Queerty got an email this afternoon from Jake’s law firm, asking that we remove the (probably fake) photo of him in his undies. We’re keeping the photo up, since it hasn’t been proven fake and because their letter bumped it from “funny and cute” to “actually newsworthy.”
“Your publication of this fake photo violates many legal rights of our client by, among other things, defaming him,” says Jake’s lawyer.
Oh, really? Defaming him? Well, we don’t like defaming anyone. You might even say that we are gays and lesbians allied against defamation.
But what exactly is the defamation here? Is is that people might think, wrongly, that Jake wears underpants? Or that his reputation is sullied by the idea that he allowed someone to photograph him without pants on? Or that he stayed in what looks like a cheap motel?
Simply calling something defamation doesn’t make it so, as Howard Stern learned in 2009 when he tried — and failed — to sue someone for suggesting that he’s gay. Is that what’s going on here?
Jake’s a public figure, and we can talk about him if we want to. We can even speculate about what he looks like in his underwear. We can’t — and won’t — claim that this picture of him is definitely authentic, since we just don’t know. (A lot of people seem to claim that it isn’t, but internet-photoshop-experts are about as reliable as internet-lawyers.)
In any case, if Jake wants us to take down a fake photograph of him in his underwear, all he has to do is provide us with a real photo and we’ll gladly post that one instead.
After the jump: read the lawyers’ letter.
Ladies and Gentlemen:
Our law firm represents Jake Gyllenhaal. Your website has published a picture which purports to be a photo of our client in underwear imitating an album cover pose of singer Grace Jones. In fact, as anyone could tell from a cursory examination, this is a fake picture, in which our client’s head has been pasted on the body of another person. A number of websites have already taken the photo down in response to our request, and most of the remaining references to it on the web acknowledge that it is a fake. The photograph in question can be found at https://www.queerty.com/when-jake-gyllenhaal-poses-in-his-briefs-like-grace-jones-we-all-win-20110517/
Your publication of this fake photo violates many legal rights of our client by, among other things, defaming him, portraying him in a false light, violating his right of publicity and constituting a false designation of origin in violation of the Lanham Act. Demand is hereby made for immediate removal of the fake picture.
If you fail to immediately remove the fake picture, our client will take such action as he may deem appropriate to protect his rights, which may include, without limitation, an action against your company for actual and punitive damages and injunctive relief.
This letter is not intended and should not be construed as a complete statement of all relevant facts or a release, waiver or relinquishment of any right or remedy, all of which are reserved.
Bloom Hergott Diemer Rosenthal LaViolette Feldman Schenkman & Goodman, LLP
150 S. Rodeo Dr.
Beverly Hills, CA 90212
Phone (310) 859-6839
Fax (310) 860-6839
Cell (310) 386-3553
Email [email protected]
I’m reminded of the phrase: whoever smelt it, dealt it.
In other words, he that doth protest too much has something to hide.
That is so stupid. If it’s fake it’s even more defensible because it’s clearly humorous.
I think it is awful that you gay folks can say anything and everything is offensive to you but yet you can be offensive to anyone you want. It’s rude and it also applies a double standard. Take the photo down and leave Jake alone. Anyone with any common sense can see that the photo is a fake. Grow Up!
Fuck Jake Gyllenhaal’s stupid gay ass!
@Whatever: I think it’s awful that you straight folks can… wait, that framing of the issue is totally dumb and irrelevant. Nevermind.
Jesus. I wouldn’t want to be the phone operator at Bloom Hergott Diemer Rosenthal LaViolette Feldman Schenkman & Goodman, LLP!
@Whatever: Given the amount of CRAP (i.e violence, hatred, denial of rights, etc. etc.) we have had to take from you straight assholes, I think a little gossip and a fake photo is hardly worth mentioning. Get over it. The double standard is you thinking you can take a group of people’s rights away and then expect them to help you do it by being silent. Get stuffed, loser.
@Whatever!: Way to generalize millions of people based off of one blog. Also, how is this offensive!? That they refused to remove a picture of Jake Gyllenhaal? There’s nothing sexual about the photo.
Jack E. Jett
I would hate to be the receptiionist at this law firm.
Lawyers get paid by the hour. Good way to rack up some fees.
head was photo-shopped onto body… look at difference in skin tone from head & front of neck to rest of body.
@Whatever!: Gay folks? How do you think you have the right to make a blanket statement about ALL of us like that? Thats just wrong period. Saddening also that Jake would be upset about this I thought he was a strong LGBT supporter and loved and cared about his gay fans.Not sure what to think now.
Furthermore any straight male who claims that them being called gay is an INSULT? Thats beyond hateful and cold same thing as giving US a backhanded insult for being what we were meant to be.I am beginning to believe that there are different kinds of homophobes not just one specific type.
Furthermore kindly tell YOUR straight brethren to stop persecuting threatening and bashing us for being what we cant help being in the first place.Your comment was hypocritical lets be realistic here.
I assumed the photo was fake when I first saw it; if it is though, that makes this response particularly strange. Obviously, he’s already been photoshopped in much more explicit pictures. I’m not sure why this one would provoke such a response.
