Eric Dane has filed a lawsuit against Gawker Media, owned by Nick Denton, over the site’s publication of the actor’s sex tape (which you can read about here).

Dane and and Rebecca Gayheart, who also appeared in the video, filed the lawsuit today in Los Angeles County Superior Court, claiming that Gawker.com had not only unlawfully posted about 4 minutes of the private video, but also maliciously tried to distribute the video and included nude shots of the threesome (the third party involved was former beauty queen Kari Ann Peniche).

The dynamic duo are seeking over $1 million in damages and also want Gawker to take down the video.

Nick Denton responded on Twitter, tweeting ““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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