Court Dismisses Drake's Legal Case Regarding Kendrick Lamar's Diss Track
A court official has rejected the rapper Drake’s defamation lawsuit targeting Universal Music Group over Kendrick Lamar’s song Not Like Us.
Presiding Judge Jeannette Vargas determined that Lamar's song lyrics, which claimed the artist and his associates of being "certified paedophiles", were "protected opinion" and could not be considered defamatory.
Drake submitted the lawsuit in early this year, accusing Universal Music Group, the music company representing the two rappers, of defamation by allowing the song to be released and marketed, stating it disseminated a "false and malicious narrative".
The artist’s representative said he intended to appeal the decision. UMG said it was pleased with the outcome and was eager to resuming its collaboration with the musician.
Context of the Rap Battle
The diss song, which was initially released in May 2024, was widely seen as the decisive blow in an continuing feud between the competing artists.
It has emerged as the biggest hit of the rapper’s musical journey, having received five Grammys and being one of the most-talked about highlights of his Super Bowl half-time show in February.
In a 38-page order, Judge Vargas called the dispute between the rappers "the most notorious hip-hop feud in the genre's history".
"Both rappers’ series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and digital debate," the court noted.
"While the claim that Drake is a child predator is undoubtedly a grave allegation, the wider backdrop 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' imparts truthful statements about the claimant."
She also noted that, in an earlier song, the artist had "dared Lamar to make the paedophilia accusations" that featured in Not Like Us.
On the song Taylor Made Freestyle, the rapper used the AI-generated voice of the late rapper to give Lamar advice on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the song proposed.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," stated the court.
"The parallel in the phrasing suggests strongly that this line is a direct callback to Drake's lyrics in the earlier release."
'An Affront to Artists'
The musician, whose real name is Aubrey Graham, did not sue Lamar in the legal filing.
His legal team accused UMG of launching "an effort to generate a popular song" out of a track that made the "untrue claim that the artist is a convicted predator, and to suggest that the audience should turn to vigilante justice in retaliation".
Ruling against the plaintiff, the judge said listeners would not expect "truthful accounts" from a musical attack "filled with vulgar language, trash-talking, violent implications, and figurative and hyperbolic language."
She pointed out that the rapper himself had engaged in comparable rhetoric, referencing a lyric in which the artist "heavily" suggested that "his opponent is a domestic abuser", and a separate instance where he "raps that he 'heard' that one of his rival’s sons may not be his biological offspring."
Concerning the track in question, the court said: "Although seemingly factual claims may take on the nature of subjective views... when made in open discourse, intense arguments, or other circumstances in which an audience may expect the use of epithets, passionate language or hyperbole."
Responding to the dismissal, a UMG spokesperson said: "From the beginning, this lawsuit was an affront to all artists and their creative expression and should not have been filed."
"We are satisfied with the court's dismissal and look forward to resuming our work successfully promoting Drake's music and supporting his career," the representative continued.
A representative for the musician said the rapper planned to appeal the decision, "and we look forward to the Court of Appeals examining it".
Kendrick Lamar has yet to comment on the case.