Court Dismisses Drake's Lawsuit Over Kendrick Lamar's Diss Track
A judge has dismissed Drake's legal claim targeting the music corporation over Kendrick Lamar’s song the diss record.
Judge Jeannette Vargas decided that the rapper’s lyrics, which accused the artist and his associates of being "certified paedophiles", were "nonactionable opinion" and cannot be considered libelous.
The Canadian rapper submitted the legal action in early this year, accusing Universal Music Group, the music company representing the two rappers, of defamation by permitting the track to be published and marketed, stating it spread a "false and malicious narrative".
The artist’s representative said he planned to challenge the ruling. UMG expressed it was satisfied with the result and was looking forward to continuing its work with the rapper.
Context of the Rap Battle
Not Like Us, which was initially released in May 2024, was widely seen as the decisive blow in an continuing feud between the competing artists.
It has become the most successful track of the rapper’s career, having won five Grammys and being one of the most-discussed highlights of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the row between the artists "the most notorious hip-hop feud in the history of rap music".
"Both rappers’ series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and digital debate," the judge noted.
"While the accusation that plaintiff is a child predator is undoubtedly a grave allegation, the wider backdrop of a intense musical rivalry, with provocative remarks and insulting claims hurled by each artist, would not lead the average audience to believe that 'Not Like Us' imparts truthful statements about the claimant."
She also noted that, in an earlier song, Drake had "challenged his rival to make the pedophile claims" that appeared in Not Like Us.
On the track his own release, Drake used the synthetic vocals 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 song proposed.
"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote the court.
"The parallel in the phrasing suggests strongly that this line is a clear reference to the artist’s own words in the prior song."
'An Affront to Artists'
The musician, whose real name is Aubrey Graham, did not name his rival in the lawsuit.
His legal team alleged UMG of initiating "an effort to generate a viral hit" out of a track that made the "false factual allegation that Drake is a convicted predator, and to imply that the audience should turn to extra-legal action in response".
Deciding against the plaintiff, Judge Vargas said fans would not expect "accurate factual reporting" from a musical attack "replete with profanity, insults, threats of violence, and exaggerated statements."
She highlighted that the rapper himself had used comparable rhetoric, referencing a line in which the star "strongly" suggested that "his opponent is a domestic abuser", and a separate instance where Drake "raps that he 'heard' that one of his rival’s children may not be his biological offspring."
Regarding the track in question, Judge Vargas said: "Although apparent statements of fact may take on the nature of statements of opinion... when made in public debate, intense arguments, or other circumstances in which an listener may expect the use of epithets, fiery rhetoric or exaggeration."
Responding to the rejection, a UMG representative said: "From the beginning, this lawsuit was an insult to every creative and their artistic freedom and should not have been filed."
"We're pleased with the court's dismissal and are eager to resuming our partnership successfully promoting 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 look forward to the Court of Appeals examining it".
Lamar has yet to issue a statement on the case.