Internet

Wrapping it up

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› tredmond@sfbg.com

The Guardian went to press this week without a jury verdict in our lawsuit against the SF Weekly.

As of the morning of March 4, the jury had been deliberating more than two days and was still behind closed doors in Superior Court. Any updates will be posted to www.sfbg.com.

The jurors have to answer a series of questions to reach a decision in the case, which alleges a violation of the state’s Unfair Practices Act. First they have to decide if the Weekly sold ads below cost. Then they have to determine whether that was done to injure a competitor (us) and whether the below-cost sales were a substantial factor in actually causing the Guardian harm. Only at that point would the jurors begin discussing damages.

The fact that the panel is still talking after more than 10 hours means it’s likely they answered yes to the first question and possibly the second or third — if those answers had been no, the case would have been over.

But trial lawyers all agree that it’s always a mistake to try to predict the outcome of jury deliberations. The trial has been going on for more than four weeks, with detailed and sharply conflicting testimony on the behavior, intent, and financial status of the city’s two alternative weekly newspapers.

The Guardian argued that the Weekly, owned by the Phoenix-based chain Village Voice Media (VVM; formerly known as New Times), has since at least 2001 engaged in a practice of selling ads for far less than the cost of producing them in an attempt to damage the local, independent competitor. Testimony showed consistently that the chain-owned paper was indeed selling below cost. In fact, the Weekly has lost money for the past 12 years, and the chain has shipped $13 million to San Francisco to prop up the paper and allow it to continue below-cost selling, testimony showed.

Three witnesses testified that they had heard Mike Lacey, one of the two principals of VVM, announce when the chain bought the Weekly in 1995 that he intended to put the Guardian out of business.

But the Weekly‘s lawyers argued that Lacey was just engaging in hyperbole, and that there was never a predatory intent. In fact, they argued, any financial0 losses the Guardian had seen were the result of a weak economy and competition from the Internet.

The Guardian‘s expert accounting witness, Clifford Kupperberg, conducted a study showing that the local paper had lost money to the Weekly‘s price-cutting. In 90 percent of the sample accounts he studied, the Weekly had sold ads below cost — and two-thirds of those were associated with the Guardian either losing a customer or having to cut its rates.

The Weekly brought out $1,075-per-hour Harvard economist Joseph Kalt to argue that it would be economically irrational for the Weekly to try to put the Guardian out of business. But the Guardian‘s business expert, Bill Johnson, publisher of the Palo Alto Weekly, said that VVM was behaving just the way many big chains do: it was cutting rates to seize as much market share as possible with the aim of undermining a competitor.

Kupperberg put the damages at between $5 million and $11 million. The Weekly‘s expert, Everett Harry, tried to belittle those claims, but in the process he gave the jury some misleading charts that completely misinterpreted Kupperberg’s work.

Even if the jury awards only modest damages, the Guardian can ask Judge Marla Miller to issue an injunction barring the Weekly from continuing to sell ads below cost.

Big finish

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› tredmond@sfbg.com

After more than three weeks of testimony, a series of expert witnesses, reams of documents entered into evidence, and some stunning admissions on the part of the nation’s largest alternative newspaper chain, the Guardian‘s lawsuit against the SF Weekly is headed for the jury just as this issue hits the streets.

The outcome could impact the future of the alternative press.

The Guardian is charging the Weekly and its corporate owner, Village Voice Media, with predatory pricing, arguing that the Weekly for many years sold ads below cost with the intent of harming the locally owned competitor. That would be a violation of the California Unfair Practices Act.

The Weekly‘s last few witnesses were slated to take the stand Feb. 26 and closing arguments are set for Feb. 27, when Judge Marla Miller told the jury that it will probably begin deliberating.

The daily newspapers and the mainstream media in general have ignored the case. "That’s a shame," Mark Fitzgerald, a columnist for the trade magazine Editor and Publisher, wrote in a Feb. 24 piece that called the trial "sometimes raucous."

In fact, it’s been fascinating, and the jurors have seen some remarkable evidence. Since the chain, then known as New Times, bought the Weekly in 1995, the evidence has shown that the paper has never once made a profit. In fact, the corporation has had to ship in $13 million from its Phoenix headquarters to keep the Weekly afloat.

Several top executives, including two former Weekly publishers, Troy Larkin and Chris Keating, have admitted under oath that the Weekly was selling ads below cost. The Guardian‘s financial expert, accountant Clifford Kupperberg, has presented evidence that the Weekly sold ads below cost as much as 90 percent of the time and that the predatory practices have cost the Guardian between $5 million and $11 million.

On Feb. 22, Everett Harry, an expert witness hired by the Weekly, as much as admitted the same thing, presenting a series of charts that showed consistent below-cost sales.

The Weekly‘s lawyers are arguing that the 16-paper chain and its senior management never intended to harm the Guardian. Any financial setbacks the Guardian has suffered were due entirely to the dot-com bust, the post 9/11 recession, and the rise of Internet advertising, they say.

They also say that the Weekly and the Guardian have so many competitors in the San Francisco market that it would be foolish for VVM to try to damage a single competing newspaper.

But three witnesses have come forward to testify that Mike Lacey, one of the two principal owners of Village Voice Media, specifically vowed to put the Guardian out of business when he took over the Weekly. Memos from Weekly publishers to the bosses in Phoenix refer to the Guardian as the only significant competitor and discuss how the Weekly can take ads away from the Guardian.

In some memos, Weekly executives talk of how well they are doing in San Francisco, even as the Weekly was losing more than $1 million a year. The clear implication: the Weekly publishers weren’t being judged on how much money they made, but on how effectively they’ve tried to cripple the Guardian.

The jury will have to find that the Weekly sold below cost, that it did so to harm the Guardian, and that the Weekly‘s behavior played a significant role in causing the Guardian financial harm. The panel can then award damages.

Alternative papers around the country, particularly independents, are watching the trial closely. If the Guardian wins, the jury verdict could send a signal to big publishing outfits in California and in the 20 other states with similar antitrust laws that below-cost selling and attempts at market domination could be risky business.

The case closes

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I’ll start with a correction: I wrote last week that Cleveland and San Francisco were the only two cities where the chain that owns the SF Weekly faces direct competition from another alternative paper.

Actually, Village Voice Media, which used to be called New Times, owns the Seattle Weekly. The Stranger, owned by Tim Keck, competes directly against the Weekly.

