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'Kim Kardashian wannabe' can't publish Von Miller sex tape without his OK, experts say

Four4Four: Broncos Super Bowl hero Von Miller reportedly trying to block release of sex tape

 

Kim Kardashian wannabe Elizabeth Ruiz is trying to shop an alleged sex tape with Super Bowl MVP Von Miller unless he pays her $2.5 million to make it go away, according to a complaint obtained by FOX411.

The NFL star is fighting to ban its release, and his legal camp has likened the Instagram model’s demands to extortion.

This case follows on the heels of Hulk Hogan’s landmark victory against the now-defunct Gawker website for publishing a sex tape he didn't know was being filmed.

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“To tape someone and then sell a sex tape without the consent of the other partner is not only reprehensible behavior but may well be actionable,” Hogan’s lawyer, David Houston, told FOX411 regarding the Vonn/Ruiz matter. "It would be absolutely foolish for a media company to test the water after the Hulk Hogan case. The people of this country appear to have had enough of this type of invasive behavior."

But gossip site The Dirty’s Nik Richie, who originally published screengrabs of Hogan’s sex tape before taking them down, told FOX411, “I think the media should publish the tape. It’s not our job or responsibility to protect people for their own mistakes, especially celebrities.”

Richie said Miller allegedly knew a recording was being made, unlike Hogan.

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“Von Miller knew he was being filmed, this isn’t a privacy issue,” said Richie.

However, there is the issue of consent according to adult entertainment company Vivid’s Steven Hirsch.

“Von Miller has a right to privacy. As we saw with the Hulk Hogan lawsuit any media outlet that publishes this footage would be liable and face serious ramifications. The fines would be based on the damage done to Mr. Miller’s reputation," Hirsch said. "Because he is a football player and not in any way connected to sex the fines could be very substantial. Consent is needed from both parties before any footage could be distributed.”

More: Broncos Super Bowl hero Von Miller trying to block release of sex tape

President of Exile Distribution Howard Levine said that in some cases, a tape may appeared to be leaked but instead it’s a staged attempt to have one party or both look innocent. He says that's not the circumstance with Miller.

“Many times you will hear that one of the participants is not signing when in fact they did. The only way to know is if in fact they do sue and don't drop the suit. If the tape eventually comes out, that means they both signed,” said Levine.

FOX411 reached out to Miller’s lawyer but did not receive comment.

Fox News.com Reporter and FOX411 host Diana Falzone covers celebrity news and interviews some of today's top celebrities and newsmakers.  You can follow her on Twitter @dianafalzone.

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