Today in pointless victories comes one for former Noxema girl Rebecca Gayheart and her Gray’s Anatomy spouse, Eric Dane.
The two were featured in a widely viewed sex tape most prominently disseminated on Gawker. The clip, a fairly seedy affair that features the pair engaging in a wild night of sex and smokable substances with Keri Ann Peniche, has been floating around the internet ether since August of last year. Although countless people have screencapped, torrented and saved the footage in that year, Gawker has been tied up in court over it since September of last year.
In a statement, a Gawker spokesperson contends that use of the clip was protected, but the legal wrangling had become too large of a pain in the ass:
“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.
In exchange for Gawker pulling the material, Gayheart and Dane will drop their $1m lawsuit against the blog network.