Judge Dismisses Drake's Legal Case Over Kendrick Lamar's Diss Track
A court official has rejected the rapper Drake’s legal claim targeting Universal Music Group over Kendrick Lamar’s song Not Like Us.
Judge the court’s judge ruled that Lamar's song lyrics, which claimed the artist and his crew of being "certified paedophiles", were "nonactionable opinion" and cannot be deemed defamatory.
The Canadian rapper submitted the legal action in January, accusing UMG, the record label representing the two rappers, of defamatory conduct by permitting the song to be released and marketed, stating it spread a "false and malicious narrative".
Drake's representative stated he planned to challenge the ruling. UMG expressed it was pleased with the result and was eager to continuing its work with the rapper.
Context of the Hip-Hop Feud
The diss song, which was initially released in spring 2024, was broadly viewed as the final strike in an continuing feud between the rival rappers.
It has emerged as the biggest hit of Lamar's career, having won five Grammys and being one of the most-talked about highlights 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 history of rap music".
"The artists' seven-track rap battle was a 'war of words' that was the focus of extensive press coverage and digital debate," the judge noted.
"Although the claim that Drake is a pedophile is undoubtedly a grave allegation, the broader context of a intense musical rivalry, with provocative remarks and offensive accusations hurled by each artist, would not lead the average audience to believe that 'Not Like Us' imparts truthful statements about plaintiff."
She also noted that, in an earlier song, Drake had "dared his rival to make the pedophile claims" that appeared in Not Like Us.
On the song Taylor Made Freestyle, Drake used the synthetic vocals of the late rapper to suggest strategies on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the song proposed.
"It is in this context in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," stated the court.
"The similarity in the wording suggests strongly that this lyric 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 Drake Graham, did not sue Lamar in the legal filing.
His legal team accused UMG of launching "a campaign to create a viral hit" out of a track that made the "untrue claim that Drake is a criminal paedophile, and to suggest that the audience should turn to vigilante justice in response".
Ruling against the plaintiff, the judge said fans would not expect "truthful accounts" from a diss track "replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language."
She pointed out that Drake himself had engaged in comparable rhetoric, referencing a lyric in which the artist "strongly" implied that "his opponent is a spouse beater", and another where he "raps that he 'heard' that one of his rival’s children may not be biologically his."
Concerning the track in question, the court said: "Although seemingly factual claims may assume the character of statements of opinion... when made in open discourse, heated labour dispute, or similar situations in which an listener may anticipate the use of epithets, fiery rhetoric or hyperbole."
Reacting to the dismissal, a UMG representative said: "From the beginning, this lawsuit was an insult to all artists and their creative expression and should not have been filed."
"We are satisfied with the judge’s ruling and look forward to continuing our work successfully promoting Drake's music and supporting his artistic path," the spokesperson added.
A spokesperson for the musician said the rapper planned to contest the ruling, "and we await the Court of Appeals examining it".
Lamar has not yet comment on the case.