Judge Dismisses Rapper Drake's Lawsuit Regarding Kendrick Lamar's Diss Track
A court official has dismissed the rapper Drake’s legal claim against the music corporation over Kendrick Lamar's track Not Like Us.
Presiding Judge the court’s judge ruled that the rapper’s lyrics, which claimed the artist and his associates of being "pedophiles", were "nonactionable opinion" and could not be deemed defamatory.
The Canadian rapper submitted the lawsuit in January, claiming Universal Music Group, the record label behind both artists, of defamation by permitting the track to be released and promoted, saying it disseminated a "untrue and harmful story".
Drake's representative stated he planned to challenge the ruling. Universal Music Group expressed it was satisfied with the outcome and was looking forward to continuing its work with the rapper.
Context of the Rap Battle
The diss song, which was initially released in spring 2024, was broadly viewed as the decisive blow in an continuing feud between the rival rappers.
It has become the most successful track of the rapper’s musical journey, having won five Grammys and being one of the most-discussed highlights of his Super Bowl half-time show in February.
In a 38-page order, Judge Vargas called the row between the rappers "the most infamous rap battle in the history of rap music".
"The artists' series of diss tracks was a 'war of words' that was the subject of substantial media scrutiny and digital debate," the court noted.
"While the accusation that plaintiff is a child predator is certainly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and offensive accusations exchanged by both participants, would not incline the reasonable listener to believe that 'the track' conveys verifiable facts about the claimant."
She also noted that, in an previous track, Drake had "dared his rival to make the pedophile claims" that featured in the diss record.
On the track his own release, the rapper used the AI-generated voice of the late rapper to suggest strategies on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the track proposed.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The parallel in the wording strongly indicates that this lyric is a clear reference to Drake's lyrics in the earlier release."
'A Slap in the Face to Creatives'
The musician, whose real name is Aubrey Drake Graham, did not name Lamar in the legal filing.
His lawyers alleged UMG of initiating "an effort to create a popular song" out of a release that made the "untrue claim that Drake is a convicted predator, and to suggest that the audience should resort to vigilante justice in retaliation".
Ruling against Drake, Judge Vargas said listeners would not expect "truthful accounts" from a diss track "filled with vulgar language, insults, violent implications, and exaggerated statements."
She highlighted that Drake himself had used similar language, referencing a lyric in which the artist "strongly" suggested that "his opponent is a domestic abuser", and a separate instance where Drake "raps that he 'was told' that one of Lamar's children may not be his biological offspring."
Regarding Lamar's song, Judge Vargas said: "Although seemingly factual claims may assume the character of statements of opinion... when made in open discourse, intense arguments, or similar situations in which an listener may expect the use of epithets, passionate language or hyperbole."
Reacting to the rejection, a UMG spokesperson said: "From the beginning, this lawsuit was an insult to every creative and their creative expression and should not have been filed."
"We're pleased with the judge’s ruling and look forward to continuing our partnership successfully marketing the artist’s work and investing in his artistic path," the spokesperson added.
A spokesperson for the musician said the rapper planned to contest the decision, "and we await the appellate court examining it".
Lamar has not yet issue a statement on the case.