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Jury sides with Hulk Hogan in his sex tape lawsuit against Gawker & awards him $115m

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I’m going to suggest an alternative approach. The best regulation for speech, in a free society, is more speech. We each claim to respect independent journalism, and liberty. We each have criticisms of the other’s methods and objectives. Now you have revealed yourself, let us have an open and public debate.

The court cases will proceed as long as you fund them. And I am sure the war of headlines will continue. But, even if we put down weapons just for a brief truce, let us have a more constructive exchange.

We can hold the discussion in person with a moderator of your choosing, in front of an audience, under the auspices of the Committee to Protect Journalists, or in a written discussion on some neutral platform such as Medium. Just tell me where and when.

I don't think Denton is in any position to be making requests here.
 
T

Transhuman

Unconfirmed Member
I'm glad that you pointed this out. I first saw something about the Mother Jones example on Vox earlier today at work (where I was definitely working), and I was honestly surprised to see so many people so blithely ignorant about the larger consequences of Thiel's tactics.

They are entirely different, unless you believe Hulk Hogan's lawsuit was a SLAPP suit. The only thing people should gather from the Mother Jones case is that anti-SLAPP legislation varying by state is stupid.
 

Hoo-doo

Banned
I don't think Denton is in any position to be making requests here.

This is not Denton making a request, this reads like a 'please reconsider, i'd do anything' kind of plea.

Denton knows he can't compete with the funding that Peter Thiel is putting in this case and that he basically already lost. He also knows that Thiel's involvement is personal. So if Thiel gets offered the opportunity to verbally slap Denton around on a public stage for a few hours, it might satisfy Thiel's bloodlust and perhaps even save Gawker from getting drilled into the ground.

At least, I think that's what Denton is going for here.
 

Zaph

Member
It should bother people more. Same thing happened to Mother Jones. It'll be more common as those with deep pockets realize what they can do.


Gawker did wrong here and that falls on them, but you should absolutely be fucking afraid of this being used as a tactic. Because it will keep happening.

Yup, this is why the "fuck gawker" stance just doesn't sit well with me. They've written some horrible stories, but what we're seeing is basically oligarchs sending a clear message they're off-limits. The chilling effect of that on the press is way worse than anything Gawker could write.
 

twinturbo2

butthurt Heat fan
Yup, this is why the "fuck gawker" stance just doesn't sit well with me. They've written some horrible stories, but what we're seeing is basically oligarchs sending a clear message they're off-limits. The chilling effect of that on the press is way worse than anything Gawker could write.
The sad thing is, it may have already happened. Look at the Las Vegas Review-Journal after Sheldon Adelson bought it. They published a ton of unfavorable things about him, so he bought it. You could imagine what happened next.

It's only going to get so much worse before it gets better.
 

Kinyou

Member
Yup, this is why the "fuck gawker" stance just doesn't sit well with me. They've written some horrible stories, but what we're seeing is basically oligarchs sending a clear message they're off-limits. The chilling effect of that on the press is way worse than anything Gawker could write.

What is the alternative? That billionaires shouldn't be allowed to sue the media?
 

Aselith

Member
Yup, this is why the "fuck gawker" stance just doesn't sit well with me. They've written some horrible stories, but what we're seeing is basically oligarchs sending a clear message they're off-limits. The chilling effect of that on the press is way worse than anything Gawker could write.

I think something was lost in translation because in the case of Mother Jones, he lost...

Plus in the Gawker case, he only won because he backed someone that they actually wronged and only after ten years of digging.

Plus they actually wronged him ten years ago, what they did to Thiel should have already been off limits.
 

twinturbo2

butthurt Heat fan
I think something was lost in translation because in the case of Mother Jones, he lost...

Plus in the Gawker case, he only won because he backed someone that they actually wronged and only after ten years of digging.

Plus they actually wronged him ten years ago, what they did to Thiel should have already been off limits.
Mother Jones and their insurance company lost $2.5 million in legal fees fighting that. They lost by winning.

And this case takes another turn as the founder of eBay is white knighting Gawker.

http://nyp.st/1X1iCzi
 

Aselith

Member
Mother Jones and their insurance company lost $2.5 million in legal fees fighting that. They lost by winning.

