A judge has dismissed Drake's controversy-stirring lawsuit against his own record label, Universal Music Group.
The rapper sued UMG in January, accusing the company of defamation for distributing and promoting Kendrick Lamar's "Not Like Us," a diss track that arrived amid a heated rap battle between him and Drake, and became a runaway hit. In it, Lamar implies that Drake is a pedophile, among other accusations.
In an opinion filed Thursday, Oct. 9, Judge Jeannette Vargas dismissed the suit, claiming that insults thrown in a rap battle are not viewed as objective facts. Within the context of the dueling verses, which were exchanged in rapid succession, the pedophile accusation was not aimed to be construed as "a factual matter," Vargas said, but rather an opinion.
"The average listener is not under the impression that a diss track is the product of a thoughtful or disinterested investigation conveying to the public fact-checked verifiable content," she wrote in documents reviewed by USA TODAY.
The judge went on to dismantle Drake's argument that because "Not Like Us" grew to singular popularity, eclipsing the other tracks from the rap beef in streams, it should be held to a different standard. Though she did say that the song "dealt the metaphorical killing blow" in the battle, all the songs exchanged in the feud were "in dialogue with one another," Vargas argued. The "rap battle itself," she said, also poured fuel onto the public fervor around the penultimate song.
The judge also pointed to the tone Lamar employed, arguing no reasonable listener would view it as one meant to present objective facts, adding also that Drake himself employed a similar tone.
"'Not Like Us' is replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language, all of which are indicia of opinion," Vargas wrote. "Indeed, during this rap battle, Drake and Lamar each used similar hyperbolic threatening language."
In a statement sent to USA TODAY, UMG celebrated the dismissal and reaffirmed its desire to continue working with Drake.
"From the outset, this suit was an affront to all artists and their creative expression and never should have seen the light of day," the statement read. "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, on the other hand, didn't seem eager to roll over.
"We intend to appeal today's ruling," a spokesperson for the rapper shared in a statement with USA TODAY. "And we look forward to the Court of Appeals reviewing it."
This article originally appeared on USA TODAY: Drake's 'Not Like Us' lawsuit tossed, judge says Kendrick Lamar landed 'killing blow'
Reporting by Anna Kaufman, USA TODAY / USA TODAY
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