I don't think it would work to allow a page to begin playing media any
time it's in the foreground and at any point after a successful
play(). All pages will be in the foreground at some point and those
that want to be naughty can just play 2 samples of silence [1] then to
get around the background tab blocking later.
Another approach we could take is an off-by-default preference that
forces preload="none" [2] until the user interacts with the
audio/video element in some way. But if it were up to me, I would
probably try to remove the restrictions altogether and learn from user
complaints what problems are actually important to solve.
[1] data:audio/wav;base64,UklGRigAAABXQVZFZm10IBAAAAABAAEARKwAAIhYAQACABAAZGF0YQQAAAAAAAAA
[2]
http://www.whatwg.org/specs/web-apps/current-work/multipage/the-video-element.html#attr-media-preload
Philip