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Trabisnikof
Dec 24, 2005

Epic High Five posted:

Maybe don't post revenge porn in stark violation of law and decency so people don't have an opening to kick you in the ribs if they so desire

Of course, an appeals court has ruled the video was newsworthy, but why does that matter if we can cheer the wealthy bankrupting a media organization before the appeals can work their slow way through the legal system.

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Dexo
Aug 15, 2009

A city that was to live by night after the wilderness had passed. A city that was to forge out of steel and blood-red neon its own peculiar wilderness.

Spun Dog posted:

So the suit had no merits if Hogan couldn't bankroll it himself?

The problem I have with it is it's not a suit that's designed to do what's in Hogan's best interests. It's a suit designed at specifically killing the site.

They specifically removed a charge that would have allowed Gawker to tap into their Insurance's money to help pay for costs and damages to Hogan. The Insurance company has waaaay more money that Gawker could ever fork over, so if maximizing damages was the objective you would have included the Insurance company.


This is the specific targeting and attempted destruction of a media site simply because the bankroller was mad that they posted bad things about what he's doing. And are using a Hogan(who has legit grievances, though gently caress him and the fact that Famous people saying racist poo poo is newsworthy IMO, though probably didn't need the entire tape for that) as a proxy to do so.


This is really really hosed up. And the only sites I really visit on the Gawker Network are Kotaku(which would be fine, they seemingly operate autonomously, and Io9(now I guess part of Gizmondo)

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster

greatn posted:

Are you sure it wasn't because they would get more money? Cause it resulted in them getting a lot more money.

It actually probably won't. Hogan's entire legal strategy made no sense from a perspective of Hogan doing what is best for him. If he got a payout from the insurance company, there would be no appeal, he would get the entire amount in full and it would be over.

Instead he went directly for Gawker, per his agreement with Thiel, and risked getting no money. Now, even though he won, he has to face an appeal that will likely significantly shrink what he actually gets. Additionally, since the payout is from Gawker the media entity and not the insurance company Hogan will have to recoup the money through liens and collections during a bankruptcy process, which means he will get a fraction of a fraction of what the headline number is.

This whole process was designed to inflict maximum damage on Gawker and Hogan agreed because he was fronting $0 in exchange for maybe tens of millions instead of fronting $5 million in exchange for a basiucally guaranteed 50-75 million.

Spun Dog
Sep 21, 2004


Smellrose

Leon Trotsky 2012 posted:

The suit was argued in such a way that it made Hogan's chances of winning much smaller and he will recieve a smaller payout over a longer period of time (and is not even guaranteed to recieve all of it) because Thiel wanted to secretly use it as a way to go after Gawker as a media organization. Hogan agreed to accept the risk and smaller payment in exchange for keeping quiet about who was funding him in order for one person to shut down a media organization.

The suit had merit, but Hogan's legal strategy made no sense until it was revealed that Thiel was secretly funding him to shutdown a media organization he didn't like.

I don't see what the problem is then. One rich rear end in a top hat sues a bunch of other rich assholes and wins.

Grey Fox
Jan 5, 2004

Epic High Five posted:

Maybe don't post revenge porn in stark violation of law and decency so people don't have an opening to kick you in the ribs if they so desire
While we're at it, don't make jokes about posting kiddie porn in a legal deposition, either.

Epic High Five
Jun 5, 2004



Grey Fox posted:

While we're at it, don't make jokes about posting kiddie porn in a legal deposition, either.

What's the context of this?

Dexo
Aug 15, 2009

A city that was to live by night after the wilderness had passed. A city that was to forge out of steel and blood-red neon its own peculiar wilderness.

Grey Fox posted:

While we're at it, don't make jokes about posting kiddie porn in a legal deposition, either.

The dude who did that doesn't even work at Gawker anymore to be fair. And Hasn't for a while IIRC

Grey Fox
Jan 5, 2004

Epic High Five posted:

What's the context of this?
Full thing: http://blogs.findlaw.com/in_house/2016/03/gawker-trial-this-is-why-you-always-prep-employees-before-depos.html

quote:

A palpable sense of shock rippled through a courtroom here Wednesday morning when the former editor in chief of Gawker.com was shown in a videotaped deposition suggesting that almost anything goes when it comes to the newsworthiness of celebrities' sex videos.

So what did Daulerio, a former Gawker editor and named defendant, do that was so shocking? When asked to "imagine a situation where a celebrity sex tape would not be newsworthy," he replied, "if they were a child."

"Under what age?" Hogan's lawyers inquired.

"Four."

