Court Throws Out Rapper Drake's Lawsuit Over Kendrick Lamar’s Hit Diss Track
A judge has rejected Drake's legal claim against Universal Music Group concerning Kendrick Lamar’s song Not Like Us.
Judge Jeannette Vargas decided 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 defamatory.
The Canadian rapper filed the lawsuit in early this year, claiming Universal Music Group, the record label behind the two rappers, of defamation by allowing the song to be released and promoted, saying it disseminated a "false and malicious narrative".
Drake's spokesperson said he planned to appeal the decision. UMG said it was pleased with the outcome and was looking forward to continuing its collaboration with the rapper.
Background of the Rap Battle
The diss song, which was initially released in spring 2024, was widely seen as the final strike in an continuing feud between the rival rappers.
It has emerged as the biggest hit of Lamar's musical journey, having received five Grammys and being one of the most-talked about moments of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the dispute between the artists "the most notorious hip-hop feud in the history of rap music".
"The artists' series of diss tracks was a 'verbal conflict' that was the focus of extensive press coverage and digital debate," the court noted.
"While the accusation that Drake is a child predator is certainly a serious one, the broader context of a heated rap battle, with provocative remarks and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that 'the track' imparts verifiable facts about the claimant."
She additionally observed that, in an previous track, the artist had "challenged Lamar to make the pedophile claims" that appeared in Not Like Us.
On the song his own release, the rapper used the AI-generated voice of the late rapper to give Lamar advice on how to prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the track proposed.
"Against this backdrop in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," stated Judge Vargas.
"The similarity in the wording strongly indicates that this line is a direct callback to the artist’s own words in the earlier release."
'A Slap in the Face to Creatives'
The musician, whose real name is Aubrey Drake Graham, did not sue Lamar in the lawsuit.
His legal team alleged the label of initiating "a campaign to create a popular song" out of a release that made the "false factual allegation that the artist is a convicted predator, and to imply that the audience should resort to extra-legal action in response".
Deciding against the plaintiff, the judge said listeners would not expect "truthful accounts" from a diss track "replete with vulgar language, trash-talking, threats of violence, and figurative and hyperbolic language."
She pointed out that Drake himself had used comparable rhetoric, quoting a line in which the artist "strongly" suggested that "Lamar is a domestic abuser", and a separate instance where Drake "claims that he 'heard' that one of Lamar's sons may not be biologically his."
Regarding the track in question, Judge Vargas said: "Even apparent statements of fact may assume the character of subjective views... when made in public debate, intense arguments, or similar situations in which an audience may anticipate the use of slurs, fiery rhetoric or hyperbole."
Responding to the rejection, a UMG representative said: "From the outset, this case was an affront to all artists and their creative expression and never should have been filed."
"We are satisfied with the judge’s ruling and look forward to continuing our partnership successfully marketing Drake's music and supporting his career," the representative added.
A spokesperson for the musician said the rapper intended to appeal the decision, "and we await the Court of Appeals reviewing it".
Lamar has not yet comment on the legal matter.