Judge Throws Out Drake's Legal Case Over Kendrick Lamar's Diss Track
A judge has dismissed Drake's defamation lawsuit against Universal Music Group over Kendrick Lamar's track Not Like Us.
Judge the court’s judge ruled that Lamar's song lyrics, which claimed the artist and his associates of being "pedophiles", were "nonactionable opinion" and cannot be deemed defamatory.
Drake filed the lawsuit in early this year, accusing UMG, the record label representing both artists, of defamation by permitting the song to be published and marketed, stating it disseminated a "untrue and harmful story".
The artist’s representative said he planned to challenge the decision. UMG said it was satisfied with the result and was looking forward to resuming its collaboration with the musician.
Context of the Rap Battle
Not Like Us, which was initially released in spring 2024, was widely seen as the decisive blow in an ongoing battle between the competing artists.
It has emerged as the most successful track of Lamar's career, having received multiple Grammy awards and being one of the most-discussed moments of his Super Bowl performance in February.
In a 38-page order, the judge called the dispute between the rappers "the most notorious hip-hop feud in the history of rap music".
"The artists' series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and online discourse," the judge noted.
"While the accusation that Drake is a pedophile is certainly a grave allegation, the wider backdrop of a heated rap battle, with provocative remarks and offensive accusations exchanged by each artist, would not incline the reasonable listener to believe that 'Not Like Us' conveys verifiable facts about plaintiff."
She additionally observed that, in an earlier song, the artist had "challenged Lamar to make the paedophilia accusations" that featured in the diss record.
On the song his own release, Drake used the AI-generated voice of the late rapper to give Lamar advice on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the track suggested.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," stated Judge Vargas.
"The parallel in the wording strongly indicates that this line is a direct callback to the artist’s own words in the earlier release."
'A Slap in the Face to Creatives'
The musician, whose legal name is Aubrey Drake Graham, did not sue his rival in the lawsuit.
His lawyers accused the label of initiating "an effort to generate a viral hit" out of a release that made the "untrue claim that Drake is a criminal paedophile, and to imply that the public should resort to vigilante justice in response".
Ruling against the plaintiff, Judge Vargas said listeners would not expect "accurate factual reporting" from a musical attack "filled with profanity, insults, threats of violence, and figurative and hyperbolic language."
She pointed out that the rapper himself had engaged in comparable rhetoric, referencing a lyric in which the star "heavily" implied that "his opponent is a spouse beater", and a separate instance where Drake "claims that he 'was told' that one of Lamar's children may not be biologically his."
Concerning Lamar's song, Judge Vargas said: "Although seemingly factual claims may assume the character of statements of opinion... when made in open discourse, intense arguments, or similar situations in which an audience may anticipate the use of slurs, passionate language or hyperbole."
Responding to the dismissal, a label spokesperson said: "From the beginning, this lawsuit was an affront to all artists and their creative expression and should not have seen the light of day."
"We are satisfied with the court's dismissal and are eager to continuing our partnership successfully marketing the artist’s work and supporting his artistic path," the spokesperson added.
A representative for Drake said the artist intended to appeal the decision, "and we look forward to the Court of Appeals reviewing it".
Lamar has not yet issue a statement on the legal matter.