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Comment by zck | Hacker News Reader

> So if this were anyone else with any other media organization, I would totally be on their side and agree that this is a travesty of justice that Theil was able to fund this lawsuit.

There are two different things here, and I'm not sure I understand all the issues.

1. The personal vendetta. I understand this. (At least, probably)

2. The posting -- without permission -- of a sex tape made without Hogan's knowledge and in a private location. This seems morally indefensible to me. This is where I get a bit lost as to people defending Gawker. Shouldn't posting such a video be illegal?

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> The posting -- without permission -- of a sex tape made without Hogan's knowledge and in a private location. This seems morally indefensible to me. This is where I get a bit lost as to people defending Gawker. Shouldn't posting such a video be illegal?

Yes, probably. The issue stems from the fact that someone else paid for the lawsuit, which is a moral gray area, and in fact was illegal for a long time, even before the US existed (in British common law): https://en.wikipedia.org/wiki/Champerty_and_maintenance

>and in fact was illegal for a long time

Yeah, no. NYTimes v. Sullivan determined that public figures sacrifice a good deal of their privacy when they when they enter the public sphere. For instance, the same such video of, say, a governor would certainly be newsworthy. Where it's unclear is to what degree is Hogan a public figure and whether the actual publishing of it, as opposed to just reporting on it, is constitutes newsworthiness.

In terms of lawsuit financing, it's perfectly legal. There's an entire industry devoted to third-party lawsuit financing – otherwise, poor victims of car attacks (or other consequences which injured their ability to work and earn) wouldn't be able to pursue personal injury claims.

Without it, only those with means could pursue legal recourse.

I was saying that funding other people's lawsuits was illegal for a long time.

My mistake, I misread. I edited my post to address this.

then you should also be against ACLU as well

You're right I should. I guess I give them a pass because they aren't motivated by personal vendetta.

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