News for hackers. Stuff that matters.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by whack on Friday June 10, 2016 @01:20PM (#11877983)
Libel and slander have no place in a functioning democracy. By building an entire business model around such practices, Gawker is not only spreading disinformation, it is also crowding out more reputable news sources that could have better helped inform the public.

The only criticism I can give in this entire tale, is that it shouldn't take a billionaire to sue and win judgement against slanderous publishers. Such recourse should be made available to every common man, regardless of wealth.

But still, progress is only ever made, one step at a time. Good riddance to Gawker.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @01:24PM (#11878021)
> Libel and slander have no place in a functioning democracy

One man's libel/slander is another man's investigate journalism ("muckraking" in the US). In this particular case, Gawker wasn't guilty of either libel or slander because they didn't publish anything about Hogan that was false.

> it shouldn't take a billionaire to sue and win judgement against slanderous publishers

It's actually much harder to win a libel/slander suit as a public figure. See: http://www.firstamendmentcenter.org/libel-defamation

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by taejo on Friday June 10, 2016 @01:40PM (#11878240)
Your comment exposed me to the big gap between the meanings of muckraker in US and UK English:

1. (US) One who investigates and exposes issues of corruption that often violate widely held values; e.g. one who exposes political corruption or the poor conditions in prisons.

2. (Britain) A sensationalist, scandal-mongering journalist, one who is not driven by any social principles.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by idlewords on Friday June 10, 2016 @01:44PM (#11878285)
The term was coined as a perjorative (by Teddy Roosevelt) and then co-opted as a term of honor by the journalists he was attacking.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by davidmr on Friday June 10, 2016 @03:35PM (#11879324)
At least in my schooling, Upton Sinclair was held up as the very model of a muckraker, and he was certainly anything but (2) above. Perhaps sensationalist on occasion, but strongly principled.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by idlewords on Friday June 10, 2016 @05:15PM (#11880074)
Roosevelt was applying the term to journalists at publications like McClure's. There's a great book about this period by Doris Kearns Goodwin (The Bully Pulpit) that I can't recommend highly enough.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by hoorayimhelping on Friday June 10, 2016 @01:54PM (#11878387)
I'm American and I've only heard a muckraker described as number 2.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @01:57PM (#11878425)
ProPublica, one of my favorite investigative news sources, describes some of their articles as "muckreads". They use the word proudly, with the implication that they've gone to lengths that the general public would/could not to find out important information.

As someone said, it was a pejorative term that was reclaimed, and that makes a lot of sense to me now.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by johnpowell on Friday June 10, 2016 @06:00PM (#11880448)
Talking Points Memo does the same.

http://talkingpointsmemo.com/muckraker

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by omonra on Friday June 10, 2016 @03:31PM (#11879286)
It was part of the American History 11th grade course I took in HS in the early 90s.

https://en.wikipedia.org/wiki/Muckraker

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @01:41PM (#11878261)
Interesting! I'm going to change my language from "muckraking" to "investigative journalism". Thanks for pointing this out.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by slg on Friday June 10, 2016 @02:02PM (#11878464)
Does that really change the underlying belief? Whether what Gawker did was libel, an invasion of privacy, or any other crime it boils down to Gawker violating the rights of other individuals and building a business model around that practice. This wasn't some brave investigative journalist exposing corruption, this was a hack posting the sex tape of a celebrity. They aren't even in the same ballpark.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @02:05PM (#11878491)
> This wasn't some brave investigative journalist exposing corruption, this was a hack posting the sex tape of a celebrity.

I agree, but the reason Gawker lost is important. It was because they violated someone's privacy.

I strongly support violating the privacy of powerful, public figures in the future if it serves public interest. I agree that Gawker was stupid, greedy, and overreaching here, but I still worry that next time, the sex tape (or whatever it is) will be equally private but much more important to the public.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by slg on Friday June 10, 2016 @02:19PM (#11878618)
> but I still worry that next time...

People are acting like their is no thought put into these type of court cases. This isn't a universal precedent that applies to every situation. It doesn't prevent any journalist from pursuing legitimate news stories and invading privacy along the way. It only prevents journalist from invading someone's privacy where the only story is the invasion itself.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by untog on Friday June 10, 2016 @02:58PM (#11878973)
Huh? That's not true at all.

A billionaire could fund cases against a media company entirely irrespective of the merit of those cases - the media company would still be forced to pay the legal fees associated with defending themselves, even if it's as simple as just getting it thrown out of court. Do it enough times and you've bankrupted the company.

