Rapper Aubrey Graham, popularly known as Drake/FB
A judge has dismissed Drake's defamation lawsuit against Universal Music Group over Kendrick Lamar's Not Like Us.
Judge Jeannette Vargas ruled Lamar's lyrics, which accused Drake and his associates of being "certified paedophiles", were a "non-actionable opinion" and could not be considered defamatory.
Drake filed the lawsuit in January, accusing Universal Music Group (UMG), the record label behind both rappers, of defamation by allowing the song to be published and promoted, saying it spread a "false and malicious narrative".
Drake's spokesperson said he will appeal against the ruling. UMG said it was pleased with the outcome and was looking forward to continuing its work with the Canadian star.
Not Like Us, which was released in May 2024, was widely seen as the decisive blow in an ongoing battle between the rival rappers.
It has become the biggest hit of Lamar's career, having won five Grammys and being one of the most-talked about moments of his Super Bowl halftime show in February.
In a 38-page order, Judge Vargas called the row between the rappers "the most infamous rap battle in the genre's history".
"The artists' seven-track rap battle was a 'war of words' that was the subject of substantial media scrutiny and online discourse," the judge wrote.
"Although the accusation that plaintiff is a pedophile is certainly a serious one, the broader context of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that 'Not Like Us' imparts verifiable facts about plaintiff."
She also noted that, in an earlier song, Drake had "challenged Lamar to make the paedophilia accusations" that featured in Not Like Us.
On the track Taylor Made Freestyle, Drake used the AI-generated voice of Tupac Shakur to give Lamar advice on how to win the rap battle.
"Talk about him likin' young girls, that's a gift from me," the song suggested.
"It is in this context in which such lyrics as 'Say, Drake, I hear you like 'em young' must be assessed," wrote Judge Vargas.
"The similarity in the wording suggests strongly that this line is a direct callback to Drake's lyrics in the prior song."
Drake, whose real name is Aubrey Graham, did not name Lamar in the lawsuit.
His lawyers accused UMG of launching "a campaign to create a viral hit" out of a song that made the "false factual allegation that Drake is a criminal paedophile, and to suggest that the public should resort to vigilante justice in response".
Ruling against Drake, Judge Vargas said listeners would not expect "accurate factual reporting" from a diss track "replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language."
She pointed out that Drake himself had engaged in similar language, quoting a lyric in which the star "heavily" implied that "Lamar is a domestic abuser", and another where Drake "raps that he 'heard' that one of Lamar's sons may not be biologically his."
Regarding Lamar's song, Judge Vargas said: "Even apparent statements of fact may assume the character of statements of opinion... when made in public debate, heated labour dispute, or other circumstances in which an audience may anticipate the use of epithets, fiery rhetoric or hyperbole."
Responding to the dismissal, a UMG spokesperson said: "From the outset, this lawsuit was an affront to all artists and their creative expression and never should have seen the light of day".
"We're pleased with the court's dismissal and look forward to continuing our work successfully promoting Drake's music and investing in his career," the spokesperson added.
A spokesperson for Drake said the musician intended to appeal the ruling, "and we look forward to the Court of Appeals reviewing it".
Lamar has yet to comment on the case.
