AceShowbiz - %cKanye West% and %cKim Kardashian%'s lawsuit against YouTube co-founder, Chad Hurley, is about to proceed. On Wednesday, April 22, a California appeals court allowed the lawsuit over leaked footage of West's surprise 2013 marriage proposal to Kardashian to move forward.
Hurley posted footage of West's proposal on his website MixBit to gain public attention since the website was new. Hurley reportedly snuck into AT&T Park, where West proposed to Kardashian with a Jumbotron message that read "PLEEEASE MARRY MEEE!!!", and intentionally filmed the proposal. He was allowed to stay after he signed a non-disclosure agreement, but it was later revealed that Hurley didn't fulfill the agreement. "Hurley proceeded to try to turn the event into one starring himself, broadcasting the images he knew were the exclusive property rights of someone else," so read the couple's lawsuit.
Hurley's team argued that a confidentiality agreement he signed was not binding on MixBit, claiming that Hurley didn't leak confidential information about the proposal. Meanwhile, his lawyer argued to the lower court that Hurley's First Amendment and free speech rights protected posting the video.
However, the 2nd District court of Appeal in Los Angeles declared that some of Hurley's suit lacked merit. It indicates that West and Kardashian could win the case based on claims of fraud, unjust enrichment, and breach of contract.