On March 16, , the lawsuit was dismissed as the judge claimed that the original news story was newsworthy. Thus, whether the sex tape exists or not remains unclear. My theory on this not that you asked: Obviously, Opie tried to fight this hard.
Going public with the lawsuit had to be a certain kind of deft move on his and his lawyers part, because he couldn't try to sue Chaunce for the tape: That would confirm that it exists. Knowing that another man -a celebrity- fucked your wife is probably too painful and cuck-ish to deal with in the first place, not to mention that the possibility of it making the rounds on the internet would be maddening to any one of us.
However; Opie is a backstabbing asshole and quite an effective one. Chaunce certainly cant afford 10 million and Opie's business wasn't really hurt by the existence of the tape in the first place to warrant that kind of price If he were to set the price of the claim with his lawyers that high, that alone would force Chaunce's lawyers to settle out of court.
During the settlement meeting, the crux of the deal would've revolved around handing the tape -and subsequent copies- over to the Hughes family, while barring Chaunce from taking any existing copies and putting them online, most likely enforced in a settlement contract.
It would've been the best way to handle the whole thing: But the judge threw it out, as the story was deemed "newsworthy". So this plan couldn't have happened in the way that you'd want it, if you were Opie: You never get to settle because it never went to court, ergo you never get a copy of the tape. You cant come out and bash Chaunce too much -or even talk about it- because you would wind up confirming its existence.
Besides; testing those waters too much might get him to put that tape out anyway, as a "fuck you". You could try to take him to court again if he does, but by then the damage is done: The tape exists, everyone knows it exists, and the copies have been mirrored over and over on the internet, ad infinitum.
Even if you got DMCA's or whatever to take them down, people would just wait a year and throw it back up again. Considering the ambiguous nature of all of this; does the tape exist in some form or not? And if it exists, and no party has either confirmed nor denied the tapes existence and if there is no real legal action AGAINST posting the video in the first place: