so what do u think about this?

taken from Yahoo!

Judge Says 'Nyet' to Cutting Borat

The South Carolina frat boys who filed suit over their depiction in Borat are just going to have to accept their place in history, because their scene in the hit film is there to stay.

After questioning precisely how inebriated the two plaintiffs were when they put their less than best faces forward, a Los Angeles judge refused to order 20th Century Fox to excise their part from future theatrical and DVD copies of Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan.

Los Angeles Superior Court Judge Joseph Biderman ruled Monday that John Doe 1 and John Doe 2 (as they are listed in court documents) failed to show a "reasonable probability of success on the merits" or that collecting monetary damages would not be enough to remedy the situation.

Meaning: What would cutting a few minutes of film really do for them?

Louis Petrich, attorney for 20th Century Fox and fellow defendant One America Productions, told reporters outside the courthouse that he was "obviously pleased" with the judge's decision.

"To us, this is just consistent with all the doubts the judge had during the hearing," Petrich said.

Before taking the matter into consideration Thursday, Biderman noted that he didn't "see people falling down or unable to articulate what they were saying" during the part in Borat where Sacha Baron Cohen's Kazakh journalist knocks back a few with three college boys and listens to their treatise on just who has the power in this country. (According to one of the men now suing, that would be minorities.)

Biderman's position called into question the plaintiffs' main argument: Because the film's crew took them to a bar beforehand, they were too drunk to know what they were agreeing to when they signed a release form.

And because they were told the footage would never be shown in the U.S., the pair's complaint states that "they engaged in behavior that they otherwise would not have engaged in."

They sued 20th Century Fox, One America Productions, Everyman Pictures and Gold/Miller Productions for unspecified monetary damages on Nov. 9—after Borat struck box-office gold during its opening weekend—for fraud, rescission of contract, statutory and common law false light, appropriation of likeness and negligent infliction of emotional distress.

A request for a temporary restraining order to have the plaintiffs' scene removed from the film was denied the very day they filed suit.

Meanwhile, Borat had a very auspicious weekend, pulling in another $2.6 million to up its domestic gross to $120.3 million, per Box Office Mojo, and cracking the American Film Institute's Movies of the Year list, an alphabetical list of the top 10 U.S.-made films. Cohen was then named Best Actor by the Los Angeles Film Critics Association.

Wa wa wee wa!

thanks to Yahoo! for this