The issue in this case was not about the rights on these pictures, it was about what was done with them, apart from IE issues. You can't enter into a contract that will let you do illegal things to somebody. So you can't enter into a contract that will let you extort her. Of course once a contract exists that says you can do anything you want with the pictures, the bar for being 'extortion' will be much higher. It will still be contextually defined by a judge though. It all depends on the exact circumstances.