Judge Throws Out Drake's Lawsuit Over Kendrick Lamar’s Hit Diss Track
A court official has rejected Drake's defamation lawsuit against Universal Music Group over Kendrick Lamar’s song the diss record.
Judge the court’s judge decided that the rapper’s song lyrics, which accused Drake and his associates of being "certified paedophiles", were "protected opinion" and could not be considered defamatory.
Drake filed the legal action in January, accusing UMG, the music company behind both artists, of defamation by permitting the track to be published and marketed, stating it disseminated a "false and malicious narrative".
Drake's representative stated he planned to appeal the ruling. Universal Music Group expressed it was pleased with the result and was looking forward to resuming its work with the musician.
Context of the Hip-Hop Feud
Not Like Us, which was initially released in May 2024, was broadly viewed as the decisive blow in an continuing feud between the competing artists.
It has emerged as the biggest hit of Lamar's career, having received multiple Grammy awards 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 row between the artists "the most infamous rap battle in the genre's history".
"Both rappers’ series of diss tracks was a 'verbal conflict' that was the subject of extensive press coverage and digital debate," the court noted.
"Although the accusation that Drake is a child predator is undoubtedly a grave allegation, the broader context of a intense musical rivalry, with provocative remarks and insulting claims exchanged by each artist, would not incline the reasonable listener to believe that 'the track' imparts verifiable facts about the claimant."
She additionally observed that, in an earlier song, the artist had "dared Lamar to make the pedophile claims" that featured in Not Like Us.
On the track Taylor Made Freestyle, the rapper used the AI-generated voice of the late rapper to give Lamar advice on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote Judge Vargas.
"The similarity 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 legal name is Aubrey Drake Graham, did not sue his rival in the lawsuit.
His lawyers alleged the label of initiating "an effort to generate a popular song" out of a release that made the "untrue claim that Drake is a criminal paedophile, and to imply that the audience should turn to vigilante justice in retaliation".
Deciding against Drake, the judge said listeners would not expect "accurate factual reporting" from a musical attack "replete with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She highlighted that Drake himself had engaged in similar language, quoting a line in which the star "heavily" implied that "Lamar is a domestic abuser", and a separate instance where he "claims that he 'heard' that one of his rival’s children may not be his biological offspring."
Regarding the track in question, Judge Vargas said: "Even apparent statements of fact may assume the character of subjective views... when made in open discourse, intense arguments, or other circumstances in which an listener may anticipate the use of epithets, fiery rhetoric or hyperbole."
Responding to the dismissal, a UMG spokesperson said: "From the outset, this lawsuit was an affront to all artists and their artistic freedom and never should have seen the light of day."
"We're pleased with the court's dismissal and look forward to continuing our work successfully promoting the artist’s work and supporting his career," the spokesperson continued.
A representative for Drake said the rapper intended to contest the decision, "and we await the appellate court examining it".
Lamar has not yet comment on the legal matter.