The video at the center of this story is Kanye West’s marriage proposal to Kim Kardashian, and a California court just said the couple’s lawsuit over it can keep going.
According to CBS News, the roughly two and a half minute clip was filmed in October 2013 at San Francisco’s AT&T Park by YouTube co founder Chad Hurley. It was shot for a planned reality show about the couple. Kim and Kanye allege that Hurley posted the footage on his new video site, MixBit, within hours of leaving the event, in breach of a confidentiality agreement.
The couple sued Hurley for breach of contract, fraud and unjust enrichment. This is a civil case, not a criminal one. On Wednesday, April 22, 2015, a three judge panel of California’s 2nd District Court of Appeal ruled the lawsuit can proceed. The court said the couple had shown they could likely win, and wrote that “a jury may reasonably infer fraudulent intent from these circumstances.” The court also said some of Hurley’s arguments lack merit.
Hurley’s side argues the confidentiality agreement did not bind MixBit and that he did not leak confidential information. His legal team also says posting the video was protected by free speech and the First Amendment. His attorney, Rodger Cole, did not respond to CBS News when asked for comment.
The case now moves forward, and a jury could ultimately decide it.
