Drake is making another flurry in his legal fight over "Not Like Us," filing a detailed brief in his appeal against Universal Music Group for their release of Kendrick Lamar's "Not Like Us" diss track, after his initial attempt to sue UMG for defamation was dismissed by a federal judge.
In newly filed court documents, Drake's legal team reiterates some points they made in their initial brief in January, and added some new ones as well.
Drizzy argues that the case was wrongly dismissed and that the song should not be treated as harmless rap commentary. Instead, they claim the track presents a false allegation that Drake is a “criminal pedophile,” citing lyrics they say cross the line from exaggeration to defamation.
According to the filing, the issue isn't just the lyrics themselves but how they were packaged and distributed. Drake's team contends that the song, along with its artwork and video, pushed a consistent narrative that could be interpreted as factual by a broader audience, not just hip-hop listeners familiar with diss culture.
Drake also takes aim at Universal Music Group's role, accusing the label of aggressively promoting the record, thereby amplifying the alleged claims and damaging Aubrey’s reputation. The appeal argues that this kind of rollout blurred the line between entertainment and factual assertion, increasing the potential for harm.
A major focus of the filing is the precedent set by the original dismissal. Drake's attorneys warn that allowing the ruling to stand could create a sweeping standard under which statements made in rap diss tracks are automatically deemed opinion, effectively shielding artists and labels from defamation claims regardless of context.
That interpretation directly challenges the earlier decision by a federal judge, who ruled that the song's lyrics were "nonactionable opinion" delivered in the context of a heated rap feud, and therefore unlikely to be taken as literal fact.
Drake's team disagrees, arguing that context alone shouldn't override how the content is received, especially when it reaches massive audiences outside of hip-hop's core fanbase.
Drizzy argues that to think about the track as only one part of a bigger battle is mistaken. Because “Not Like Us” was so much more popular than every other song in the exchange, he claims, a “reasonable listener” — the standard the judge used — would consider that song all by itself, and only a “rap superfan” would have heard the other tracks.
Specifically, the brief mentions Drake’s “Taylor Made Freestyle,” saying that the track was was “far less popular” than “Not Like Us,” in part it was only available online for a week before being taken down, and thus had a “limited listenership.” The case’s original judge had said that some parts of “Not Like Us” would be interpreted by listeners as a “callback” to parts of Drizzy’s song.
The next step in Drake’s appeal will be oral arguments, where lawyers from both sides will be questioned by a panel of appellate judges. A date for that has not yet been set.
