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Celebrity Justice9/23/2009 5:53 PM PDT BY TMZ STAFF
Dane/Gayheart Sue Over Nude Romp Video

Eric Dane/ Rebecca Gayheart Eric Dane and Rebecca Gayheart are looking to settle the score with the website that published their naked non-sex threesome tape.

Dane and Gayheart filed a lawsuit today in L.A. County Superior Court, claiming Gawker.com had not only unlawfully posted almost 4 minutes of the private video that was shot behind closed doors, but "maliciously" distributed the video and included nude shots of the fabulous threesome -- the third wheel was former beauty queen Kari Ann Peniche.

Dane and Gayheart want more than $1 million in damages. Their lawyer -- legal pit bull Marty Singer -- is also asking for an injunction to pull the plug on the video.

UPDATE: 5:30 PM ET:
Gawker's publisher, Nick Denton, just twittered his response to the lawsuit: "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!'"

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Reader Comments

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1.

MJ's KIDS:  871 days ago

Who cares

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2.

Jenn:  871 days ago

I understand going after gawker for distributing the video without a release but I would invest some time and money to find out who the hell leaked the video to them in the first place? Was it an assistant or other hired help in their home or the "third wheel" and go after them!! Plus their old enough to know better, the old saying goes, deny everything and NEVER EVER get caught on tape and if you do happen to get on tape, lock the it up! But I guess in hollywood bad publicity is still publicity

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3.

Per:  871 days ago

I hope they lose and I don't feel sorry for them. Not one bit. They are stupid enough to make a video and let it get out there somehow and then they want to sue somebody for posting it? They are probably the ones behind this leak and did it for the publicity since Rebecca Gayheart is a sorry never-was, trying to jumpstart her career. What a pathetic pair they are.

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4.

Nix:  871 days ago

Hey, how did the tape get made in the first place. Also, of course it's a sex romp and these actors have enough moula.

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5.

mrez golucky:  871 days ago

Yikes! It was boring anyway!

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6.

orlandojon:  871 days ago

Maybe if celebrities wern't jackasses making pornos of themselves they wouldn't have to worry about them getting publsihed

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7.

SuzyCreamCheese:  871 days ago

They're just pissed they got caught with their pants down.
Extra pissed Dane was such a dumb ass when he was stoned!!!

People with brains don't end up in situations like this!
Nor should people like this reproduce!

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8.

TLS:  871 days ago

www.salvationarmykroccenterprotest.com

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9.

Kid Vishiss:  871 days ago

Please. Remember when scientology tried to sue Gawker? They don't stand a chance. I have a feeling these crackheads have a less saavy legal team than Gawker.

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10.

Nameless:  871 days ago

They should pay us for watching the boring piece of trash and making a bunch of has-beens and nobodys famous again for 15 minutes.

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11.

Lisa:  871 days ago

See the nude video befor it gets deleted
http://www.jammydodger.net

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12.

Saddenend:  871 days ago

My 2 favorite sites celeb news sites:

Gawker.com & TMZ.com

Go 'head Nick Denton!

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13.

Saddenend:  871 days ago

I think Dane/Gayheart are mad because Gawker panned & snarked at how BOOORRRRING it was.

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14.

Boo Hoo:  871 days ago

I saw the real deal on fleshbot.com. All I am going to say is that somebody's bush needs a trimmin.

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15.

Linda Mott:  871 days ago

What they do in their house is private, Unless it is hurting someone or to do with a minor.

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