And the LA Weekly, also a VVM paper, competes against the much smaller Los Angeles City Beat.

My point – and the point that we brought up in trial – was that VVM does very well in markets where there is no direct, head-to-head competition from another alternative paper of the same size and market share, but does badly when it faces real competition. I’m not the only one who thinks this; allow me to quote a Jan 27, 2003 filing by the U.S. Department of Justice, which had accused New Times and VVM, which were still separate companies, of conspiring to kill competition in two cities.

“In markets where they faced no direct alternative newsweekly competitor,” the federal complaint reads, “both defendants had double-digit annual profit margins. However, in Cleveland and Los Angeles … their profit margins were pinched.”

So I think that’s pretty clear.

The bigger story, of course, is that testimony ended today in the Guardian’s predatory-pricing case against the SF Weekly and its corporate parent. Judge Marla Miller has set closing arguments for Thursday morning. Then the case, which has been pending since 2004, will finally go to a jury.

The Weekly’s lawyers pulled a weird move at the very end of the trial, recalling Guardian publisher Bruce Brugmann to the witness stand and asking him a question that had almost nothing to do with the issues at hand. Brugmann had testified early in the trial, and on cross-examination, he was asked if he knew that the San Francisco Chronicle had lost some $300 million over the past few years.

No, Bruce said; Hearst Corp, which owns the Chron, is a privately held corporation and nobody’s sure exactly what the numbers are.

This time around, Weekly lawyer H. Sinclair Kerr pulled out a Guardian story from a year ago that reported on court records showing a $330 million Chronicle loss. I guess the implication was the Bruce didn’t remember what was in his own paper (frankly, I didn’t remember the exact figure either; I review almost every one of the hundreds of news stories we run every year, but I can’t swear to recall every detail of every single one).

Bruce’s response: Sure, we reported on the best figures we could find. And the point was?

Of course, the Weekly is trying to argue that since some daily newspapers are losing money, it would be reasonable to expect any an alternative newspaper in San Francisco to lose money, too. And thus any financial hit the Guardian has taken over the past seven years is the fault of market conditions, not predatory pricing by a big Phoenix-based chain.

The final witness in the case – Bill Johnson, the publisher of the Palo Alto Weekly, called by the Guardian to rebut the Weekly’s financial experts – made a strong case that the whole “dailies-are-losing-money-so-the-weeklies-should-too” line of argument is deeply flawed.

Johnson, whose company also owns the Pacific Sun and four community papers, testified that “there are big differences between the way market forces have affected dailies and non-daily papers.”

He pointed out that dailies have been hit much harder by the Internet: Before sites like Craiglist emerged, a large percentage of the revenue of daily papers came from classified ads, most of which have moved to the web. Weeklies were never as dependent as classified, he said.

Perhaps more important, much of the information that readers used to get from their morning daily paper – national and international news – can now be found just as easily on the web.

But papers like the Guardian still offer unique local content that can’t be found anywhere else. “Local papers have this connection with their local audience,” he explained. In fact, he said, “most non-daily publishers I know have done very well” during the past seven years, the time period the lawsuit covers.

He explained that the Palo Alto Weekly saw its display-ad revenues drop in 2002, but quickly rebounded. The dot-com bust and 9/11 had an impact, of course, he said, but after a year or so, “we held our ground and regained ground.” That was also true of his other Bay Area papers, Johnson said.

Johnson also discussed the Weekly’s theory that the San Francisco market is so full of media that the two alternative papers aren’t direct competitors in their own market. “Those two papers are looking for the same audience,” he said.

Johnson, who sat through the testimony of Harvard economist Joseph Kalt, completely dismissed the eminent professor’s theory that it would be irrational for the Weekly to try to damage the Guardian through below-cost selling. If one paper has deeper pockets and can drop its prices, it will gain market share. The smaller competitor will be forced to lower its prices, and both papers will start to lose money. But the paper with greater resources can continue to grow, showing advertisers that it’s becoming dominant in the market, and the paper with no source of outside capital won’t be able to keep up.

“It happens all the time,” Johnson said.

Kerr objected, and Judge Miller ordered that last remark stricken from the record.

Our expert, their expert

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Lawyers for the SF Weekly and its corporate parent tried mightily today to discredit the testimony of the Guardian’s expert on the damages caused by the chain’s predatory pricing in San Francisco.

It was a classic legal strategy: The Weekly lawyers tried to find flaws in Clifford Kupperberg’s detailed damage report, then brought in their own expert to argue that our expert was wrong.

But in the end, I didn’t see anything presented that undermined the Guardian’s basic argument: The Weekly’s below-cost sales damaged the local paper, and those damages were in the millions of dollars.

The crux of the attack on Kuppergberg’s data: The projections he showed for lost profits during 2001-2007, the period when the Guardian is charging the Weekly was selling ads below cost, exceeded the level of profits the paper had made in the previous few years.

Projecting damages in a case like this is an inexact science: You have to try to establish what would have happened if the illegal conduct hadn’t happened. Kupperberg used a series of different models to do that, and came up with damages of between $5 million and $11 million.

How, Weekly attorney Rod Kerr asked, could Kupperberg suggest that the Guardian would have made profits of well over 10 percent a year when the most the paper had earned in the previous decade was about 5 percent?

Well, Kupperberg noted, the 1990s were a period of rapid growth for the Guardian and the alternative press in general, and during periods of rapid growth, many companies re-invest profits in expanding their infrastructure. When a market starts to level off and mature, those investments pay off; that’s a period he called the “profit maximization level.”

So it wouldn’t be at all unreasonable to assume that, after spending money to expand in the 1990s, the Guardian might have been able to hold costs down and see real economic gains in the next decade.

The other point, of course, is that the Guardian’s owners, Bruce Brugmann and Jean Dibble, have never looked for high profits – all the money has been re-invested in the paper. So the money that the Guardian lost to SF Weekly’s predatory pricing might not have appeared on a balance sheet as “profit” – it might have appeared as higher expenses associated with improving the paper.

Kupperberg made another important point in his testimony: Ralph Alldredge, the Guardian’s lawyer, asked him directly: “Is there any doubt in your mind that the SF Weekly sold a significant percentage of its ads below cost during this period?”

“No,” said Kupperberg.

