Judge Dismisses Rapper Drake's Lawsuit Regarding Kendrick Lamar's Diss Track
A judge has dismissed Drake's defamation lawsuit against Universal Music Group concerning Kendrick Lamar's track the diss record.
Judge Jeannette Vargas determined that the rapper’s lyrics, which claimed Drake and his associates of being "certified paedophiles", were "protected opinion" and cannot be considered defamatory.
Drake filed the lawsuit in January, accusing Universal Music Group, the music company representing both artists, of defamation by permitting the song to be released and marketed, stating it disseminated a "untrue and harmful story".
Drake's representative stated he planned to appeal the decision. Universal Music Group expressed it was satisfied with the outcome and was eager to continuing its collaboration with the musician.
Context of the Rap Battle
Not Like Us, which was first dropped in May 2024, was broadly viewed as the final strike in an ongoing battle between the rival rappers.
It has become the biggest hit of the rapper’s career, having won five Grammys and being one of the most-talked about moments of his Super Bowl performance in February.
In a 38-page order, Judge Vargas called the dispute between the artists "the most infamous rap battle in the genre's history".
"Both rappers’ seven-track rap battle was a 'war of words' that was the subject of extensive press coverage and digital debate," the court wrote.
"Although the claim 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 exchanged by each artist, would not incline the reasonable listener to believe that 'Not Like Us' imparts truthful statements about the claimant."
She also noted that, in an earlier song, the artist had "dared his rival to make the paedophilia accusations" that featured in Not Like Us.
On the song 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 song suggested.
"Against this backdrop in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote Judge Vargas.
"The parallel in the phrasing 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 Lamar in the legal filing.
His legal team accused UMG of launching "a campaign to generate a popular song" out of a track that made the "untrue claim that Drake is a criminal paedophile, and to imply that the audience should turn to extra-legal action in response".
Deciding against Drake, the judge said listeners would not expect "accurate factual reporting" from a diss track "replete with vulgar language, trash-talking, violent implications, and figurative and hyperbolic language."
She pointed out that the rapper himself had used comparable rhetoric, quoting a line in which the artist "heavily" implied that "his opponent is a domestic abuser", and a separate instance where he "claims that he 'was told' that one of his rival’s sons may not be biologically his."
Regarding Lamar's song, Judge Vargas said: "Even seemingly factual claims may assume the character of statements of opinion... when made in public debate, heated labour dispute, or similar situations in which an listener may expect the use of epithets, passionate language or hyperbole."
Reacting to the dismissal, a label representative 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 are satisfied with the judge’s ruling and look forward to continuing our work effectively promoting the artist’s work and supporting his career," the spokesperson added.
A representative for the musician said the artist planned to appeal the decision, "and we await the appellate court examining it".
Lamar has yet to issue a statement on the case.