Does This Count As Swimwear?

I don't know about you guys, but when it comes to swimwear - less is more!  I don't like board shorts!  So, as I was surfing around the Internet tonight, I came across the item pictured below - categorized on a great and very familiar vendor site - International Jock - as "swimwear."

The item is made by True Religion.  I should say at the outset that I do not own a pair of these and don't know anyone who does.  I generally don't like to talk down about a local California company.  In fact, it is quite possible they are the most fabulous denim shorts that ever have been or ever will be...but swimwear???  I mean, the guy in the pic would probably look good with a wet washcloth on his head and a moo moo (ok, maybe that's a stretch), but this just seems to me to be a denim version of board shorts. 

In my opinion, unless you are a surfer dude, enough with the board shorts!  Even if these are just meant to be shorts, they aren't, well, very "short."  I could certainly get into something more along the lines of this:

But, I leave it to you guys...What do you think?  Would you classify True Religion's denim shorts as "swimwear?"  Mis-categorized, maybe?  You be the judge...