A court official has thrown out Drake's defamation lawsuit targeting Universal Music Group concerning Kendrick Lamar's song Not Like Us.
Presiding Judge the court’s judge determined that Lamar's song lyrics, which claimed the artist and his associates of being "pedophiles", were "protected opinion" and could not be deemed defamatory.
Drake filed the lawsuit in early this year, accusing UMG, the music company representing both artists, of defamation by permitting the track to be published and promoted, saying it disseminated a "untrue and harmful story".
Drake's spokesperson said he intended to appeal the decision. UMG expressed it was satisfied with the result and was looking forward to resuming its collaboration with the rapper.
The diss song, which was initially released in spring 2024, was broadly viewed as the final strike in an continuing feud between the rival rappers.
It has become the most successful track of the rapper’s musical journey, having received five Grammys and being one of the most-talked about highlights of his Super Bowl performance in February.
In a detailed ruling, the judge called the dispute between the rappers "the most infamous rap battle in the history of rap music".
"Both rappers’ series of diss tracks was a 'war of words' that was the subject of substantial media scrutiny and online discourse," the court wrote.
"While the claim that Drake is a pedophile is undoubtedly a serious one, the broader context of a heated rap battle, with provocative remarks and offensive accusations exchanged by both participants, would not lead the reasonable listener to believe that 'the track' conveys verifiable facts about plaintiff."
She additionally observed that, in an earlier song, the artist had "dared Lamar to make the pedophile claims" that featured in the diss record.
On the track Taylor Made Freestyle, the rapper used the synthetic vocals of the late rapper to give Lamar advice on how to prevail in the feud.
"Talk about him likin' young girls, that's a gift from me," the track suggested.
"It is in this context in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," stated the court.
"The similarity in the phrasing suggests strongly that this lyric is a clear reference to Drake's lyrics in the prior song."
Drake, whose real name is Aubrey Drake Graham, did not sue his rival in the lawsuit.
His legal team alleged the label of initiating "an effort to generate a popular song" out of a release that made the "false factual allegation that Drake is a criminal paedophile, and to imply that the audience should resort to extra-legal action in retaliation".
Deciding against the plaintiff, Judge Vargas said fans would not expect "accurate factual reporting" from a musical attack "replete with vulgar language, trash-talking, threats of violence, and exaggerated statements."
She pointed out that Drake himself had used similar language, referencing a line in which the star "heavily" implied that "Lamar is a domestic abuser", and a separate instance where Drake "claims that he 'was told' that one of Lamar's children may not be biologically his."
Concerning Lamar's song, the court said: "Although apparent statements of fact may take on the nature of statements of opinion... when made in open discourse, intense arguments, or similar situations in which an listener may expect the use of epithets, passionate language or hyperbole."
Reacting to the rejection, a UMG spokesperson said: "From the beginning, this lawsuit was an insult to every creative and their artistic freedom and never should have seen the light of day."
"We are satisfied with the judge’s ruling and are eager to resuming our work successfully marketing the artist’s work and investing in his career," the representative added.
A representative for the musician said the artist intended to contest the ruling, "and we await the appellate court reviewing it".
Kendrick Lamar has not yet comment on the case.
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