For an example, Mother Jones was brought to the brink of bankruptcy for reporting an entirely true and legitimate story:

http://m.motherjones.com/media/2015/10/mother-jones-vandersl...

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by slg on Friday June 10, 2016 @03:18PM (#11879164)
Well run media companies have insurance for this type of thing. When Mother Jones lists the cost of that lawsuit, they combined both the costs they paid with the costs the insurance company paid for a total of $2.5 million. You need to separate those two costs out if you want to prove the Mother Jones was legitimately on the brink of bankruptcy due to the lawsuit. Otherwise it just appears to be an insurance company doing the job they are paid to do.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by sangnoir on Friday June 10, 2016 @04:09PM (#11879612)
> Well run media companies have insurance for this type of thing

It looks like you haven't been paying close attention to the Gawker suite: Gawker also had insurance, but Bollea strategically dropped a charge that would have let Gawker claim against insurance (and at the same time reducing the total amount he would receive). This suite isn't about damages: it's about bankrupting Gawker for better or for worse. There's nothing that suggests a similar strategy can't be employed against Mother Jones.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by slg on Friday June 10, 2016 @05:18PM (#11880093)
I have been following the Gawker case and if the prosecutors can adjust the case in such a way to avoid insurance it tells me that either Gawker didn't have the right kind of insurance or that the insurance company found Gawker liable in such a way that they lost the right to coverage. Either way, that is a Gawker problem and not a problem of legal precedent.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by untog on Friday June 10, 2016 @03:51PM (#11879469)
Even still, it's $650k out of Mother Jones's pocket. Unless you're Buzzfeed or a TV network, that's more than any media organisation can easily swallow.

Plus Gawker's case was specifically structured to avoid an insurance payout. A blueprint for others in the future.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by Tomte on Friday June 10, 2016 @04:33PM (#11879783)
> the media company would still be forced to pay the legal fees associated with defending themselves

That's obviously a big problem. I have never understood why America insists on a dogmatic principle that inherently and unavoidably gives a vast advantage to well-off parties over poor parties. You can get away with a lot of vexatious litigation before the courts (a) notice it and (b) actually act upon it.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by chx on Friday June 10, 2016 @03:09PM (#11879102)
There is no problem with the next thing. You can report about the sex tape, what is happening (because what was happening is also reprehensible) without releasing the tape itself. You know, they reported on Snowden's leaks and Panama Papers without releasing them. It's not impossible by any means.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cmiles74 on Friday June 10, 2016 @02:34PM (#11878767)
I think it ensures that journalists will be reticent to violate the privacy of powerful, public figures... If it's on a sex tape.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by pmichaud on Friday June 10, 2016 @01:37PM (#11878211)
I don't think that poster is talking about Hogan.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by sheepleherd on Friday June 10, 2016 @04:48PM (#11879890)
| Gawker wasn't guilty of either libel or slander because they didn't publish anything about Hogan that was false.

...not to mention, Hogan's public persona and living he has earned has been by posing as a larger than life clownish character; I don't even see that he was harmed. Ask yourself, do you think less of Hogan now? (and not because it turns out that he has less impressive sounding real name)

I'd have more sympathy for a "normal" person.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by kofejnik on Saturday June 11, 2016 @05:37AM (#11882819)
Jennifer Lawrence's persona and living are based on being extremely attractive, so was it Ok to hack her iCloud and publish her nude selfies? Strangely, Gawker crowd was very upset that no one went to jail for it.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by blastrat on Saturday June 11, 2016 @05:18PM (#11885381)
I'm not saying Gawker is OK or not, nor that they are hypcocrites or not.

I'm talking about the standards that courts use to measure "harm". Young starlets have so many sex tapes (their own and hacked) out there, and it doesn't seem to harm them much.

It's almost as if a porn star could make a better claim that they lost the commercial potential of something stolen!

Again, I'm not saying that I want to live in a world where it's ok to steal people's sex tapes and put them out there; but I am also noting that in today's world, it is much less of a "harm" or even an embarrassment to people than it was when the system of torts was established. Since torts are based on harm, we run into the issue of "how much harm did this cause?"

maybe it needs to be made illegal like "upskirts". (and I'm not advocating that, either. I'm saying, I'd like some clarity to exactly what people are outraged by)

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by saint_fiasco on Friday June 10, 2016 @05:34PM (#11880226)
Hogan can't eat our positive thoughts. He lost a lot of respect among the kind of people that (economically) matter a lot to him, like sponsors and employers.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by blastrat on Saturday June 11, 2016 @05:20PM (#11885386)
I get the idea of what you said, but did he, really measurably? plus: the information released about him was accurate; who says you get to have secrets that disqualify you from jobs that you hide from your employer? I'm not saying we want to have a big brother society, but I am saying if you present yourself as wholesome (whatever that means) and you are not wholesome, then you are false advertising anyway, to people who care about that.

