from www.tmz.com – The other girl in the bizarro 3-person naked romp vid with Eric Dane and Rebecca Gayheart wants everyone to know she was “just having fun with my friends.”

Last night at a gas station in West Hollywood, a clothed Kari Ann Peniche told us she’s unsure if she’ll be taking legal action against her former roommate/singer Mindy McCready — who Peniche claims stole the tape from their apartment after a dispute over money.

The tape shows the gang naked and/or playing dress up in Peniche’s apartment — and the two women soaking together in a bathtub as Eric calls “action” behind the camera. They all appear seriously inebriated — and at one point Gayheart says she needs to lay down because she’s so high.

We’re told by Kari Ann that there is no sex in the video.

As TMZ first reported, Dane owns the rights to the video and is planning to sue anyone who publishes it.