© COPYRIGHT INFRINGEMENT at it's worst...

[A_DeAngelo]

OK…so explain this one to me…

With all of this talk about © this and © that, and BareBack this and BareBack that...

We recently discovered, yet another member of this community, who has been using our BOX COVER IMAGES without our permission on their site, to promote what...

I wish I knew what…

they DON'T SELL BareBack titles and are public about their position on BareBack

Go figure…and worse yet, the images are all accompanied by a tag line that reads "the DVD is NO LONGER AVAILABLE..." as if they carried at one time, or worse yet, we're out of copies or....God knows what...

(this holds true for other BareBack producers as well...)

Yeah right…this, my friends, is not a form of flattery but a very clever way in which to attract traffic to their store…

This is bull shit!

BaDaBing!

[A_DeAngelo]

There is no question that Gay BareBack Videos are soaring to the top of sales in the industry. Because of this, people who choose, are jumping on the bandwagon and deepening their pockets with profits from AEBN feeds, sales of product in brick and mortar stores, and even from promoting the adversarial point of view on the topic by standing on the public soap box and gaining free pr for their points of view, ad nauseum.

Whether you agree with the issues revolving around this genre or not, it is total hypocrisy to lambaste the studios who produce Gay BareBack Videos while featuring these titles in their stores and for purposes of attracting customers.

This classic "bait and switch" method of sales is apparent in BijouWorld, where our titles sit along side titles from other producers' such as Hot Desert Knights and SX Video.

BijouWorld's policy is to exclude "BareBack" titles from their site.

We have asked that our box cover images and all reference to our company name, ZyloCo, Inc. and, all related products, be purged from their system.

We have never given BijouWorld.com the permission, written, verbal or otherwise to represent and republish our box cover images. Andm in spite of the caption for each of our titles that reads "DVD is no longer available" our DVDs have never been available on their site however, are readily available in the market.

When asking BijouWorld to remove our titles, I received the following response from the company, "…thanks, Tony for checking out our website! It's the policy of Bijou World to not distribute bareback titles…."

To us, this is either beyond oversight or, a very smart attempt to sand trap traffic in their store.

All but ONE video in our library contains the word BAREBACK in the title…go figure…

We are aware of others in the industry doing the same to attract traffic…

Tony&Cam are not at all happy about this situation!

Just thought that everybody should know.

Here's a short list of addresses:

http://www.bijouworld.com/app/sites/...px?objid=23980

http://www.bijouworld.com/app/sites/...px?objid=23979

http://www.bijouworld.com/app/sites/...px?objid=23972

http://www.bijouworld.com/app/sites/...px?objid=23962

http://www.bijouworld.com/app/sites/...px?objid=84056

http://www.bijouworld.com/app/sites/...25&ObjID=14745

http://www.bijouworld.com/app/sites/...t&query=zyloco

http://www.bijouworld.com/App/sites/...px?objid=24269

[A_DeAngelo]

I find the lack of response most interesting...

[SLS]

I don't understand why use the copyrighted images, why not just a stock "not available" graphic in their place? I can see the motive for doing this even if it's rude, but that is definately too much. I'm sure they'll be gone soon though, at least from this one store.

[randysummers8]

I think the bottom line is, if your company, organization, web site, etc is going to make it a point for your opinion and views on barebacking, bareback videos and performers who have appeared in bareback videos be known, then, you should have no bareback videos for sale on your site. Even if they just listed the title, but said no longer available, what are they trying to prove? If they are going to be anti-barebacking and anti bareback videos, then they shoul do it and live up to their views 100 %. But dont say one thing and do another. Because eventually the truth comes out

[A_DeAngelo]

...you should have no bareback videos for sale on your site. Even if they just listed the title, but said no longer available, what are they trying to prove? If they are going to be anti-barebacking and anti bareback videos, then they shoul do it and live up to their views 100 %. But dont say one thing and do another. Because eventually the truth comes out

Yeah Randy:

They got caught with their hands in the honey pot...we call it Copyright Infringement and Trade Libel...

