A judge has dismissed the rapper Drake’s defamation lawsuit targeting the music corporation over Kendrick Lamar’s track the diss record.
Presiding Judge the court’s judge determined that Lamar's lyrics, which claimed Drake and his associates of being "certified paedophiles", were "protected opinion" and could not be deemed libelous.
Drake submitted the legal action in January, claiming Universal Music Group, the music company representing both artists, of defamatory conduct by allowing the song to be published and marketed, stating it disseminated a "untrue and harmful story".
Drake's spokesperson stated he planned to challenge the decision. UMG expressed it was satisfied with the outcome and was looking forward to continuing its work with the musician.
Not Like Us, which was initially released in May 2024, was broadly viewed as the decisive blow in an continuing feud between the rival rappers.
It has become the most successful track of Lamar's career, having received five Grammys and being one of the most-discussed highlights of his Super Bowl performance in February.
In a 38-page order, the judge called the row between the rappers "the most notorious hip-hop feud in the history of rap music".
"The artists' series of diss tracks was a 'verbal conflict' that was the subject of substantial media scrutiny and digital debate," the judge noted.
"While the claim that Drake is a child predator is certainly a serious one, the broader context of a heated rap battle, with provocative remarks and offensive accusations hurled by each artist, would not incline the average audience to believe that 'the track' conveys truthful statements about plaintiff."
She also noted that, in an earlier song, the artist had "challenged his rival to make the paedophilia accusations" that appeared in Not Like Us.
On the track his own release, 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 proposed.
"It is in this context in which such lines as 'Say, Drake, I hear you like 'em young' must be evaluated," stated Judge Vargas.
"The parallel in the phrasing suggests strongly that this line is a clear reference to the artist’s own words in the earlier release."
Drake, whose real name is Aubrey Drake Graham, did not sue Lamar in the legal filing.
His lawyers accused UMG of initiating "a campaign to create a viral hit" out of a track that made the "untrue claim that Drake is a convicted predator, and to imply that the public should turn to vigilante justice in retaliation".
Deciding against Drake, the judge said fans would not expect "accurate factual reporting" from a musical attack "replete with profanity, insults, threats of violence, and figurative and hyperbolic language."
She pointed out that Drake himself had engaged in comparable rhetoric, quoting a lyric in which the artist "heavily" suggested that "his opponent is a spouse beater", and a separate instance where Drake "raps that he 'heard' that one of his rival’s children may not be his biological offspring."
Regarding Lamar's song, Judge Vargas said: "Although seemingly factual claims may assume the character of subjective views... when made in public debate, intense arguments, or other circumstances in which an listener may expect the use of epithets, fiery rhetoric or hyperbole."
Responding to the dismissal, a label representative said: "From the beginning, this case was an affront to all artists and their artistic freedom and should not have been filed."
"We're pleased with the court's dismissal and look forward to resuming our partnership effectively marketing the artist’s work and supporting his career," the representative continued.
A representative for Drake said the rapper planned to contest the decision, "and we look forward to the appellate court reviewing it".
Kendrick Lamar has not yet issue a statement on the case.
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Barry Roberts
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