Drake's defamation lawsuit against his own label, Universal Music Group, was dismissed Thursday by a federal judge who ruled that the rhetoric slung by rival rapper Kendrick Lamar on his smash single "Not Like Us" did not break any laws.
Drake, who is signed to Republic, sued UMG for defamation and harassment in January. He then filed several amended complaints pertaining to "Not Like Us," on which Interscope-signed Lamar described him as a "certified pedophile," among other barbs.
The track became a cultural phenomenon and won five Grammys, including Song of the Year. It was at the center of another viral moment when Lamar performed it during the Apple Music Super Bowl halftime show.
In today's ruling, Judge Jeannette Vargas wrote, "Although the accusation that plaintiff is a pedophile is certainly a serious one, the broader context of a heated rap battle, with incendiary language and offensive accusations hurled by both participants, would not incline the reasonable listener to believe that 'Not Like Us' imparts verifiable facts about plaintiff."
She continued, "Perhaps most fatally for Plaintiff's argument, it would render protection for artistic expression dependent upon an impermissible retroactive analysis. At the time he released 'Not Like Us,' Kendrick Lamar could not have been aware that it would break streaming records, win Record of the Year at the Grammys, or be featured at the Super Bowl Halftime Show. Yet Plaintiff would have the Court divorce the Recording from the context in which it was created because of these subsequent events. Whether publications constitute actionable fact or protected opinion cannot vary based upon the popularity they achieve. Constitutional guarantees do not rest on such a flimsy foundation."
A UMG spokesperson said of the ruling, "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."
In March UMG moved to have the case dismissed, noting that Drake "lost a rap battle that he provoked and in which he willingly participated."
This summer, UMG Chairman/CEO Sir Lucian Grainge branded claims by Drake's camp that he was somehow personally involved in promoting the diss track "groundless and indeed ridiculous" and "farcical."
It's unknown if Drake's legal team plans to appeal the ruling.
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Lil pansy whiny ass really tried it.