Yep. A former editor claimed, under oath, that Gawker wouldn't have any problem posting a sex tape involving five, six, or seven-year-olds.

Trabisnikof
Dec 24, 2005

Spun Dog posted:

I don't see what the problem is then. One rich rear end in a top hat sues a bunch of other rich assholes and wins.

You really see no problem in wealthy people with spite being able to use the legal process to shut down media organizations?

Now you might cheer because you don't like Gawker, but it's shallow thinking to imagine this isn't the how-to example for other individuals to shut down the media organizations they don't like.

Grey Fox
Jan 5, 2004

Dexo posted:

The dude who did that doesn't even work at Gawker anymore to be fair. And Hasn't for a while IIRC
To be fair about what? It was a terrible decision and I think it's fair to say it influenced the jury's opinion on the award.

Let's be clear, I think the suit went too far and has the potential to cause great harm to a large number of individuals with no role or knowledge in what happened here.

Alec Bald Snatch
Sep 12, 2012

by exmarx

Evil Fluffy posted:

And he was still given bail, and only for 60k. I know it's the south but come the gently caress on. I hope the feds do get involved because I have zero faith in law enforcement in the south going heavy on punishing a white military guy who targeted brown/muslim people while the Feds would nail this piece of poo poo to the wall.

The most serious thing they charged him with was assault with a deadly weapon, which is a class E felony. 60k bail is on the high end for that.

WampaLord
Jan 14, 2010

Trabisnikof posted:

You really see no problem in wealthy people with spite being able to use the legal process to shut down media organizations?

Now you might cheer because you don't like Gawker, but it's shallow thinking to imagine this isn't the how-to example for other individuals to shut down the media organizations they don't like.

Not really. I'll worry when media organizations who don't post sex tapes start getting shut down.

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Leon Trotsky 2012 posted:

The suit was argued in such a way that it made Hogan's chances of winning much smaller and he will recieve a smaller payout over a longer period of time (and is not even guaranteed to recieve all of it) because Thiel wanted to secretly use it as a way to go after Gawker as a media organization. Hogan agreed to accept the risk and smaller payment in exchange for keeping quiet about who was funding him in order for one person to shut down a media organization.

The suit had merit, but Hogan's legal strategy made no sense until it was revealed that Thiel was secretly funding him to shutdown a media organization he didn't like.

Theil was looking for people with legitimate lawsuits to fund in order to extract revenge. Since the Hogan case was in fact a legitimate lawsuit and it's fairly likely Hogan was 100% on board with a riskier legal strategy with the potential upside of really loving the people he was also legitimately mad at, I'm really at a loss to see the issue. Don't post revenge porn of people while also being a ragging rear end in a top hat about it and Theil has nothing but impotent rage.

Funding nuisance lawsuits and burying Gawker in frivolous claims is bad. Burying Gawker in legitimate lawsuits is not. Maybe Gawker shouldn't have done so much clearly wrong poo poo if they wanted to continue existing. Being media isn't a licence to do illegal/actionable poo poo, and you don't get to cry about press freedom and silencing the people when you're clearly at legit fault.

Dexo
Aug 15, 2009

A city that was to live by night after the wilderness had passed. A city that was to forge out of steel and blood-red neon its own peculiar wilderness.
AJ Daulrio is a gigantic rear end in a top hat.

But like that deposition won't have anything to do with the appeal, aside from giving the other side ammunition to use about why a billionaire killing a site is actually a good and deserved thing.

BetterToRuleInHell
Jul 2, 2007

Touch my mask top
Get the chop chop

Trabisnikof posted:

You really see no problem in wealthy people with spite being able to use the legal process to shut down media organizations?

Now you might cheer because you don't like Gawker, but it's shallow thinking to imagine this isn't the how-to example for other individuals to shut down the media organizations they don't like.

Hey man, what's the big deal if Rupert Murdoch ever decides to sue CNN and MSNBC and other actual better news organizations? Eat the rich! Also kill bankers because

greatn
Nov 15, 2006

by Lowtax

Trabisnikof posted:

You really see no problem in wealthy people with spite being able to use the legal process to shut down media organizations?

Now you might cheer because you don't like Gawker, but it's shallow thinking to imagine this isn't the how-to example for other individuals to shut down the media organizations they don't like.

I think it's more a lot of people don't consider gawker a media organization any more than they would consider TMZ a media organization

Trabisnikof
Dec 24, 2005

WampaLord posted:

Not really. I'll worry when media organizations who don't post sex tapes start getting shut down.

