Live data from Hacker News

Gawker Files for Bankruptcy, Will Be Put Up for Auction

wsj.com

271–280 of 566 posts

Re: Gawker Files for Bankruptcy, Will Be Put Up for Auction

#271

Earlier quoted context omitted.

Citing the ACLU, if Hulk Hogan’s sex tape was somehow newsworthy, then distributing it on the internet would come under the protections of the First Amendment, and Gawker would have a right to publish it. But the jury found that this case was not about the Hulk as a public figure and that the video had no news value. The Hulk, therefore, enjoys the same rights to privacy as everyone else.

Yes, a Florida jury decided that Hulk Hogan wasn't a public figure but that the damage to his career from a sex tape was worth $55 million. Do those things seem slightly contradictory to you?

Florida jury decided that Hulk Hogan wasn't a public figure

No, it's more nuanced than that. What the ACLU is saying is that there's a difference between Hulk Hogan (the public figure) and Terry Bollea (the person), and that the jury found the video wasn't about the public figure.

As for me, I can appreciate that this feels flimsy - how can one know where the line is drawn? - yet I think the distinction exists in practice and it'd be a failure of justice to deny it.

Re: Gawker Files for Bankruptcy, Will Be Put Up for Auction

#272
post #227

Earlier quoted context omitted.

There's some perverse doublethink going on when it's considered racist to suggest we stop discriminating on the basis of race.

He's expressed support on the "right" of businesses to discriminate based on race/gender/etc[1]. As well as libertarianism being critical of the civil rights act, the civil war, etc [2]. How is that doublethink? [1] http://www.cato-unbound.org/2009/04/13/peter-thiel/education... [2] http://reason.com/archives/2010/06/16/racism-civil-rights-an...

Please provide reputable sources for your claims.

Re: Gawker Files for Bankruptcy, Will Be Put Up for Auction

#273
I wonder if Thiel will follow the management around waiting to pounce on them doing something else, just to solidify his brand. Kinda like the IRS loves seeing reporting of people suffering from IRS & tax problems as an advertisement to not mess with the IRS.

Re: Gawker Files for Bankruptcy, Will Be Put Up for Auction

#274

Gawker may have been terrible, but we should all be a bit concerned at the precedent this sets. It's sort of like defending the free speech of terrible groups like the KKK. We do it because we treasure free speech, not because we support the KKK. I generally have positive feelings about Thiel, but his actions here make me very uneasy. I worry that the aristocracy will now use this method to try and close down unfavor…

There will be no ceiling effect because real journalists stay within the bounds of the law. Equating a self proclaimed gossip website with real reporting is disingenuous and insulting to journalists.

If the National Enquirer broke the law and was sued, do you really think it would affect decision making at the NYT or Washington Post?

Re: Gawker Files for Bankruptcy, Will Be Put Up for Auction

#275
post #242

Earlier quoted context omitted.

Who said it has anything to due with equivalency? Go try to bully your boss, or a cop, or a 6'9" meat head. You're free to try, but you might not like the result. Part of life if using your brain to determine what you are free to do vs what makes sense to do.

"don't do things that people who are more powerful than you will dislike."

"when unethical, unnecessary, and/or pointless to do so, and may result in you taking a literal or figurative beating". ie "common sense" meets "pick your battles"

Re: Gawker Files for Bankruptcy, Will Be Put Up for Auction

#276
post #240

Earlier quoted context omitted.

Hogan has considered running for office multiple times, including saying he wants to be Trump's running mate[1]. Why should we distinguish between a powerful, famous businessman and actor and a politician? Anyone powerful and famous should be a public figure on the same footing. 1. http://www.washingtontimes.com/news/2015/aug/29/hulk-hogan-i...

And how does video of Hogan nailing someone let you know how he would perform as a public official?

Many people believe that violating your marriage vows is an indicator that you wouldn't be a trustworthy public official.

Re: Gawker Files for Bankruptcy, Will Be Put Up for Auction

#277
post #189
post #30

Thin skinned billionaires...

I personally know several gay men who were outed against their will. In some cases it ruined their lives. One committed suicide. They didn't have billions to insulate them from the harm it caused them. None of them went on revenge campaigns for being outed, not even with their meager, non-billionaire resources.

Perhaps it's because they didn't have the required resources?

Re: Gawker Files for Bankruptcy, Will Be Put Up for Auction

#278
A few thoughts:

1. The pressure point here was a court ruling declining to stay enforcement of the $140M judgment pending appeal. This left Gawker having to post a $50M bond in order to avoid enforcement proceedings by which its assets could have been seized and its business literally dismantled. Gawker may or may not ultimately prove to have a successful basis upon which to get this judgment reversed but, without a stay of enforcement, it had no way of staying alive until it could have the matter decided by the appellate courts. No stay, no hope.