And this case takes another turn as the founder of eBay is white knighting Gawker.

http://nyp.st/1X1iCzi

Kinda, I mean they didn't go out of business and he would have lost a similar amount or more. It's hardly some sort of mandate to continue with these shenanigans and if it got REALLY bad, it would behoove these companies to incorporate in a place where they can counter sue.
 

Balphon

Member
It should bother people more. Same thing happened to Mother Jones. It'll be more common as those with deep pockets realize what they can do.

Gawker did wrong here and that falls on them, but you should absolutely be fucking afraid of this being used as a tactic. Because it will keep happening.

SLAPPs aren't a new concept. A more uniform and comprehensive regulatory regime designed to mitigate them is needed, though.

Still, I'm not sure I'd characterize the actions against Gawker and Mother Jones in the same way. The Hogan case has actual merit.
 
I just wish everyone involved in this wasn't such a sack of shit.

The most important issues tend to get hammered out in battles between people or organizations who are, at the very least, not popular. One of the most important cases for what constitutes parody involved a case where Hustler magazine printed a parody advertisement where "Jerry Falwell" admits that he regularly fucks his mother.

If you let personal disgust take over the actual principle, then you're going to get some really ugly results for everyone.
 

Mesousa

Banned
The most important issues tend to get hammered out in battles between people or organizations who are, at the very least, not popular. One of the most important cases for what constitutes parody involved a case where Hustler magazine printed a parody advertisement where "Jerry Falwell" admits that he regularly fucks his mother.

If you let personal disgust take over the actual principle, then you're going to get some really ugly results for everyone.

Very true.

I would guess its in the public interest that Gawker, as despicable as some find it, wins an appeal.
 
The most important issues tend to get hammered out in battles between people or organizations who are, at the very least, not popular. One of the most important cases for what constitutes parody involved a case where Hustler magazine printed a parody advertisement where "Jerry Falwell" admits that he regularly fucks his mother.

If you let personal disgust take over the actual principle, then you're going to get some really ugly results for everyone.
Yup. I mean on this is clear gawker did something that might be breaking the law (I really don't know where I stand on the sex tape thing) but the judgement and number and the non-disclosure of funding raise super important questions.

Even if they broke the law (which many news organizations have) they don't get shut down for vengeance, they settle or pay out for the specific thing they did wrong they're not burned down. The courts are supposed to balance the interests of gawker being able to pay for their law breaking and Hogan's right to compensation (if again a appeal upholds the verdict).

I mean in lots of other cases it's easy to see the principle at stake but its gawker which has done some horrible thing.

I guess just pretend instead of Peter thiel backing this case as revenge for outing him it's Steve Jobs bankrolling Hogan for revenge of their leak of the iPhone4 or ubisoft for all the leaks Jason gets. There it's a bit easier to not be in the gutter to see how this is not a road we want to go down even if the Hogan case is right.

I mean the tabloids get sued all the time but they're not going up against people with unlimited resources so wrong doing is punished much more equitably with the wrong doing.
 

Tripon

Member
Jurors at Hulk Hogan’s invasion-of-privacy trial heard Friday how former top Gawker editor Albert “A.J.” Daulerio — who put the infamous Hogan sex tape online — also posted video of the young woman engaged in sex in a bathroom stall at a Bloomington, Ind., sports bar in May 2010.

Days later, the woman wrote Gawker, begging that the video be taken down from its sports-themed Deadspin Website, according to e-mails read in court by Hogan lawyer Shane Vogt.

“I am the girl in it and it was stolen from me and put up without my permission,” the unidentified woman wrote on May 11, 2010.

Gawker’s complaint department forwarded the message to Daulerio, along with a note saying, “Blah, blah, blah,” Vogt said.

Daulerio then e-mailed the woman and told her to “not make a big deal out of this,” adding: “I’m sure it’s embarrassing but these things do pass, keep your head up.”

Then-company lawyer Gaby Darbyshire also e-mailed the woman, defending the video as “completely newsworthy” and scolding her about how “one’s actions can have unintended consequences.”
http://nypost.com/2016/03/11/blah-b...who-begged-him-to-remove-possible-rape-video/

I really wondered the culture at Gawker where they thought this was acceptable.
This article was written back in March.
 
Sucks for the hundreds of good people who work there.

