A judge has dismissed the rapper Drake’s legal claim against Universal Music Group concerning Kendrick Lamar's track the diss record.
Judge Jeannette Vargas determined that Lamar's song lyrics, which claimed Drake and his associates of being "pedophiles", were "nonactionable opinion" and cannot be deemed libelous.
Drake filed the lawsuit in early this year, accusing Universal Music Group, the record label behind both artists, of defamatory conduct by permitting the song to be published and marketed, stating it disseminated a "false and malicious narrative".
The artist’s spokesperson said he intended to appeal the decision. Universal Music Group expressed it was satisfied with the outcome and was eager to resuming its work with the rapper.
Not Like Us, which was first dropped in May 2024, was broadly viewed as the final strike in an continuing feud between the rival rappers.
It has emerged as the most successful track of the rapper’s career, having received multiple Grammy awards and being one of the most-discussed moments of his Super Bowl performance in February.
In a 38-page order, Judge Vargas called the row between the rappers "the most notorious hip-hop feud in the history of rap music".
"Both rappers’ series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and online discourse," the judge noted.
"While the claim that plaintiff is a child predator is undoubtedly a serious one, the broader context of a heated rap battle, with provocative remarks and insulting claims hurled by each artist, would not lead the reasonable listener to believe that 'the track' imparts verifiable facts about the claimant."
She also noted that, in an earlier song, Drake 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 prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the song suggested.
"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated Judge Vargas.
"The similarity in the wording suggests strongly that this lyric is a clear reference to the artist’s own words in the earlier release."
Drake, whose real name is Aubrey Drake Graham, did not name Lamar in the legal filing.
His lawyers accused the label of initiating "an effort to generate a popular song" out of a release that made the "false factual allegation that the artist is a convicted predator, and to suggest that the public should turn to vigilante justice in retaliation".
Ruling against Drake, the judge said listeners would not expect "accurate factual reporting" from a diss track "replete with profanity, insults, violent implications, and exaggerated statements."
She pointed out that the rapper himself had used similar language, referencing a line in which the artist "strongly" suggested that "his opponent is a spouse beater", and a separate instance where Drake "raps that he 'was told' that one of his rival’s children may not be his biological offspring."
Concerning the track in question, Judge Vargas said: "Although seemingly factual claims may assume the character of statements of opinion... when made in public debate, intense arguments, or similar situations in which an listener may expect the use of epithets, fiery rhetoric or hyperbole."
Reacting to the dismissal, a label representative said: "From the beginning, this case was an insult to every creative and their artistic freedom and never should have seen the light of day."
"We're pleased with the court's dismissal and are eager to resuming our partnership successfully marketing Drake's music and investing in his career," the representative continued.
A spokesperson for Drake said the artist planned to contest the ruling, "and we look forward to the appellate court examining it".
Kendrick Lamar has yet to comment on the legal matter.
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