Drake’s defamation lawsuit against Universal Music Group over its release of Kendrick Lamar’s scathing diss track “Not Like Us” has been dismissed.
The Canadian rapper had sued the music label, which represents both him and Lamar, over the claim that it spread the “false and malicious narrative” that he is a pedophile with the song’s lyrics, “Say, Drake, I hear you like em’ young” and “Certified Lover Boy? Certified pedophiles.”
UMG filed a motion to dismiss the lawsuit, slamming his claims as “groundless and indeed ridiculous.”
A judge granted UMG’s motion to dismiss Thursday. In the filing, seen by The Independent, the judge concluded that “the allegedly defamatory statements in ‘Not Like Us’ are nonactionable opinion.”
“A reasonable listener could not have concluded that ‘Not Like Us’ was conveying objective facts about Drake,” U.S. District Judge Jeannette Vargas said.
Vargas added: “The fact that the Recording was made in the midst of a rap battle is essential to assessing its impact on a reasonable listener.
“Even apparent statements of fact may assume the character of statements of opinion… when made in public debate, heated labor dispute, or other circumstances in which an audience may anticipate the use of epithets, fiery rhetoric or hyperbole.”
The judge was also unconvinced by Drake’s legal team’s arguments that UMG had manipulated streaming services in order to promote “Not Like Us.”
Vargas wrote: “To allege that UMG implemented covert practices to manipulate streams of ‘Not Like Us’ and inflate the Recording’s perceived popularity, Plaintiff relies on Tweets7by individual users and reporting from fans to allege that UMG utilized covert tactics to manipulate streams of ‘Not Like Us.’ The Court finds Plaintiff’s reliance on online comments and reporting insufficient to meet the plausibility standard.”
In a statement to The Independent, a spokesperson for Drake said: "We intend to appeal today’s ruling, and we look forward to the Court of Appeals reviewing it.”
Drake had been locked in a legal feud with UMG since January, when he alleged that the record label knew the accusations made in Lamar’s chart-topping hit were false but chose corporate greed over the safety and well-being of its artists.
UMG CEO and chairman Lucian Grainge later filed a letter, calling Drake’s claims “farcical” and “nonsensical.”
He noted that the company had spent “hundreds of millions” in furthering the “Passionfruit” rapper’s music career, since he signed with the company’s Republic imprint in 2009.
UMG also filed a separate letter, similarly ridiculing Drake’s claims.
“The premise of Drake’s motion — that he could not have lost a rap battle unless it was the product of some imagined secret conspiracy going to the top of UMG’s corporate structure — is absurd,” the filing read.
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