Judge Dismisses Drake's Lawsuit Regarding Kendrick Lamar's Diss Track
A court official has thrown out Drake's legal claim against Universal Music Group over Kendrick Lamar’s track the diss record.
Presiding Judge Jeannette Vargas decided that Lamar's song lyrics, which accused Drake and his crew of being "pedophiles", were "nonactionable opinion" and cannot be considered defamatory.
The Canadian rapper submitted the lawsuit in January, accusing Universal Music Group, the music company representing both artists, of defamation by permitting the track to be released and promoted, stating it spread a "false and malicious narrative".
Drake's spokesperson stated he intended to appeal the decision. Universal Music Group expressed it was pleased with the outcome and was looking forward to resuming its collaboration with the musician.
Background of the Rap Battle
Not Like Us, which was first dropped in spring 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 musical journey, 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, the judge called the dispute between the artists "the most infamous rap battle in the genre's history".
"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the focus of extensive press coverage and digital debate," the judge wrote.
"Although the claim that Drake is a pedophile is undoubtedly a serious one, the wider backdrop of a heated rap battle, with provocative remarks and offensive accusations exchanged by both participants, would not incline the reasonable listener to believe that 'Not Like Us' conveys truthful statements about the claimant."
She also noted that, in an previous track, the artist had "challenged Lamar to make the paedophilia accusations" that appeared in Not Like Us.
On the song Taylor Made Freestyle, the rapper used the synthetic vocals of the late rapper to give Lamar advice on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the track suggested.
"It is in this context in which such lines as 'Say, Drake, I hear you like 'em young' must be evaluated," stated the court.
"The parallel in the wording suggests strongly that this line is a clear reference to the artist’s own words in the earlier release."
'An Affront to Artists'
Drake, whose legal name is Aubrey Drake Graham, did not name his rival in the legal filing.
His legal team accused the label of launching "an effort to generate a viral hit" out of a release that made the "false factual allegation that the artist is a convicted predator, and to suggest that the public should resort to vigilante justice in response".
Ruling against the plaintiff, the judge said fans would not expect "accurate factual reporting" from a musical attack "filled with vulgar language, insults, violent implications, and figurative and hyperbolic language."
She highlighted that Drake himself had engaged in similar language, quoting a lyric in which the star "strongly" implied that "Lamar is a domestic abuser", and a separate instance where he "claims that he 'heard' that one of Lamar's sons may not be biologically his."
Concerning Lamar's song, the court said: "Although apparent statements of fact may take on the nature of subjective views... when made in public debate, intense arguments, or similar situations in which an listener may expect the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a label representative said: "From the outset, this lawsuit was an insult to all artists and their creative expression and never should have been filed."
"We are satisfied with the judge’s ruling and are eager to resuming our work successfully marketing the artist’s work and investing in his artistic path," the spokesperson continued.
A spokesperson for Drake said the rapper intended to contest the decision, "and we await the Court of Appeals reviewing it".
Kendrick Lamar has not yet issue a statement on the legal matter.