Court Throws Out Drake's Lawsuit Over Kendrick Lamar's Diss Track
A court official has thrown out Drake's defamation lawsuit targeting the music corporation concerning Kendrick Lamar’s song the diss record.
Presiding Judge Jeannette Vargas decided that the rapper’s lyrics, which accused Drake and his associates of being "pedophiles", were "nonactionable opinion" and could not be considered libelous.
The Canadian rapper submitted the legal action in early this year, accusing UMG, the music company representing the two rappers, of defamation by allowing the song to be published and promoted, saying it disseminated a "untrue and harmful story".
The artist’s spokesperson stated he intended to challenge the ruling. UMG expressed it was pleased with the result and was eager to continuing its collaboration with the rapper.
Background of the Hip-Hop Feud
Not Like Us, which was initially released in spring 2024, was widely seen as the final strike in an ongoing battle between the rival rappers.
It has become the most successful track of the rapper’s musical journey, having won 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 row between the artists "the most notorious hip-hop feud in the genre's history".
"Both rappers’ seven-track rap battle was a 'war of words' that was the subject of substantial media scrutiny and digital debate," the court noted.
"Although the accusation that plaintiff is a pedophile 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 incline the reasonable listener to believe that 'Not Like Us' conveys truthful statements about the claimant."
She also noted that, in an previous track, Drake had "challenged Lamar to make the pedophile claims" that featured in the diss record.
On the song Taylor Made Freestyle, 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.
"Against this backdrop in which such lyrics as 'Say, Drake, I hear you like 'em young' must be evaluated," wrote Judge Vargas.
"The similarity in the phrasing suggests strongly that this line is a clear reference to the artist’s own words in the prior song."
'An Affront to Artists'
Drake, whose legal name is Aubrey Graham, did not name his rival in the legal filing.
His legal team alleged UMG of initiating "a campaign to generate a popular song" out of a release that made the "false factual allegation that Drake is a convicted predator, and to imply that the audience should turn to extra-legal action in response".
Deciding against the plaintiff, Judge Vargas said fans would not expect "truthful accounts" from a musical attack "filled with vulgar language, insults, threats of violence, and figurative and hyperbolic language."
She pointed out that Drake himself had used similar language, referencing a line in which the artist "heavily" suggested that "his opponent is a spouse beater", and another where he "raps that he 'heard' that one of Lamar's children may not be his biological offspring."
Concerning the track in question, the court said: "Although seemingly factual claims may assume the character of subjective views... when made in open discourse, heated labour dispute, or other circumstances in which an audience may anticipate the use of epithets, passionate language or hyperbole."
Reacting to the rejection, a label spokesperson said: "From the outset, this lawsuit was an affront to all artists and their artistic freedom and should not have been filed."
"We're pleased with the judge’s ruling and are eager to resuming our partnership successfully promoting Drake's music and supporting his career," the representative added.
A representative for Drake said the rapper planned to appeal the ruling, "and we look forward to the Court of Appeals examining it".
Lamar has not yet comment on the case.