Come on ... or come again
The point about the paparazzi is fair: even photos of megastars lying by their own private swimming pool is justified by the notion of prurient public interest. If people have a legitimate reason to care--e.g., they pay with their movie tickets and so forth Tom Cruise's salary--then it's fair game. For the most part, the average guy doesn't have to worry about his sunbathing wife or girlfriend as public interest. However, if it came down to splitting any such hairs, the release of the video could easily be justified by a message accurately stating the location. The inherent message would be, "This is happening in your community." As public lewdness is generally frowned upon, and sexual intercourse in public view so broadly viewed as lewdness that I consider the notion incontestable for the needs of this particular consideration, such a pretense could and should justify the public release of such a tape; a scenario involving no material profits would seem even more secure an affirmation.
But that's just me.
I remember once at SAFECO Field in Seattle, watching the Mariners play a ballgame against ... uh, I forget .... Anyway, we were standing out on the upper part of the terrace section and everybody around us as well was watching this guy "secretly" finger his girlfriend. (I do remember a cutesy yellow top and white denim shorts designed to show off one hell of an ass, but that ass was busy grinding against him while he scratched her itch.)
Yes, people were taking pictures. My brother and I even chuckled about the rise of phones with cameras. Sort of a Beavis and Butthead moment: "Heh-heh ... cool."
I mean, come on. What's the point of doing such things in public? Really, are people so stupid as to think nobody will notice?
At any rate, so says me.
