A judge has thrown out Drake's defamation lawsuit against Universal Music Group concerning Kendrick Lamar's track the diss record.
Presiding Judge Jeannette Vargas determined that the rapper’s lyrics, which accused Drake and his crew of being "certified paedophiles", were "protected opinion" and cannot be considered libelous.
Drake submitted the legal action in January, accusing UMG, the record label representing the two rappers, of defamatory conduct by allowing the track to be published and marketed, stating it disseminated a "false and malicious narrative".
Drake's spokesperson stated he planned to appeal the ruling. UMG said 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 May 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-talked about highlights of his Super Bowl performance in February.
In a 38-page order, the judge called the dispute between the rappers "the most infamous rap battle in the genre's history".
"Both rappers’ series of diss tracks was a 'verbal conflict' that was the focus of substantial media scrutiny and online discourse," the judge noted.
"Although the claim that Drake is a pedophile is undoubtedly a serious one, the broader context of a heated rap battle, with incendiary language and insulting claims exchanged by each artist, would not incline the average audience to believe that 'Not Like Us' imparts verifiable facts about plaintiff."
She also noted that, in an previous track, Drake had "dared his rival to make the pedophile claims" that featured in Not Like Us.
On the track his own release, 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.
"Against this backdrop in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," wrote the court.
"The similarity in the wording strongly indicates that this line is a clear reference to the artist’s own words in the prior song."
Drake, whose real name is Aubrey Graham, did not name Lamar in the lawsuit.
His legal team accused UMG of launching "a campaign to create a viral hit" out of a release that made the "untrue claim that Drake is a convicted predator, and to suggest that the public should turn to vigilante justice in response".
Ruling against Drake, the judge said fans would not expect "accurate factual reporting" from a diss track "filled with profanity, insults, violent implications, and figurative and hyperbolic language."
She pointed out that Drake himself had engaged in similar language, referencing a line in which the star "strongly" suggested that "Lamar is a domestic abuser", and another where Drake "raps that he 'heard' that one of Lamar's children may not be biologically his."
Concerning the track in question, the court said: "Even apparent statements of fact may assume the character of subjective views... when made in open discourse, heated labour dispute, or similar situations in which an listener may expect the use of slurs, passionate language or exaggeration."
Reacting to the rejection, a label representative said: "From the outset, this lawsuit was an insult to all artists and their artistic freedom and never should have seen the light of day."
"We are satisfied with the court's dismissal and look forward to resuming our partnership effectively marketing Drake's music and investing in his career," the spokesperson continued.
A representative for Drake said the artist planned to contest the decision, "and we await the Court of Appeals examining it".
Lamar has yet to comment on the case.