Gawker is demanding that the lawsuit filed by Quentin Tarantino — claiming that Gawker violated copyright laws by posting a link to the leaked script to The Hateful Eight — be dismissed. According to The Hollywood Reporter, Gawker is claiming that reading a script doesn’t qualify as copyright infringement.
Robert Penchina, Gawker’s lawyer, is arguing that there is no proof that anyone who clicked the site’s link to the read the Tarantino screenplay did anything wrong:
Here, the Complaint does no more than raise the possibility that some member of the public who accessed plaintiff’s script using Gawker’s link subsequently violated Tarantino’s rights by committing an infringement. 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.
Penchina goes on to note that if there is no proof any Gawker readers “actually saved or otherwise made a copy” then there isn’t anything of substance to Tarantino’s lawsuit.