Drake’s risk of converting a diss song into a defamation lawsuit has blown up in spectacular fashion. On Thursday, Judge Jeannette Vargas supported the motion by Universal Music Group for dismissal of the case, finding that Kendrick Lamar’s fiery “Not Like Us” was exaggerative art, not a true statement.
“The artists’ seven-track rap battle was a ‘war of words’ that was the subject of substantial media scrutiny and online discourse,” Vargas penned. She accepted the gravity of leveling pedophilia charges against another but pronounced that no reasonable ear would believe Lamar spoke literally. To the court, diss tracks remain lyric battlefields, not notarized affidavits.
When Rap Feuds Turn into Courtroom Laughter
The music community was in shock when Drake, instead of retorting with another song, sued in January his own label UMG. He claimed that the corporation had “waged a campaign” against him by promoting “Not Like Us” with bots and sleazy promotion, all while knowing that charges that were lodged by Lamar were false. Perhaps most egregiously, Lamar himself was not sued as a defendant.
The action was described as desperate by critics, and in hip-hop circles, the suit was the subject of most of the ridicule. “Few expected a rapper to respond to a diss track with a lawsuit,” one insider noted. “Even fewer expected him to sue the biggest label in the world.”
UMG counterpunched with some vigor, calling Drake’s accusations unfounded and pointing out that the Canadian legend had hurled some verbal explosives of his own. Judge Vargas agreed, citing Drake’s insults in “Family Matters,” where he referred to Lamar as a domestic abuser and cast doubts about the paternity of his sons.
Kendrick’s Diss Is a Cultural Earthquake
“Not Like Us” was a cultural earthquake even prior to the lawsuit. Released in May of last year, the song tore through charts, collected five Grammys including record and song of the year, and became a stadium song. The drama reached full spectacle when it happened at the Super Bowl and Lamar directly addressed the camera in singing the lyric, “Say, Drake, I hear you like ’em young.”
The lawyers for Drake said that publication of the slur in a song that collected three Grammys and a Super Bowl highlight put it in actionable defamation. No such reprieve, said Judge Vargas. “Whether publications constitute actionable fact or protected opinion cannot vary based upon the popularity they achieve,” she ruled.
UMG Pops Champagne As Drake Weighs His Options
UMG boasted in a statement to Billboard: “From the outset, this suit was an affront to all artists and their creative expression and never should have seen the light of day. We’re pleased with the court’s dismissal and look forward to continuing our work successfully promoting Drake’s music and investing in his career.”
Drake’s people have not commented, but his attorneys still can appeal the verdict. Until such time, the decision consolidates Lamar’s diss track as more than a chart hit but as a legally certified rap warfare.
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