Kim Kardashian and Kanye West could win millions from their lawsuit against the YouTube founder who posted the video of West’s proposal. The case has just been given the green light to proceed after a judge looked into the laws surrounding free speech.
According to Ruth Ann Kwan, a Superior Court judge, going ahead with the case will not breach Chad Hurley’s constitutional rights of free speech. This was the motion the co-founder of YouTube and tech entrepreneur put forward to avoid the case that will take place on November 17, 2014.
The founder of the popular video sharing website took a two and a half minute video of West proposing to Kardashian in October. Rather than sharing it on YouTube, he opted for MIxBit, which was his new video-sharing website. There are various reasons to do this. He may have realized that he was in the wrong, or it may have been a way to gain more new users to the very new website.
As a defense for his actions, Hurley explained that there was nothing stating that he could not film and share the proposal. West had already agreed to E! Entertainment filming the whole event. Coincidently, E! Entertainment is the network for the rapper’s fiancee’s reality TV show, Keeping Up With the Kardashian’s. There are also possibilities that the network will have the rights to film the entire wedding, which is something Beyonce and Jay-Z are not too pleased about.
If they win the lawsuit against the YouTube founder for his video, West and Kardashian could receive millions of dollars in damages. Considering he gained a good share of the $1.6 billion that Google bought the video-sharing website for, Hurley could find himself paying out a large amount.
Judge Kwan noted that the documents he had received clearly had the term “confidentiality” written on it. This suggests that Hurley knew that the video was not for sharing with the public.
The video may have been fuzzy, but it was possible to make out West proposing while an orchestra played behind him. After the proposal, which took place on Kardashian’s 33rd birthday, the families and friends of the couple joined together to celebrate the event.
There are questions about whether the lawsuit will be settled out of court. While Hurley may want this, it seems that the high-profile couple wants to set a standard and make it clear that this can never happen again. Both have pressed for the case to go to court, and have stated unspecified damages in their claim so it will be up the judge to decide.
The upcoming court case will not get in the way of the couple’s wedding plans. The date for the wedding was finally set a couple of weeks ago and will be May 24, just less than a month before daughter North’s first birthday. It will be somewhere in Paris, and guests are being asked to sign confidentiality agreements to avoid the wedding being posted anywhere online. The last thing Kardashian and West want is to deal with another lawsuit over a video like the upcoming one with the YouTube founder, which could see them gain millions if they win.
Opinion by Alexandria Ingham