And the beneficiary is a weird racist.

Sometimes there's no upside.

Well, y'know, apart from the scummy piece-of-shit tabloid losing the case. But I suppose a single racist has-been wrestler is much worse than a company that does shit like outing gay men, right?
 

Stinkles

Clothed, sober, cooperative
Well, y'know, apart from the scummy piece-of-shit tabloid losing the case. But I suppose a single racist has-been wrestler is much worse than a company that does shit like forcibly out gay men, right?


I am literally ONLY empathizing with the random bastards who are writing about the latest Audi cabin or video game feature. gawker did this to itself as an entity.

I clearly didn't identify the fact that they do stupid shit enough. Which is a fair criticism of my post
 
I am literally ONLY empathizing with the random bastards who are writing about the latest Audi cabin or video game feature. gawker did this to itself as an entity.

I clearly didn't identify the fact that they do stupid shit enough. Which is a fair criticism of my post

Well yeah, you did say there was no upside. And you didn't identify their doing of stupid shit at all.
 

geomon

Member
I am literally ONLY empathizing with the random bastards who are writing about the latest Audi cabin or video game feature.

I just hope those people land on their feet. The people who had nothing to do with Gawker's liability in this case don't deserve to go down with the ship.
 

FyreWulff

Member
I just hope those people land on their feet. The people who had nothing to do with Gawker's liability in this case don't deserve to go down with the ship.

I think they will, but Ziff Davis slimming staff down is probably inevitable. Redundancy merges are always painful.
 

RBH

Member
maxresdefault.jpg

https://www.youtube.com/watch?v=G9v6ea9FL6M

John Cena and David Schwimmer (Martin Short) audition for FX's new show Hulk Hogan v. Gawker.
 

painey

Member
wow.. what trash.. its like a scene not good enough for SNL.. which is saying something. When Cena is the best actor in your scene.. jesus
 

SapientWolf

Trucker Sexologist
Well, y'know, apart from the scummy piece-of-shit tabloid losing the case. But I suppose a single racist has-been wrestler is much worse than a company that does shit like outing gay men, right?
It depends on who they out. If it's a politician voting against LGBT rights then I have no moral qualms about it.

We need journos with some balls because they also do things like leak racist tapes from has been wrestlers. But the problem with Gawker is that they're chaotic rather than good. They just want to watch the world burn and broadcast the images for clicks.
 

RBH

Member
On Thursday, less than 24 hours after a bittersweet pizza party at the Gawker Media office in New York City to commemorate the bankruptcy-induced end of the company’s independence, the hits kept on coming in court. Back in Pinellas County, Florida, Hulk Hogan (real name Terry Bollea) got control of the assets of former Gawker editor-in-chief A.J. Daulerio. Daulerio was the Gawker staffer most instrumental in the posting of the Hogan sex tape,which led to Hogan getting a favorable jury verdict in an invasion of privacy trial in March.

Daulerio’s co-defendants, Gawker Media and Nick Denton, have both filed for bankruptcy. As a result, the $115 million in compensatory damages awarded by the jury are all Daulerio’s responsibility. Daulerio also owes $100,000 in punitive damages. In an affidavit filed Wednesday, Daulerio explained that his assets boil down to 0.0059% of Gawker’s Cayman Islands-based sister company, 44.7% of RGFree, the parent company of Ratter, which is no longer operational and was never profitable, $1,505.78 in a checking a account, and a small amount of personal affects.

On Monday, the checking account was frozen due to a court order. with a hold for $230.2 million, twice the amount of the judgment (not clear why it’s doubled) being placed on by Chase. Then, on Thursday, Daulerio took to the Ratter Twitter account to protest:

https://twitter.com/ratterofficial/status/763781491776114689


That hashtag is aimed at billionaire Peter Thiel, who’s admitted to funding Hogan’s legal bills to punish Gawker, by the way.

As the Tampa Bay Times’ Claire McNeill, who was at the hearing, explained on Twitter, the control of Daulerio’s assets include the rights from his Gawker employment contract that make the company pay for any legal judgments against him:

https://twitter.com/clairemcneill/status/763844465005965312
http://lawnewz.com/high-profile/jud...gets-control-of-former-gawker-editors-assets/


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