The couple, who were in a 12-minute home video alongside former teen queen Kari Ann Peniche, 25, are now suing Gawker Media for copyright infringement for more than $1 million.
The publisher of Gawker, Nick Denton, hit up his Twitter account, saying, “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!”
Singer also had argued that Gawker had multiple warnings about posting the video on Defamer. He violated the couple’s legal and privacy rights, but that the blog “went on to maliciously distribute an uncensored copy” of the tape.
Dane and Gayheart, “were partially and sometimes fully disrobed in the video, recorded it behind locked doors in Peniche’s bedroom,” the lawsuit reported.
Singer, Dane and his publicist were not available for comments.