The principle difference seems to be that E! All kidding aside, the company that does those tapes doesn't get release forms from everyone? I'm not saying there isn't one, but if you're certain about this please provide some proof. After all, they're calling her a "girl gone wild. Wait, I just remembered that I live in a webcam house that requires every visitor to sign a consent form If you are a stock photographer and you take a piture of someone but do not get a release it can only be use for editorial purpose, say to illustrate a story in a magazine.
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We're all commenting in public here. But courts have recognized a right not to have one's image commercially exploited. Now this opens up an entirely different avenue of thinking. And for the record I mean, whether she's topless or not, she's in public and the camera's in plain view. The suit for "invasion-of-privacy" is what I find totally out of line. If a judge determined "gone wild" to be a factual assertion, a jury would have to decide whether the plaintiff was indeed a "girl gone wild.