A federal judge on Thursday, October 9 dismissed the defamation lawsuit rapper Drake filed against his own record label, Universal Music Group (UMG), for publishing and promoting Kendrick Lamar’s diss track “Not Like Us.”
District Judge Jeannette Vargas ruled that the song’s controversial accusations including the claim that Drake was a “certified pedophile” were an expression of pure opinion, not an assertion of fact, and therefore could not be the basis for a defamation claim. Drake, who had vehemently denied the allegation, did not sue Lamar himself.
The ruling centers on the context of the highly publicized feud. In her 38-page decision, Judge Vargas concluded that the lyrics were protected expression and that a “reasonable listener” would not interpret them as factual.
“The average listener is not under the impression that a diss track is the product of a thoughtful or disinterested investigation, conveying to the public fact-checked verifiable content,” Judge Vargas wrote.
She further noted that “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 Drake.
The ruling also included a line-by-line analysis of the insult-trading songs released by both artists during their feud.
The dismissal marks a major victory for UMG, which had consistently called the lawsuit “frivolous” and “illogical.”
“From the outset, this suit was an affront to all artists and their creative expression and never should have seen the light of day,” a UMG spokesperson said Thursday. “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.”
Drake’s case against the label, a complicated legal situation given that both Drake (Republic Records) and Lamar (Interscope Records) are signed to divisions of the UMG umbrella is now over, though he plans to appeal.
“We intend to appeal today’s ruling, and we look forward to the Court of Appeals reviewing it,” a spokesperson for Drake told CNN.
Drake initially filed the lawsuit in January. Since its release, “Not Like Us” has achieved significant commercial and critical success, winning multiple Grammys and featuring in Lamar’s Super Bowl halftime show performance in February.
