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A judge has thrown out the rapper Drake’s legal claim against Universal Music Group over Kendrick Lamar’s track the diss record.

Presiding Judge Jeannette Vargas decided that the rapper’s song lyrics, which claimed the artist and his crew of being "certified paedophiles", were "protected opinion" and could not be deemed defamatory.

Drake submitted the lawsuit in January, claiming Universal Music Group, the music company behind the two rappers, of defamatory conduct by permitting the song to be released and marketed, saying it spread a "untrue and harmful story".

Drake's representative said he planned to appeal the decision. Universal Music Group said it was pleased with the result and was eager to continuing its work with the musician.

Context of the Hip-Hop Feud

Not Like Us, which was first dropped in May 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 won five Grammys and being one of the most-discussed highlights of his Super Bowl half-time show in February.

In a 38-page order, the judge called the row between the rappers "the most infamous rap battle in the history of rap music".

"Both rappers’ series of diss tracks was a 'war of words' that was the focus of substantial media scrutiny and online discourse," the court wrote.

"While the claim that plaintiff is a pedophile is certainly a serious one, the wider backdrop of a intense musical rivalry, with incendiary language and offensive accusations hurled by each artist, would not lead the reasonable listener to believe that 'the track' imparts verifiable facts about plaintiff."

She additionally observed that, in an previous track, Drake had "challenged Lamar to make the pedophile claims" that featured in the diss record.

On the track his own release, Drake used the synthetic vocals of the late rapper to give Lamar advice on how to win the rap battle.

"Talk about him likin' young girls, that's a gift from me," the track suggested.

"Against this backdrop in which such lyrics as 'Hey Drake, I’ve heard you prefer them young' must be assessed," wrote Judge Vargas.

"The parallel in the phrasing strongly indicates that this line is a direct callback to Drake's lyrics in the earlier release."

'An Affront to Artists'

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

His lawyers accused the label of initiating "a campaign to create a viral hit" out of a release that made the "untrue claim that Drake is a convicted predator, and to imply that the public should resort to extra-legal action in response".

Ruling against Drake, Judge Vargas said fans would not expect "truthful accounts" from a musical attack "filled with vulgar language, trash-talking, threats of violence, and exaggerated statements."

She pointed out that Drake himself had used comparable rhetoric, quoting a line in which the artist "heavily" suggested that "his opponent is a domestic abuser", and a separate instance where Drake "raps that he 'was told' that one of Lamar's children may not be his biological offspring."

Concerning Lamar's song, Judge Vargas said: "Even seemingly factual claims may assume the character of statements of opinion... when made in open discourse, intense arguments, or similar situations in which an listener may anticipate the use of slurs, passionate language or exaggeration."

Responding to the dismissal, a UMG representative said: "From the beginning, this lawsuit was an affront to all artists and their artistic freedom and should not have been filed."

"We are satisfied with the court's dismissal and are eager to continuing our work successfully promoting the artist’s work and supporting his career," the spokesperson added.

A spokesperson for Drake said the artist planned to appeal the ruling, "and we await the appellate court examining it".

Kendrick Lamar has yet to comment on the legal matter.