Judge Throws Out Rapper Drake's Legal Case Regarding Kendrick Lamar’s Hit Diss Track
A judge has dismissed Drake's legal claim targeting Universal Music Group over Kendrick Lamar’s song the diss record.
Presiding Judge Jeannette Vargas determined that the rapper’s song lyrics, which claimed Drake and his crew of being "pedophiles", were "protected opinion" and could not be deemed defamatory.
Drake filed the legal action in January, accusing UMG, the record label representing the two rappers, of defamatory conduct by permitting the track to be released and marketed, saying it spread a "false and malicious narrative".
Drake's representative said he intended to appeal the decision. UMG said it was satisfied with the outcome and was looking forward to resuming its collaboration with the rapper.
Context of the Hip-Hop Feud
Not Like Us, which was first dropped in spring 2024, was widely seen as the final strike in an ongoing battle between the competing artists.
It has become the most successful track of the rapper’s musical journey, having received multiple Grammy awards and being one of the most-talked about moments of his Super Bowl performance in February.
In a detailed ruling, the judge called the row between the artists "the most infamous rap battle in the history of rap music".
"Both rappers’ seven-track rap battle was a 'war of words' that was the focus of substantial media scrutiny and online discourse," the court noted.
"While the accusation that plaintiff is a child predator is undoubtedly a serious one, the wider backdrop of a intense musical rivalry, with incendiary language and insulting claims hurled by both participants, would not lead the reasonable listener to believe that 'Not Like Us' imparts truthful statements about the claimant."
She also noted that, in an earlier song, the artist had "dared his rival to make the paedophilia accusations" that appeared in Not Like Us.
On the song Taylor Made Freestyle, the rapper used the synthetic vocals of Tupac Shakur to suggest strategies on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the track suggested.
"Against this backdrop in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," stated Judge Vargas.
"The parallel in the phrasing strongly indicates that this line is a direct callback to Drake's lyrics in the prior song."
'An Affront to Artists'
Drake, whose real name is Aubrey Graham, did not sue Lamar in the lawsuit.
His lawyers alleged the label of launching "a campaign to create a viral hit" out of a release that made the "untrue claim that Drake is a convicted predator, and to imply that the audience should resort to vigilante justice in retaliation".
Deciding against the plaintiff, Judge Vargas said fans would not expect "truthful accounts" from a musical attack "filled with vulgar language, trash-talking, threats of violence, and figurative and hyperbolic language."
She highlighted that Drake himself had used similar language, quoting a line in which the artist "strongly" implied that "his opponent is a spouse beater", and a separate instance where he "claims that he 'was told' that one of his rival’s sons may not be his biological offspring."
Regarding Lamar's song, Judge Vargas 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 listener may anticipate the use of slurs, fiery rhetoric or hyperbole."
Responding to the dismissal, a UMG spokesperson said: "From the beginning, this case was an affront to every creative 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 resuming our partnership successfully marketing Drake's music and investing in his career," the representative continued.
A spokesperson for Drake said the rapper planned to contest the ruling, "and we await the appellate court examining it".
Lamar has not yet issue a statement on the case.