I actually see that case as the other side of that same coin. It’s been a long time but I vaguely recall Gawker featuring other unethical/likely illegal content like that. They were a large company with a legal team though, so they were difficult to challenge.

That it required someone of that ghoul Thiel’s resources to take them to court demonstrates an unevenness in itself. It’s wildly expensive to sue a large company even if they’re legally in the wrong, granting them a built in protection against claims.