Kim Kardashian and Kanye West's lawsuit over their leaked engagement footage can go ahead, a judge has ruled.

The couple were taking legal action against YouTube co-founder Chad Hurley for posting a 150-second video of the rapper's lavish proposal at San Francisco's AT&T Park stadium, but the tech entrepreneur had sought for the case to be dismissed on constitutional grounds, claiming it violated his rights to free speech. He also argued he wasn't informed he wasn't allowed to film or distribute the footage but a judge ruled yesterday that the word "CONFIDENTIALITY" could be seen clearly on a document he signed when entering the stadium.

And Chad could also face fraud charges, website TMZ reports, as the judge agreed with Kim and Kanye's view that his "wrangling" over the case has been "improper."

The couple - who have nine-month-old daughter North together - are seeking unspecified damages against Chad and his company Avos Systems Inc for posting the blurry video on his new website MixBit.