Just in case anyone had any doubt, even Gene Simmons' lawyers are admitting it: that is, indeed, big Gene working his little genie in that sex-vid that's causing such a sensation on the Internet.
According to the cease-and-desist letters that are being sent to anyone who has dared post the video on the internet, the guy with the penis in the video is, in fact, Gene, and he has not given permission for this particular sex-performance to be broadcast (webcast, whatevs):
“The video in question was surreptitiously filmed without Mr. Simmons’ knowledge by a woman named Traci Anna Koval. To the the extent that Ms. Koval ever claimed to have any interest in
the video, which is both disputed and inconceivable, given its
surreptitious filming, such rights were acquired by our client Allied
Industry in 2003, pursuant to a written assignment and release
agreement in which Ms. Koval assigned all of her interest in the video
to Allied Industry, including the copyright, represented and warranted
that no additional copies would be exploited or distributed and
expressly consented to injunctive relief.”
So there you have it. The video was filmed surreptitiously, without Mr. Simmons' knowledge. Which means, yes, that he was there, but just didn't know, at the time, that he was being filmed. Once he did know, he acquired rights over copy and distribution. Translation: HIS TAPE, in all manners of speaking.
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