The ruling finds that the authors did not breach a contract with Randy’s family by using materials they had agreed only to use in a never-made documentary.
The Rhoads family argued they had a First Amendment right to publish the material, which ended up in the book, simply called “Randy Rhoads.”
The three-judge panel overturned a lower court’s denial of a motion to dismiss the suit under California’s law against suits used to curtail First Amendment rights, known as the anti-SLAPP statute.
The attorney for Peter Margolis and Andrew Klein, who wrote the book, argued before the court that the purportedly “proprietary” information contained in the book could have been procured from the late guitarist’s family’s public tributes.
The ruling puts an end to a lawsuit filed against Klein and Margolis in 2012 by the Rhoads family.
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