@iamjohn: I'd argue in the events of this case the articles that Gawker posted weren't newsworthy.
The video was shot in 2006 and were released on TMZ in 2012. 7 MONTHS later Gawker releases the video of a supercut of the sex tape.
So not only did Gawker post something that happened 7 months ago, they took the time to cut out all the boring parts of the tape and show the good stuff. Gawker went out of its way to show the video that already was out in the public. I can't see any real "news" worthiness to what Gawker did.