Anyway maybe it made him relevant again ("there is no such thing as bad PR"), I had forgotten he existed. Need to wait for some time to go by before it's clear.

I'm not advocating a side or devil's advocating, i just prefer the "less outraged middle" over the "outraged extremes"

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cjahsh on Friday June 10, 2016 @01:52PM (#11878361)
Ah yes, society should recognize the positive impacts of investigative journalism. I can hardly see a between the Pentagon Papers and a sex tape!
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by smt88 on Friday June 10, 2016 @01:55PM (#11878395)
What if a conservative politician lobbies for adultery being illegal, and then a sex tape emerges of him cheating on his wife? That's important journalism.

What if the CEO of a company intimidates an employee into having sex with him and secretly films it, and that gets released? That's also important journalism.

There are lots of other ways sex tapes could be newsworthy: a famous person makes racist comments in it (the Hogan tape!), a Hollywood director asks for sex in exchange for a role, etc. etc.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by hsod on Friday June 10, 2016 @02:23PM (#11878659)
> a famous person makes racist comments in it (the Hogan tape!)

This seems to be Denton's major defense of the newsworthiness of the tape (although even he argues it half-heartedly).

I don't buy it. The racist comments on one part of the tape don't make the actual sex part newsworthy. They posted a heavily edited version of the tape, which meant they included the sex intentionally. Seems obvious the purpose of those segments was simple voyeurism, which is an invasion of privacy.

The "but he's a racist" defense strikes me as a cynical attempt to latch onto the current mainstream social-justice train, when really this has nothing to do with racism.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by slg on Friday June 10, 2016 @02:15PM (#11878587)
There is a difference between reporting on the existence of a sex tape and publishing said tape. None of the examples you gave require the tape to be published.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by thaumasiotes on Friday June 10, 2016 @06:23PM (#11880597)
Do you also think that good taste required reporting on the Mohammed cartoons without actually showing them?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by lmm on Friday June 10, 2016 @06:42PM (#11880717)
Yes. (But I do think the right to tasteless speech is important and worth defending)
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by thaumasiotes on Friday June 10, 2016 @07:37PM (#11881036)
Ah, my question is ambiguous between "showing the Mohammed cartoons would be in bad taste" and "showing the Mohammed cartoons can't be allowed because it would be in bad taste".

So let me make some points myself:

1. Publishing the cartoons themselves makes a variety of statements that can't be made by reporting on their existence without showing them.

2. Those statements have great value, independent of any questions of taste.

3. Everything slg says about the difference between publishing a report that a sex tape exists vs publishing the tape itself applies in full to the Mohammed cartoons.

The right to tasteless speech is important and worth defending, but I'm not trying to do that here. I want to counter the argument slg is making, which is that tasteless reporting should be prohibited when you could approximate the same report in better taste. The raw facts always have an inherent value beyond a reporter's interpretation of them.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by slg on Friday June 10, 2016 @08:28PM (#11881278)
You are viewing this wrong because it isn't about tastelessness. It is about infringing on the rights of others. Publishing the Mohammed comic isn't infringing on anyone's rights (at least in the US with our strong freedom of speech and lack of federal blasphemy laws.) However you have a right to not be unknowingly filmed while having sex and have that video published. In the comic example you might be offending someone's sensibilities but that isn't enough to violate their rights like the sex tape example.

Or let's use a different example like the Stanford rape case. No one is reporting the name of the victim of that case, but her name is a "raw fact" of the case. Would you support releasing her name and if not, how is that different that releasing the sex tape?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by thaumasiotes on Friday June 10, 2016 @08:36PM (#11881306)
> Would you support releasing her name and if not, how is that different that releasing the sex tape?