Then the Weekly brought in it’s expert, Everett Harry, who did the opposing-expert-witness thing and tried to say that Kupperberg’s figures were all wrong. His basic line was the same thing the Weekly has been retailing all along: The early part of this decade was marked by a recession, 9/11 and the rise of the Internet, all of which hit local newspapers and led to a decline in revenues.

But other weekly newspapers in the region (and weeklies all over the country) came out of the recession fairly quickly and saw revenues (from display ads, which are what this case is about) come back strongly. And between 2001 and 2007, there is no evidence that the Guardian lost any display ads to the Internet.

The San Francisco alternative weekly market was unlike markets anywhere else: One competitor, with $13 million in chain money to back it up, was systematically depressing the price of display ads. And the Guardian suffered damages as a result.

I have more when Harry finished his testimony and is cross-examined tomorrow.

Distracted Noise Pop: Magnetic Fields’ Stephin Merritt ducks the dog to chat longer

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By Alex Felsinger

Magnetic Fields leader Stephin Merritt – what a chatterbox. Read the rest of his interview here.

SFBG: I made the mistake of listening to the new album on some laptop speakers, so when I plugged in a nice pair of headphones, it was nice to hear all the layers underneath the distortion.

Stephin Merritt: I’m curious to hear about people who hear it for the first time under crummy Internet conditions.

Citizens vs. spies

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› news@sfbg.com

A Bay Area man and a San Francisco nonprofit are at the center of an epic, ongoing battle over privacy rights involving all three branches of the United States government. The outcome may determine the lines between national security and personal liberties in the 21st century.

The story begins in December 2005, when the New York Times exposed the George W. Bush administration as having illegally eavesdropped on US residents without required court warrants. The next month a former AT&T technician in San Francisco came forward with information about how that company (and Verizon and MCI, it was later learned) was gathering Internet and phone data from its customers and illegally routing it to servers controlled by the National Security Agency.

Mark Klein saw that a splitter was diverting the normal information traffic of domestic customers to a secret room at the AT&T Folsom Street plant. He knew that NSA people were around the company’s buildings as early as 2002, and it didn’t take him long to figure out what was going on. "It was obviously some big government hush-hush thing," Klein told the Guardian in a phone interview.

Klein realized he was not in a position to do much at the time, so he "made a note and moved on," he said. He also came across company documents spelling out the technical details of the operation, which his "fortuitous knowledge" allowed him to understand and explain. Klein stowed them away and kept them when he retired in May 2004.

Klein contacted the Electronic Frontier Foundation, a privacy-rights group, in January 2006 and became a key witness in a class action lawsuit filed by the organization on behalf of AT&T customers. Hepting v. AT&T was the first of nearly 40 cases filed by citizens in Northern California against telecommunications companies and the government. In June 2006 a federal judge denied a motion to dismiss the case on the grounds of state-secrets privileges. The government and AT&T appealed the decision to the 9th Circuit Court in San Francisco.

On August 15, 2007, EFF lawyers offered their opening arguments to a three-judge panel, urging it to allow AT&T customers to continue to fight against illegal spying on their Internet and telephone communications. In transcripts from this session, Judge Michael Hawkins surmises the matter: "As I understand, in this case what the plaintiffs are saying is that AT&T has provided telecommunications information about its subscribers to the government without a warrant."

This action runs afoul of the Foreign Intelligence Surveillance Act of 1978, which established a special court to issue warrants for government surveillance and which set standards to prevent abuse, although the court has rarely refused to issue warrants, which could even be obtained retroactively for emergency situations.

The Bush administration has sought to revise FISA for the post–Sept. 11 world, and a major component of this overhaul would be immunity for telecommunication companies that have served as dragnet information collectors for years. Government and AT&T lawyers argued before the judges that the data collection was in the interest of national security and that the industry giants were acting in good faith, so they cannot be held liable.

Reiterating this position, company spokesperson Walt Sharp wrote in an e-mail to the Guardian, "AT&T is fully committed to protecting our customers’ privacy. We do not comment on matters of national security."

A decision in the case is still pending, and according to Rebecca Jeschke, media relations coordinator for the EFF, "We have no idea when they’ll have a ruling for us. Delays for a year are not uncommon."

Meanwhile, Congress is debating whether to essentially legalize the actions of the Bush administration and the companies and is hashing out two conflicting piece of legislation. The Senate voted Feb. 12 to reject an effort to strip the immunity provisions from the FISA Amendments Act, opting to protect the companies from legal scrutiny.

The House of Representatives has its own surveillance measure, which would loosen up some FISA restrictions but not include the immunity provision. That legislation, House Resolution 3773, was passed in November 2007 by a 227–189 vote. The bills now head to a Senate-House conference committee, which will work out the discrepancies, if that’s possible. As Jeschke explained, "The two bills will become one law or no law."

Bush has repeatedly said he will veto any bill that does not include immunity, while hawks in Congress say national security will be compromised if the government has to gather information without corporate assistance. In a Feb. 15 press release, Speaker Nancy Pelosi rejected this assertion: "[The president] knows our intelligence agencies will be able to do all the wiretapping they need to do to protect the nation…. [He] should now work in a cooperative way with Congress to pass a strong FISA modernization bill that protects our nation’s security and the Constitution."

Pelosi spokesperson Drew Hammill told the Guardian, "Her position is that we have to make sure that this is consistent with the Constitution…. She is not in favor of immunity."

HR 3773 is "far from perfect," according to the EFF Web site, but it "provides far more congressional and judicial oversight of the Executive Branch’s domestic spying than the FAA."

Klein, the former AT&T technician, whistle-blower, and key witness, also became an unpaid lobbyist for EFF when he traveled to Washington DC in November 2006. He described the experience as "very tiring, exhausting," and said that over the four days, "we were much more successful in media coverage, but in terms of Congress, it didn’t do very much."

He concluded our interview with some foreboding words based on his experience. "This is more than about another bill," he said. "This is about fundamental constitutional issues, and many people are unaware."

Folked-up Noise Pop: Whispertown2000 harks back to Y2K handles

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By Alex Felsinger

Ridiculous nicknames were once reserved for football locker-rooms and saloons, but the Internet has given everyone the ability to bestow any embarrassing name they please upon themselves.

