A federal judge ruled that a “war of words” in a “heated rap battle” didn’t break the law.
Drake, Kendrick Lamar (Supplied, Josh Groom)
A federal judge has dismissed Drake’s defamation lawsuit against Universal Music Group (UMG) over Kendrick Lamar’s diss track, Not Like Us.
Earlier this year, Drake sued UMG, with claims of Not Like Us featuring “inflammatory and shocking allegations.”
Suing his own label, Drake accused UMG of having “approved, published, and launched a campaign to create a viral hit out of a rap track” that was “intended to convey the specific, unmistakable, and false factual allegation that Drake is a criminal paedophile, and to suggest that the public should resort to vigilante justice in response.”
In the lawsuit, Drake described UMG’s promotion of Not Like Us, as well as the song’s lyrics—pointing out Lamar’s allegation that Drake “likes ‘em young” and he and his peers are “certified paedophiles” who should be “registered and placed on neighbourhood watch”—as an example of valuing “corporate greed over the safety and wellbeing of its artists.”
On Thursday (9 October), Federal Judge Jeannette Vargas ruled that a “war of words” in a “heated rap battle” didn’t break the law, per Consequence of Sound and Billboard.
In her ruling, Vargas also wrote that “even statements that are offensive or insulting are not defamatory when a reasonable listener would understand them as opinion, parody, or artistic expression rather than fact.”
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She added, “Within the cultural context of a rap battle — especially one of this magnitude — the average listener does not reasonably believe the lyrics to be literal accusations of criminal conduct.”
By dismissing the case, Vargas agreed with UMG’s hopes to throw out the lawsuit. In March, the label argued that Drake went to court after “[losing] a rap battle that he provoked.” The label also stated that the lyrics in Not Like Us are protected by the right to free speech.
Last year, Drake and Kendrick Lamar dropped increasingly brutal diss tracks against each other, attacking each other’s character, style, and family and inserting serious allegations. You can check out the most notable lines in the diss track saga here.
While Drake sued UMG over Not Like Us, Lamar put himself forward as the victor of the feud, winning Record of the Year, Song of the Year, Best Rap Performance, Best Rap Song, and Best Music Video for the incendiary track at this year’s Grammy Awards.