Eric Dane's lawyer wants to differentiate between a "sex tape" and a "nude tape." But whatever you want to call it, he's willing to sue you for exploiting it.
A video showing the Grey's Anatomy star, his wife Rebecca Gayheart and former Miss Teen USA Kari Ann Peniche nude and in compromising positions is ancient history, according to Marty Singer, an attorney for the married couple.
Singer says using the tape for commercial purposes will mean a big lawsuit.
In a statement released Monday shortly after the Eric Dane tape circulated, the actor's lawyer said of the (non) sex video being discussed and shown online:
"This is simply a private, consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public."
The statement continues:
"Although the participants are nude, the tape is not a sex tape. It is a private tape made for my clients' personal use, and nobody has the right to exploit it."
Singer said that "if anyone exploits the tape, they will be violating my clients' rights and will be exposed to significant liability." We don't doubt it one bit.
The attorney reiterated that the Eric Dane tape is a "private, confidential tape," and added that "from what I've seen, it's a naked tape, not a sex tape."
The third woman in the video is Kari Ann Peniche, who in 2002 was crowned Miss Teen USA but was later stripped of the title after posing for Playboy.
Kari Ann Peniche, who was once engaged to Aaron Carter and appeared on Celebrity Rehab for sex addiction, is alleged to be involved in a sex-for-hire business.
We will have more on that aspect of the Eric Dane tape later.