It's been jokingly referred to as the sex tape that no one wants to see. And if lawyers for Kid Rock get their way, no one will.
On Tuesday, Rock's legal team scored an initial victory in its attempt to block a California company from distributing a sex tape featuring the Detroit rocker, former Creed frontman Scott Stapp and four women.
U.S. District Court Judge John Feikens signed a temporary order that prevents Red Light District Video — the company that distributed 2004's "One Night in Paris" sex tape, featuring heiress Paris Hilton — from posting the Rock/ Stapp video on their Web sites. Last week, Red Light launched two separate sites, KidRockSexTape.com and ScottStappSexTape.com, which each streamed a 40-second clip of the tape. Both pages were offline as of Wednesday morning (February 22).
The temporary order remains in effect until Friday morning, when Rock's attorneys will attempt to obtain a permanent court order halting the sale or distribution of the tape, which was allegedly shot in 1999 when Rock and Creed were on tour together. In Rock's lawsuit, he claims that it was clearly understood that the video would remain Stapp's private property and would not be displayed publicly.
"The bottom line in our suit is that everyone has a right of privacy, even is they're a public figure," Rock's co-counsel Michael Novak told MTV News. "Our complaint is that regardless of how Red Light procured the tape, they don't have the legal right to distribute it. And Judge Feikens agreed."
A spokesperson for Red Light District had previously stated that the company got the tape from a third party, and that by offering it for sale, they were preventing the tape from making the rounds on the Internet.
Novak said that he and fellow attorney William Horton filed the suit solely on behalf of their client, and that Stapp had his own representation, who had apparently also filed a claim against Red Light District. A spokesperson for Stapp could not be reached for comment.
"Stapp shot the tape. It was his property, and it should've remained his property," Novak said. "And as such, this case is really sort of a no-brainer. It has direct parallels to the Bret Michaels case [in which the former Poison frontman successfully sued the Internet Entertainment Group to prevent the distribution of an explicit video with Pamela Anderson], because this tape is private. We're not trailblazing anything new here."