What if gawker completely wins their appeal but is still bankrupted by their legal costs, will you still consider it a good thing?

Spun Dog
Sep 21, 2004


Smellrose

Trabisnikof posted:

You really see no problem in wealthy people with spite being able to use the legal process to shut down media organizations?

Now you might cheer because you don't like Gawker, but it's shallow thinking to imagine this isn't the how-to example for other individuals to shut down the media organizations they don't like.

I don't think anybody was the good guy in this, so I'm pretty ambivalent.

ploots
Mar 19, 2010

Epic High Five posted:

Their mistake was ignoring their astrologers and going after Hogan instead, despite this being the Year of the Yooge Orange Man

zoux
Apr 28, 2006

https://twitter.com/BuzzFeedAndrew/status/741322688870895616

Is that normal, finance goons?

WampaLord
Jan 14, 2010

Trabisnikof posted:

What if gawker completely wins their appeal but is still bankrupted by their legal costs, will you still consider it a good thing?

"What if the situation completely changes, will you feel different about it then?"

If somehow Gawker is found to be not at fault for posting a sex tape but gets bankrupted defending it, yes, I will feel sympathy for Gawker. I doubt that will happen.

Fake Edit - Amusingly enough, this story is not yet up on Gawker. :v:

Zelder
Jan 4, 2012

people shouldn't post sex tapes of others, but people also shouldn't use the court system to bring down news organizations they personally disagree with

put me down for a "truth is in the middle"

Teddybear
May 16, 2009

Look! A teddybear doll!
It's soooo cute!


WampaLord posted:

"What if the situation completely changes, will you feel different about it then?"

If somehow Gawker is found to be not at fault for posting a sex tape but gets bankrupted defending it, yes, I will feel sympathy for Gawker. I doubt that will happen.

Fake Edit - Amusingly enough, this story is not yet up on Gawker. :v:

The appeals court found that the tape was newsworthy, which would make it well within Gawker's rights to post it. The judge in the trial court excluded that evidence. This judge has been overturned on several points throughout the trial by the higher court.

The most likely result is that Gawker will prevail on appeal if they can survive to the appeal stage. But it won't really matter now; Thiel's objective of carrying out his vendetta was achieved, and the sale is underway.

Trabisnikof
Dec 24, 2005

WampaLord posted:

"What if the situation completely changes, will you feel different about it then?"

If somehow Gawker is found to be not at fault for posting a sex tape but gets bankrupted defending it, yes, I will feel sympathy for Gawker. I doubt that will happen.

Fake Edit - Amusingly enough, this story is not yet up on Gawker. :v:

There are good legal arguments as to what gawker posted was legal. We will see how they play out on appeal.

zoux
Apr 28, 2006

Here is permission to be guilt-free mad at billionaires trying to silence the press

boner confessor
Apr 25, 2013

by R. Guyovich

Trabisnikof posted:

You really see no problem in wealthy people with spite being able to use the legal process to shut down media organizations?

Now you might cheer because you don't like Gawker, but it's shallow thinking to imagine this isn't the how-to example for other individuals to shut down the media organizations they don't like.

well i'm sure billionaires are just waiting like hawks to swoop down on the poor little plucky revenge porn tabloids of the world and shut down freedom of press

Dexo
Aug 15, 2009

A city that was to live by night after the wilderness had passed. A city that was to forge out of steel and blood-red neon its own peculiar wilderness.

WampaLord posted:

"What if the situation completely changes, will you feel different about it then?"

If somehow Gawker is found to be not at fault for posting a sex tape but gets bankrupted defending it, yes, I will feel sympathy for Gawker. I doubt that will happen.

Fake Edit - Amusingly enough, this story is not yet up on Gawker. :v:

Gawker already has 3 Florida courts that denied a preliminary injunction on the grounds that the sex tape and content within was "newsworthy". They lost a Jury trial. I still would be shocked if they lost the appeal.


It's a pity that Gawker doesn't have the funds to defend their completely legal posting of albeit trashy news from the billionaire who is mad about something else that was newsworthy that Gawker reported that made him look bad..

Dexo fucked around with this message at 18:45 on Jun 10, 2016

Chokes McGee
Aug 7, 2008

This is Urotsuki.

Zelder posted:

news organizations

Well there's your problem

Teddybear
May 16, 2009

Look! A teddybear doll!
It's soooo cute!


Popular Thug Drink posted:

well i'm sure billionaires are just waiting like hawks to swoop down on the poor little plucky revenge porn tabloids of the world and shut down freedom of press

Well, as zoux posted, there's Vandersloot's lawsuit against Mother Jones for libel that failed, but nearly wrecked the company.

