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

Judge Jeannette Vargas ruled that Lamar's lyrics, which accused Drake and his crew of being "pedophiles", were "protected opinion" and could not be deemed defamatory.

The Canadian rapper filed the lawsuit in early this year, accusing UMG, the music company behind both artists, of defamatory conduct by permitting the song to be released and promoted, stating it disseminated a "untrue and harmful story".

Drake's representative stated he intended to appeal the decision. UMG expressed it was satisfied with the outcome and was looking forward to continuing its work with the musician.

Context of the Rap Battle

The diss song, which was first dropped in May 2024, was widely seen as the decisive blow in an continuing feud between the competing artists.

It has emerged as the biggest hit of Lamar's career, having won five Grammys and being one of the most-talked about highlights of his Super Bowl performance in February.

In a 38-page order, the judge called the row between the rappers "the most notorious hip-hop feud in the genre's history".

"The artists' seven-track rap battle was a 'verbal conflict' that was the focus of extensive press coverage and online discourse," the court wrote.

"While the claim that Drake is a child predator is undoubtedly a grave allegation, the broader context of a heated rap battle, with incendiary language and insulting claims exchanged by each artist, would not lead the reasonable listener to believe that 'Not Like Us' imparts verifiable facts about the claimant."

She additionally observed that, in an earlier song, Drake had "dared Lamar to make the paedophilia accusations" that featured in the diss record.

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

"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," stated the court.

"The parallel 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'

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

His lawyers alleged UMG of initiating "an effort to generate a viral hit" out of a track that made the "untrue claim that the artist is a convicted predator, and to imply that the public should turn to vigilante justice in response".

Ruling against the plaintiff, Judge Vargas said fans would not expect "accurate factual reporting" from a musical attack "filled with profanity, trash-talking, threats of violence, and exaggerated statements."

She highlighted that Drake himself had engaged in comparable rhetoric, quoting a line in which the star "heavily" suggested that "Lamar is a domestic abuser", and another where he "raps that he 'was told' that one of Lamar's children may not be biologically his."

Concerning Lamar's song, Judge Vargas said: "Although apparent statements of fact may take on the nature of subjective views... when made in open discourse, heated labour dispute, or similar situations in which an listener may anticipate the use of slurs, fiery rhetoric or exaggeration."

Reacting to the rejection, a label spokesperson said: "From the beginning, this lawsuit was an affront to all artists and their creative expression and never should have seen the light of day."

"We are satisfied with the court's dismissal and look forward to resuming our work successfully promoting Drake's music and investing in his career," the spokesperson added.

A spokesperson for Drake said the artist intended to appeal the ruling, "and we await the Court of Appeals reviewing it".

Lamar has not yet comment on the case.