A judge grants the website’s motion to dismiss the suit over the leaked “Hateful Eight” script because the director “failed to adequately plead facts establishing direct infringement” by people who clicked on the link.
But U.S. District Court Judge John F. Walter has also allowed Tarantino to refile the case by May 1.
“Nowhere 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.”, Walter said.
The “Pulp Fiction” director announced in January that he had scrapped plans to film the movie as his next project because the screenplay had been leaked.
He subsequently filed a lawsuit accusing Gawker Media of “predatory journalism” over the 146-page script.
Gawker argued that it was simply reporting the emergence of the script online as a follow-up to a previous item, and that including the link was fair use. However, titling this initial story ‘Quentin Tarantino Throws Temper Tantrum After Script Leak’ and asking readers for a copy of the script won’t have predisposed Tarantino in the site’s favor.
Tarantino said he’d only given the unwatermarked screenplay to six people, three of whom were Reservoir Dogs star Michael Madsen, Bruce Dern and Tim Roth. He apparently still trusts these three, who took part in a one-off reading of the script last weekend. According to the BBC, he’s working on a new version of the script, the story of bounty hunters trapped by a blizzard in 19th-century Wyoming.