Reuters reports that the lawyer urging a judge to halt the future DVD release of the movie, "Borat: Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan" has failed.
Olivier Taillieu, representing two South Carolina college students seen in the film drinking excesively and hurling racist epithets, told Los Angeles Superior Court Judge Joseph Biderman that the producers of the fake documenatry tricked them into appearing in "Borat" by telling them the film would never be shown in the USA.
But, according to Reuters, the judge "ruled they had failed to show a reasonable probability of success on the merits of their case or that money damages alone would be insufficient to resolve their claims."
So no injunction was granted at last week's hearing and "Borat," already having made over $120 million in theaters in just six weeks, heads to DVD with the frat boys scene intact.
A trial date has not yet been set to deal with the students' other claim in which they demand unspecified financial damages. A third student seen in the film has not initiated any legal action.
The hit movie stars Sacha Baron Cohen in the persona of a fictional Kazakh TV journalist he first made popular on his television series "Da Ali G Show." In the film, "Borat" heads to the United States on a voyage of learning and understanding and interviews ordinary Americans on the fine points of cultural diversity and etiquette. "Borat" is made up (mostly) of improvised scenes with ordinary Americans who do not realize that Cohen is duping them.
No official announcement of the DVD release has yet been made by Fox Home Entertainment.