from www.msnbc.com – LOS ANGELES – Eric Dane and wife Rebecca Gayheart are still steamed about their non-sex tape being leaked. The couple has filed a suit against Gawker.com, the Web site which first posted the racy 12-minute video from 2007 of the couple with former beauty queen-turned-“Celebrity Rehab” patient Kari Ann Peniche on Defamer.com.

According to the lawsuit filed in Los Angeles County Superior Court on Thursday and obtained by Access Hollywood, the couple claims the Web site refused to comply with a cease and desist request after first posting the video and then “went on to maliciously distribute an uncensored copy of the video, gratuitously including nude shots” of the “Grey’s Anatomy” star, his wife and Peniche.

The suit claims the video has gone viral and is now available for viewing on numerous adult Web sites.

The couple is asking for damages of more than $1 million and also wants the video to be pulled from various Web sites.

Gawker.com’s publisher, Nick Denton, hit Twitter to respond to the lawsuit.

“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!’ he wrote on Wednesday.