In the early days, Whispertown2000 actually went by Vagtown2000, and then thankfully realized their mistake within a year. But the real mystery here is that instead of starting with a clean slate, they decided to stick with the millennium-village theme and changed their moniker to Whispertown2000.

All ragging on their naming ability aside, founder Morgan Nagler’s vocal delivery evocates female folk vocalists like Mary Chapin Carpenter, but since their songs include either sparse acoustic guitar or low-key synth over mid-tempo drums, the band becomes more of an indie-rock version of Melissa Etheridge. (Felsinger)

Whispertown2000 plays with She and Him, Adam Stephens, and Emily Jane White. March 2, 8 p.m., $18-$20 (sold out). Great American Music Hall, 859 O’Farrell, SF.

MyZombieSpace

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› cheryl@sfbg.com

George A. Romero’s new movie, Diary of the Dead, isn’t really by Romero. It’s not even called Diary of the Dead. It’s actually called The Death of Death, and it’s by ambitious student filmmaker Jason (Joshua Close), who happens to already be shooting a horror movie when zombie o’ clock rolls around. At least that’s the conceit of Diary, a supposedly self-filmed tale that was completed long before Cloverfield stomped its way across New York City but will no doubt be seen as hooking onto that film’s monster success.

Jason and his film-school buddies — including his take-charge girlfriend, Debra (Michelle Morgan) — first learn about the zombie outbreak from a radio broadcast. As the film progresses (it’s a road movie, with much chugging down rural routes in a Winnebago), the kids remain connected to the outside world via television and, more important, the Internet, portrayed as the only reliable information source as chaos takes over and cell phones go dead.

While there are some juicy zombie scenes and a few crowd-pleasing moments (nobody who sees Diary will forget the Amish guy), the film is less concerned with glorious gore than, say, the 2004 Dawn of the Dead remake. Romero is known for making horror films "with an underlying thread of social satire" (just like Diary protagonist Jason), but here the thread is laid completely bare. Debra’s somber voice-over tends to overexplain, uh, everything; as in Cloverfield, none of the characters are particularly interesting or sympathetic, and the device of having the camera be part of the story rapidly becomes annoying.

Still, you gotta give the director props for his message, no matter how obviously he states it. Most horror films that try to make a statement stop at a vague pronouncement about the world being fucked. Romero’s smart enough to zero in on a particular problem — Internet-age information overload! — and incorporate it in a story that manages to implicate the viewer at the same time. If we’re witnessing The Death of Death, are we not the intended audience that kept Jason’s hand firmly on the record button even as his friends died around him?

DIARY OF THE DEAD

Opens Fri/15 in Bay Area theaters

www.myspace.com/diaryofthedead

Heyyy! Planet Unicorn 6!

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How long have I been waiting for this moment? Long enough to start fearing it would never come. But today my MySpace bulletins gave me the best belated Christmas present I could’ve hoped for: the next installment of Planet Unicorn (and yes, this one’s legit).

And while we’re on the subject of bizarre internet TV shows featuring talking unicorns, am I the only person who hasn’t seen Candy Mountain yet?

I’m waiting for some college kid to write a paper on how one “informs” the other. Hmmm?

Techsploitation: Information dystopia

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TECHSPLOITATION I was raised on the idea that the information age would usher in a democratic, communication-based utopia, but recently I was offered at least two object lessons in why that particular dream is a lie.

First, a dead surveillance satellite, one roughly the size of a bus, fell out of orbit and into a collision course with Earth. It will likely do no damage, so don’t worry about being crushed to death by flying chunks of the National Security Agency budget. The important part is that nobody knew when the satellite died. Maybe a year ago? Maybe a few days? A rep from the National Security Council would only say, "Appropriate government agencies are monitoring the situation."

Is this our info utopia, wherein we literally lose track of bus-size shit flying through space over our heads? I mean, how many surveillance satellites do we have? It’s not like I love the techno-surveillance state, but it is a little shocking that the SIGINT nerds who run it are so out of touch that they can’t even keep track of their orbiting spy gear. Still, it’s hard to be too upset when Big Brother isn’t watching.

But that satellite could just as easily have been a forgotten communications satellite dive-bombing our atmosphere. And that would have sucked, especially since last week’s mega Internet outage across huge parts of Africa, the Middle East, and Asia didn’t bring down the global economy largely because people had satellite access to the Internet. This Internet outage, which took millions of people (and a few countries) off-line, happened when two 17,000-mile underwater fiber-optic cables running between Japan and Europe were accidentally cut. No one is quite sure how they were severed, but it was most likely due to human error — an anchor was probably dropped in the wrong place.

And so big chunks of Dubai went dark, as did many Southeast Asian countries. Businesses couldn’t operate; people couldn’t communicate. The people and businesses that were able to keep running were by and large the ones that didn’t depend on cheap Internet services that use only one or two cables to route their traffic. It’s cheaper to rent time on one cable, but if that cable is cut, you lose everything. Most customers don’t research how their Internet service providers route Internet traffic across the Asian continent — or across the Pacific Ocean — so they don’t realize their communications could be disrupted, possibly for weeks, if some drunken sailor drops anchor in the wrong spot.

In fact, few of us anywhere in the world consider the fact that our info utopia is a fragile thing based on networks that are both material and vulnerable. We think of the Internet as a world of ideas, a place "out there," unburdened by physical constraints. Even if you wanted to research which physical cables your ISP uses to route your traffic, it would be very difficult to do without a strong technical background and the help of the North American Network Operators’ Group list, an e-mail list for high-level network administrators.

So why do a crashing spy satellite and a partly dark Internet mean we’ve entered the age of information dystopia? Quite simply, they are signs that our brave new infrastructure is failing around us even as we claim that it offers a shining path to the future. It’s as if the future is breaking down before we get a chance to realize its potential.

But the information age doesn’t have to end this way, in a world where
can-and-string-network jokes aren’t so funny anymore. There are a few simple things we could do. We could help consumers better understand what happens when they buy Internet access by showing them what routes their traffic might take and giving them realistic statistics about possible outages. People could then make better choices about what services to buy. And so could telcos and nations.

Why shouldn’t we have solid research on which ISPs are most likely to suffer the kind of network outages we just witnessed from the severing of those two cables? Consumer groups could undertake this research. Or, since developed nations suffer more, perhaps the United Nations might want to conduct the investigation as a matter of Internet governance. We know where car traffic and sea traffic go. Why don’t we know where Internet traffic goes?

