A court official has rejected the rapper Drake’s defamation lawsuit against the music corporation over Kendrick Lamar’s song Not Like Us.
Presiding Judge Jeannette Vargas decided that Lamar's lyrics, which claimed the artist and his crew of being "pedophiles", were "protected opinion" and could not be considered libelous.
The Canadian rapper submitted the legal action in early this year, claiming Universal Music Group, the music company representing the two rappers, of defamatory conduct by permitting the track to be published and marketed, saying it disseminated a "untrue and harmful story".
Drake's spokesperson stated he intended to appeal the ruling. UMG said it was satisfied with the result and was looking forward to continuing its work with the musician.
The diss song, which was initially released in spring 2024, was broadly viewed as the decisive blow in an ongoing battle between the competing artists.
It has become the biggest hit of the rapper’s career, having received multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl performance in February.
In a 38-page order, Judge Vargas called the row between the artists "the most notorious hip-hop feud in the history of rap music".
"Both rappers’ series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and digital debate," the court wrote.
"Although the claim that Drake 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 verifiable facts about the claimant."
She additionally observed that, in an earlier song, the artist had "dared his rival to make the paedophilia accusations" that featured in Not Like Us.
On the song Taylor Made Freestyle, the rapper used the synthetic vocals of Tupac Shakur to suggest strategies on how to win the rap battle.
"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 'Say, Drake, I hear you like 'em young' must be assessed," stated Judge Vargas.
"The parallel in the phrasing suggests strongly that this line is a clear reference to the artist’s own words in the earlier release."
Drake, whose real name is Aubrey Graham, did not name his rival in the legal filing.
His legal team alleged UMG of launching "a campaign to generate a popular song" out of a track that made the "false factual allegation that the artist is a convicted predator, and to suggest that the audience should resort to extra-legal action in response".
Ruling against the plaintiff, the judge said listeners would not expect "truthful accounts" from a diss track "replete with vulgar language, trash-talking, violent implications, and figurative and hyperbolic language."
She pointed out that Drake himself had used comparable rhetoric, quoting a line in which the artist "strongly" implied that "Lamar is a domestic abuser", and a separate instance where Drake "raps that he 'heard' that one of his rival’s sons may not be his biological offspring."
Concerning the track in question, the court said: "Even seemingly factual claims may assume the character of statements of opinion... when made in public debate, intense arguments, or other circumstances in which an listener may anticipate the use of epithets, passionate language or hyperbole."
Reacting to the rejection, a label spokesperson said: "From the beginning, this lawsuit was an affront to every creative and their creative expression and should not have been filed."
"We are satisfied with the court's dismissal and are eager to resuming our work successfully marketing Drake's music and investing in his artistic path," the spokesperson added.
A spokesperson for Drake said the artist planned to contest the ruling, "and we await the appellate court examining it".
Kendrick Lamar has yet to comment on the case.
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