4 ms·

I'm afraid I kind of agree. What brought me over to Thiel's side on this particular issue (at least mostly) was when I realized that Gawker's publication of a s

by api 10y ago

I'm afraid I kind of agree. What brought me over to Thiel's side on this particular issue (at least mostly) was when I realized that Gawker's publication of a sex tape in this way would be considered a sex crime if the victim were female. While I still understand the problem with outsiders bankrolling lawsuits, I can't bring myself to have much sympathy with Gawker here. I don't agree with Thiel on a lot of things but on this one I see his point.

raldi 10y ago
> publication of a sex tape in this way would be considered a sex crime if the victim were female. Can you elaborate on that? What crime are you referring to where the victim's gender is significant?
- api 10y ago
  I was referring to the popular reaction, not legal implications or moral realities. The general public tends not to see this as being as serious when the victim is male.
  - raldi 10y ago
    Aren't you forgetting there was a second person in the video?
    - Kalium 10y ago
      I suspect parent isn't. Just that nobody seems to care about her. The publicity surrounding the video has been entirely about Terry.
LA_Banker 10y ago
I don't think one needs to necessarily choose a side. I'm of the opinion that what Gawker did is wrong, but surreptitiously funding lawsuits to bankrupt the company is a perversion of the justice system. The tension between privacy and speech is a discussion that needs to be had. Litigating it in a Pinellas County courtroom is an odd way to go about having that debate. Thiel has now demonstrated that those with deep enough pockets can now use the courts to exact revenge in a roundabout way. Yes, Gawker is tawdry but one can't help pondering a chilling effect here on more worthy stories. Were I a journalist, I'd certainly think twice now of pursuing an investigative piece that might offend a billionaire, given that my own financial livelihood could become fair game.
- erics32 10y ago
  Consider the way things were before Thiel showed up. Gawker destroyed lives[1] with impunity because their victims didn't have deep enough pockets to fight back in court. Thiel is just leveling the playing field. [1] http://www.dailymail.co.uk/news/article-3488027/Gawker-editor-AJ-Daulerio-refused-college-girl-s-pleas-possible-rape-video.html http://www.dailymail.co.uk/news/article-3488027/Gawker-edito...
  - LA_Banker 10y ago
    I'm not defending Gawker; I'm saying there's a better way to have this debate. We don’t have to accept or excuse Gawker’s worst stories to protest Thiel’s dangerous playbook for attacks on institutions of civil society.
    - Natsu 10y ago
      You're free to propose that we outlaw the funding of lawsuits by non-parties, as was done historically (google 'maintenance' and 'champerty' if you want more history on that) but you're going to shut down the ACLU and company when you do so. So it's a matter of which is more important to you, really.
      - LA_Banker 10y ago
        Hm, that's an interesting point that I'll have to noodle over. Thanks for pointing it out.
- vanattab 10y ago
  >I'm of the opinion that what Gawker did is wrong, but surreptitiously funding lawsuits to bankrupt the company is a perversion of the justice system? Why is funding a case related to a cause you support a perversion of the justice system? Every time an article about the EFF funding another lawsuit pops up do you cringe in horror?
  - LA_Banker 10y ago
ElComradio 10y ago
If you read Gawker apologia, you continually see the claim that this is going to stifle journalism. Some people aren't able to distinguish between writing a story about a sex tape and actually showing the sex tape, when the latter behavior is the crux on which this whole thing is based. As far as gender goes, one only has to consider that if the rule is going to be "Public figure + sexual aspect to the person's persona (e.g. Hogan talking about sex on Stern) = unlimited right to broadcast sexual material", then no porn star ever has the right to private sex again. Since that is clearly unacceptable, the error must be with the proposed rule.

by api 10y ago

raldi 10y ago

> publication of a sex tape in this way would be considered a sex crime if the victim were female. Can you elaborate on that? What crime are you referring to where the victim's gender is significant?

api 10y ago
I was referring to the popular reaction, not legal implications or moral realities. The general public tends not to see this as being as serious when the victim is male.
- raldi 10y ago
  Aren't you forgetting there was a second person in the video?
  - Kalium 10y ago
    I suspect parent isn't. Just that nobody seems to care about her. The publicity surrounding the video has been entirely about Terry.

LA_Banker 10y ago

I don't think one needs to necessarily choose a side. I'm of the opinion that what Gawker did is wrong, but surreptitiously funding lawsuits to bankrupt the company is a perversion of the justice system. The tension between privacy and speech is a discussion that needs to be had. Litigating it in a Pinellas County courtroom is an odd way to go about having that debate. Thiel has now demonstrated that those with deep enough pockets can now use the courts to exact revenge in a roundabout way. Yes, Gawker is tawdry but one can't help pondering a chilling effect here on more worthy stories. Were I a journalist, I'd certainly think twice now of pursuing an investigative piece that might offend a billionaire, given that my own financial livelihood could become fair game.

erics32 10y ago
Consider the way things were before Thiel showed up. Gawker destroyed lives[1] with impunity because their victims didn't have deep enough pockets to fight back in court. Thiel is just leveling the playing field. [1] http://www.dailymail.co.uk/news/article-3488027/Gawker-editor-AJ-Daulerio-refused-college-girl-s-pleas-possible-rape-video.html http://www.dailymail.co.uk/news/article-3488027/Gawker-edito...
- LA_Banker 10y ago
  I'm not defending Gawker; I'm saying there's a better way to have this debate. We don’t have to accept or excuse Gawker’s worst stories to protest Thiel’s dangerous playbook for attacks on institutions of civil society.
  - Natsu 10y ago
    You're free to propose that we outlaw the funding of lawsuits by non-parties, as was done historically (google 'maintenance' and 'champerty' if you want more history on that) but you're going to shut down the ACLU and company when you do so. So it's a matter of which is more important to you, really.
    - LA_Banker 10y ago
      Hm, that's an interesting point that I'll have to noodle over. Thanks for pointing it out.
vanattab 10y ago
>I'm of the opinion that what Gawker did is wrong, but surreptitiously funding lawsuits to bankrupt the company is a perversion of the justice system? Why is funding a case related to a cause you support a perversion of the justice system? Every time an article about the EFF funding another lawsuit pops up do you cringe in horror?
- LA_Banker 10y ago

ElComradio 10y ago

If you read Gawker apologia, you continually see the claim that this is going to stifle journalism. Some people aren't able to distinguish between writing a story about a sex tape and actually showing the sex tape, when the latter behavior is the crux on which this whole thing is based. As far as gender goes, one only has to consider that if the rule is going to be "Public figure + sexual aspect to the person's persona (e.g. Hogan talking about sex on Stern) = unlimited right to broadcast sexual material", then no porn star ever has the right to private sex again. Since that is clearly unacceptable, the error must be with the proposed rule.