Another thing we could do to stop the information dystopia is to cut down on spy satellites, but that, as they say, is another column.

Annalee Newitz is a surly media nerd who is investing in semaphore communication networks.

Guardian trial heats up

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› tredmond@sfbg.com

The fireworks have started to explode in the trial of the Guardian‘s lawsuit against the SF Weekly and its chain parent corporation as three witnesses testified that the chain’s top executive had vowed to put the Guardian out of business.

Lawyers for the Weekly and Village Voice Media, which owns the San Francisco paper and 15 others, tried aggressively to undermine the critical testimony. The Guardian is claiming the SF Weekly sold ads below cost for years in an effort to damage the local competitor. That’s illegal in California.

The Weekly lawyers aren’t putting up much of a fight so far over whether the paper sold ads at such cheap rates that it was losing money. In fact, evidence presented in court shows that VVM has lost $25 million over the past 11 years in San Francisco and the East Bay, where the chain until recently owned the East Bay Express.

But VVM lawyers H. Sinclair Kerr and Ivo Labar have contended the Weekly and the Express were simply cutting rates to meet competition or were trying to increase market share — and harming a competitor was never a motivation.

Three Guardian witnesses provided evidence to the contrary. Jennifer Lopez, Carrie Fisher, and Andrew O’Hehir all worked for the Weekly when the chain, then known as New Times, bought it in 1995. Lopez sold ads, Fisher was copublisher, and O’Hehir was the editor.

All three testified that Mike Lacey, one of the two top executives at the chain, arrived at the Weekly offices in January 1995 to announce the sale and told a meeting of the staff that he intended to wipe out the local competitor. At one point, Fisher said, Lacey picked up a copy of the Guardian, threw it on the floor, and said, "We don’t just want to compete — we want to put the Guardian out of business."

Two of the early witnesses were Guardian copublisher Jean Dibble and me. Dibble talked about how the paper had survived recessions, economic changes, and legions of competitors over the years but was put on the ropes by the chain’s predatory tactics. I talked about the impact — how the Guardian, which has to live on its revenue and has no chain with deep pockets to subsidize it, has been forced to cut costs, lay off staff, and reduce the size of the paper.

Kerr and Labar pushed us both, trying to make the case that it was the rise of the Internet and the changing demographics of the city that caused the Guardian‘s problems. But in fact, Dibble stated, the Guardian has lost very little display advertising business to the Internet.

On Feb. 4 the Guardian lawyers read from the depositions of Jim Larkin, VVM’s chairman, and Scott Tobias, the chain’s president. Among the fascinating information: Larkin testified that VVM paid between $5 million and $6 million for the East Bay Express and sold it for around $3 million, taking a big loss on the deal. Larkin also said both the Weekly and the Express were profitable when the chain bought them but that they’ve lost money ever since.

Most important, both Larkin and Tobias testified that they received monthly "Guardian reports" focusing on how the Weekly and the Express had been competing with the local alternative newspaper in San Francisco. The depositions were riddled with references to the Guardian as the two VVM papers’ main competitor — which undermines the claim by VVM lawyers that the chain papers were focused on a broad range of other media, not just the alternative-paper market.

In one instance, the depositions show, VVM cut a deal with Clear Channel for naming rights at the Warfield theater that specifically stated the Weekly and the Express would get 85 to 90 percent of the ads from concert promoter Bill Graham Presents, then owned by Clear Channel — and the Guardian would get "15 percent to nothing."

The next phase of the trial will focus on financial data, as the Guardian presents records to the jury that show how the Weekly and the Express were consistently selling ads below cost.

Super Fat Primary parties and coverage

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Today promises to be the most dramatic California Democratic presidential primary vote in…well, maybe ever. To say that the future of our country hangs in the balance probably isn’t even hyperbole. And that’s a good thing because otherwise we’re looking at a fairly boring and inconsequential ballot, which the Guardian will covering live, as we have every election day since the birth of this whole Internet thing. That’s right, we were “live blogging” before anyone invented that stupid term. But I digress.

So check back here this evening as the numbers start rolling in from all the Super Fat Tuesday primaries. We’ll have coverage from all the election night parties in town and commentary on the larger issues at play and the unique role Californians are playing in shaping this race. Or if you want to attend the parties yourself, here’s a partial list of what we’ve come up with so far:

*** Barack Obama’s campaign seems to be throwing the swankiest party in town, renting out the Fairmont Hotel (950 Mason Street) Grand Ballroom (as well as The Avalon down in Hollywood) to host supporters. The candidate himself will be in Illinois, but this pair of parties seems to show that he’s already acting like the president-elect.

*** Hilliary Clinton’s campaign is going to be more muted locally with what sounds like a fairly low-key party at their local campaign headquarters at 1122 Howard Street. They seem to instead be blowing their wads on an event in a couple hours at the Ferry Building featuring ex-prez Bill Clinton and Mayor Gavin Newsom, sort of a Philanderer’s Ball in support of Clinton II, The Sequel.

*** Republican Ron Paul, who has a chance to get San Francisco’s Republican delegates thanks to a vocal and visible local campaign, is being feted at a campaign party at Thai Stick Restaurant, 925 O’Farrell Street @ Polk.

*** The most significant San Francisco campaign, which is seeking to pass the Prop. A parks bond, will be gathering at the Boudin Bakery on Jefferson Street in Fisherman’s Wharf.

* And finally, you can watch the results with staff from the Guardian at Kilowatt bar, 3160 16th Street in the Mission District.

Belly on up and take a big drink of democracy, baby.

Late local rocker Evan Farrell rhapsodized by Japonize Elephants in Bloomington, Ind.

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Postcard from Bloomington: Japonize Elephants perform at a tribute to Evan Farrell at Bluebird Nightclub on Jan. 20.

By Dina Maccabee

A lot of emotions have been pouring out during the last month over the loss of once-Oakland-based musician Evan Farrell. I’m not even sure if the details that have been circulating on the Internet about what happened on Dec. 21 – when the Oakland house where Farrell was staying caught fire – are correct. For me, and I think for everyone, there are bigger questions than how the blaze started – like what is death, anyway? And how do I sort out my empathy for Farrell and his family from my own selfish fears and anxieties about living a worthwhile life and, ultimately, ceasing to exist?

