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Credit: Donato Sardella/WireImage.com

Eric Dane, Rebecca Gayheart Sue Over Nude Tape

Wednesday – September 23, 2009 – 7:54pm

Eric Dane and wife Rebecca Gayheart have filed a lawsuit over the nude tape that was leaked online last month.

The video, which was filmed several years ago, showed the Grey's Anatomy star, 36, Gayheart, 38, and former Miss Teen USA Kari Ann Peniche socializing in a Jacuzzi tub and in bed while apparently intoxicated.

See photos of famous sex tape scandals

The couple is suing Gawker Media for copyright infringement and is seeking $1 million in damages and an injunction preventing any further dissemination of the video online.

In a Twitter response, Gawker's publisher Nick Denton doesn't take blame for posting the video on Defamer.com.

See photos of stars in court

"To quote the great Marty Singer -- Eric Dane's lawyer -- if you don't want a sex tape on the internet, 'don't make one!'"

When the tape first surfaced online, Singer called it a "private, consensual moment involving a married couple ... which was never intended to be seen by the public."

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Comments

(9)

  • September 24, 2009 - 6:19pm jim Says:

    I finally found the nude video, most of the sites I’ve seen are scams but they’re streaming the video over at http://408passion.com/watch282.html (it’s free but I have no idea how long it’ll stay up obviously) if it stops working they uploaded a backup to http://408passion.com/file2018451.html with the nude pictures on there as well I never expected to see them naked!!
  • September 24, 2009 - 10:58am Anonymous Says:

    @ 9:38 Erika... I take it you and your partner are into getting high, drunk and threesomes and filming it too? No wonder why you love these guys. You come off sounding about as dumb as they do.
  • September 24, 2009 - 10:55am Anonymous Says:

    Where is the copyright infringement coming from? Was this video patented to be sold prior to its release on the internet? No!! What a bunch of dummies. Lesson learned you never film anything that could possibly embarrass you if its ever found. Scorned lovers or friends with benefits, in this case. It makes perfect ammunition to get back at you. Just dont do it.
  • September 24, 2009 - 8:54am Anonymous Says:

    You know, I just love all of the weirdos who think that everyone does a sex tape. ATTENTION SKANKS: NOT everyone in the world has a sex tape, OR wants to do one! MOST of us are too classy to ever THINK about doing such a thing, let alone stripping, and sucking, and f*cking our sexual partners or others. In addition, we are far from prudes, and enjoy sex very much. We just don't feel the need to "document" our sex lives, which when you think about it, is very pathetic and desperate. Like MOST of you, I also don't feel sorry for this couple. I hope that they lose this case! Losers. Both of them.
  • September 24, 2009 - 8:15am The Gawker should counter sue for damages Says:

    If these drugged up, celebs didn't want their disgusting 3 way with a stripper on the internet - they shouldn't have filmed themselves. They are celebrities, and FAIR GAME FOR THIS. It will be impossible for them to win the lawsuit. After all, they both of these idiots were behind the camera. Not, the gawkers fault they were careless with their sex tape and it fell into the wrong hands.
  • September 24, 2009 - 7:52am Those drugged up idiots filmed their sex tape themselves??? Says:

    Who are they going to sue. Kodak??? Both of these losers were all drugged up and romping around in bed with a stripper. This was the aftermath of a 3 some as we clearly see the stripper verifying the credit card. These two are too stupid to live. All this is going to do is keep it alive in the news.
  • September 24, 2009 - 2:10am Anonymous Says:

    The tip of her nose is almost hanging over her lip. I just think they are both unattractive and weird. Who would want to see them in a sex tape?? I agree, don't make one or keep it locked in a safe. Fools.
  • September 24, 2009 - 12:12am Anonymous Says:

    Disgusting. Absolutely vile.
  • September 23, 2009 - 9:38pm Erika Says:

    Geezus! Can't people just have fun anymore without everyone in the world being shocked over it!? Unfortunately it got out to the world but they are no different than any of us other's that like to have fun! Eric and Rebecca, Love you guys... Keep livin your life!