Judge Dismisses Drake's Lawsuit Over Kendrick Lamar’s Hit Diss Track
A judge has dismissed Drake's legal claim targeting Universal Music Group over Kendrick Lamar's track the diss record.
Presiding Judge the court’s judge ruled that the rapper’s song lyrics, which claimed the artist and his associates of being "pedophiles", were "protected opinion" and could not be considered defamatory.
Drake submitted the legal action in January, claiming Universal Music Group, the music company representing the two rappers, of defamation by permitting the song to be released and promoted, saying it disseminated a "false and malicious narrative".
Drake's representative stated he intended to appeal the decision. Universal Music Group said it was satisfied with the result and was looking forward to resuming its work with the musician.
Background of the Rap Battle
Not Like Us, which was first dropped in May 2024, was broadly viewed as the decisive blow in an ongoing battle between the rival rappers.
It has emerged as the most successful track of Lamar's career, having won five Grammys and being one of the most-discussed highlights of his Super Bowl half-time show in February.
In a detailed ruling, Judge Vargas called the dispute between the rappers "the most notorious hip-hop feud in the genre's history".
"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the focus of extensive press coverage and online discourse," the court noted.
"While the claim that plaintiff is a child predator is undoubtedly a serious one, the broader context of a intense musical rivalry, with incendiary language and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that 'the track' conveys verifiable facts about plaintiff."
She additionally observed that, in an previous track, the artist had "dared Lamar to make the pedophile claims" that featured in Not Like Us.
On the track Taylor Made Freestyle, Drake used the AI-generated voice of the late rapper to suggest strategies on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the track suggested.
"Against this backdrop in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote Judge Vargas.
"The parallel in the wording strongly indicates that this line is a direct callback to Drake's lyrics in the prior song."
'A Slap in the Face to Creatives'
The musician, whose real name is Aubrey Graham, did not name his rival in the lawsuit.
His legal team alleged the label of initiating "a campaign to create a popular song" out of a release that made the "false factual allegation that the artist is a convicted predator, and to suggest that the audience should turn to extra-legal action in retaliation".
Deciding against Drake, the judge said fans would not expect "truthful accounts" from a musical attack "replete with vulgar language, trash-talking, threats of violence, and figurative and hyperbolic language."
She pointed out that the rapper himself had engaged in comparable rhetoric, referencing a line in which the artist "heavily" suggested that "his opponent is a spouse beater", and a separate instance where he "claims that he 'was told' that one of his rival’s sons may not be biologically his."
Concerning the track in question, Judge Vargas said: "Even apparent statements of fact may assume the character of subjective views... when made in public debate, intense arguments, or other circumstances in which an audience may expect the use of epithets, fiery rhetoric or exaggeration."
Responding to the rejection, a UMG representative said: "From the outset, this case was an affront to every creative and their creative expression and never should have been filed."
"We're pleased with the judge’s ruling and look forward to resuming our work effectively marketing the artist’s work and investing in his career," the spokesperson continued.
A spokesperson for Drake said the rapper intended to contest the ruling, "and we look forward to the appellate court examining it".
Lamar has not yet issue a statement on the case.