In the suit, the couple claims that Mark Ebner somehow obtained the tape and then delivered it to celebrity news Web site Gawker.com with the intention to "disseminate" it.
The suit says that the Web site posted nearly four full minutes of the nude video on August 17, and that it was given a takedown notice that same day "demanding that it immediately remove and cease and desist and refrain from exploiting, publishing, posting, displaying, distributing, or otherwise using or disseminating the video…"
The suit goes on to say that the couple has sustained damages "in an amount exceeding" $1 million.
The tape appears to show Dane and Gayheart nude with another woman, who reports suggest may be former Miss United States Teen Kari Ann Peniche. Peniche is named in the suit, a portion of which states that the tape was recorded in her bedroom.
Did you think one of the characters were going to die on Heroes when Eric forced them to point the gun and shoot it?
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