If there’s a greater backstory to this, I can’t wait for it to come out.
“I thought he was a strong LGBT supporter”
Jake Gyllenhaal never supported any LGBT issue in any way.
By the way – it was Howard K. Stern – not talk shot host Howard Stern. Two very different people in many respects. Especially since the real Howard Stern is a huge backer of gay & lesbian rights it is almost a bit shameful that you decided to link to an article with a glaring and rather obvious ommission. One that I would not be surprised Queerty did on purpose with their shoddy and controversy for controversy sake type of reporting.
The more than obvious conclusion is that this is a real photo and Jake is ashamed that gay eyes are seeing it. Remember that he is a homophobe and has never been a GLBT ally. He tried to distance himself as much as possible from Brokeback Mountain after the controversy.
I really and sincerely hope your “publication” is sued out of existence very soon.
@TheRealAdam: Er, you are reaching. His lawyers sent the same letter to buzzfeed.com and that is not a gay site.
I feel violated by those socks
If it’s a fake picture I think leaving it up is juvenile and unprofessional. I agree with other posters saying if you complain about other people not respecting your own rights you should respect others. It’s embarrassing that you want to be a recognized source for gay news, that following the site almost going down you felt this was important, and now…your all about this attitude. This makes me embarrassed for Queerty.
“I think it is awful that you gay folks can say anything and everything is offensive to you but yet you can be offensive to anyone you want. It’s rude and it also applies a double standard. Take the photo down and leave Jake alone. Anyone with any common sense can see that the photo is a fake.”
Oh yes, you’re right, how terrible it is. People telling us that we cannot have any legal rights, will burn in hell, and trying to pass laws to jail us is EXACTLY the same as putting up a photo of somebody who makes his living by continually manufacturing and releasing photos, images, and movies of himself.
You are so smart.
@Whatever!: YOOU ARE A DORK!
@Ryan: You can bet that Jake Gyllenhaal won’t ever demand from Queerty to take down his photos where he fakes heterosexuality with one of his beards.
I agree! I’d rather see him in a thong!!! 😀
Queerty was not the only site to post this pic. It was not the only site to receive this letter. Many of the sites weren’t even gay-themed. So we’re jumping to conclusions by assuming Jake J. wants it down so people won’t think he is gay. I think he just wants the image gone from the internet, which, of course, is impossible…
“So we’re jumping to conclusions by assuming Jake J. wants it down so people won’t think he is gay.”
What other reason could be there from a closeted actor?
He hates the socks?
Wow, the NEW Queerty sure has become a cutting edge journalistic site!!!! Stand up to the mean law firm representing the gay friendly and hot closeted actor boy regarding a picture that only Hellen Keller wouldn’t recognize as being photo-shopped.
SHAME SHAME SHAME ! ! ! !
I’m not sure I understand why people are freaking out about this. Specifically point out what about this picture is insulting.
Oh I thought he was FOR gay marriage.My mistake now im confused cant tell whether hes for or against us now.This sucks! 🙁
Still ignoring the Howard K. STern omission, queerty? Not surprising coming from a publication that so freely uses the word fag/faggot yet mocks gay supporters like Charles Barkley by purposely using a misleading headline. Thanks for setting our movement back, Queerty.
It’s a yoga stretch….nothing wrong with that!….
I can’t believe they sent you a letter.
All I can think of when I see this picture is that I really should go back to doing yoga. My posture is shocking, and as for my balance…
How does Jake being upset about this photo being up on this site and all the other sites make him any less of an LGBT supporter? Please do explain because I don’t follow your logic. The photo is ridiculous and potentially harmful to his career if it were to actually be taken seriously. So of course he has to fight it. There is nothing homophobic or ill-willed about protecting your image and dignity. If the creators of this site had any integrity they would take the photo down and do what is right.
What the hell are you talking about?
How is this photo potentially harmful to his career? Even if it was taken seriously? It’s a picture of him in his underwear.
His publicist says it’s not even him, and some agree it’s a fake, so what exactly should he be worried about?
More fuel to the fire of those gay rumors????
Jake has been a “gay” icon ever since he starred in “Brokeback Mountain” with Heath Ledger. If this photo is real then it’s his fault for allowing the picture to be taken int the first place and when he found out about it he should have demanded whoever took it delete it.
This is what happens when your a celebrity. Nothing and noone is private anymore. Suck it up Jake or laugh it off and take it as a complament.. Either way, you should be used to this by now…
So if the photo is fake, then aren’t they already ‘leaving Jake alone’, Chris Crock(fullofshit)er?
Yes, it’s called ‘royal dancer’. Much closer to that than an imitation of the Grace Jones cover. His torso is twisted the wrong way. Just sayin’… 😉
@Michael: Thank God someone clarified the point that the radio host Howard Stern never sued over that. It was Howard K. Stern from the Anna Nicole Smith scandal. Someone needs to fix this article ASAP because Michael is right, Howard Stern is a HUGE gay rights activist since the early 80’s, not just now that its trendy.