Just follow the crumbs, they lead to a big, fat, "no longer available..."

They are all hiding and don't respond and have obviously made no attempt in the last 24 hours to do anything to even apologize to us for their horrific mistake!

I guess they are in their war room planning damage control...

[hdkbill]

Whether you agree with the issues revolving around this genre or not, it is total hypocrisy to lambaste the studios who produce Gay BareBack Videos while featuring these titles in their stores and for purposes of attracting customers.

This classic "bait and switch" method of sales is apparent in BijouWorld, where our titles sit along side titles from other producers' such as Hot Desert Knights and SX Video.

BijouWorld's policy is to exclude "BareBack" titles from their site.

We have asked that our box cover images and all reference to our company name, ZyloCo, Inc. and, all related products, be purged from their system.

We have never given BijouWorld.com the permission, written, verbal or otherwise to represent and republish our box cover images. Andm in spite of the caption for each of our titles that reads "DVD is no longer available" our DVDs have never been available on their site however, are readily available in the market.

When asking BijouWorld to remove our titles, I received the following response from the company, "…thanks, Tony for checking out our website! It's the policy of Bijou World to not distribute bareback titles…."

To us, this is either beyond oversight or, a very smart attempt to sand trap traffic in their store.

All but ONE video in our library contains the word BAREBACK in the title…go figure…

We are aware of others in the industry doing the same to attract traffic…

Tony&Cam are not at all happy about this situation!

Tony,

You raise a good point. We just checked Bijou World also and find that they have a large of number of our titles posted on their website.

It is a bit confusing why, a company who publicly and in these forums, condem barebacking have reviews of your titles and ours on their website.
And, in the reviews they state "No longer Available in VHS" or "No longer Available in DVD".

Other than they are trying to drive traffic to their site using the word bareback and then using our titles, I can't think of any of reason why they would condemn us publicly and then place our boxcovers and reviews of our films on their website. Does sound a bit fishy.

If Ken Ballard, Chief Editor of Bijou World is reading this thread I would caution him about not only the hyprocrisy of such actions, but would also ask why he believes that Bijou World believes the have the right to take copyrighted photos of other studios and place them on their site without at least asking permission of the legal copyright holder while at the same time condemning these films publicly.

Bill

[hdkbill]

I think the bottom line is, if your company, organization, web site, etc is going to make it a point for your opinion and views on barebacking, bareback videos and performers who have appeared in bareback videos be known, then, you should have no bareback videos for sale on your site. Even if they just listed the title, but said no longer available, what are they trying to prove? If they are going to be anti-barebacking and anti bareback videos, then they shoul do it and live up to their views 100 %. But dont say one thing and do another. Because eventually the truth comes out

Randy, yeah, it does sound a bit hypocritical doesn't it. I think Tony is right, "they got caught with their hands in the honey pot".

We've also just sent a Cease and Demand letter and Notice of Copyright Infringement with a 24 hour response period. At that point, if not removed, the attorneys will get to earn their money.

Bill

[A_DeAngelo]

Hey Bill:

Maybe we should get SX on the team and go for a class action suit.

I don't know anyone at SX anymore, maybe you could pass the info along to them...we found plenty of their titles and other BareBack titles as well.

[randysummers8]

I took at look at their site again. I did a search for my name and about a dozen movies that I appear in came up. There were the 2 I did for Zyloco(BLUE COLLAR BAREBACK and BAREBACK ALLEY) and the one I did for Bruno Ricelli at Oh Man Studios(HOLLYWOOD RAW). If you do a google search for my name, several pages with sites come up where you can buy or view by videos. Bijou World is one of them. Unfortunately my fans(as will many others) go to this site, hoping to buy BAREBACK ALLEY; BLUE COLLAR BAREBACK or HOLLYWOOD RAW and will be told they are no longer available. What are they trying to accomplish by doing this?

[basschick]

i think they are trying to get tons of traffic - after all, some of the surfers will buy something else while they're there.