Against someone saying there should be legal liability for releasing it, definitely.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by lmm on Saturday June 11, 2016 @10:22AM (#11883538)
What are those valuable statements? I don't see any value in publishing the Mohammed cartoons themselves (except perhaps as retaliation against those who went beyond the law to try to suppress them).
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by makomk on Friday June 10, 2016 @03:08PM (#11879088)
As I understand it, Gawker considered the racist remarks so uninteresting they didn't even include them in their original edit or coverage of the sex tape. They only became public as a result of Hulk Hogan suing.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by anarazel on Friday June 10, 2016 @02:08PM (#11878513)
But that's not gawkers business, so ... ?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cjahsh on Friday June 10, 2016 @02:13PM (#11878571)
Are all sex tapes journalism? Including revenge porn?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by bkeroack on Friday June 10, 2016 @01:45PM (#11878299)
False. Statements must be untrue to be either libel (written) or slander (verbal). The sex tape in question was real.

I would not be so quick to celebrate. This case has demonstrated that one or two very powerful, wealthy individuals (Peter Thiel et al) are able to destroy a successful business and ruin the livlihoods of dozens merely because they were embarassed.

(It's worth noting that what Gawker originally wrote about Thiel was also apparently true.)

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by k-mcgrady on Friday June 10, 2016 @02:00PM (#11878444)
He was videotaped without his knowledge in a situation he had every reason to expect was private. If you then obtain that tape and publish it you're scum. The livelihoods of the employees were ruined by their idiot bosses who thought it would be a good idea to publish the video, not by the persons defending their privacy.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by troisx on Friday June 10, 2016 @02:51PM (#11878908)
Actually the judge wouldn't let Gawker present evidence from the FBI that both Hogan and the woman knew they were being taped. This means that not only is it possible that they lied on the stand, but with the huge amount required to appeal ($50 million), it's possible that they may get away with perjury.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by skwirl on Friday June 10, 2016 @09:38PM (#11881545)
"Actually" this theory doesn't make any sense once you consider the fact that the racist statements that ended his career were on this tape. He went through his long public career without making racist statements despite harboring racist beliefs, so he knew what impact such statements would have. If he had known he was being taped for publicity, it would have made no sense for him to make what he would know to be public racist statements.

The judge didn't allow the evidence be heard likely because there was no evidence (conjecture). It's the standard desperation you get from someone losing a case or appealing a loss.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by dingo_bat on Friday June 10, 2016 @02:59PM (#11878988)
>Actually the judge wouldn't let Gawker present evidence from the FBI that both Hogan and the woman knew they were being taped.

Why? That seems like an important piece of evidence.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by btlsformerfan99 on Friday June 10, 2016 @03:19PM (#11879178)
I used to listen to Bubba the Love Sponge--the guy who's house the tape was made in--back during that timeframe (before I knew what kind of a horrible person he apparently is).

On an almost daily basis Bubba talked on air about he had cameras all over his house and taped everything. I find it very hard to believe that me--a random radio listener--knew that he taped everything in his house, but supposedly his best friend Hulk Hogan was oblivious.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by mikeyouse on Friday June 10, 2016 @03:45PM (#11879421)
Cynically, because it was a small-town judge from Hogan's home town who resented NYC-based Gawker. This Politico article spells much of it out:

http://www.politico.com/media/story/2016/03/jury-awards-hulk...

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by whyenot on Friday June 10, 2016 @04:33PM (#11879786)
The fact that in private Hulk Hogan is a racist piece of garbage, as is VERY clear if you see a transcript of the tape, seems to me like something which is news, and something that should be reported. During his wrestling career he was marketed as the good guy, a hero, and true American. Publishing the sex tape was going too far, but publishing what was on the tape, that's legitimate journalism.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jlarocco on Friday June 10, 2016 @01:59PM (#11878442)
You are definitely correct that Gawker's behavior wasn't technically illegal, but it was still a shitty thing to do, so I have zero sympathy for them.

> I would not be so quick to celebrate. This case has demonstrated that one or two very powerful, wealthy individuals (Peter Thiel et al) are able to destroy a successful business and ruin the livlihoods of dozens merely because they were embarassed.

That's always been true anyway. On the bright side, this time it was all over the internet, so that's some kind of progress at least.

> (It's worth noting that what Gawker originally wrote about Thiel was also apparently true.)

In both cases the info Gawker published was really nobody's business but that of the people involved. They published it as shameful attempts to get page views and (possibly) just to be mean. So good riddance.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by deong on Friday June 10, 2016 @02:14PM (#11878581)
You don't have to have sympathy for them to want this not to have happened. I don't like Gawker. If you want to argue the world is a better place without them, I'm not going to take the other side.

But the way they've been destroyed is terrifying for anyone who wants to live in a free and informed society. The ends don't justify the means.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by jlarocco on Friday June 10, 2016 @03:03PM (#11879039)
I agree with you, and my point was that the ultra-rich influencing the media isn't new, and is actually more visible in this case than it normally is.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by spriggan3 on Friday June 10, 2016 @02:58PM (#11878977)
> and ruin the livlihoods of dozens merely because they were embarassed.

Gawker ruined the livelihoods of its employees, not Hulk Hogan, not Thiel, with its scummy behavior.Hogan is the victim here, as much as Gawker's employees, they are victim of Gawker's policy which is profit at all cost. Well now Gawker is paying that cost.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by bruceb on Friday June 10, 2016 @03:15PM (#11879146)
If you are a journalist you know what Gawker is like, it obviously isn't a secret. They are not victims.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by curiousgal on Friday June 10, 2016 @03:14PM (#11879135)
They're not bankrupt due to libel and slander. They're bankrupt for sharing stories that many people believe should be better left in private. The specific stories that got them here, regarding Hulk Hogan and before that Peter Thiel, are not libel or slander, as they both involve true information. The issue is whether publishing these things is an invasion of privacy that damages the individuals involved.

Much as you might hate Gawker, and I definitely think their practices of outing people for no reason and publishing sex tapes are morally and ethically shitty, what this really shows is that if you piss a billionaire off, they can and likely will silence you. I'm not sure that's a good thing.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by calbear81 on Friday June 10, 2016 @01:45PM (#11878306)
Can you cite any examples of libel and slander that have been published by Gawker?
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by lotso on Friday June 10, 2016 @01:39PM (#11878233)
The Hogan lawsuit has nothing to do with libel or slander.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by idlewords on Friday June 10, 2016 @01:44PM (#11878290)
Keep the facts out of this!
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by deong on Friday June 10, 2016 @02:10PM (#11878536)
Ironically, unlike Gawker's reporting, your comment actually is libelous.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by manish_gill on Friday June 10, 2016 @04:59PM (#11879965)
> Libel and slander have no place in a functioning democracy.

You seem to not understand what freedom of speech means. As someone who actually lives in a place where people use libel and slander laws to sue people left and right and get offended, consequence being censorships and a tightening of restrictions on speech, I'd kill to have the kind of freedom Gawker did.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by gwildor on Friday June 10, 2016 @06:01PM (#11880462)
Relevant xkcd: https://xkcd.com/1357/
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by qq66 on Friday June 10, 2016 @01:35PM (#11878181)
One possible solution is the constitutional right to an attorney in civil cases as well as in criminal, but I don't know how you'd protect that against abuse.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cookiecaper on Friday June 10, 2016 @01:56PM (#11878412)
Yes, I believe our system should be amended to ensure that roughly equal resources are available to both parties. The court should require an accounting of all legal fees to be filed. In certain cases, the wealthier party to the litigation should be obliged to pay an amount of money equal to their own expenditures on legal fees into a trust run by the court, which would ensure the less-wealthy party gets equally-solid representation and would prevent a lot of the bullying-by-lawsuit that goes on. Far fewer ridiculous bluffs will come out of international firms like Skadden or MTO when their client knows that they're also going to need to forward that $1,000/hr to the party they're threatening.

Would Donald Trump have sued the journalist who published a piece estimating his true net worth if this was in place?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by CM30 on Friday June 10, 2016 @03:00PM (#11878999)
How about a differet system? Both parties pay into a pot based on how much money they have. Then the only legal advice can they take is set by random rather than by anyone's choice, out of roughly equal quality legal teams paid for by the money from the pot?

Just make it so money cannot buy better lawyers or legal advice, and the court system would be made far fairer to everyone.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by cookiecaper on Friday June 10, 2016 @11:11PM (#11881841)
The problem is that specific issues need specific expertise. The client should have the right to pick his/her attorney if he has the resources. This keeps attorneys interested in keeping a competitive skillset and a good track record. It's too important to leave to chance. You really need an attorney who understands the subject matter if you want a good outcome. We just need to equalize the buying power so that one side is not deprived of the ability to obtain equal representation.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by zeveb on Friday June 10, 2016 @03:40PM (#11879365)
> In certain cases, the wealthier party to the litigation should be obliged to pay an amount of money equal to their own expenditures on legal fees into a trust run by the court, which would ensure the less-wealthy party gets equally-solid representation and would prevent a lot of the bullying-by-lawsuit that goes on.

