I'm personally not worried about the 1st. I'm personally not a lawyer either, so there's that... Ya know how if you buy a car second hand, and it turns out the

I'm personally not worried about the 1st. I'm personally not a lawyer either, so there's that... Ya know how if you buy a car second hand, and it turns out the car is stolen, you have to give it back, even if you bought it honestly? This feels similar to me. He never gave consent and had a reasonable expectation of privacy. While you can't give him back his privacy here, the video never existed in a public domain sans-crime, so it's publishing (much like your ownership and monetary outlay) is secondary. Except that here, Gawker was a party to the crime. For me, the 1st doesn't trump privacy. I have no doubt others feel differently.