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A judge has thrown out the rapper Drake’s defamation lawsuit targeting the music corporation over Kendrick Lamar's track the diss record.

Judge Jeannette Vargas determined that the rapper’s lyrics, which accused the artist and his associates of being "pedophiles", were "nonactionable opinion" and could not be deemed defamatory.

The Canadian rapper submitted the legal action in January, accusing UMG, the music company behind the two rappers, of defamation by allowing the track to be released and promoted, saying it spread a "untrue and harmful story".

The artist’s spokesperson stated he intended to appeal the ruling. UMG said it was satisfied with the result and was looking forward to resuming its collaboration with the rapper.

Context of the Rap Battle

Not Like Us, which was initially released in May 2024, was widely seen as the final strike in an continuing feud between the competing artists.

It has become the most successful track of Lamar's career, having received multiple Grammy awards and being one of the most-discussed moments of his Super Bowl half-time show in February.

In a detailed ruling, Judge Vargas called the row between the artists "the most notorious hip-hop feud in the genre's history".

"Both rappers’ series of diss tracks was a 'verbal conflict' that was the subject of extensive press coverage and digital debate," the court wrote.

"While the accusation that Drake is a pedophile is undoubtedly a grave allegation, the wider backdrop of a heated rap battle, with provocative remarks and offensive accusations hurled by each artist, would not lead the average audience to believe that 'Not Like Us' conveys truthful statements about the claimant."

She additionally observed that, in an earlier song, Drake had "challenged his rival to make the pedophile claims" that appeared in Not Like Us.

On the track his own release, the rapper used the synthetic vocals 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 proposed.

"It is in this context in which such lines as 'Hey Drake, I’ve heard you prefer them young' must be evaluated," wrote Judge Vargas.

"The similarity in the wording suggests strongly that this lyric is a clear reference to the artist’s own words in the earlier release."

'An Affront to Artists'

The musician, whose legal name is Aubrey Drake Graham, did not sue his rival in the lawsuit.

His legal team alleged the label of launching "a campaign to create a viral hit" out of a track that made the "untrue claim that the artist is a criminal paedophile, and to suggest that the public should resort to vigilante justice in response".

Ruling against the plaintiff, the judge said listeners would not expect "accurate factual reporting" from a musical attack "filled with profanity, insults, threats of violence, and figurative and hyperbolic language."

She pointed out that the rapper himself had engaged in comparable rhetoric, quoting a lyric in which the artist "strongly" implied that "his opponent is a domestic abuser", and another where he "raps that he 'heard' that one of his rival’s sons may not be biologically his."

Regarding Lamar's song, the court said: "Even seemingly factual claims may take on the nature 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 exaggeration."

Responding to the rejection, a label representative said: "From the outset, this lawsuit was an affront to all artists and their artistic freedom and never should have been filed."

"We are satisfied with the court's dismissal and are eager to continuing our partnership successfully promoting the artist’s work and supporting his artistic path," the representative continued.

A representative for Drake said the artist intended to appeal the decision, "and we look forward to the appellate court reviewing it".

Lamar has not yet comment on the legal matter.