A judge has dismissed Drake's legal claim against Universal Music Group over Kendrick Lamar's song the diss record.
Judge Jeannette Vargas determined that the rapper’s lyrics, which claimed Drake and his associates of being "certified paedophiles", were "nonactionable opinion" and could not be deemed libelous.
Drake filed the legal action in early this year, accusing UMG, the record label representing the two rappers, of defamation by allowing the track to be released and marketed, saying it disseminated a "false and malicious narrative".
Drake's representative said he intended to challenge the ruling. UMG said it was pleased with the result and was eager to resuming its collaboration with the musician.
Not Like Us, which was first dropped in spring 2024, was broadly viewed as the decisive blow in an continuing feud between the rival rappers.
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 half-time show 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".
"The artists' seven-track rap battle was a 'verbal conflict' that was the subject of extensive press coverage and online discourse," the court noted.
"Although the claim that plaintiff is a child predator is undoubtedly a serious one, the wider backdrop of a heated rap battle, with incendiary language and insulting claims exchanged by each artist, would not lead the average audience to believe that 'the track' conveys verifiable facts about plaintiff."
She additionally observed that, in an earlier song, the artist had "dared his rival to make the paedophilia accusations" that appeared in the diss record.
On the track his own release, the rapper used the AI-generated voice of the late rapper to give Lamar advice on how to prevail in the feud.
"Suggest he has a preference for minors, consider that a tip," the track proposed.
"It is in this context in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote the court.
"The similarity in the wording suggests strongly that this lyric is a direct callback to Drake's lyrics in the prior song."
Drake, whose legal name is Aubrey Graham, did not name his rival in the lawsuit.
His lawyers accused UMG of initiating "a campaign to create a viral hit" out of a track that made the "untrue claim that the artist is a convicted predator, and to suggest that the public should turn to vigilante justice in retaliation".
Deciding against Drake, the judge said fans would not expect "truthful accounts" from a diss track "replete with vulgar language, insults, threats of violence, and exaggerated statements."
She pointed out that the rapper himself had used similar language, quoting a lyric in which the star "heavily" suggested that "Lamar is a domestic abuser", and another where he "raps that he 'was told' that one of his rival’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 open discourse, heated labour dispute, or other circumstances in which an audience may anticipate the use of slurs, fiery rhetoric or hyperbole."
Reacting to the dismissal, a UMG representative said: "From the outset, this case was an insult to every creative and their artistic freedom and never should have seen the light of day."
"We're pleased with the court's dismissal and look forward to continuing our partnership successfully promoting the artist’s work and supporting his career," the spokesperson added.
A spokesperson for Drake said the rapper planned to appeal the ruling, "and we await the appellate court reviewing it".
Kendrick Lamar has yet to issue a statement on the case.
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