West and Kardashian are suing YouTube co-founder Chad Hurley for posting the engagement footage on his startup site MixBit in spite of a confidentiality agreement. "We're very confident going into the next phase of this case," said Eric George, a lawyer representing the couple.
Hurley posted grainy footage of West popping the question in October not long after the Chicago MC asked for Kardashian's hand in marriage, and months before the entire event was scheduled to air on Keeping Up With the Kardashians earlier this year. The billionaire tech developer wanted the case dismissed under the First Amendment. Superior Court Judge Ruth Ann Quan rejected the claim, deciding that Hurley's freedom of speech rights were not jeopardized.
In legal docs, West and Kardashian say that Hurley was the guest of another attendee, and was not personally invited to the elaborate surprise ceremony. The couple also claim he used them to promote MixBit, while Hurley argues that he only posted the recording after seeing other images from the proposal online. "We still believe Mr. Hurley's conduct should be protected by the First Amendment free speech rights," said Hurley's attorney, Rodger Cole. "We do not believe the celebrity release agreement should preclude him from posting the video he posted."
It is unclear how much West and Kardashian will seek from Hurley. A trial date has been set for Nov. 17.
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(Photo: Splash News)