Huon v. Breaking Media et al

Filing 89

RESPONSE by Meanith Huonin Opposition to MOTION by Defendants Nick Denton, Gabby Darbyshire, Irin Carmon, Gawker Media, Jezebel.com to dismiss Plaintiff's Second Amended Complaint 57 (Attachments: # 1 Exhibit A, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Huon, Meanith)

Palin Excerpt Lands Gawker in Court - NYTimes.com

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By JEREMY W. PETERS and JULIE BOSMAN
Published:Novemb€f 24, 2010

IfGawker Media had wanted to avoid a legal dispute over publishing
leaked pagesfrom Sarah Palin's newbook, it could easily havetried
what media outlets have done countlesstimesbefore when copiesof
an unreleasedbook or article have fallen irrto their hands: paraphrase
and use direct quotations sparingly.

STYIJ

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Your Money

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But sidesteppinga good, page-viewKErxrNru
grabbingtussle- in this case,
one that
SHqRE
generatedabundant media attention
for both Gawker and Ms. Palin's boolq
'Anedsaj5tggg$,"which
went on saleTuesday- has
never been Gawker'sstyle.
The decision to post extensiveexcerptslast week was
entirely in step witl Gawket's renegadeapproach to online
media. Regardlessofthe potential criticism or legal
complications, Gawker has made it its mission to give
readers infonnation in unedited, unfiItered form.

But this time, it may have found more trouble than it
bargained for. HarperCollins, publisher ofthe Palin book
Enc rhayor/G€ny hages
and a part ofthe News Corporationoprevailed in forcing
Bookexcerpts
were leeked.
Gawker to take down the excerpts.On Friday, it sued
Add to Portfolio
Gawker,and on Saturday,Judge Thomas P. Griesaof
Now3
Corporstlon
United StatesDistrict Court in Manhattan ordered the
Barno3 Noblo
&
Incorporatedexcerptsremoved pending a hearing.
Gotovour
Porlfolio
'
on Tiresdaynight, however,the publisher said that Gawker
had agreedto keep the material ofr its Web site for good, according to a statement from
ErinCrum, a spokeswomanfor HarperCollins.

lrrOST
E-ttAlLED
*

5,.
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1, EotroR{ALlsuNoAYoBsERvER
The r Percent Club's Misguided Protectors

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2. oPlNloN
What Latin America Can Teach Us

3. Euro CrisisPits Germanyand U.S.in
Tactical Fight
pREsENrEo
BY
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basedon what you'vomad.

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All along HarperCollins had mntended that posting pagesfrom the book, a follow-up to
Ms. Palin's zoog autobiography, 'Ggigg!e&e," was a violation of copyright law.
Nick Denton, Gawker Media's owner and founder, decliued to comment about the caseor
the reasonshe and his editors decidedto post more tlan a dozen pages.But in a
memorandum to his staff in Oc'toberhailing the publication of a first-person account of
one young man's encounter with Christine O'Donnell. ttre failed Senatecandidate, Mr.
Denton said,'Writers are successftrl the extent tlat they can sublimate tleir egotism
to
and get out of the way of the story."
Obtaining leaked copiesof highlyanticipated books - like President GeoreeW, Bush's
memoir - has long been something of a sport for journalists. To get around violating
copyright laws while reporting on the books, media outlets have described passages
by
paraphrasing and using short quotations. They are free to paraphrasewhat is in unreleased
booksbecauseonly expression- not facts - canbe copyrighted.
When newsorganizationsdoquotefrom unpublishedbooks,
theyaretypicallyatlibertyto
do so underthe'fair use" doctrine, which allows small snippets ofquotations to be
published when the purpose is edueational orjournalistic.

http://www.nytimes.co
ml20I0| | I /25lbusiness/media/25gawker.html

t2/rt/2011

We Need a New Word for'Fag Hag'

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NEWER
STORIES,

Xeni Jardin LiveTtneetsHer First
UanmograD, Is Dia$osed With
Cancer

THE GAYS

We Needa New Word for
'FagHag'