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Evan Farrell. Photo by Jeremy Baron.

I played with Farrell in the Japonize Elephants, which why I made the trip to Bloomington, Ind., a week or so ago to participate in the Jan. 20 memorial for him. The Elephants started out in Bloomington – and Farrell had moved back a few years ago after playing with Rogue Wave, among others – so for most of the band, the trip represented an almost overwhelming mixture of grief and nostalgia, a chance to reconnect with old friends and places under heartbreaking circumstances. I had a different perspective as a newcomer eager to discover the birthplace of this fearlessly bizarre, creative, close-knit group, whom I started playing with about three years ago in the Bay Area, hoping to offer some support and comfort to Farrell’s closest friends.

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Evan Farrell. Photo by Jeremy Baron.

While no one knew quite what to do in the aftermath of Farrell’s death, one thing that seemed obvious was to get together and play music. It felt a little wrong to be excited about playing an Elephants reunion show back in Bloomington, with band members arriving from California, Colorado, and New York – but without Farrell. You could say we were getting back together because he would have wanted us to. But, of course, really, we wanted to. How else to recapture some of the absurdity, spontaneity, mirth, and adrenaline that were Farrell’s trademarks, on and off stage?

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Evan Farrell in pink with Japonize Elephants.

Polite message from the surveillance state

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› annalee@techsploitation.com

TECHSPLOITATION Say what you want about Google being an evil corporate overlord that steals all of your private data, turns it into info-mulch, and then injects it into the technoslaves to keep them drugged and helpless. There are still some good things about the company. For example, Google’s IM program, Google Talk, sends you a warning message alerting you when the person on the other end of your chat is recording your chat session.

Just the other day I was chatting with somebody about something slightly personal and noticed that she’d suddenly turned on Record for our chat. I knew everything I was saying was being logged and filed in her Gmail. In this case I wasn’t too concerned. For one thing, I wasn’t saying anything I’d regret seeing in print. I’m used to the idea that anything I say on chat might be recorded and logged.

What was different about this experience was that Google warned me first — told me point-blank that I was basically under surveillance from the Google server, which would automatically log and save that conversation. I appreciated that. It meant I could opt out of the conversation and preserve my privacy. It also meant that other people using Gtalk, who might not have had the expectation that all of their chat sessions might be recorded, would be enlightened.

It also reminded me forcefully that Google is a far more polite and privacy-concerned evil overlord than the United States government.

Right now members of Congress are trying to pass a law that would grant immunity to large telcos like AT&T that have been spying on their customers’ private phone conversations and passing along what they’ve learned to the National Security Agency. The law, called the Protect America Act, would allow telephone and Internet providers to hand over all private data on their networks to the government — without notifying their customers and without any court supervision of what amounts to mass wiretapping.

Last year the Electronic Frontier Foundation sued AT&T for vioutf8g the Fourth Amendment when a whistle-blower at AT&T revealed that the company was handing over private information to the NSA without warrants. That case has been working its way through the courts, and making some headway; in fact, it was starting to look like AT&T would be forced to pay damages to its customers for vioutf8g their rights. But the Protect America Act would stop this court case in its tracks by granting retroactive immunity to AT&T and any other company that spied on people for the NSA without warrants.

The whole situation is insane. First, it’s outrageous that telcos would illegally hand over their private customer data to the government. And second, it’s even more outrageous that when its scheme was discovered, the government tried to pass a law making it retroactively legal for AT&T to have broken one of the most fundamental of our civil rights: protection of our private data from the government.

Imagine what would happen if the phone and Internet systems in our country had the same warnings on them that Gtalk has. Every time you picked up the phone to make a call or logged on to the Internet, you’d get a helpful little message: "Warning: the government is recording everything that you are saying and doing right now." Holy crap.

The good news is that it’s not too late. The Protect America Act must pass both houses of Congress to become law, so you can still alert your local congress critters in the House that you don’t want retroactive immunity for telcos that are logging your private conversations for the NSA. Find out more at stopthespying.org.

And remember, everything you say and do is being logged. This polite message has been brought to you by the surveillance state.

Annalee Newitz is a surly media nerd who yells "Fuck you!" into her phone as often as she can — you know, just to let the NSA know how she really feels.<

Coachella lite: where are the Valentines?

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Which is the real Coachella?


By Erik Morse

Last Monday’s announcement from Mexico City of the lineup for the upcoming Coachella Festival in Indio had more than a few prospective ticket buyers flummoxed. Where were all the celebrity headliners Goldenvoice had so skillfully assembled in years past? Where were the electro hipsters and indie-rock stalwarts whose appearances had succeeded in making Coachella the American Glastonbury?

After all the behind-the-scenes campaigning and Internet rumor-mongering that promised everyone from the Smiths to Gang of Four to Aphex Twin to Leonard Cohen, the unveiling was an extraordinary exercise in bathos. Thank goodness for Portishead. The biggest omission was the newly reunited My Bloody Valentine, who performs for the first time in over 15 years beginning this summer in the UK. After the major coup that brought the Jesus and Mary Chain to Indio last year, hopes were high that a second miracle might find Kevin Shields and co. headlining over the likes of Jack Johnson or Roger Waters.

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My, my: My Bloody Valentine.

Video Mutants

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Welcome to our video issue. Video is exploding, and the mutants have taken over the means of production. YouTube ululations, Day-Glo animation, and crazed acts of appropriation are stretching like Shmoo from black boxes to boob tubes to white cubes and from laptop screens to live performances. Each video-active blast favors impulse and expression over obedience to old conventions — and further blurs forms and styles. Check out the below for our takes and double-takes on video artists who have us pressing play. (Johnny Ray Huston)

>>The man with the video camera
Douglas Gordon hits San Francisco with an image blitz
By Johnny Ray Huston

>>Booby call
Lost in bizarre pop idolatry with Mike Kelley
By Kimberly Chun

>>Chopping, screwing and Superman
An interview with Mike Kelley
By Kimberly Chun

>>Prince of theme parkness
Damon Packard strikes back
By Cheryl Eddy

>>Rave damage
Ryan Trecartin cubes the internet death code
By Marke B.

>>Total nowhere emotion expansion
An interview with Ryan Trecartin
By Marke B.

