TatteredHat
Member
Sets a great precedent for future sex tape leaks.
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Jury awards $25M more to Hulk Hogan
- Thread starter Dennis
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dreamcastmaster
Banned
Good because I'm tired of the cynical "leaked" sex tapes already.
Heavy's Sandvich
Member
How do I show my support for the hulk?
He has enough money to buy into marvel and replace the incredible hulk
He has enough money to buy into marvel and replace the incredible hulk
Lovely Salsa
Banned
So how much of that sum will he get? Since gawker cant pay all of it
Candescence
Member
I probably worded that poorly, but I'm not speaking from a moral perspective, just from a strictly legal one in terms of what is considered "newsworthy" and thus deserving of legal protection.
The article pretty much explains what the problem is, really, but the case ruling raises rather awkward questions on what can be protected as "newsworthy". Investigative journalism, for example, involves publishing all sorts of material that was originally meant to never be published or seen by the general public. Publishing a sex tape of someone if the recording was never consensual is an incredibly shitty thing to do, sure, but a jury arbitrarily declaring it not deserving of legal protection is inherently problematic for the entire profession of journalism, even for news content that is far, far more in the public interest but technically crosses the same legal lines as what we're seeing here.
I'm all for privacy rights, but the chilling effects that this case could create is honestly more concerning to me. Kind of a shitty catch-22, really.
That's what all those revenge-pornsites have been saying all along! First amendment absolutely should give them the right to publish other peoples sextapes, it's their right.
Candescence
Member
Revenge porn is a something of a different issue that has nothing to do with journalism - a big problem but fixing it through specifically-targeting legislation can be legally problematic, especially with the examples of some states that devise broad and badly thought out revenge porn laws. That being said, US authorities have been able to use existing laws around unauthorized computer hacking and extortion to tear down revenge porn operators with quite a bit of success, at least, and there are well-crafted state laws targeting revenge porn.
There's a huge difference between condoning a practice and raising concerns about trying to attack it without considering unintended legal consequences first. This case is much more legally murky, whereas tackling revenge porn is considerably easier as long as you don't do it like Arizona did.
Nah, it seems clear enough. If gawker had the journalistic intention of outing Hogans stance on race they could have done so without publishing Hogans dick. The sextape is what gave them clicks though, so that's what they published. I don't really see how it's a "huge difference" compared to any revenge porn site.
Big Baybee
Member
Can't bring myself to be excited about a rich racist getting richer.
Supermanisdead
Member
they should have given the money to charity and left both gawker and hogan broke on the street
Just because he's a racist piece of shit doesn't mean he doesn't have rights. Nobody's forgotten about his racism.
captainpat
Member
So, other than making some racist statements caught in that sex tape (which is already pretty bad), has he done any other racist shit?
witchedwiz
Member
jotun said:
this is a travesty..
hogan's privacy should be worth LESS than an average man's death "reiumberseument" so to speak, instead invasaion to privacy to a guy that (used to) live under some deranged spotlight it's worth more..
'murica indeed..
Jesus Christ can this shit start being filtered now. Every hulk thread this shit is thrown around. HULK HOGAN LOST EVERYTHING BECAUSE OF HIS RACIST REMARKS, HIS JOB, HIS BUSINESS, HIS LIVELY HOOD, EVERYTHING.
Hulk hogan is an asshole, no doubt and he paid the price.
Gawker is trash, disobeyed the law and now pays the price. So please stop witht this shit.
Dick Justice
Banned
They're both giant assholes.
Or perhaps one of these is a harmless old racist, and the other is a piece of shit media entity that engages in the yellowest of "journalism".
MarkMclovin
Member
So he was fired from WWE because of the sex tape? I thought it was because of his racist remarks?
I don't get the potential loss of earnings bit.
I don't get the potential loss of earnings bit.
The Elite
BOSS
Fuck both of them.
Ginger Hail
Member
The racist remarks were in the sex tape.
MarkMclovin
Member
Ah ok makes sense. I've not seen it, thank God.
Perhaps Gawker's attorneys were unable to prove it was the racist remarks 'alone' that got him fired. If the rest of the tape was also a factor than it might be hard to separate two in court.
Fox Mulder
Member
Even racist assholes have rights. It's irrelevant to this situation really.
