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Borat Students Want Their Scene Scuttled

The Chi Psi fraternity brothers who were kind enough to give Borat a ride in their RV and discuss the ways of the world with him are looking to make their five minutes of infamy disappear. 

The University of South Carolina students who sued 20th Century Fox and the producers of Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan last month for fraud have asked a judge to order that their scene be removed from all future copies of the film. 

Acknowledging that the hit mockumentary's theatrical run is nearing the finish line after grossing $214.5 million worldwide, the plaintiffs are focusing on any future big-screen releases and DVD sales.  

West Los Angeles Superior Court Judge Joseph Biderman did not issue a ruling Thursday, but took the matter under advisement.  

"I don't see people falling down or unable to articulate what they were saying," the judge said in court. 

A Santa Monica judge already denied the disgruntled students' request for a restraining order right after they filed suit Nov. 9, but she kept hope alive by scheduling today's hearing for a preliminary injunction. 

Olivier Taillieu, attorney for John Does 1 and 2 (their real names are not listed in court documents), argued that future distribution of the current version of the film could harm his clients' long-term prospects, including their chances of finding gainful employment. 

Taillieu told reporters that one of the young men had to resign from a prominent position within his fraternity, while the other missed out on a "prestigious internship." 

"There are a lot of real-life problems raised by the movie," the lawyer said, describing Biderman as "very engaged" in the discussion. "Hopefully he sees it our way," he said. 

The plaintiffs' scene in Borat shows them and another man getting drunk with the bogus Kazakh journalist in their motor home. They proceed to unintentionally horrify Borat by showing him the Tommy Lee/Pamela Anderson sex tape, thereby spoiling the character's visions of a pure, unsullied Pam. During the segment, one of the students comments that "minorities have all the power" in this country. 

In their lawsuit, the men allege that they were tricked into participating, having been told that the footage would never be shown in the U.S. The film's crew plied them with booze, they stated, and only then were they asked to sign a waiver.  

After drunkenly signing the release forms, the suit reads, the plaintiffs then "engaged in behavior that they otherwise would not have engaged in." The unfavorable exposure has since made them "the objects of ridicule" and has damaged their reputation and standing in their community, they said. 

Meanwhile, 20th Century Fox spokesman Gregg Brilliant has maintained throughout that "the lawsuit has no merit." One America Productions, Everyman Pictures and Gold/Miller Productions were also named as defendants. 

"It's like the Mel Gibson defense," Louis Petrich, attorney for 20th Century Fox and One America, said. "I only say the things I did when I've had a few drinks." 

Borat has also been targeted by two Romanian villagers from Glod, the isolated town that stood in for Kazakhstan during the film's opening and finale. On behalf of their village, the plaintiffs are asking for more than $30 million after being portrayed in the film as rapists and myriad other unsavory types.  

They also claim they were duped into their roles, having been told that the film crew was shooting a documentary about poverty in Romania. 

And even those who came off looking alright in Borat are feeling litigious these days.  

Etiquette coach Cindy Streit, who was on the receiving end of a well-intentioned bag of feces in the film, filed a complaint Nov. 16 with the California Attorney General's Office, asking for an investigation into the methods Borat creator Sacha Baron Cohen and the film's producers used to get people on camera.

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