News for hackers. Stuff that matters.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mhurron on Friday June 10, 2016 @01:18PM (#11877952)
The issue I have with it is that money from an external source that had nothing to do with the suit was funnelled in to use it as a weapon.

Thiel had an issue with Gawker, Thiel should have taken it to Gawker.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by acheron on Friday June 10, 2016 @01:27PM (#11878072)
The issue I have with it is that money from an external source that had nothing to do with the suit was funnelled in

This is incredibly common, e.g. it's basically the entire job description of the ACLU. Why is it different in this case?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @01:31PM (#11878139)
> Why is it different in this case?

The ACLU is a charitable organization, and its cases have an ideological consistency. Thiel was just trying to find anything he could on Gawker (or just bury them in frivolous lawsuits if he couldn't). The cases didn't have any ideological consistency except "kill Gawker".

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FireBeyond on Friday June 10, 2016 @01:32PM (#11878146)
Because the ACLU does it in the open, rather than in secret?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by strictnein on Friday June 10, 2016 @01:41PM (#11878253)
Rights aren't only protected if you exercise them publicly.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FireBeyond on Friday June 10, 2016 @01:42PM (#11878266)
No, but one of the reasons "maintenance" is or was illegal is because the defendant has a right to know their accuser/opponent and their motivations, hence discovery and other pre-trial proceedings, so they can best defend themselves.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GVIrish on Friday June 10, 2016 @01:20PM (#11877984)
Why have a problem with that? If Gawker was not in the wrong that would've been money wasted. It's not like Hogan/Thiel wore Gawker out by whittling them down with frivolous lawsuits until they couldn't defend themselves anymore.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mikeyouse on Friday June 10, 2016 @01:25PM (#11878040)
That's precisely what Thiel's doing though -- He just hit the jackpot with the Hogan amount. He's also funding several other suits against Gawker including one from someone who claimed to have invented email. He's like a terrible patent troll for journalism.

The Gizmodo article that Thiel thinks is worth suing Gawker over: http://gizmodo.com/5887480/the-inventor-of-email-did-not-inv...

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by FireBeyond on Friday June 10, 2016 @01:33PM (#11878160)
What jackpot? They could have gotten the insurance payout. Except they dropped that part of the suit specifically so Gawker could not use the insurance it had purchased for this reason.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mikeyouse on Friday June 10, 2016 @01:36PM (#11878192)
The jackpot in the sense that Thiel's goal was to litigate Gawker into bankruptcy and the Hogan case played out perfectly for him.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GVIrish on Friday June 10, 2016 @01:31PM (#11878130)
Ah ok, that is not something I've seen mentioned anywhere else.

Still, Gawker is/was big enough that several frivolous lawsuits would've been unlikely to cause bankruptcy if none of them resulted in an adverse judgment. I have to think Thiel's goal was more to fire multiple shots and hope one finds its mark.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by aab0 on Friday June 10, 2016 @01:25PM (#11878042)
Thiel's plan was exactly to wear down Gawker by frivolous lawsuits until either they collapsed or he lucked out; that's why his legal team was searching through thousands of articles looking for people they could contact to drum up a case or fund an existing case, including the 'father of email' case. Court cases are not deterministic noise-free processes.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GunboatDiplomat on Friday June 10, 2016 @01:33PM (#11878158)
How is this different than the ACLU looking for an ideal test case for a civil rights issue?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mikeyouse on Friday June 10, 2016 @01:37PM (#11878210)
The ACLU typically expands rights and free speech while this is somewhere on the opposite side of the spectrum.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by icebraining on Friday June 10, 2016 @01:48PM (#11878330)
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.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mikeyouse on Friday June 10, 2016 @02:12PM (#11878558)
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?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by icebraining on Friday June 10, 2016 @02:26PM (#11878688)
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 by mikeyouse on Friday June 10, 2016 @04:18PM (#11879662)
I'll just note, the ACLU isn't saying that there's a difference -- they're saying the Jury found that there's a difference. I highly doubt the ACLU agrees, especially considering that the Florida Court of Appeals already found the video newsworthy;

Hulk Hogan’s verdict will likely be overturned by the Florida District Court of Appeal, Second Circuit. That court, in earlier overturning the trial judge’s grant of a preliminary injunction to stop the publication of the video before trial, already indicated its sympathies to the First Amendment defense. The appellate court held that (1) Hogan is a public figure, as a wrestler and reality television star; (2) Hogan has already discussed his family and sex life in the media; (3) sexually explicit content does not nullify speech’s newsworthiness, (4) the posted video and commentary are linked to a matter of public concern; and, importantly, (5) Gawker carefully published only a small excerpt of the sex tape, not the entire thing. Although a ruling on a preliminary injunction does not bind the Florida court of appeals now that it can view all of the evidence, the appellate court seems poised to disregard the trial court’s First Amendment decisions, all issued without full written orders.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by bra-ket on Friday June 10, 2016 @01:24PM (#11878028)
It's called 'maintenance' and it was made illegal under common law of England 500 years ago

http://overlawyered.com/2016/05/champerty-maintenance-explai...

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by icebraining on Friday June 10, 2016 @01:44PM (#11878289)
Yes, in a time before judicial independence and separation of powers were implemented.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GraemeLion on Friday June 10, 2016 @01:51PM (#11878355)
The other side to that argument is, people who are wronged by Gawker need at least a billionaire to be able to get their day in court.

It should concern you that it took money from an outside source to get an alledged wrong by a massive company to litigated in front of a jury. That should be very concerning.

As for Thiel and Gawker, they're both bullies, and bullies beating the shit out of each other is just fine by me.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cm2187 on Friday June 10, 2016 @01:40PM (#11878245)
But isn't it the case of any civil liberty lawyer rushing on a case to push his agenda or create a jurisprudence?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by GunboatDiplomat on Friday June 10, 2016 @01:32PM (#11878151)
So how do you propose preventing that without outlawing, for example, the ACLU, NAACP, etc.?