A lawsuit by Kim Kardashian and Kanye West over leaked footage of their marriage proposal can proceed because it does not violate the free speech rights of the co-founder of YouTube, a judge ruled on Tuesday.
The ruling came as Superior Court Judge Ruth Ann Kwan rejected a motion by tech entrepreneur Chad Hurley seeking dismissal of the case against him on constitutional grounds, meaning they fill face each other in court on November 17.
Hurley was sued days after posting a 2 1/2 minute video of West’s lavish proposal to Kardashian in October on his new video-sharing website MixBit.
He claims that he wasn’t informed that he was not allowed to film or distribute the footage which West did allow to be filmed for the possible broadcast on E! Entertainment, which is home to his fiancée’s show Keeping Up With the Kardashians.
But the judge agreed that ‘CONFIDENTIALTY’ could be read clearly on a document that he signed.
And he backed up the couple’s view that his ‘wrangling’ over the case has been ‘improper.’
Which means he could be liable to face fraud charges, according to TMZ sources, and face paying millions to the engaged couple.
Google bought YouTube for $1.6 billion, so he has the money to lose.