Formula One boss Max Mosley has lost a High Court bid to stop the News of the World from putting a video of him and five prostitutes back on its website.
Mr Justice Eady came to the conclusion that because the material has already been widely reported, and is still widely available, granting an injunction would serve no purpose.
According to the PA, Eady said: "I have come to the conclusion that the material is so widely accessible that an order in the terms sought would make very little practical difference.
"One may express this conclusion either by saying that Mr Mosley no longer has any reasonable expectation of privacy in respect of this now widely familiar material or that, even if he has, it has entered the public domain to the extent that there is, in practical terms, no longer anything which the law can protect. The dam has effectively burst.
"I have, with some reluctance, come to the conclusion that although this material is intrusive and demeaning, and despite the fact that there is no legitimate public interest in its further publication, the granting of an order against this respondent at the present juncture would merely be a futile gesture."
Mosley was featured in a front page story by the Sunday paper which accused him of paying five prostitutes to dress in German Nazi-style uniforms and what look very like concentration camp uniforms for the S&M session.
Mosley, the son of British fascist Sir Oswald Mosley, is taking the News of the World to court on privacy grounds - the two sides will be back in court in July.
The newspaper has only released a 95 second section of the video including clips of Mosley being beaten and enjoying a refreshing cup of tea after his five hour session.
Mosley denies any Nazi connotations to the session.
The footage is widely available including on the News of the World website. ®