Kanye West and Kim Kardashian have been given the go-ahead to file a lawsuit against YouTube co-founder Chad Hurley over the case of their leaked marriage proposal.

According to West and Kardashian, Hurley snuck onto the location of the 2013 marriage proposal, an elaborately prepared scene at AT&T Park in San Francisco, with the express intention of filming and leaking the proceedings. Hurley was forced to sign a non-disclosure agreement barring him from sharing information about the proposal. Nonetheless, he went ahead with leaking the proposal footage on his then-nascent video platform MixBit and later argued that a loophole allowed him to do so without breaking the contract, according to the AP.

A California appeals court decision disagrees and the lawsuit against him has now been cleared to move forward, according to PageSix.

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The marriage proposal, which took place on Kardashian’s 33rd birthday, was initially set to debut as a part of the reality series Keeping Up With the Kardashians but Hurley’s leaked footage quickly spread around the Internet well ahead of the eventual air-date.

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