Judge Dismisses Drake's Lawsuit Over Kendrick Lamar's Diss Track
A court official has rejected the rapper Drake’s legal claim targeting the music corporation concerning Kendrick Lamar's track the diss record.
Judge the court’s judge ruled that the rapper’s lyrics, which accused Drake and his crew of being "pedophiles", were "protected opinion" and could not be deemed defamatory.
Drake submitted the legal action in early this year, accusing UMG, the music company representing the two rappers, of defamation by allowing the track to be released and promoted, saying it spread a "false and malicious narrative".
Drake's spokesperson said he intended to challenge the ruling. UMG expressed it was satisfied with the result and was eager to resuming its collaboration with the rapper.
Context of the Rap Battle
Not Like Us, which was first dropped in May 2024, was widely seen as the final strike in an ongoing battle between the rival rappers.
It has emerged as the biggest hit of the rapper’s musical journey, having won multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the dispute between the artists "the most infamous rap battle in the history of rap music".
"The artists' seven-track rap battle was a 'war of words' that was the subject of extensive press coverage and online discourse," the court noted.
"While the claim that Drake is a pedophile is certainly a serious one, the broader context of a intense musical rivalry, with provocative remarks and offensive accusations hurled by each artist, would not lead the reasonable listener to believe that 'the track' conveys truthful statements about the claimant."
She also noted that, in an earlier song, Drake had "challenged his rival to make the paedophilia accusations" that featured in Not Like Us.
On the track his own release, Drake used the synthetic vocals 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 lines as 'Hey Drake, I’ve heard you prefer them young' must be assessed," stated the court.
"The similarity in the phrasing suggests strongly that this lyric is a direct callback to Drake's lyrics in the earlier release."
'An Affront to Artists'
Drake, whose legal name is Aubrey Graham, did not sue Lamar in the lawsuit.
His lawyers alleged the label of initiating "a campaign to generate a popular song" out of a track that made the "false factual allegation that Drake is a convicted predator, and to suggest that the audience should turn to extra-legal action in response".
Ruling against Drake, Judge Vargas said fans would not expect "truthful accounts" from a diss track "filled with vulgar language, insults, threats of violence, and exaggerated statements."
She pointed out that Drake himself had engaged in comparable rhetoric, referencing a lyric in which the star "heavily" implied that "Lamar is a spouse beater", and another where he "claims that he 'was told' that one of Lamar's sons may not be biologically his."
Regarding Lamar's song, the court said: "Even seemingly factual claims may take on the nature of statements of opinion... when made in public debate, heated labour dispute, or similar situations in which an audience may anticipate the use of slurs, fiery rhetoric or exaggeration."
Reacting to the rejection, a label representative said: "From the beginning, this lawsuit was an insult to all artists and their artistic freedom and should not have been filed."
"We are satisfied with the judge’s ruling and are eager to resuming our work effectively promoting the artist’s work and supporting his artistic path," the spokesperson continued.
A spokesperson for the musician said the artist planned to contest the ruling, "and we await the appellate court examining it".
Lamar has yet to comment on the case.