Gawkers attorneys were dogshit. It was the racist remarks that did Hogan in, but the timeline was that they did the sextape story which didn't have the whole thing on, then Hogan went to sue and after that Gawker put up the clip with the racist shit in it. It's easy to separate the two, but Gawker basically did it as retaliation for taking legal action on the sex tape.
Nothing Gawker did before and during the trial painted them in a good light with the jury.
A lot of people seem to be hung up on the little details, which is pretty much irrelevant to the case. To simplify:
Gawker obtains [private video] of Hulk Hogan. [Private video] contains [damaging content] to Hulk Hogan's career. Gawker is court ordered to take down [private video] and refuses. Hogan sues for damages.
Whether it's for sex or racism, or if you hate Gawker or hate Hogan, it doesn't really affect what this case was ultimately about. Gawker intentionally published something and disobeyed a court order which resulted in damages to the other party.
Gawker obtains [private video] of Hulk Hogan. [Private video] contains [damaging content] to Hulk Hogan's career. Gawker is court ordered to take down [private video] and refuses. Hogan sues for damages.
Whether it's for sex or racism, or if you hate Gawker or hate Hogan, it doesn't really affect what this case was ultimately about. Gawker intentionally published something and disobeyed a court order which resulted in damages to the other party.
First amendment shouldn't apply to unwilling sex tapes. There's no way you can consider that newsworthy \ public interest.
That's not gonna help, prenups are about preserving pre-marriage assets - anything gained during the marriage is fair game, iron-baked prenup or not.
That's not gonna help, prenups are about preserving pre-marriage assets - anything gained during the marriage is fair game, iron-baked prenup or not.
Wrongful death and a company profiting from a sex tape are completely different cases.
Gawker made money off the tape, and that gain should be wiped out. Hulk's earning potential was impaired, he should be compensated.
If gawker caused Hulk's wrongful death they would be on the hook for more than 3-4 million.
Gawker's argument is that it was not an unwilling sex tape, that Hogan knew he was being filmed, and that they were not able to present that evidence in court.
If you read more about the case, Gawker actually has reason to be confident on its chances on appeal, as nearly every time they've gone to the appellate court related to this case they've won.
Their game plan going in always accounted for them losing this first trial, and later prevailing on appeal. The major problem was that they expected that the judgement would be a much lower amount instead of this crushing figure.
The tricky thing is whether they can afford the costs of an appeal. They're likely hoping they'll get the requirement for a bond for the $50 million waived.
Hulk's earning potential was impaired by being a racist, not fucking a woman on tape.
Hari Seldon
Member
So does he just get awarded Gawker now? I'd like to see Kotaku run by the Hulkster lol.
I've been wondering about this. Even if Hogan was aware of the recording, does that in anyway help Gawker's case? He didn't consent to the release. If people (such as during the celebrity leak) take consensual pictures and share them in private, how does it differ? Does the recorder (Bubba in this case) really make a difference to a person not wanting private pictures/videos getting released? Or is this a way to cause a mistrial because Hogan was lying about one part.
Not a mistrial, but grounds for an appeal.
"What's Oculus gonna do when the Vive runs wild on you?"
Hulk Hogan
Editor-in Chief
stump sock
Member
common sense would seem to agree with you, despite the number of people who are ready to say "don't take those pictures/videos if you don't want them going public," which is a bullshit argument. but that's going to be up to the judge/jury in the appeals case(s).
couldn't happen to nicer people, really.
FloydtheFathead
Member
To piss away in another failed senate race?
Count Dookkake
Member
Having a stupid belief does not mean you have no rights. Even those who say "but he's a racist" have rights.
Hogan, not mcmahon
Kid Kamikaze10
Member
I'm happy privacy rights were defended.
But fuck Hogan, and fuck Gawker. I hope the decent employees there get jobs at better companies.
But fuck Hogan, and fuck Gawker. I hope the decent employees there get jobs at better companies.
orthodoxy1095
Banned
Oh my god
ManUnkindH
Member
What was this all about? What sex tape?
Doug Heffernan
Member
A plea for mercy? Hulk Hogan does not show mercy!
BadAss2961
Member
He should get another couple million for this tweet.
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