A few months ago, we sought out a legal opinion on the case, but last week we spotted another take on the outcome. Rob Arcamona wrote his take on the case for PBS’s MediaShift blog, focusing on what Gawker cut out of the original 12-minute sex tape to whittle it down to about four minutes. What they cut out and why can affect Gawker’s “fair use” defense, Arcamona said:
“In the end, if this case goes to trial, the outcome will likely depend on what Gawker chose to cut from the video. It’s a strange reality that, in the case of sex tapes, what a news organization doesn’t publish is sometimes more important that what it does.”
Arcamona still thinks Gawker would prevail in a suit, although its chances of making it to trial are slim.