>>Guiding light
Kalup Linzy will set you free
By Johnny Ray Huston

>>Ride to da club
An interview with Kalup Linzy
By Johnny Ray Huston

>>Shirtless on YouTube
The Passionistas take on Chris Crocker
By Myles Cooper

>>Trash talking
An interview with Jacob Ciocci of Paper Rad
By Johnny Ray Huston

>>Thrower’s flames
The video nasties of Stephen Thrower’s Nightmare USA
By Johnny Ray Huston

>>Eight for 2008
Video activity to watch out for, from SF to beyond
By Johnny Ray Huston

>>VIEW:
***Paper Rad’s umbrella zombie datamosh mistake
***More vids by Paper Rad
***Vids by Damon Packard
***Vids by Ryan Trecartin

***Vids by Kalup Linzy

Video Mutants: Shirtless on YouTube

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The Passionistas, “Wild West”

GAZE ON THE INTERNET I guess I’m a true romantic. I like my porn softcore. When I get in that certain mood, I visit YouTube to watch videos because I know they’ll never go too far. I’ll get off watching a mustached Austrian take a shower while fully clothed or a drunken dad mooning the camera. It’s repulsive enough to be sexy but harmless enough to be cute.

I must have watched thousands of videos like these without ever considering making one of my own. It wasn’t until I stumbled across an early viral video, "This and That" by Chris Crocker (of "Leave Britney alone!" fame), that I seriously considered making one for the Internet. What I saw was a young gay white boy with a Jennifer Aniston bob, screaming out "to the bitches that wanna fight me" in an accent halfway between Mo’nique’s and a Tennessee grandma’s. It wasn’t necessarily erotic, but there was something completely invading about Crocker’s gaze into the webcam — it was as though he activated that little gray box perfectly. He had the excitement of a Pinocchio with his strings recently cut and the entertaining intent of a sociopath like Chucky. I knew this was a car crash waiting to happen, and I immediately became addicted to Crocker’s videos.

I became Crocker’s friend on MySpace in December 2006 and followed the flood of video monologues posted almost daily. In topics that ranged from sarcastic beauty secrets and arguments with his grandmother to sexy dance videos and relationship advice, there was something very lonely about him. He wanted to be famous but was stuck living with his grandparents in a rural part of the South. With only the Internet and a camcorder, Crocker was able to independently create, in a little more than a year, an infrastructure of hundreds of thousands (and now millions) of viewers. A mixed audience of fans and haters, they all waited on his every move because he would do anything for the camera. As an artist, I was jealous of his popularity and brilliant consistency. I wanted in on his game.

My bandmate Aaron Sunshine and I decided we would start making Internet videos for our band, the Passionistas, as this would be a simple way to sate our incessant needs for humiliation and self-promotion. After our first attempt, an underviewed series of videos titled Haterz Beware targeted at a fictional group of people who spend their lives hating our band, we decided to make a short that would encapsulate everything that makes Internet video popular. Or so we thought.

Our goal was Internet popularity, so we wanted to make sure something sexy happened, and something violent too. We decided that the concept of Aaron burning me with a cigarette while we were both shirtless sounded too perfect not to do.

We sat in front of my iMac, a gift from my parents for my graduation from San Francisco State University two anticlimactic years ago, and took off our shirts. We opened QuickTime and clicked Record. Aaron seemed transfixed by the moment. He stared at the camera, then at the tender white of my forearm. He showed the glowing cigarette to the camera. Then, leering, he sadistically burned my wrist. It hurt like an Alien baby popping out of my arm. Fifteen minutes later it was on YouTube. Stupidity being a mainstay of the format, I was expecting grand popularity. We made sure to include lascivious and lurid tags in the video description, like twinks, shirtless, naked, burned, owchie, and sexy, so anyone searching with these words, or a combination thereof, would stumble upon our video. It reached about a thousand views in a little more than a week.

My rational mother somehow found out about the video and got very upset. She is a grade school teacher who lives in a pine tree–infested coastal art community. She made some really popular shabby-chic birdhouses in the 1990s. She’s recently returned to watercolors and has always loved making smiling figures with clay. My mother had no idea why somebody would make something so awful and hurtful. She was not at all thrilled when I explained that this video was an experiment done in the name of art. I told her that one day she’d understand, and I reluctantly removed it from YouTube.

So, to get back at her, I asked Santa for a camcorder and staged a Passionistas video for our song "Wild West" in her hot tub. Following one of the rules of Internet video popularity, I was, of course, shirtless and in my underwear. To contrast with my forest-filled hot tub scenes, I filmed Aaron brushing his hair and teeth and smoking in San Francisco — shirtless, of course. My second attempt at a viral video is doing all right in terms of views at the moment, but its popularity is not comparable to that of Crocker’s videos.

Crocker is more pathetic than me. Aaron and I had a chance to catch him in one of his first public appearances, in October 2007 at the Crib in San Francisco. It was that night that he proclaimed, "I don’t have talent — I only have fans." There is a certain sexy courage we possess only when we are alone. Crocker is in the vanguard, the best of many new artists broadcasting from the bedroom.

www.youtube.com/thepassionistas

>>Back to Video Mutants: The Guardian video art issue

Video Mutants: Rave damage

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>>Click here to read Marke B.’s interview with Ryan Trecartin

› superego@sfbg.com

SUPER EGO "Hey Skippy, PattyMay is here. In. This. Room."

"Oh god, it’s true! PattyMay is in this room."

"Yes! Tell him I am here. I am PattyMay, and I am in. This. Room."

"Did you say PattyMay is in the room?"

This is the Guardian‘s video art issue, and anyone who’s recently hung out with a certain brand of cued-in, mid-20s clubber knows that the neon-splattered, inverted Internet psycho-vids of Ryan Trecartin are the new now. Those who’ve not hung out with such can plug directly into any enervated crackles and eyeball quivers lingering from their tab-heavy rave days — a tweekend back in K-land, courtesy of capital A — with a quick scan of the Philadelphia-based 26-year-old’s YouTube channel, WianTreetin.

There — and in several big-time art exhibitions throughout the world — you’ll find one of the most mind-bending glosses on getting ready for a night out, and actually going out, that’s ever been burnt to digi, A Family Finds Entertainment (2004). This half-hourish doozy begins with a gothic drag specter clutching a bottle of generic hair spritz and trying to pull a little girl into a bathroom closet. It ends with a boy who’s been run over by a ghost car rising from the dead, kind of, as a gender-clown version of himself gets reborn in a kiddie pool after a house is destroyed by an underground indie rock dance orgy. (Cue fireworks.)

