I can only share my opinion and my knowledge about it. Early in 2006 the RPS stories about Heath and Jake began to appear here and there on fan forums. I know from hearsay (I did not see the messages myself, however) that enthusiastic readers shared links and quotes in the public areas of the Dave Cullen site, and that there was an outcry against discussion of real people in fictional - sexual - situations. As a result, there was a policy instituted at that forum to use pseudonyms to indicate Heath and Jake in discussions of it there, and to encourage writers to continue writing - but not to advertise their stories, or name names - outside of the Slash Discussion thread. Many members objected strenuously to RPS on that forum.
RPS stories are not allowed at all on Ennisjack.com since its beginning, as far as I know. I wasn't aware of the policy and my drabble link were removed when I posted them and received a polite note explaining the policy.
I believe that since many people find RPS very offensive morally, and since it is considered by legal advisors as invasion of privacy, defamation of character, and libel, if the stars chose to confront a writer in a legal forum, those who write and read it feel very sensitive about being criticized. However, there are real ethical questions about whether fans really do have a "creative right" to use the names and biographies of people we revere and respect, and write detailed sex fantasies about them. RPS, peculiarly, seems to focus far more on sex than on a story plot, or on other aspects of the actors lives. Some of them bring in other actors and family members, such as Maggie Gyllenhaal, her husband Peter, Jake's friend and fellow actor Austin Nichols, and other A-list stars like Ewan McGregor, Christian Bale, etc. I saw one story (and did not finish it) involving group sex between several of these male actors, and the story consisted of little more than this.
My opinion is that most RPS stories are masturbatory fantasies that are almost purely devoted to sex. I have not read many of them, but what I did read gave that impression. Some of them have extensive journalistic background about Jake and Heath and incorporate Michelle and the misfortune of her father's tax arrest and tense confrontations that are very detailed - and very personal.
The more I looked and read, the more uneasy I felt. None of this could be considered "a tribute" but rather something a lot more daring than a gossip column. Some authors claim that neither they nor their readers have any illusions that these are the "real Heath and Jake" but the biographies, and the images accompanying them - are certainly of them. The details other than the fantasy sex, are details of their real lives. If they aren't the real Heath and Jake that are being imaged by the writers, why use their names and their biographies as part of the story? I find that disingenuous.
I did my outing in RPS in the form of drabbles that took place within the context of filming BBM and Heath beginning his relationship with Michelle. As I got closer to trying to portray the mental state of the actor, I felt more and more uncomfortable, even if what much of what I was writing could very well have happened. I was treading on forbidden ground. I did not post the drabbles on my own livejournal, and I had a few strong dissenting opinions from readers about why I had "stooped so low" and encouraged them to read what I had written so they could find out why.
However, I never felt as though I had any legal or moral "right" to speculate in that way, nor do I believe others feel as comfortable or righteous as they may state they are, but I can't say anything definitive on behalf of anyone else. I do feel as though I need to set an example, having waded into it, that my conscience does not permit me to put out this story to anyone - even privately - now that Heath has died. I can find no good reason to do so, and cannot rationalize it ethically.