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A judge has thrown out Drake's defamation lawsuit targeting Universal Music Group concerning Kendrick Lamar's track the diss record.

Presiding Judge the court’s judge ruled that the rapper’s song lyrics, which accused Drake and his crew of being "pedophiles", were "protected opinion" and could not be considered libelous.

The Canadian rapper filed the legal action in early this year, claiming Universal Music Group, the record label behind both artists, of defamatory conduct by permitting the track to be released and marketed, stating it spread a "false and malicious narrative".

The artist’s spokesperson stated he intended to challenge the decision. Universal Music Group said it was pleased with the outcome and was eager to resuming its collaboration with the musician.

Background of the Rap Battle

The diss song, which was initially released in May 2024, was broadly viewed as the final strike in an ongoing battle between the rival rappers.

It has emerged as the most successful track of the rapper’s career, having received multiple Grammy awards and being one of the most-discussed highlights of his Super Bowl half-time show in February.

In a 38-page order, Judge Vargas called the dispute between the artists "the most notorious hip-hop feud in the history of rap music".

"Both rappers’ series of diss tracks was a 'verbal conflict' that was the subject of substantial media scrutiny and online discourse," the court noted.

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

She also noted that, in an earlier song, Drake had "challenged his rival to make the paedophilia accusations" that appeared in Not Like Us.

On the track Taylor Made Freestyle, Drake used the synthetic vocals of Tupac Shakur to give Lamar advice on how to win the rap battle.

"Suggest he has a preference for minors, consider that a tip," the song suggested.

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

"The parallel in the wording strongly indicates that this line is a direct callback to Drake's lyrics in the prior song."

'A Slap in the Face to Creatives'

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

His legal team accused UMG of launching "an effort to generate a viral hit" out of a track that made the "untrue claim that Drake is a convicted predator, and to suggest that the audience should resort to vigilante justice in retaliation".

Deciding against Drake, the judge said listeners would not expect "accurate factual reporting" from a musical attack "filled with vulgar language, insults, violent implications, and exaggerated statements."

She pointed out that the rapper himself had used similar language, referencing a line in which the artist "strongly" implied that "his opponent is a spouse beater", and a separate instance where he "raps that he 'heard' that one of his rival’s children may not be biologically his."

Regarding the track in question, the court said: "Even apparent statements of fact may take on the nature of statements of opinion... when made in public debate, heated labour dispute, or similar situations in which an audience may expect the use of epithets, passionate language or exaggeration."

Reacting to the rejection, a label spokesperson 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 judge’s ruling and are eager to resuming our partnership effectively marketing Drake's music and supporting his artistic path," the spokesperson continued.

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

Kendrick Lamar has not yet issue a statement on the case.