CanadaRAM said:No, you are quite wrong on the salient point -- William Hung consented to his performance being publicized.
Consent is the first test here. Clearly the plaintiff never consented to publication, and the defendants broke several laws in misappropriating, copying and then publishing the material.
That is completely aside from whether the result was embarrassing or caused injury (emotional or economic) to the plaintiff.
The plaintiff used school equipment on school property to knowingly record himself goofing around. He then left the school's tape in the school's camera where it would obviously be found and viewed by someone else at the school. Expectation of privacy is where...? No one stole his camera w/happened to have the tape w/the footage on it. No one secretly taped him. He knowing taped himself and knowing left the tape where it would inevitably be discovered.
If I use the office copy machine to photocopy my butt, and I leave a copy of my photocopied butt in the machine, and said copy of my butt ends up all over the office (or on the internet) it's not my fault, but someone else's?
I agree that the nice thing to do would have been to erase the tape, but I disagree that the classmates should be held legally accountable. Not being nice shouldn't be a criminal act, IMO.
Lethal