Adelson bought the Las Vegas paper and immediately tried to use the coverage to influence lawsuits he was involved in.

trilobite terror
Oct 20, 2007
BUT MY LIVELIHOOD DEPENDS ON THE FORUMS!
I'm concerned about the Gawker thing if only because several of their subsidiaries have hired a lot of legitimately good writers over the last 2 years.

Trabisnikof
Dec 24, 2005

Popular Thug Drink posted:

well i'm sure billionaires are just waiting like hawks to swoop down on the poor little plucky revenge porn tabloids of the world and shut down freedom of press

Adelson secretly bought the largest paper in NV so yeah, gawker is just the latest victim.

But here's the thing, if the local mining company in Gillette wants to secretly fund all the legitimate court cases against the local paper until it is bankrupted and one of their relatives can buy it, how the gently caress would I know it was happening?

Shimrra Jamaane
Aug 10, 2007

Obscure to all except those well-versed in Yuuzhan Vong lore.
Don King has endorsed Trump.

Clinching the black vote already.

boner confessor
Apr 25, 2013

by R. Guyovich

Teddybear posted:

Well, as zoux posted, there's Vandersloot's lawsuit against Mother Jones for libel that failed, but nearly wrecked the company.

Adelson bought the Las Vegas paper and immediately tried to use the coverage to influence lawsuits he was involved in.

please don't construe me laughing at gawker for getting sued over publishing a sex tape as a defense of nuisance lawsuits. this is not a dichotomy, i can laugh at both while pointing out that gawker did do an unethical thing and got punished for it

Gynocentric Regime
Jun 9, 2010

by Cyrano4747

Evil Fluffy posted:

The real shame is that Denton will still be rich and insufferable.

Depends on how aggressive Theil wants to be, he might say he'll settle as long has Denton get's nothing.

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Trabisnikof posted:

Of course, an appeals court has ruled the video was newsworthy, but why does that matter if we can cheer the wealthy bankrupting a media organization before the appeals can work their slow way through the legal system.

Two appeals courts

Dexo
Aug 15, 2009

A city that was to live by night after the wilderness had passed. A city that was to forge out of steel and blood-red neon its own peculiar wilderness.

Popular Thug Drink posted:

please don't construe me laughing at gawker for getting sued over publishing a sex tape as a defense of nuisance lawsuits. this is not a dichotomy, i can laugh at both while pointing out that gawker did do an unethical thing and got punished for it

Unethical, debatable. I probably lean closer to your side, as you could have done a ton besides what they did to just get the news out there about what he said and did.

This is more than punishing though. This is more like akin to speeding in Oklahoma, and when you get pulled over by a cop, they decide that you may be smuggling drugs, and rather than searching your car they decide to use Civil Forfeture to take everything you own pending court cases. So you are SOL until you can hire a lawyer, and get your poo poo back.

ComradeCosmobot
Dec 4, 2004

USPOL July

haveblue posted:

Don't they have an appeal left? Did that get denied or did they just run out of money to continue?

Florida law required Gawker to put up half the money as bond before the appeal. Given that half the money was $15 million or whatever, well...

ComradeCosmobot fucked around with this message at 18:56 on Jun 10, 2016

Dubstep Jesus
Jun 27, 2012

by exmarx

Dexo posted:

Unethical, debatable. I probably lean to your side, as you could have done a ton to just get the news out there about what he said and what not .

This is more than punishing though. This is more like akin to speeding in Oklahoma, and when you get pulled over by a cop, they decide that you may be smuggling drugs, and rather than searching your car they decide to use Civil Forfeture to take everything you own pending court cases. So you are SOL until you can hire a lawyer, and get your poo poo back.

That Oklahoma device turned out to only work on prepaid gift cards. Still poo poo but not quite as bad as "can literally drain your bank account."

No Butt Stuff
Jun 10, 2004

Dubstep Jesus posted:

That Oklahoma device turned out to only work on prepaid gift cards. Still poo poo but not quite as bad as "can literally drain your bank account."

I thought this wasn't true.

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Dexo
Aug 15, 2009

A city that was to live by night after the wilderness had passed. A city that was to forge out of steel and blood-red neon its own peculiar wilderness.

Dubstep Jesus posted:

That Oklahoma device turned out to only work on prepaid gift cards. Still poo poo but not quite as bad as "can literally drain your bank account."

Yeah I know. It was a hypothetical. Just picture a cop saying they have to take your car and anything inside of it in the civil forfeiture heavy area's in the country.

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