Drake Can’t Take The Loss, Tries to Revive “Not Like Us” Lawsuit

The rap battle that turned into court drama continues as Drake and his lawyers filed an opening appellate brief on Wednesday, hoping to overturn the ruling that dismissed his defamation lawsuit over Kendrick Lamar’s “Not Like Us.”

According to Rolling Stone, who viewed the 60-page brief, Drake believes that Lamar took liberties like stating he is a “certified pedophile.” The Canadian rapper also claims that Universal Music Group “relentlessly” marketed the song in a way that caused him serious harm. 

“Drake also claims that the dismissal of his lawsuit could have far-reaching consequences. By ruling that rap diss tracks are nonactionable opinion, the lower court created a ‘dangerous categorical rule’ that would shield artists and labels from defamation liability regardless of how direct or damaging a statement might be, he argues,” Rolling Stone reports.  

Drake filed a notice of appeal on Nov. 12 in the U.S. Court of Appeals for the Second Circuit in Manhattan, which basically noted that he was going to challenge the Oct. 9 decision. In her ruling, U.S. District Court Judge Jeannette A. Vargas concluded that Lamar’s lyrics calling Drake a pedophile were “nonactionable opinion” rather than statements of fact.

“The issue in this case is whether ‘Not Like Us’ can reasonably be understood to convey as a factual matter that Drake is a pedophile or that he has engaged in sexual relations with minors,” Judge Vargas wrote, Rolling Stone reports. “In light of the overall context in which the statements in the recording were made, the court holds that it cannot.”

She added that the “broader context” of the song was “a heated rap battle, with incendiary language and offensive accusations hurled by both participants,” adding that it “would not incline the reasonable listener to believe that ‘Not Like Us’ imparts verifiable facts.”

But Drake’s camp believes that Lamar’s smash repeatedly refers to the rapper as a pedophile, along with the “ubiquitous cover art,” and subsequently released viral video, creating a false statement that should be decided in court. The rapper truly believes that “Not Like Us” defamed him and that a trial should decide the case. 

Drake also sued UMG last year, accusing them of promoting Lamar’s song in a way that “intended to convey the specific, unmistakable, and false factual allegation that Drake is a criminal pedophile.”

And UMG played Drake in their motion to dismiss noting that the “Plaintiff, one of the most successful recording artists of all time, lost a rap battle that he provoked and in which he willingly participated,” and they weren’t finished, adding,  “Instead of accepting the loss like the unbothered rap artist he often claims to be, he has sued his own record label in a misguided attempt to salve his wounds.”

The saga continues. 

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