On Thursday a New York judge refused , for the second time, to throw out a case accusing Arianna Huffington of having stolen the idea for the Huffington Post.
The case, which began in 2011, accuses Huffington and her co-founder Ken Lerer of having begun the process of launching the site on the urging of two Democratic advisers, Peter Daou and James Boyce, in 2004, before dropping them and launching the site on their own the year after.
Daou claims he circulated a memo about a “new kind of Democratic news-reporting website and blogging ‘ring’ or collective” which was then stolen by Huffington. New York law only allows people to sue over ideas which are "novel and concrete", and much of the case, if it ever reaches trial, is likely to concentrate on that.
The last eighteen months have been occupied with procedural wrangling, but on Thursday, the court accepted an amended complaint from Daou and Boyce allowing them to proceed to trial with not only the idea theft accusation, but also charges of fraud and unjust enrichment.
Today’s ruling does not mean that Daou and Boyce have won the case. Instead, it means they have cleared a crucial procedural hearing and, thanks to the added claims, can proceed to a trial with a stronger hand.
The Huffington Post's statement on the matter is calm:
The court has made only a preliminary decision based solely on the uncontradicted allegations of the complaint and without any consideration of the proven facts. As we have said from day 1, there is no merit to these allegations. They are make believe. With this ruling, we will now be able to move for summary judgment and lay out the actual evidence in this case. We look forward to the opportunity to present the full record to the court.