A judge has rejected the rapper Drake’s defamation lawsuit targeting Universal Music Group concerning Kendrick Lamar's song the diss record.
Judge Jeannette Vargas determined that the rapper’s song lyrics, which claimed the artist and his associates of being "certified paedophiles", were "protected opinion" and could not be deemed libelous.
The Canadian rapper filed the lawsuit in January, claiming Universal Music Group, the record label representing the two rappers, of defamatory conduct by allowing the track to be published and marketed, stating it spread a "untrue and harmful story".
The artist’s spokesperson said he planned to appeal the ruling. Universal Music Group said it was satisfied with the outcome and was eager to continuing its work with the rapper.
Not Like Us, which was first dropped in spring 2024, was broadly viewed as the decisive blow in an ongoing battle between the competing artists.
It has become the biggest hit of Lamar's musical journey, 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, the judge called the row between the artists "the most infamous rap battle in the history of rap music".
"Both rappers’ series of diss tracks was a 'war of words' that was the focus of extensive press coverage and digital debate," the court noted.
"While the claim that Drake is a pedophile is certainly a serious one, the broader context of a intense musical rivalry, with provocative remarks and insulting claims hurled by both participants, would not incline the average audience to believe that 'the track' conveys truthful statements about the claimant."
She additionally observed that, in an earlier song, the artist had "dared his rival to make the pedophile claims" that featured in Not Like Us.
On the song his own release, Drake used the synthetic vocals of Tupac Shakur to give Lamar advice on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the song suggested.
"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated the court.
"The parallel in the wording strongly indicates that this lyric is a clear reference to Drake's lyrics in the prior song."
The musician, whose legal name is Aubrey Graham, did not sue his rival in the legal filing.
His legal team alleged the label of initiating "a campaign to create a popular song" out of a track that made the "untrue claim that the artist is a convicted predator, and to suggest that the public should turn to extra-legal action in response".
Deciding against Drake, Judge Vargas said listeners would not expect "accurate factual reporting" from a musical attack "replete with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She highlighted that Drake himself had engaged in similar language, referencing a lyric in which the artist "strongly" suggested that "his opponent is a spouse beater", and another where he "claims that he 'was told' that one of his rival’s children may not be biologically his."
Concerning the track in question, the court said: "Even seemingly factual claims may assume the character of statements of opinion... when made in public debate, intense arguments, or other circumstances in which an listener may anticipate the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a UMG representative said: "From the outset, this case was an insult to every creative and their creative expression and never should have been filed."
"We are satisfied with the judge’s ruling and look forward to continuing our work successfully promoting the artist’s work and supporting his artistic path," the representative added.
A spokesperson for the musician said the artist intended to appeal the ruling, "and we look forward to the Court of Appeals reviewing it".
Lamar has not yet comment on the legal matter.
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