Judge leaves room for an amendment to be filed
Gawker has emerged triumphant in its legal battle with Quentin Tarantino.
A federal judge in California has dismissed Tarantino’s lawsuit against Gawker Media, which the director filed in January, after Gawker.com published a link to his script for “The Hateful Eight.”
Tarantino’s suit contended that Gawker “crossed the journalistic line” and that Gawker Media had contributed to copyright infringement.
“There was nothing newsworthy or journalistic about Gawker Media facilitating and encouraging the public’s violation of Plaintiff’s copyright in the Screenplay, and it’s conduct will not shield Gawker Media from liability for their unlawful activity,” Tarantino’s suit read.
However, Judge John F. Walter sided with Gawker, which had earlier filed a motion to dismiss the lawsuit in March.
“[N]owhere in these paragraphs or anywhere else in the Complaint does Plaintiff allege a single act of direct infringement committed by any member of the general public that would support Plaintiff’s claim for contributory infringement. Instead, Plaintiff merely speculates that some direct infringement must have taken place. For example, Plaintiff’s Complaint fails to allege the identity of a single third-party infringer, the date, the time, or the details of a single instance of third-party infringement, or, more importantly, how Defendant allegedly caused, induced, or materially contributed to the infringement by those third parties,” Martin noted in his decision.
Walter added, “Court GRANTS Defendant’s Motion on the grounds that Plaintiff has failed to adequately plead facts establishing direct infringement by a third party or facts that would demonstrate Defendant either caused, induced, or materially contributed to the alleged direct infringement of those third party infringers.”
The judge did, however, grant a leave for Tarantino to file an amendment for his contributory infringement claim, which should be filed by May 1.
Tarantino’s attorney has not yet responded to TheWrap’s request for comment.
Pamela Chelin contributed to this report.