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Gawker pays Eric Dane, Rebecca Gayheart to settle threesome video suit

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August

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Eric Dane and Rebecca Gayheart have settled their lawsuit with Gawker Media last week over the Internet distribution of a private tape the couple made with former Miss Teen USA and Celebrity Rehab pest Kari Ann Peniche, the Hollywood Reporter says. See, Montana Fishburne, this is how you spin fame out of a naked tape of yourself.

The Grey's Anatomy actor and his former Noxzema Girl wife had sued Gawker for $1 million last September after they posted the video on their Defamer and Fleshbot blogs, arguing it was copyright infringement since McSteamy was filming the video and owned the rights to the video. Gawker defied the lawsuit, but mediation resulted in an undisclosed settlement, reportedly in the low six figures.

“Although we are confident that our use of the video on Gawker was protected fair use, because the posts already had been available to our readers for nearly a year, and because we already had won an important decision from the court striking large parts of the plaintiffs’ damages claims, we agreed to remove the posts as part of a global settlement to avoid the burden of further litigation,” Gawker COO Gaby Darbyshire said in a statement. That's a pretty expensive video of a supposed threesome that really just showed Peniche buying stuff with a credit card while a married couple slurred pointless narration.

[Photo: Getty Images]

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[Last modified: Wednesday, August 4, 2010 3:14pm]

    

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