Court Throws Out Drake's Lawsuit Regarding Kendrick Lamar's Diss Track
A judge has dismissed the rapper Drake’s defamation lawsuit against Universal Music Group concerning Kendrick Lamar’s track the diss record.
Judge the court’s judge ruled that the rapper’s song lyrics, which claimed the artist and his crew of being "pedophiles", were "nonactionable opinion" and could not be deemed defamatory.
Drake submitted the legal action in January, accusing Universal Music Group, the music company behind both artists, of defamatory conduct by permitting the song to be released and marketed, stating it disseminated a "untrue and harmful story".
Drake's spokesperson said he planned to appeal the decision. UMG said it was satisfied with the outcome and was looking forward to resuming its work with the musician.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in May 2024, was widely seen as the final strike in an continuing feud between the competing artists.
It has become the biggest hit of the rapper’s career, having won multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl performance in February.
In a 38-page order, the judge called the dispute between the rappers "the most notorious hip-hop feud in the genre's history".
"The artists' seven-track rap battle was a 'war of words' that was the subject of extensive press coverage and online discourse," the judge wrote.
"While the accusation that plaintiff is a child predator is undoubtedly a grave allegation, the broader context of a heated rap battle, with provocative remarks and insulting claims hurled by both participants, would not lead the reasonable listener to believe that 'the track' conveys truthful statements about the claimant."
She also noted that, in an previous track, Drake 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 suggest strategies on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the track suggested.
"Against this backdrop in which such lines as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The parallel in the wording suggests strongly that this line is a direct callback to the artist’s own words in the prior song."
'An Affront to Artists'
The musician, whose legal name is Aubrey Drake Graham, did not sue Lamar in the legal filing.
His legal team alleged UMG of initiating "an effort to create a viral hit" out of a track that made the "false factual allegation that the artist is a convicted predator, and to imply that the audience should resort to vigilante justice in response".
Deciding against the plaintiff, the judge said fans would not expect "accurate factual reporting" from a musical attack "filled with vulgar language, trash-talking, threats of violence, and figurative and hyperbolic language."
She pointed out that the rapper himself had engaged in similar language, quoting a line in which the artist "strongly" implied that "Lamar is a domestic abuser", and another where he "claims that he 'was told' that one of Lamar's sons may not be his biological offspring."
Regarding Lamar's song, Judge Vargas said: "Although seemingly factual claims may take on the nature of statements of opinion... when made in open discourse, intense arguments, or other circumstances in which an audience may anticipate the use of epithets, fiery rhetoric or exaggeration."
Reacting to the rejection, a label representative said: "From the outset, this lawsuit was an affront to all artists and their artistic freedom and never should have been filed."
"We're pleased with the court's dismissal and are eager to continuing our partnership successfully marketing the artist’s work and investing in his career," the spokesperson continued.
A spokesperson for Drake said the artist intended to appeal the ruling, "and we look forward to the Court of Appeals examining it".
Kendrick Lamar has not yet comment on the case.