On /quentin-tarantino-sues-gawker-over-the-hateful-eight-script-leak/January 27, Quentin Tarantino sued Gawker Media over the further leak of his screenplay The Hateful Eight, which contributed to the filmmaker's plans to cancel the shoot. More than a month later, Gawker has responded to this copyright infringement lawsuit, demanding that the case be thrown out of court.
While Gawker was accused of promoting and disseminating the leaked script for The Hateful Eight, the company claims that they are not responsible for damages.
"Because there was no primary infringement to which Gawker's links contributed, plaintiff has failed to state a claim for contributory copyright Infringement. Even if plaintiff had been able to establish the elements of such a claim, Gawker's use of links to materials already posted to the Internet by third parties was privileged as a fair use."
This comes from a 26-page motion for dismissal that you can read for yourself: CLICK HERE
Gawker has requested an April 14 hearing in front of federal district Judge John F. Walter. In the initial complaint filed by Quentin Tarantino, the director accused Gawker of being in the business of predatory journalism, claimed they were in violation of people's right to make money. He asked for a jury trial, and is seeking $1 million in damages. The director went after the media site because he claims they "crossed the journalistic line by promoting itself to the public as the first source to read the entire Screenplay illegally."
On the day the lawsuit was filed, Gawker shot back claiming Quentin Tarantino was at fault for publicizing the script leak, and that all they did was point to where the screenplay could be read. They claim to have nothing to do with the site that published the actual screenplay.
The defendant's filling today continued with this,
"Gawker did not 'scoop' plaintiff's right of first publication as the script was online prior to Gawker's links, and Quentin Tarantino himself set in motion the circumstances by which the script circulated. Gawker made minimal use of the script-it reproduced no part of it but merely linked to another publication. Gawker's use was, at most, incidentally commercial and did not usurp the primary market for and purpose of the script: to make a movie."
Changes had been made to the lawsuit since its January 27 filing date, before a legal response came from Gawker. Quentin Tarantino had Gawker Media Group Inc. dismissed as one of the defendants in his action. On February 19, Gawker claimed that because Gawker Media Group is located in the Cayman Islands, and doesn't have a single employee in California, that it was outside of the court's jurisdiction. Gawker Media LLC and Gawker Entertainment LLC are still part of the lawsuit.