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Here is my understanding of photos taken in public.
If a person has a reasonable belief of privacy you cant use their photo without permission. That means if Sandra Bullock flashes her tits to a crowd of people you can take the photo and use it. If you sneek up to her house and take a nude photo of her you cannot use it.
If BV used the photo in this thread as part of an article about his local beach, the girl in the photo couldnt do anything. Using it to advertise an adult site changes the situation drasticly. Now he is open for an "In Light" lawsuite. If she feels she is being portrayed in a negative "light" she has a lawsuite. The model release is what prevents that problem because you gain the right to use the model's likeness any way you want. The laws also change depending on whether the model is in the public eye. The person taking the photo usually owns the right, but the right to publish it w/out potential problems requires a model release. My guess would be that BV owns the right to the photo but not the right to publish it on an adult site.
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