Drake Files Appeal After Court Dismissed Defamation Lawsuit Over Kendrick Lamar's 'Not Like Us'

Three weeks after the court dismissed Drake‘s defamation lawsuit against Universal Music Group (UMG) over Kendrick Lamar‘s diss track “Not Like Us,” the Toronto rapper has now filed an appeal.

What did the court say in its ruling against Drake defamation lawsuit against UMG?

As Variety reported, District Judge Jeannette Vargas dismissed Drake’s lawsuit on Oct. 9, saying that Lamar’s song is not considered defamatory because he made his comments about Drake in the midst of their rap battle.

“The fact that the Recording was made in the midst of a rap battle is essential to assessing its impact on a reasonable listener,” the judge wrote, according to Variety. “Even apparent statements of fact may assume the character of statements of opinion… when made in public debate, heated labor dispute, or other circumstances in which an audience may anticipate the use of epithets, fiery rhetoric or hyperbole.”

Judge Vargas added that the average listener wouldn’t take Lamar’s lyrics as facts, even when he referred to Drake as a pedophile.

“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,” Judge Vargas wrote, per the Associated Press.

Drake’s lawyers, however, say they look forward to the Court of Appeals reviewing their case.

What did Drake allege in his defamation lawsuit against UMG?

In his lawsuit against UMG, Drake said the label has been promoting Lamar’s diss track despite the so-called damaging statements heard throughout the Grammy-winning song.

Although the lawsuit doesn’t name Lamar outright, Drake accused him of damaging his reputation and affecting his brand. UMG, however, denied the allegations.

“From the outset, this suit was an affront to all artists and their creative expression and never should have seen the light of day,” the label said in a statement, per the Associated Press. “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.”