🔗 Share this article

A judge has dismissed the rapper Drake’s defamation lawsuit against Universal Music Group over Kendrick Lamar’s song the diss record.

Presiding Judge Jeannette Vargas ruled that the rapper’s song lyrics, which accused Drake and his crew of being "certified paedophiles", were "protected opinion" and cannot be deemed libelous.

The Canadian rapper submitted the legal action in January, claiming Universal Music Group, the music company representing both artists, of defamation by allowing the song to be published and promoted, saying it spread a "untrue and harmful story".

The artist’s spokesperson stated he planned to appeal the decision. UMG expressed it was pleased with the outcome and was looking forward to continuing its work with the musician.

Context of the Hip-Hop Feud

The diss song, which was initially released in spring 2024, was widely seen as the final strike in an continuing feud between the rival rappers.

It has emerged as the biggest hit of Lamar's career, 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 notorious hip-hop feud in the genre's history".

"Both rappers’ seven-track rap battle was a 'verbal conflict' that was the subject of extensive press coverage and digital debate," the court noted.

"Although the accusation that plaintiff is a child predator is undoubtedly a serious one, the wider backdrop of a intense musical rivalry, with provocative remarks and offensive accusations exchanged by each artist, would not incline the average audience to believe that 'the track' imparts truthful statements about plaintiff."

She additionally observed that, in an earlier song, the artist had "challenged Lamar to make the pedophile claims" that featured in Not Like Us.

On the song his own release, Drake used the AI-generated voice 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.

"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," stated Judge Vargas.

"The parallel in the wording suggests strongly that this lyric is a direct callback to Drake's lyrics in the prior song."

'An Affront to Artists'

The musician, whose real name is Aubrey Graham, did not sue Lamar in the legal filing.

His lawyers alleged the label of initiating "an effort to create a popular song" out of a release that made the "false factual allegation that the artist is a convicted predator, and to imply that the audience should resort to extra-legal action in retaliation".

Deciding against Drake, Judge Vargas said listeners would not expect "truthful accounts" from a diss track "replete with profanity, trash-talking, violent implications, and exaggerated statements."

She pointed out that the rapper himself had used similar language, quoting a line in which the star "heavily" suggested that "Lamar is a domestic abuser", and another where Drake "claims that he 'was told' that one of Lamar's sons may not be biologically his."

Regarding Lamar's song, the court said: "Even apparent statements of fact may take on the nature of statements of opinion... when made in open discourse, intense arguments, or other circumstances in which an audience may expect the use of epithets, passionate language or hyperbole."

Reacting to the rejection, a UMG representative said: "From the beginning, this lawsuit was an insult to every creative and their artistic freedom and should not have seen the light of day."

"We're pleased with the court's dismissal and are eager to resuming our work successfully promoting Drake's music and supporting his career," the spokesperson added.

A spokesperson for the musician said the artist intended to contest the ruling, "and we look forward to the appellate court examining it".

Kendrick Lamar has yet to issue a statement on the legal matter.