2. The bankruptcy filing, then, forces Gawker to give up its business but gives a vehicle by which the parties in interest behind the company can get $100+M by which to continue the fight through appeal in hopes of getting the judgment reversed and presumably leaving them with some significant value to salvage from what is now a desperate situation.

3. Concerning the social policy question here, it has repeatedly been framed as whether it is proper for a super-wealthy individual to fund another party's litigation to get payback or for some other suspect reason and what implications this has on the news media. This is a proper question but it is framed too narrowly. The broader question is whether the law should permit any third-party funding of litigation where the funder has otherwise has no connection with the merits of the dispute. Historically, the answer to that question was an emphatic no. Indeed, that sort of activity was defined as a crime - specifically, the crime of "maintenance." The statutes defining this crime originated in England and dated back the 1200's and so could truly be called ancient of origin. Basically, the idea back then was that feudal lords should not be permitted to use their wealth to interfere with legal process and thereby to potentially corrupt. By the 1700's, William Blackstone summed up the nature of the offense (as part of his famous work summing up all of the English common law) by defining maintenance as "officious intermeddling in a suit that no way belongs to one" and called it an "offense against public justice, as it keeps alive strife and contention and perverts the remedial process of the law into an engine of oppression." In contrast to this long-established hostility toward the interfering use of wealth to influence the judicial process, modern attitudes (dating back at least 50 years) came to see more litigation as being good for society as it could be used as a tool to help correct inequities in society - hence the litigation explosion. Owing to this changed attitude, many erstwhile barriers to open-ended litigation came tumbling down and along with them came the near-universal repeal of the crime of maintenance (and the related offenses of "champerty" and "barratry"). With this repeal, it became open season for any wealthy person wanting to fund anybody else's litigation for whatever purpose suited him. If people have a problem with that, that is the issue that should be addressed and not a narrow issue involving added protections for the press only. Litigation abuse is litigation abuse; if it is bad for the press, it is bad as well for other victims in society.

4. To illustrate how this sort of intermeddling tainted the processes in this case: lawyers routinely will add claims that will bring in insurance defense coverage to ensure that they can collect on any judgment but here the lawyers were directed to exclude a claim that would have allowed Gawker to bring in its insurer to cover costs of defense and potentially any judgment; parties also routinely will make serious efforts to settle any high-stakes litigation at various critical points but here it was all scorched-earth all the way to the bitter end with no prospect of the parties achieving a reasonable settlement along the way.

I don't think too many people will shed a tear over the demise of Gawker but the public policy issue here is an important one. Can the modern mindset - so enamored with the supposed benefits of expanding redress through litigation - ever go back to reinstating laws forbidding "maintenance"? I doubt it. But perhaps the time is right for a debate and reconsideration. I think we are otherwise left a little unsettled over what the promiscuous scattering of third-party money throughout the courts might do. Whatever it is, it likely is not good.

Re: Gawker Files for Bankruptcy, Will Be Put Up for Auction

#279

Earlier quoted context omitted.

I'm a free speech absolutist, but what precedent does this set that's new? The person that leaked the "Fappening" items is also being prosecuted, why should a media publication like Gawker not be held accountable? No one really seemed to have -big- issue with this until Thiel was in the picture.

Yes, exactly. After Thiel was revealed as the financier, some in the media saw an opportunity to re-caste the narrative in a way that they knew would appeal to our hatred of the rich and our fear for their abuse of power. The story became all about Thiel the alleged bully, the abuser of power, his petty grudge, etc etc. It was effective manipulation, just look at the comments here from those who think this 'sets a ba…

Firstly, the ACLU is open about it.

There's no way to know, but my guess is that had Thiel stepped up in public a few years ago and said, "Gawker is a terrible gossip rag that needs to be taught a lesson -- contact me if they've wronged you too, and I'll help you mount a case", people would be less angry at him.

People don't like the idea that a shadowy cabal can run things behind the scenes without any public scrutiny.

Secondly, the ACLU does not generally appear vindictive. The ACLU looks to fund cases with a motive that people generally understand to be making things better for American society. Thiel may claim that removing Gawker from the face of the earth is a public service, but given the obvious history, that seems laughable. He appears vindictive, not altruistic.

Re: Gawker Files for Bankruptcy, Will Be Put Up for Auction

#280
post #275

Earlier quoted context omitted.

"don't do things that people who are more powerful than you will dislike."

"when unethical, unnecessary, and/or pointless to do so, and may result in you taking a literal or figurative beating". ie "common sense" meets "pick your battles"

So you're totally OK with the chilling effect impact of wealth and political power on journalism. Got it.
Post reply on HN