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Kanye West and Kim Kardashian have been given the green light to proceed with their lawsuit against YouTube’s co-founder Chad Hurley.

Back in 2013, the celebrity couple sued Hurley after he posted footage of West’s proposal to Kardashian (which took place at AT&T Park in San Francisco) to his new website, MixBit, despite reportedly having a confidentiality agreement in place, according to the AP.

In his defense, Hurley argued that the aforementioned confidentiality agreement was not binding to MixBit. His lawyer, Rodger Cole, later added that his client’s First Amendment and free speech rights allowed him to have posted the video, according to Entertainment Weekly.

However, yesterday (April 23), the 2nd District Court of Appeal in Los Angeles upheld the ruling. In addition to stating that some of Hurley’s suit “lacks merit,” the court said that Kanye and Kim could win a case on claims of breach of contract, fraud and unjust enrichment.

Footage of the marriage proposal was originally intended to air on Keeping Up with the Kardashians.

KimYe To Sue YouTube Founder For Leaking Engagement Footage  was originally published on