In a profession where your reputation is everything, a photo circulating in the public, which depicts you letting yourself be photographed in your underwear, while possibly wasted in a hotel room is unprofessional and will hurt your career. It shows that you don’t take yourself seriously and that you may possibly become a liability in the future. Producers might think twice before investing in you for future projects. If you don’t understand that…well then, I cannot help you.
I don’t think YOU understand. He works in Hollywood. A picture in his underwear isn’t going “to hurt his reputation.” This town is full of people who continue their careers despite sex tapes, drug convictions, domestic abuse and assault.
This picture isn’t going to hurt him. His choice to Prince of Persia hurt him more than 500 pictures of him in his underwear ever would.
His fans aren’t bothered by this photo, and there isn’t some scandal/media firestorm surrounding the photo, so how is career going to be harmed? The picture went viral and people are talking about it, but that’s it. The only people who really seem bothered by it are Jake’s handlers and that’s there problem. Not mine, and certainly not Queerty’s.
@Whatever!: I am gay and completely agree with you. It’s shit like this that turns these gay people into whiny children. “Oh we must see people in their underwear” is they way they whine.
Thats photoshop. That body is too short to be his that body looks a little deformed
@JR: yes indeed. probably just “law firm, how may i direct your call?” jeezuz
Such a fancy law firm. Apparently they can’t even afford to pay some college kid a few bucks to set up a small WordPress site. All they have is a “coming soon” placeholder page.
I think it’s a cute picture of one of my favorite actors. If it’s a fake, it’s a fucking good one 😉 Jake (and everyone else frothing over this non-issue) needs to unlax a bit!
ha. I support Queerty on publishing this picture. Free speech, and a picture that is already all over the internet.
Sincerely, a friendly libertarian.
@Indigo: He who smelt it dealt it, so stuff that, Nelly.
WHAT?! He actually wears underwear! (gasp!) that is SO offensive to me, take it down right now! Taaaake it down! Waaaaaaah! What a bunch of crybabies there are posting here. Seriously, what a nest of whiners. How do some of you live with yourselves and all this obnoxious whining you emit?How have some of you big sobbing babies escaped being beaten to pieces on the playground in your childhoods? Waaaaaaaaaaahhhhh, we are so oppressed and abused, and this photo of a guy in his underwear just proves that! STFU until you get a real problem, crybabies.
@JR: for numerous reasons, you would not want to be the receptionist. Ugh.
I thought the comments herein were related to what posters think about the photo although I’m reading back and forth bashing between angry homophobics and defensive gay/lesbians. What is the point in that? Let everyone be what they want to be and stop judging and fighting. Focus your energies in a more positive direction and you may even become a happier person. Peace out.
@Marcus: It’s not up to you to decide what Jake should be worried about. He’s the one with the career, and who’s head has been pasted onto someone else’s stunted body, not you. I don’t get all of the mean spiritedness; if I ever posted a picture of someone that made them feel uncomfortable, I would remove it immediately.
I was just giving an opinion. Jake can be worried about whatever he wants–he can be worried for the next twenty years…that picture isn’t going anywhere. You, Jake and his lawyer need to really understand that. He’s uncomfortable, then fine, don’t look at it, but his lawyer is a fool if he thinks sending letters to websites is going to solve anything.
@Marcus: That’s your decision, but I noticed all throughout this thread that gays were wondering if Jake still supported them. If you, as gays can’t show consideration and respect to a hetero, don’t expect it in return. I can guarantee you that if the sucky way the gays have spoken about and treated Jake is the norm, your progress will be just that much slower. I am frankly disgusted with the way many gays on this forum have acted; I can assure you that I have never in my life treated a gay person in this manner and I will not be returning to this site. I understand your bitterness but you are exacerbating and perpetuating the war AND IT WILL BE YOUR LOSS.
Although I can’t say for sure one way or the other, the lawyer’s letter appears to be fake!
@Steven: The letter isn’t fake, you’ll have to think of some other way to support Jake Silly Asshole Gyllenhaal.
@Kathy B: First, why on earth did you actually sign up for an account just to tell us you’re never coming to this site again?
Secondly, your repeated use of “gays” as an umbrella pronoun betrays your prejudices. You think we’re all the same. We don’t need allies like that. We certainly don’t need allies who think some silly bullshit over a photoshopped picture is “perpetuating the war.” I mean… really?
Go fuck yourself.
Photo is real, and im sure the subject does not want it to get out, as its probably taken by his lover, as they often stay together on movie locations.
photoflash on head to body ratio
background defused shadow is consistent , (hard to create in recreate in photoshop) especially above and around crown of head, showing person that took picture was about the same height as subject.
Grain definition is evenly placed throughout natural environment of subject that photo was taken off. This is impossible to duplicate cause each camera or picture has different grain definitions. The head had to be either taken that same night in the same location, then photoshopped onto the body. Or the photo is real.
Hence the legal “strong-arming” tactics
would not be surprised is jake was not behind this photo himself, he has desired to disclose his sexuality for a very long time, but his POWERFUL agent(s) will not allow him under legal action.
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