BY BRIAN
MOYLAN
$hare

DEC2,201112:49 M
P

Like 605

50,872

549

The collectivegay hive mind hasgiven all
sorts ofcrap to peoplewho use the f-word (as
in "fag"),like Brett Ratnerand KobeBr1,ant,
but evengay men walk around calling our
closestfemalefriends "frg hags."Well, it's
time for an alternative.
I've beendoing the samething, walking
around talking about and bitching about 'Tag
hags"forlaars, I evencalledKelly Ripaa
"celebrityfag hag"yesterday. figurcd ifthe
I
girls called themselves
that and the guys
called themeelves
that" what's tbe big deal?
After Gawkercommenters
raisedsome
r:oncerns, actually thought about it. First,
f
it's degradingto womer by calling them
"hags"and, if you've spent any time with the
women who hangaround gaysin NewYork
you'll know that they are often more
attractive and well put together than the
averagelady.
Also, it refers to their gay friends as "fags"
somethingwe wouldu't eventolerate if Liza
Minnelli called us tbat (maybeJudy but not
Liza!). When we toss it arould to eachother,
that's kind of OtrLbut it's taken on a life of its
owa, Lilceso many other terrns that oaceyou
would only hear iu Chelsea West
or
Hollywood, "fag hag' hasgotten into the mainstream,so if average{read:straight) Americans
out there atreusing it, maybewe needsomethingwith a better message,
The problem is the alternativesall suck. Most peoplefight for "fruit fly," but it is so cutesyand
silly and stupid. And, just Iike a flock of screeching
bachelorettesia a gay strip club, a fly is also a
pest,a nuisance.The girls that hang around with prcdominantly gay men usually aren't that at
all. I also hate the gir{s who are all "my gays"or "my best gay" tike their ftiend is somesort of
accessory, he'ssomebedarzledPradapursewho you talte $hoppingand, every time you
like

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8645 4/we-need-a-new-word-for-fag-hag
5

12/1112011

Page1 of5

RacismNews, Video and Gossip - Gawker

RACISM

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Hey 'Ching' and 'Chong,'
Your Chick-fiI-AIs Ready
Well, this won't help Chick-fiI-A appear any
lessbigoted: A Thmblrer d/b/a "Iolwhut"
reports that his friend and an acquaintanceboth ofwhom are Asian-stopped by a Chick
and,
-fiI-A in lrvine for somesandyraritches
upon placingtheir orders, receivedthese
receipts referring to thern as "Ching'and
name: Rosit'
"Chong."Ttrecashier's

311
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BY LAURI

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Lindsaylohan's
PlayDoyPicturesAre a lrtdown

O'Donnell.
No it wasn't! It was "Lia." After learning of
his friend's encounter with Racist Lia,
Inlwhut stoppedby the Chick-fiI-A and
confrontedthe manager:

E
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I told him that this cannot happen ever again. I choseto be calm about it, but I was ready
to go off. I made it known that it wasn't okay, and that I didn't appreciateit whatsoerer. I
think I indirectly fired Lia..."
As pointed out by the Orange County Weekly,lolwhut has written a follow-up Tlrmblpost in
which he asksthe outraged public at large not to make sweepinggeneralizationsabout Chick-fiIA employeesbasedon just one employee'sactions,but to'be respectfrrland THINK" So please
continue doinglunchtime businesswith €binleChick-fi1-A: your sourcefor anti-Asian purchase

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slips and heterosexual-friendlywaffle fries.
[OC Weekly.ImcAe uia Lolwhut]
COMMENT

ContactLau'iApple:
THREADS
DISCUSSION

T

cessnadriver

A LL

S TA R TA N E WTH R E A D
Sat 10 f)ec 20116:47 PM

ChickfiI a is the only Southem California fast food with all-white employees'
They are hired for their religious beliefs. Which meansracism.

http ://gawker.com/racism/

TWITTER

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2012

PhilanderingSilvenuare
Himself
QueenDeclares
GOPNominee

BY SETHABRAMOVITCH
D E C1,201111:02 M
P

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53.952

;;lfr ffi#ffi&*ffiT#

China

14,4131 185

That's it, foll<s!Roll up the circus tents and
packup thewagons: The nationwide search
for a foe worthy enoughto do battle with
Prcsident Obamain the zou presidential
election is finally over. libe nomineeis Newt
Gingrich. It's done! Over l(aput Newt said
as much to ABC News'sJake Tapper this
afteruoon:
GINGRICH: "I don't haveto go amund
of
and point out the inconsistencies
peoplewho are not going to be the nominee.They are not going to be the nominee."
' TAPPER:'You are going to be the nominee?"
GINGRICH: "I'm going to be the nominee.It's very hard not to look at the recent polls
' and think that the odds are very high I'm going to be the nominee."

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Commentof the Dar Neil Patrick
Harris for Pr;ident
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How Much CoffeeIs Safe?

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Wait - it's hard not to look at the recent polls and think that the odds are very high that he rpill
be the nominee?Doesnt he meanit's hard not to look at the recent polls and think that the odils
are very high that he ruon? be the nominee?What kind of convoluteddeclarationof
overwhelmingparty support is that supposedto be, anyway?If this is the kind of mixed
messages
were getting this early in his campaign,Newt is all but a goner on election day. He
should try not being so decisivein public; it's really not a goodlook on him.

36
26,1
Glenn Bcck Fleesfrom MuslimAmericanMogul

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Adults, AccoralingtoHamsterStudy

G LEN N BEC K

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ctTtEs
SatldestCities in America Actually
SeemMore Fun Ttan Happiest
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A Visual History of White House
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73,299
CHILDREN
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Jon Huntsman'sSinging Daughtea
Have'GoneRogue'
12.912
FAILED
STATE
InnocuousInng Island Joke
threatens SenateComity

l2llll2011
htp://gawker.coml5864404/philandering-silverware-queen-declares-himself-gop-nominee

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