[nhaehnle]

Such questions are messy and fuzzy, which means that technical people often get terribly hung up about them. The important thing to remember is that those questions aren't new. Laws about libel and slander, about insults, about a person's right to their image, and much more have existed for a long time. When there are disputes, court cases happen. As a result, our understanding of what is accepted and what isn't gets refined over time. It goes so far that as society changes, the interpretation of laws changes along with it.

In the end, these things mostly work, and that's good enough. Most importantly, most people feel that it is better than refusing to have such rules just because they may be fuzzy.