Britney Divorce Stunner: Sex Tape In Play?

(CBS/AP)  Britney Spears and Kevin Federline made a four-hour sex tape early in their marriage that he is now threatening to sell unless she gives in to his demands in their divorce case, according to a British tabloid, The News of the World.

It says Federline wants more than $30 million from Spears, along with custody of the couple's two young children, Sean Preston, 1, and Jayden James, 8 weeks. The newspaper also reports that Federline has been offered $50 million for the tape by one film company that wants to put the video online.

The tabloid says Spears fears release of the tape would short-circuit the comeback she's attempting to stage.

But on The Early Show Tuesday, Us Weekly magazine's contributing editor Katrina Szish said Spears probably needn't worry.

"If a tape does exist, I don't think it will be damaging for Britney," Szish told co-anchor Rene Syler. "We've seen her at her lowest point. She's on her way back up. This would be a tape she did with her husband when they were married. Whatever may be in that tape, it really doesn't matter anymore.

"At this point, (the existence of the tape is) pure speculation … It's completely hearsay, so we can't necessarily yet say that Kevin is doing anything wrong."

And if Federline is indeed using such a tape the way the tabloid says he is, it is likely to backfire, Szish said, adding: "If this sex tape is real, if it does exist, if he is trying to demand money for it, that would certainly hurt his chances (with a judge) of getting sole custody (of the children). So, I do think it's probably unlikely that the sex tape does exist."

Separately, a judge in Los Angles last week threw out a Spears lawsuit against Us Weekly, ruling the pop star cannot be defamed by the magazine publishing rumors that she and Federline had made a sex tape and were worried about its release.

Superior Court Judge Lisa Hart Cole said Spears has "put her modern sexuality squarely, and profitably, before the public eye" and it would be unlikely for the magazine article to be found defamatory.

The judge's decision to dismiss the $10 million lawsuit filed last year did not address whether the October 2005 story was true or false.

"The issue is whether it is defamatory to state that a husband and wife taped themselves engaging in consensual sex," Cole wrote in the decision issued last week. "The backdrop against which this issue must be addressed is that the plaintiff has publicly portrayed herself in a sexual way in her performances, in published photographs and in a reality show."

Spears' lawyer, Martin Singer, did not return a call Monday seeking comment.

Us said in a statement it stood by its reporting and was pleased with the decision.

The lawsuit stemmed from an article published Oct. 17, 2005, in the magazine's "Hot Stuff" column under the headline, "Brit & Kev: Secret Sex Tape? New parents have a new worry: racy footage from 2004."

It claimed Spears and Federline feared the release of a secret sex tape, which they had viewed with their estate planning lawyers. The article said that Spears gave a copy of the tape to lawyers and she and Federline were "acting goofy the whole time" while watching the video.

"There was no laughter, disgust or goofy behavior while watching the video in the company of lawyers because they did not watch any video, and because there is no such video," the lawsuit said.

Spears sued after Us refused to issue a retraction.

[bbigjohnson]

If she had a clue, which she probably doesn't, she should call his hand. Instead of forking over the kids and $30 million, tell him to go to hell, go ahead publish the video and get half of the $50+ million! So what about your "career",
with that kind of jack who cares? Who knows maybe he will back down if he doesn't get what he "wants" (money and probably NOT the kids). She was dumb for making a video since marriages in showbiz rarely last. So she has compromised her position a little, it wasn't her choice to go public with it. Besides look at the queen ho Paris Hilton-big time ho, still big time jack!

[newsjeff-2009]

In response to the person who ended his or her comment by saying for Britney to "go to church" needs to remember: Britney Spears was raised up in church, a Baptist Church in a small town in Louisiana. Church is a great thing for people, but lots of churchgoing people and strong professing christians of all denominations have had history of divorces or affairs themselves. Lots of single women, including a few I dated, and later wished I had not, have had failed marriages or affairs, and brag about their divorce numbers, and all of them claim to be christian.

