Initially, its important to understand that Burning Man is a private event and, as such, can condition entry and participation on whatever they want other than those types of discriminatory categories proscribed by law (race, ethnicity, handicapped status, etc.)
And they do have a right - and an affirmative obligation - to use reasonable care to control the use of their trademark.
By profession, I’m an advocate for freedom of speech and expression . The First Amendment is tattooed around my arm and I adorn my RV with a large EL-Wire First Amendment sign on the Playa. I have lectured (on and off Playa) on the First Amendment, Substantive Due Process, and individual rights of privacy. But constitutional claims generally arise only when the Government infringes on personal liberties, not when a private company does so under contractually agreed upon terms.
Admittedly, I think the Borg may be going a bit far with their intellectual property assignment language, and I’m not certain it would all stand up to a legal challenge depending on the actual use. But I believe their aims are laudable; a) protecting their brand; and, b) protecting our ability to act (reasonably) freely without fear of having our pictures splashed across the Net, or worse, some “adult oriented” website without our knowledge or permission.
I have not heard of a single verified example of the Borg using its powers improperly. There are plenty of Burning Man related projects floating around, all of which got the Borg’s blessing; e.g., Drama in the Desert, Burn Baby Burn, etc...
So, for now, I’m OK with it.
Just my $.02

Hmm...I know that a huge debate sprang up on one of the tribes after some footage showed up on YouTube from Deep End camp in 2007. Many complained that they didnt think it was right for it to be on there. Overall the debate got into "who has to be responsible? -- the partygoers needing to keep the camera away when videotaping hoopers with a huge crowd behind them, or the other party goers who are uncomfy with being taped needing to be aware that they could be taped and take precautions that they deem necessary.

Honestly, I dont even think about cameras at Burning Man. As long as someone is asking before taping me, Im fine with it. In the case of being taped within a very large crowd, I cant expect that person to ask all 100+ people but I have no problem moving if I am not comfortable with being taped (even though they are probably taping something cool like the hoopers/dancers). Then again, I take such a relaxed view about this because I dont lead any sort of double life nor do I have a family that could possibly see me from one of these clips.
The only thing on my ticket that mentions anything regarding media is:
"Your image may be captured on film, video or photographs without your consent and without compensation. You hereby appoint Burning Man as your representative to protect your intellectural property or privacy rights, recognizing that Burning Man has no obligation to take any such action."

Also, as quoted from the Burning Man site as of today:
"Use of Images"
I UNDERSTAND AND ACCEPT THAT NO USE OF IMAGES, FILM, OR VIDEO OBTAINED AT THE EVENT MAY BE MADE WITHOUT PRIOR WRITTEN PERMISSION FROM BURNING MAN, OTHER THAN PERSONAL USE. I understand that I have no rights to make any non-personal use of any image, film, or video footage obtained at the event, and that I cannot sell, transfer, or give the footage or completed film or video to any other party, except for personal use, and I agree to inform anyone to whom I give any footage, film, or video that it can only be used for personal use.
source: tickets2.burningman.com/info.php

So...what has actually changed from 2008 or 2007? Does anyone actually have the EXACT wording that the EFF is referring to in that slashdot tidbit?