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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.

Judge Jeannette Vargas determined that Lamar's lyrics, which accused Drake and his associates of being "certified paedophiles", were "protected opinion" and cannot be considered defamatory.

The Canadian rapper submitted the lawsuit in January, claiming UMG, the music company representing both artists, of defamatory conduct by permitting the track to be released and marketed, stating it spread a "untrue and harmful story".

The artist’s representative said he planned to appeal the decision. Universal Music Group expressed it was satisfied with the outcome and was eager to resuming its collaboration with the musician.

Background of the Rap Battle

Not Like Us, which was first dropped in spring 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 Lamar's career, having received five Grammys and being one of the most-talked about moments of his Super Bowl half-time show in February.

In a 38-page order, the judge called the row between the artists "the most infamous rap battle in the genre's history".

"The artists' series of diss tracks was a 'war of words' that was the subject of substantial media scrutiny and online discourse," the court noted.

"Although the claim that Drake is a child predator is certainly a grave allegation, the wider backdrop of a intense musical rivalry, with provocative remarks and offensive accusations hurled by both participants, would not lead the reasonable listener to believe that 'the track' conveys truthful statements about the claimant."

She additionally observed that, in an earlier song, Drake had "challenged Lamar to make the pedophile claims" that appeared in the diss record.

On the track his own release, the rapper used the AI-generated voice of the late rapper to suggest strategies on how to prevail in the feud.

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

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

"The similarity in the phrasing suggests strongly that this line is a direct callback to the artist’s own words in the prior song."

'An Affront to Artists'

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

His legal team alleged UMG of launching "a campaign to generate a popular song" out of a track that made the "false factual allegation that Drake is a convicted predator, and to suggest that the audience should resort to extra-legal action in retaliation".

Deciding against Drake, Judge Vargas said fans would not expect "accurate factual reporting" from a musical attack "replete with vulgar language, trash-talking, violent implications, and exaggerated statements."

She highlighted that Drake himself had engaged in similar language, referencing a lyric in which the artist "strongly" implied that "Lamar is a domestic abuser", and a separate instance where Drake "claims that he 'was told' that one of Lamar's sons may not be biologically his."

Regarding the track in question, Judge Vargas said: "Although apparent statements of fact may assume the character of statements of opinion... when made in open discourse, heated labour dispute, or other circumstances in which an audience may anticipate the use of epithets, passionate language or hyperbole."

Reacting to the dismissal, a label spokesperson said: "From the outset, this case was an affront to all artists and their creative expression and never should have been filed."

"We're pleased with the judge’s ruling and are eager to resuming our work successfully marketing the artist’s work and supporting his artistic path," the spokesperson added.

A representative for Drake said the artist planned to contest the ruling, "and we await the appellate court reviewing it".

Lamar has not yet issue a statement on the case.