I took at look at their site again. I did a search for my name and about a dozen movies that I appear in came up. There were the 2 I did for Zyloco(BLUE COLLAR BAREBACK and BAREBACK ALLEY) and the one I did for Bruno Ricelli at Oh Man Studios(HOLLYWOOD RAW). If you do a google search for my name, several pages with sites come up where you can buy or view by videos. Bijou World is one of them. Unfortunately my fans(as will many others) go to this site, hoping to buy BAREBACK ALLEY; BLUE COLLAR BAREBACK or HOLLYWOOD RAW and will be told they are no longer available. What are they trying to accomplish by doing this?

[randysummers8]

Exactly! That is my point! Get the traffic to the site, what they want isn't available, but once there, the customer will buy something else. Sounds like the old Macy's and Gimbels trick! (Not that I remember Gimbels, just only from that movie!)

[hdkbill]

Exactly! That is my point! Get the traffic to the site, what they want isn't available, but once there, the customer will buy something else. Sounds like the old Macy's and Gimbels trick! (Not that I remember Gimbels, just only from that movie!)

Or, perhaps by saying "NO LONGER AVAILABLE ON VHS OR DVD" they are insinuating that we have gone out of business?????? Gee, I suspect good attorneys in California would love to prove that in court...in addition to the copyright infringement they may be able to make a good case for interference of business. After all, all of these films are in fact still available.

Bill

[A_DeAngelo]

Or, perhaps by saying "NO LONGER AVAILABLE ON VHS OR DVD" they are insinuating that we have gone out of business??????....
Bill

Yes, exactly Bill, this is the point our attorney has brought up.

In legal jargon, its simply called TRADE LIBEL...

Like I said, I think we've uncovered something here, the tip of the iceberg so to speek. And, with global warming, the ramifications are significant!

[BijouWorld]

There have been a lot of comments and tempers flaring...I am saddened to see that occurring in our own community. There was not a lack of response to private messages on my part; however I clarified with those inquiring with me that I needed to chat with our President, Steven Toushin, regarding the history of our policy and his position on your comments.

In response to this discussion, Steven has written the following:

Dear Mr. DeAngelo, Mr. Gardner, and Members of the Gay Adult Industry:

I am very concerned that you have made a slanderous accusation that Bijou World violated your copyright. Bijou World has never violated your ownership or copyright. We have never reproduced or pirated your films. All films when sold were bought directly from you, for which invoices are on file. To publicly make such a remark is irresponsible and damaging to Bijou World’s reputation.

Zyloco and Hot Desert Knights films are sold on the commercial market and are part of the history the gay film industry. At Bijou World, we sell and catalog and review as many gay films as possible that were made since 1970. From 1982 up through 1995, Bijou World had printed the Bijou Catalog (colloquially known as “The Gay Bible”). Now all those reviews and more are on our website, not including Studio introductions (which were in the printed catalog) which will be added soon with articles on the history and evolution of gay adult films.

With your slanderous accusations of copyright infringement, you are attempting to restrict our First Amendment right of free speech. You have put your films on the market in competition with all other films. We have reviewed some of your films like we do all others. There is nothing in our reviews that violates your copyright. Our primary purpose is to research, restore, and preserve gay sexuality and history. As a colleague in the Industry commented regarding your inflammatory comments towards us, “[Bijou World has] every right to use his box-cover artwork as ‘fair use’ because of your role as an informational database.”

Lastly, obviously you know nothing about what is involved in a federal lawsuit and what your liabilities are if the suit is unwarranted. The complaint will be filed, to which there will be an answer, then a battle to determine jurisdiction, followed by more motions leading up to depositions. Up to this point, your costs will run between $15,000 and $30,000. Do you have the money, when proven wrong, to pay for my attorney’s fee’s and damages for bringing an unwarranted, slanderous lawsuit?

Life is not so cut-and-dry and one-sided. This is why, in the past, those in our Industry behaved as gentlemen and ladies and rarely involved the courts. We would find ways to resolve our disputes amongst ourselves.

Do what you must; we will do what we must: that is continuing to document and catalog our history with honor and respect.

Sincerely Yours,

Steven Toushin
President
Bijou World