The artists’ seven-track rap battle was a ‘war of words’ that was the subject of substantial media scrutiny and online discourse,” Judge Vargas wrote. “Although the accusation that plaintiff is a pedophile is certainly a serious one, the broader context of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that ‘Not Like Us’ imparts verifiable facts about plaintiff.”

Both Lamar and Drake “exchanged progressively caustic, inflammatory insults and accusations,” she wrote. In that context, in which Drake implied that “Lamar is a domestic abuser” and that “one of Lamar’s sons may not be biologically his,” the judge found “an audience may anticipate the use of epithets, fiery rhetoric or hyperbole rather than factual assertions.” Drake’s representatives did not immediately respond to the A.V. Club’s request for comment.

In the time since Drake filed the lawsuit, though, Lamar performed the song at the Super Bowl (where a massive crowd sang along to the not-legally-defamatory lyrics) and won five Grammys for it; Drake released “Gimme A Hug” for his $ome $exy $ongs 4 U album with PartyNextDoor. He also got some new abs.

UMG filed a motion for dismissal in March. “From the outset, this suit was an affront to all artists and their creative expression and never should have seen the light of day,” a UMG spokesperson told Billboard. “We’re pleased with the court’s dismissal and look forward to continuing our work successfully promoting Drake’s music and investing in his career.”

 
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