Judge Dismisses Rapper Drake's Lawsuit Regarding Kendrick Lamar's Diss Track
A judge has dismissed Drake's defamation lawsuit against the music corporation over Kendrick Lamar’s song Not Like Us.
Judge the court’s judge determined that the rapper’s song lyrics, which accused Drake and his associates of being "pedophiles", were "nonactionable opinion" and could not be deemed libelous.
Drake submitted the lawsuit in January, accusing Universal Music Group, the record label behind both artists, of defamatory conduct by permitting the song to be published and promoted, saying it spread a "false and malicious narrative".
The artist’s spokesperson stated he planned to appeal the decision. UMG expressed it was satisfied with the result and was looking forward to continuing its collaboration with the musician.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in May 2024, was widely seen as the decisive blow in an continuing feud between the rival rappers.
It has become the biggest hit of Lamar's career, having won multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the dispute between the artists "the most infamous rap battle in the history of rap music".
"The artists' seven-track rap battle was a 'war of words' that was the focus of extensive press coverage and online discourse," the court wrote.
"While the accusation that plaintiff is a child predator is undoubtedly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and insulting claims hurled by both participants, would not incline the reasonable listener to believe that 'the track' conveys verifiable facts about the claimant."
She additionally observed that, in an previous track, Drake had "dared his rival to make the paedophilia accusations" that appeared in Not Like Us.
On the song Taylor Made Freestyle, Drake used the AI-generated voice of Tupac Shakur to suggest strategies on how to prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"Against this backdrop in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," stated the court.
"The similarity in the phrasing suggests strongly that this line is a clear reference to Drake's lyrics in the prior song."
'An Affront to Artists'
The musician, whose legal name is Aubrey Drake Graham, did not sue Lamar in the legal filing.
His lawyers alleged the label of initiating "an effort to create a viral hit" out of a track that made the "false factual allegation that the artist is a criminal paedophile, and to imply that the public should turn to extra-legal action in response".
Ruling against the plaintiff, Judge Vargas said fans would not expect "accurate factual reporting" from a diss track "replete with profanity, trash-talking, violent implications, and figurative and hyperbolic language."
She pointed out that the rapper himself had engaged in similar language, referencing a lyric in which the artist "heavily" implied that "Lamar is a spouse beater", and another where he "claims that he 'was told' that one of his rival’s children may not be biologically his."
Concerning the track in question, the court said: "Even apparent statements of fact may assume the character of statements of opinion... when made in public debate, intense arguments, or other circumstances in which an audience may expect the use of epithets, fiery rhetoric or hyperbole."
Responding to the dismissal, a label representative said: "From the beginning, this lawsuit was an insult to every creative and their artistic freedom and never should have been filed."
"We're pleased with the court's dismissal and look forward to continuing our partnership successfully marketing Drake's music and supporting his artistic path," the representative added.
A representative for the musician said the rapper intended to appeal the ruling, "and we await the appellate court reviewing it".
Kendrick Lamar has yet to comment on the legal matter.