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Kim Kardashian and Kanye West have been authorized to proceed with their lawsuit against YouTube co-founder Chad Hurley, a California appeals court ruled Wednesday.

According to an AP report, Hurley posted footage of West’s 2013 proposal to Kardashian—which took place at San Francisco’s AT&T Park—on his website MixBit despite having a confidentiality agreement in place. The leak appeared before the proposal aired on Keeping Up With the Kardashians.

The couple filed the suit in March of 2014, at which point Hurley claimed the confidentiality agreement did not apply to MixBit. Hurley’s lawyer Rodger Cole added that his client’s First Amendment and free speech rights allowed him to have posted the video.

However, the 2nd District court of Appeal in Los Angeles declared that some of Hurley’s suit “lacks merit,” and West and Kardashian could win a case based on claims of fraud, unjust enrichment, and breach of contract.