It a news site that downloads copyrighted material violating the rights of the author?
Quentin Tarantino is back for more with Gawker Media; he’s accusing the media company of direct copyright infringement of his leaked script for “The Hateful Eight.” He asserts that Gawker infringed his copyright through its unauthorized download of a PDF copy of the screenplay.
Quentin Tarantino has opened up his lawsuit against Gawker again
“Gawker has made a business practice of predatory journalism,” reads the revised suit, which was thrown out the first time round with instructions to come back with something more substantial, according to Deadline.
“This time they went too far. Rather than merely publishing a news story reporting that plaintiff’s screenplay may have been circulating within certain limited Hollywood circles without his permission, Gawker crossed the journalistic line, first by requesting that a reader ‘leak’ an infringing copy directly to Gawker, then second, after obtaining a link to and itself directly downloading an infringing PDF copy, and then third, by promoting itself to the public as the first source to download and read the entire screenplay illegally and directing the public to do so,” continues the suit.
For their part, Gawker have attacked Tarantino’s lawsuit, saying: "Because plaintiff did not allege any facts showing that an infringing act actually was undertaken by a third party -- merely accessing the script by clicking on the link is legally insufficient -- plaintiff did not state a claim for contributory infringement." Basically, the lawsuit is no longer about linking the leaked script, it’s about obtaining it in the first place. And that’s what Tarantino’s lawyers are out to prove.
Despite the complicated legal proceedings, and QT claiming that ‘Hateful Eight’ was dead in the water, it looks as though it might get made after all. “I’m working on a second draft and I will do a third draft, but we’re reading from the first draft,” explained the director ahead of a live read-through with plenty of his perennial collaborators in L.A.