Eric Dane and Rebecca Gayheart are suing Gawker.com for publishing their no sex sex-tape last month. The suit, filed Wednesday, claims Gawker “unlawfully posted almost 4 minutes of the private video that was shot behind closed doors, but “maliciously” distributed the video and included nude shots of the fabulous threesome — the third wheel was former beauty queen Kari Ann Peniche.”

They’re asking for $1 million in damages. Marty Singer, their lawyer, asked for an injunction to have the video pulled from Gawker.

Gawker overlord Nick Denton responded over Twitter, “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!’” Then they linked to the video again. Obviously, Gawker is scared.

Since everyone else is doing it, I’m also suing. Someone wrote on the bathroom stall to call me if they wanted a good time. That’s a lie. It should say that they should call me if they want a “great” time.

In totally unrelated news, Grey’s Anatomy premieres tonight.

Defamer managed to snag a 12-minute tape staring Eric Dane, his wife Rebecca Gayheart and former Miss Teen USA 2002 Kari Ann Peniche. There’s no sex at all during those 12 minutes so I felt a little robbed when I watched this. If it’s any consolation, there are topless chicks. In the video (here, Fleshbot will post the uncensored version later), all three are high and discussing various topics such as what their porn names should be and how Kari’s 7-year-old brother is smarter than her.

A little background about the people here. Eric Dane, 36, plays Dr. McSteamy in Grey’s Anataomy. Rebecca Gayheart, 38, killed a nine-year-old with her car while she was on her cell phone. She’s also acted in films and whatever and the National Enquirer posted a pic of her smoking a crack pipe with another topless woman in a bath from 2003. Kari Ann Peniche, 25, was stripped of her Miss Teen USA crown for posing in Playboy. Kari was also once engaged to Aaron Carter. Basically, everyone in the tape is a winner.

Being a celebrity is great. You make millions of dollars reading lines from a script someone else wrote and get to go home, get high and watch two or more naked chicks bathe together. It almost beats out being a blogger as the best job in the world. Almost. I don’t mean to brag, but I don’t even have to wear pants when I’m writing.

Here’s Rebecca Gayheart topless on some yacht. For those wondering who the hell Rebecca Gayheart is, she’s an actor who’s been in such hits as Harvard Man, From Dusk Till Dawn 3, Jawbreaker, Scream 2 (as Sorority Sister Lois) and Urban Legend. She was also once engaged to Brett Ratner. Ouch. She also looks like a monster. Double ouch. These are probably not safe for work. More after the jump.