Court Dismisses Rapper Drake's Legal Case Regarding Kendrick Lamar’s Hit Diss Track
A judge has rejected the rapper Drake’s legal claim targeting the music corporation over Kendrick Lamar’s song the diss record.
Judge the court’s judge decided that Lamar's song lyrics, which claimed the artist and his crew of being "pedophiles", were "nonactionable opinion" and cannot be deemed defamatory.
Drake filed the lawsuit in January, claiming Universal Music Group, the record label behind the two rappers, of defamatory conduct by allowing the song to be published and promoted, saying it disseminated a "untrue and harmful story".
The artist’s representative said he intended to appeal the decision. UMG expressed it was pleased with the result and was eager to continuing its work with the musician.
Context of the Rap Battle
Not Like Us, which was first dropped in spring 2024, was broadly viewed as the final strike in an ongoing battle between the rival rappers.
It has become the biggest hit of the rapper’s career, having received five Grammys and being one of the most-discussed highlights of his Super Bowl half-time show in February.
In a detailed ruling, Judge Vargas called the row between the artists "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 extensive press coverage and digital debate," the judge noted.
"Although the accusation that Drake is a child predator is undoubtedly a grave allegation, the wider backdrop of a intense musical rivalry, with provocative remarks and offensive accusations exchanged by both participants, would not lead the reasonable listener to believe that 'the track' conveys truthful statements about the claimant."
She additionally observed that, in an previous track, Drake had "dared his rival to make the paedophilia accusations" that featured in Not Like Us.
On the song his own release, Drake used the synthetic vocals of the late rapper to suggest strategies on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the song proposed.
"Against this backdrop in which such lines as 'Say, Drake, I hear you like 'em young' must be assessed," stated Judge Vargas.
"The parallel in the wording suggests strongly that this line is a clear reference to the artist’s own words in the earlier release."
'A Slap in the Face to Creatives'
The musician, whose real name is Aubrey Graham, did not name Lamar in the lawsuit.
His legal team accused the label of launching "a campaign to create a popular song" out of a track that made the "false factual allegation that Drake is a criminal paedophile, and to suggest that the public should resort to extra-legal action in retaliation".
Deciding against Drake, the judge said fans would not expect "accurate factual reporting" from a musical attack "replete with vulgar language, trash-talking, threats of violence, and figurative and hyperbolic language."
She pointed out that Drake himself had engaged in similar language, quoting a lyric in which the artist "heavily" implied that "his opponent is a domestic abuser", and another where he "raps that he 'heard' that one of Lamar's children may not be biologically his."
Concerning Lamar's song, Judge Vargas said: "Even seemingly factual claims may assume the character of statements of opinion... when made in open discourse, heated labour dispute, or similar situations in which an audience may anticipate the use of epithets, fiery rhetoric or exaggeration."
Responding to the rejection, a UMG spokesperson said: "From the beginning, this case was an affront to all artists and their artistic freedom and should not have seen the light of day."
"We are satisfied with the court's dismissal and look forward to resuming our work successfully marketing Drake's music and supporting his artistic path," the representative continued.
A spokesperson for the musician said the rapper planned to contest the decision, "and we await the appellate court examining it".
Lamar has not yet comment on the case.