Court Throws Out Drake's Lawsuit Over Kendrick Lamar's Diss Track
A judge has dismissed the rapper Drake’s defamation lawsuit targeting the music corporation over Kendrick Lamar's song Not Like Us.
Judge the court’s judge decided that the rapper’s lyrics, which claimed the artist and his crew of being "pedophiles", were "nonactionable opinion" and could not be deemed libelous.
Drake submitted the legal action in January, accusing Universal Music Group, the music company behind both artists, of defamation by permitting the song to be published and marketed, saying it disseminated a "untrue and harmful story".
The artist’s spokesperson stated he planned to appeal the ruling. Universal Music Group expressed it was pleased with the result and was looking forward to resuming 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 continuing feud between the competing artists.
It has become the most successful track of Lamar's musical journey, having won multiple Grammy awards 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 rappers "the most notorious hip-hop feud in the history of rap music".
"The artists' seven-track rap battle was a 'verbal conflict' that was the focus of substantial media scrutiny and digital debate," the judge wrote.
"Although the claim that plaintiff is a child predator is undoubtedly a grave allegation, the broader context of a intense musical rivalry, with incendiary language and offensive accusations hurled by each artist, 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, Drake had "dared his rival to make the paedophilia accusations" that appeared in the diss record.
On the track his own release, Drake used the AI-generated voice 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 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 the artist’s own words in the prior song."
'An Affront to Artists'
Drake, whose legal name is Aubrey Drake Graham, did not name his rival in the legal filing.
His legal team alleged UMG of launching "an effort to create a viral hit" out of a release that made the "untrue claim that the artist is a convicted predator, and to suggest that the audience should turn to extra-legal action in response".
Deciding against Drake, Judge Vargas said listeners would not expect "truthful accounts" from a diss track "replete with vulgar language, insults, violent implications, and exaggerated statements."
She pointed out that Drake himself had used comparable rhetoric, referencing a line in which the star "heavily" implied that "his opponent is a spouse beater", and a separate instance where he "claims that he 'heard' that one of his rival’s sons may not be biologically his."
Concerning Lamar's song, the court said: "Even seemingly factual claims may take on the nature of subjective views... when made in open discourse, heated labour dispute, or similar situations in which an audience may expect the use of epithets, passionate language or hyperbole."
Responding to the rejection, a UMG spokesperson said: "From the outset, this lawsuit was an insult to every creative and their creative expression and should not have seen the light of day."
"We are satisfied with the court's dismissal and look forward to resuming our work successfully promoting Drake's music and supporting his artistic path," the spokesperson continued.
A spokesperson for Drake said the rapper intended to contest the ruling, "and we await the appellate court reviewing it".
Lamar has not yet issue a statement on the case.