Sounds like that could be gamed by lawyers to turn into a full-employment-for-lawyers act.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by zo1 on Friday June 10, 2016 @01:38PM (#11878213)
Why do you need an attorney at all? Perhaps that is the question we should be asking. Rather than figuring out how to give one to everyone for free, and then protecting it against abuse.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by CaptSpify on Friday June 10, 2016 @01:43PM (#11878273)
Because laws are complicated and hard? there's a reason attorney's typically make decent money
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by will_brown on Friday June 10, 2016 @01:38PM (#11878220)
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by maxxxxx on Friday June 10, 2016 @04:00PM (#11879538)
I wonder if you could sue some of the creators of political ads. I would love to see them bankrupt.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by olliej on Friday June 10, 2016 @01:37PM (#11878202)
And engadget and kotaku and most of the other tech related websites you probably read.

Also its a good lesson to other sites to police content to ensure no one says anything bad about billionaires.

Thank god for thiel protecting us from horrible things like censorship!

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by paganel on Friday June 10, 2016 @02:51PM (#11878912)
> Also its a good lesson to other sites to police content to ensure no one says anything bad about billionaires.

There's a brave new world of pro-billionaires media awaiting us. Just compare this lavish Vanity Fair piece (http://www.vanityfair.com/news/2013/09/photos-sean-parker-we...) on Sean Parker's wedding to the ugly reality behind it all, as published by Gawker: http://valleywag.gawker.com/the-full-damage-of-facebook-bill...

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by zeveb on Friday June 10, 2016 @03:38PM (#11879348)
> There's a brave new world of pro-billionaires media awaiting us.

As opposed to the brave world of billion-dollar news corporations destroying millionaires.

For context, you really should have published Mr. Parker's defense: http://www.theatlantic.com/technology/archive/2013/06/sean-p...

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by dfraser992 on Friday June 10, 2016 @03:27PM (#11879252)
I vaguely remember (please, someone, correct me if I am wrong) an article by Parker explaining the whole affair - my impression was the truth(tm) was someone in the middle. Or it was just very good damage control by Parker...
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by api on Friday June 10, 2016 @03:41PM (#11879380)
Neither are particularly helpful. It's all just noise.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by CM30 on Friday June 10, 2016 @03:04PM (#11879057)
Ziff Davis has possible plans to buy Kotaku:

http://www.recode.net/2016/6/10/11904892/memom-here-s-what-z...

Of course, whether those sites should be saved is another question. Some have some good content, but some are exactly the kind of low quality, often legally shaky muckraking that got Gawker sued into oblivion in the first place.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by throwanem on Friday June 10, 2016 @04:57PM (#11879958)
If you like the kind of journalism you currently get from Engadget, Kotaku, Valleywag, et al., you'll still be able to get it even if they're shut down. It's not as though the terms of the decision include the slaughter en masse of the editorial staff and reporters, after all; they'll find jobs elsewhere and continue to get published. Life goes on.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by lmm on Friday June 10, 2016 @06:43PM (#11880723)
> Also its a good lesson to other sites to police content to ensure no one says anything bad about billionaires.

Or maybe to not publish sex tapes?

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by viggity on Friday June 10, 2016 @01:55PM (#11878396)
they didn't say anything bad about Thiel, the reason he went after them is because they outted him as gay.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by notcotsotrot on Friday June 10, 2016 @02:04PM (#11878485)
Incorrect, that's his sub-excuse. The actual reason is because of Valleywag reporting on e.g. his embarrassing failure of a hedge fund.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by dang on Friday June 10, 2016 @04:27PM (#11879738)
Please don't post drive-by insinuations to HN. If you know something, back it up. But please don't lower the quality of discourse here by making things up.
Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by trsohmers on Friday June 10, 2016 @02:48PM (#11878892)
Failure of a hedge fund during the worldwide financial crash, out of which he started two new investment entities (Thiel Capital and Mithril) which are alive and well.

I can't understand why people are so upset about a third party paying legal expenses... what do you think the ACLU, EFF, and tons of other organizations and private citizens (either in individual or collective form) do? A jury (impartial to Thiel and unaware of his involvement) found Gawker and Nick Denton personally guilty. Denton himself is worth over $100 million (Gawker itself was valued according to reports to the court at $80 million, so he has plenty of assets outside Gawker), so this isn't a story of a big financier ganging up on a "little guy" that people are trying to make it out to be.

Re:Gawker Files for Bankruptcy, Will Be Put Up for Auction by dredmorbius on Friday June 10, 2016 @11:22PM (#11881875)
Source?