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A federal judge dismissed Drake’s lawsuit against UMG Recordings over Kendrick Lamar’s “Not Like Us,” ruling that a reasonable listener would not understand the song, in the context of the rap battle, as stating verifiable facts about Drake. The ruling was about the claims against UMG; Lamar was not a defendant in this action.
Who Drake sued—and what he alleged
Drake, whose legal name is Aubrey Drake Graham, sued UMG Recordings, Inc. in the U.S. District Court for the Southern District of New York. The dispute concerned UMG’s publication and promotion of Lamar’s recording “Not Like Us.” Kendrick Lamar was the artist whose song was at issue, but he was not a defendant in this case.
Drake’s complaint brought three claims: defamation, harassment in the second degree, and a claim under New York General Business Law § 349, the state’s consumer-protection law. Allegations in the complaint about UMG’s knowledge, motives, promotional conduct, or the meaning of the song were Drake’s claims—not findings that the court established as fact.
Why the court dismissed the case
Judge Jeannette A. Vargas granted UMG’s motion to dismiss. The court’s central conclusion was that the challenged language in “Not Like Us,” considered in the context of the dispute between the artists, would not be understood by a reasonable listener as conveying objective facts about Drake. The judge described the statements as nonactionable opinion.
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The opinion states that “a reasonable listener could not have concluded that ‘Not Like Us’ was conveying objective facts about Drake.” The context mattered: the court considered the recording as part of an adversarial rap battle in which both participants used incendiary language and offensive accusations, rather than treating the song’s words as isolated statements.
How courts distinguish fact from opinion
The opinion’s fact-versus-opinion analysis considered three related questions:
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- Meaning: Do the words have a precise meaning that listeners would readily understand?
- Verifiability: Could the statement be proven true or false?
- Context: Does the full communication and its broader social setting signal that the words are opinion rather than factual reporting?
Applying those considerations to this recording and its setting, the court concluded that a reasonable listener would not take “Not Like Us” as imparting verifiable facts about Drake. The ruling is specific to the challenged statements and their context; it does not establish that rap lyrics, diss tracks, or artistic expression are categorically exempt from defamation law.
What dismissal at this stage does—and does not—mean
UMG sought dismissal under Rule 12(b)(6), which asks whether a complaint states a legally sufficient claim. As the opinion explains, at this stage a court accepts well-pleaded allegations as true and draws reasonable inferences in favor of the party bringing the case. The judge nevertheless concluded that the claims could not proceed under the legal analysis applied to the recording.
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That disposition resolves the pleaded claims in the district court; it does not turn Drake’s allegations about UMG’s intent or conduct into proven facts. Nor is it a factual finding about the personal truth of the song’s accusations. The court’s stated basis was that the challenged statements, understood in context, were opinion rather than actionable assertions of fact.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What is known about an appeal
After the dismissal, the Associated Press reported that Drake’s legal team said it intended to appeal. UMG welcomed the dismissal and said it looked forward to continuing to promote Drake’s music and invest in his career; those were statements by the parties as reported by AP, not conclusions of the court.
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The available case information described here does not establish the appeal’s final disposition. The district court’s dismissal should therefore not be presented as an appellate ruling or as proof that the appeal was decided in either party’s favor.
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