[newsjeff-2009]

Just so people won't think I am bashing Britney Spears totally let me make something clear: I personally do not like Kevin Federline one bit, I know not everyone watches wrestling like me, but I would love to see John Cena beat the dog doo out of him a hundred times over. What I do not like is hollywood bragging and glamorizing divorce. It seems like our political leaders of this country want our divorce rates to go up for traditional marriage. The GOP controlled white house,senate and congress have sure bashed homosexual marriage,same s e x marriage, but they do not seem to care that traditional marriages in this country are failing, and divorce rates for traditional marriages are going up every year.(Yes, I am aware Democrats control the house and senate now, but I wonder which party controlled it for the past few years, one guess the same party of the same president that has had low approval ratings this whole month!!)People in this country want to stop homosexual marriages, when traditional marriages have only a 50 percent chance of sucess. Of course the GOP party that promotes this nonsense of banning gay marriage has an approval rating slightly lower than 50 percent.

[newsjeff-2009]

In response to the person who complained about my comment, I do have a life. The only reason I have some credit card debt now and a few other problems is some of the liberated,women I have mistakenly dated, and when I say liberated that does not necessarily men democrat women either. All the ex-girlfriends I have had have been just like Spears, with the attitude that there husbands or boyfriends never do enough for them. I may be a liberal, but I am intelligent enough to read the bible and I know what the bible says about a woman's or a wife's role in the home. Of course some conservative,GOP supporting religious groups also have women preachers,ministers or other church leaders, I wonder what the bible says about that?, I do know the bible talks about compassion,love, and forgiveness of people's shortcomings, something lots of American women like Britney Spears do not show a lot of.

[emilie_clark]

Kevin Federline sucks and if Eminem and K-fed did a rap off Eminem would kick his *** of the face of the earth. Britney Spears I hope will get custody of the kids because she seems like a good Mom. Oh and did I mention Kevin Federline SUCKS!

-Marina Clark Grade 5

[tama351]

To newsjeff. Leave it to a liberal to politicize
even this. Get a life!

[tucson23]

friendsmom63 writes: "personally i don't feel the need to see kev's pale skinny butt on top of britney. and the idea of britney, who i don't admire greatly in the first place, makes me feel sick, lol."

Well, friendsmom, I think that's because you're a woman. I'd love to see the tape because Britney was extremely hot before she had kids and got fat. I won't be looking at Kevin's butt, just Britney's hot body. Bring it on, baby!

[newsjeff-2009]

I do not know about Federline, but I remember that Britney Spears was a strong vocal GOP Bush/Cheney supporter in the 2004 election, and proclamined herself to be a moral mind,GOP supporter. I guess this divorce is farther proof that even American girls who claim to be good girls raised in church(which Spears has stated several times)can have a liberal attitude toward divorce. Yes it is possible people, GOP supporters can be just as liberal thinking as Democrats, funny isn't it. Isn't it a wonder lots of American men are turning homosexual or more American men are marrying foreign,mail-order brides.

[wilkesjulie]

first of all kevin is a piece of dog poop!! im a 34 yhr old woman, married and have 3 children. i personally think nothing is wrong with brittney taping herself & her husband. thats their business. theres alot of people who has never done this and thats fine. but there are alot more people who have and if its with your spouse thats your business. she shouldnt be ashamed of loving someone even though he was a joke from the very beginning. hes always been out for what he could get and thats it!! look at the woman he left while she was pregnant. what a creep!! and brittney should have known from that alone he was ***. but this will be a lesson learned. and quit downing her for mistakes she has made and will still make. thats part of growing up. we all have made our share of mistakes and we either learned from them or kept doing the same thing. she will come back and i hope she does well. i like her singing and shes a beautiful person. stand behind her and show your support and this to will soon be forgotten. she is the only one i ever see with her kids. wheres he at? dead beat dad. i know she will get custody of her kids.
noshame-bruceton, tn.

[cornflower3]

hope these people become has-beens soon. they both should get what they deserve, which is nothing. so tired of hearing about this. this wasan't a marriage, it was a way to keep their names in print since they have nothing to contribute to society.