If the woman costarring in Scott Stapp and Kid Rock's sex tape wants to cash in, she's gonna have to fess up.
A Miami judge has dismissed the invasion of privacy lawsuit against the camera-friendly rockers, claiming the woman cannot proceed if she chooses to remain anonymous.
"There's no showing on why the claim should be allowed to proceed under a fictitious name," Miami-Dade Circuit Judge Gerald Hubbart said in his ruling, made public Tuesday.
The woman, identified in court documents only as "Jane Doe," was given a 20-day grace period to refile the lawsuit under her real name if she wished to continue with the proceedings.
Ms. Doe claims she was the "star" of the raunchy footage and in turn filed suit against Stapp and World Wide Red Light District, the California-based distributor attempting to hawk the tape without the permission of anyone involved. (She didn't name Rock, apparently since it was Stapp's copy that somehow got out.) She's seeking to prevent the sale of the video as well as receive unspecified damages.
"She's not a celebrity. She's not a public figure. She was promised there would never be any intentional commercial use or profit made from the tape," said the woman's attorney, Dawn Ausenanger.
The lawyer said her client was seeking damages because she has already suffered emotional distress and was stigmatized by the video, which reportedly shows four woman engaging in various stages of X-rated antics with the rockers.
Thomas Julin, the lawyer for World Wide Red Light District, sees it otherwise.
He claims the woman has no case whatsoever since "she's not a child, she's not abused. She can't claim invasion of privacy because this tape was made in the presence of others."
For his part, Stapp claims the 45-minute video, made in 1999 on a tour bus, was stolen from his safe and that he had no part in its sale or distribution.
The former Creed frontman even filed his own lawsuit last month seeking to ban the company from releasing the footage. Rock, too, won a temporary injunction against the company in his home state of Michigan, successfully barring World Wide Red Light from posting the tape to either of its promotional Websites, ScottStappSexTape.com and KidRockSexTape.com. Last month, he was able to extend the injunction without a hearing.
The porn-purveying company--which previously brought us Paris Hilton's infamous skin flick--briefly hyped the video with a 40-second preview clip on its Website before taking it down.
But Rock, for one, isn't blaming the distribution company--he blames his costar.
"[Stapp] is the idiot because it's out," he told the AP last month. "I'm holding him responsible."
The woman has until mid-May to refile her suit.