Court Throws Out Rapper Drake's Legal Case Over Kendrick Lamar’s Hit Diss Track
A judge has thrown out Drake's legal claim against the music corporation over Kendrick Lamar's track Not Like Us.
Presiding Judge Jeannette Vargas determined that Lamar's lyrics, which claimed the artist and his associates of being "certified paedophiles", were "protected opinion" and cannot be deemed libelous.
Drake submitted the legal action in early this year, accusing UMG, the record label behind both artists, of defamatory conduct by allowing the track to be published and marketed, stating it disseminated a "false and malicious narrative".
The artist’s representative stated he planned to challenge the decision. Universal Music Group said it was pleased with the result 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 competing artists.
It has emerged as the biggest hit of Lamar's career, having received five Grammys and being one of the most-talked about highlights of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the row between the rappers "the most infamous rap battle in the genre's history".
"Both rappers’ series of diss tracks was a 'war of words' that was the focus of substantial media scrutiny and online discourse," the judge noted.
"Although the accusation that plaintiff is a pedophile is certainly a grave allegation, the wider backdrop of a intense musical rivalry, with incendiary language and insulting claims hurled by each artist, would not incline the reasonable listener to believe that 'Not Like Us' imparts verifiable facts about plaintiff."
She also noted that, in an earlier song, the artist had "dared Lamar to make the pedophile claims" that featured in Not Like Us.
On the track his own release, Drake used the AI-generated voice of the late rapper to suggest strategies on how to win the rap battle.
"Suggest he has a preference for minors, consider that a tip," the song proposed.
"Against this backdrop in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote the court.
"The parallel in the phrasing suggests strongly that this lyric is a direct callback to Drake's lyrics in the prior song."
'A Slap in the Face to Creatives'
The musician, whose real name is Aubrey Graham, did not sue his rival in the legal filing.
His legal team alleged the label of initiating "a campaign to generate a viral hit" out of a release that made the "false factual allegation that the artist is a criminal paedophile, and to imply that the audience should turn to extra-legal action in response".
Ruling against the plaintiff, the judge said listeners would not expect "truthful accounts" from a musical attack "replete with profanity, trash-talking, threats of violence, and exaggerated statements."
She pointed out that Drake himself had engaged in similar language, quoting a line in which the star "heavily" implied that "his opponent is a domestic abuser", and a separate instance where he "claims that he 'was told' that one of Lamar's children may not be biologically his."
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 similar situations in which an audience may expect the use of epithets, fiery rhetoric or hyperbole."
Reacting to the rejection, a UMG representative said: "From the outset, this lawsuit was an affront to all artists and their creative expression and should not have seen the light of day."
"We are satisfied with the judge’s ruling and look forward to continuing our work successfully marketing Drake's music and supporting his artistic path," the representative added.
A spokesperson for the musician said the rapper planned to contest the ruling, "and we await the Court of Appeals reviewing it".
Kendrick Lamar has not yet issue a statement on the case.