A judge has thrown out Drake's legal claim against Universal Music Group over Kendrick Lamar's track the diss record.
Presiding Judge the court’s judge determined that Lamar's song lyrics, which accused the artist and his crew of being "certified paedophiles", were "protected opinion" and could not be considered defamatory.
Drake filed the legal action in early this year, accusing Universal Music Group, the record label behind both artists, of defamation by allowing the track to be published and marketed, saying it disseminated a "untrue and harmful story".
The artist’s spokesperson stated he intended to appeal the ruling. UMG said it was satisfied with the outcome and was looking forward to resuming its collaboration with the musician.
Context of the Hip-Hop Feud
The diss song, which was first dropped in May 2024, was broadly viewed as the decisive blow in an ongoing battle between the competing artists.
It has emerged as the biggest hit of the rapper’s career, having won five Grammys and being one of the most-talked about moments of his Super Bowl performance in February.
In a detailed ruling, Judge Vargas called the dispute between the rappers "the most infamous rap battle in the genre's history".
"The artists' series of diss tracks was a 'verbal conflict' that was the subject of extensive press coverage and online discourse," the court noted.
"While the claim that plaintiff is a child predator is certainly a serious one, the broader context of a heated rap battle, with provocative remarks and offensive accusations hurled by both participants, would not lead the reasonable listener to believe that 'Not Like Us' conveys verifiable facts about plaintiff."
She additionally observed that, in an earlier song, Drake had "dared his rival to make the pedophile claims" that appeared in the diss record.
On the song Taylor Made Freestyle, the rapper used the AI-generated voice of Tupac Shakur to give Lamar advice on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the song suggested.
"It is in this context in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote the court.
"The parallel in the wording suggests strongly that this line is a clear reference to Drake's lyrics in the earlier release."
'An Affront to Artists'
The musician, whose legal name is Aubrey Drake Graham, did not name his rival in the legal filing.
His legal team accused the label of initiating "a campaign to create a popular song" out of a track that made the "untrue claim that the artist is a criminal paedophile, and to suggest that the public should resort to extra-legal action in retaliation".
Ruling against Drake, Judge Vargas said listeners would not expect "truthful accounts" from a diss track "filled with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She highlighted that the rapper himself had used comparable rhetoric, referencing a lyric in which the star "strongly" suggested that "his opponent is a domestic abuser", and another where Drake "claims that he 'was told' that one of Lamar's sons may not be biologically his."
Concerning the track in question, the court said: "Although seemingly factual claims may assume the character of statements of opinion... when made in public debate, intense arguments, or other circumstances in which an audience may anticipate the use of epithets, passionate language or exaggeration."
Responding to the rejection, a label representative said: "From the beginning, this case was an insult to all artists 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 continuing our work effectively promoting the artist’s work and supporting his career," the representative continued.
A spokesperson for the musician said the rapper intended to contest the ruling, "and we look forward to the appellate court reviewing it".
Lamar has yet to issue a statement on the case.