In between is what one character calls "nonlinear trash, with color!" and the wickedest toss-off line in the universe, "To the dark side — I party alone." Also: a chipmunk remix of Sophie Ellis Baxter’s awful "Murder on the Dance Floor," a spastic impersonation of infernal fiber-optic networks, liberal quantities of ingested toner, confused plans shouted through butcher-paper walls, and the partially imaginary dream girl PattyMay, made somehow realer by several incantations of her name. All this and more, plus an overload of kitten star wipes.

What? That’s not your typical night out? Honey, call me.

Mapping the plots of Trecartin’s hyperactive, live-action phantasmagorias is so beside the point it’s next to it. Part of the posted synopsis of his 2006 short Tommy Chat Just E-Mailed Me: "Takes place inside and outside of an Internet e-mail…. Tammy prints stuff and confronts Beth. Beth does a Google search for ‘fun’ and finds ‘ugly,’ so she phone calls her dark dream girlfriend Pam who has communication problems, a dead computer painting, Apple OSX, and their lesbian communal baby prop."

And although the look and feel of his episodes — Microsoft-blue papier-mâché interiors, vine-sprouting ceilings, fluorescent-dipped skin tones, looped asexual voices, ominous snippets of warped bubblegum pop — are definitely wiggy, drug analogies come up obvious and short. Trecartin’s created a hilarious and horrifying — hilarifying — open-source code for the nightmare side of contemporary life, with its inflatable technological chaos, zombified discount shopping, and endless idiotic yakking. Wild club nights and the ancient rituals of rebirth they tap into yield a central theme — actual physical activity among streaming virtual selves.

In 2007’s I-BE AREA — basically what the invisible thing that sneaks up behind you when you’ve been online too long looks like — the main gist is the soul’s fate in a world of obnoxious social networking, one that reduces individuals to quasi-emotional ADD outbursts and illogical catchphrases. It’s life aboard the MySpace Death Star, and everyone had better fill up their blogs, crop their pics, broadcast in a perfect urban patois, and be their own friends. "Look, I think I just saw a highly advanced, 3-D text message of my future self giving me the middle finger," main character I-BE, a.k.a. Trecartin, says snootily.

I-BE AREA zings off on a million paths in its quest for authenticity — names become other names, twins melt into clones, characters switch places with their avatars and turn clairvoyant. There’s a jaw-dropping tap dance sequence featuring orphaned kids recorded on Adoption Audition Tapes. At one point a woman who looks like she wandered off the set of Dynasty identifies herself as the Head-PArent and drops a hypothetical blow-dryer into a hot tub full of hippie ghouls. Later a noodle-eyed tranny ectomorph called Pasta kidnaps a baby.

Near the center of it all is the Wood Shop — a real wood shop, with band saws revving and lumber strewn precariously. It’s also the perfect joke on a mainstream gay dance club (or online hookup site). "Exotic" black go-go boys writhe frantically on tables, fractured machinery noises sub in for lame-ass techno, and an obnoxious, pig-tailed faggy avatar screams "What?" into her brick cell phone. Then everyone prances around lewdly and breaks windows. Just like real life!

www.elizabethdeegallery.com/artists/view/ryan-trecartin

www.youtube.com/WianTreetin

A glossary

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› andrea@altsexcolumn.com

Dear Andrea:

I’m a little confused. Could you please explain all the different genders? It seems there is so much more out there than just male and female: transsexuals, he-shes, shemales … And are hermaphrodites real? I’m most intrigued by them. Do they live as male or as female? Are they born that way? Who’s who?

Love,

Gender Confused

Dear GC:

OK, but you should know going in that you’re setting me up for abuse from a certain segment of the genderfolk, that overearnest subset that thrives on righteous indignation. I don’t know what it is about the Gender Weirdness Club that renders so many of its members both unnecessarily hostile and so shockingly humorless — you’d think living as a guy in a dress, for instance, would pretty much force you to develop a sense of humor — but if I talk about this, I will infuriate people, and this time I blame you. That’s OK, right?

Transgender is an umbrella term. It used to be pretty much interchangeable with transsexual, but the latter is on its way out (too identified with men who went to Sweden in the early ’60s and came back looking like very-large-footed stewardesses, I guess). Many people in the gender community now use the term transgender to describe anyone who does not fit readily into the "a boy is a boy and a girl is a girl, and that’s that" paradigm. When I say umbrella term, mind you, I mean a really big umbrella. There’s a crowd under there, from the girl in combat boots who would have been described as a tomboy in a previous generation (I was one, and it never would have occurred to me to call myself anything other than female, but fashions and perceptions change) to the aforementioned guy in a dress, with a large and oddly dressed crowd doing the Time Warp in between, including some who blur the line for kicks and others who are just trying to mess with you.

Transsexual used to be the common term, as I said, for someone described as trapped in the wrong body. Now you’re more likely to hear transman (a man assigned a female gender at birth, later corrected by some combination of introspection and self-acceptance, gender presentation, hormones, and/or surgery) or transwoman (the same but vice versa). Some transfolk make a distinction between the idea of transsexuality (literally "crossing sexes") and being a (trans)man or (trans)woman: they feel they never changed genders, just other people’s perception of their gender, so they don’t feel a term like transsexual accurately describes them. Many would probably prefer to be known as men and women, for obvious reasons, but accept or proudly bear the trans label.

He-she is a term from the carnival sideshow. You’d probably best just file that one away with the rest of the historical oddities if you want anyone to talk to you about this.

As for shemale … I recently pissed off an earnest transperson — let’s call her Ernestine — merely by answering a question about shemale porn; the writer’s boyfriend was nuts about the stuff, and she wanted to know how worried she should be. Not very, I said. "Lots of people enjoy blah blah blah shemale blah …" Blam! "No transsexual woman," Ernestine wrote, "would expose her genitals like that on the Internet." She meant to convey the fact that transwomen are not freaks and need not find work at the aforementioned sideshow, a noble sentiment and all, but the fact that they are not freaks does not preclude some of them from becoming whores. There is a huge market for transporn, and much of it does use the admittedly objectionable, if undeniably retro amusant, term shemale. Sorry, Ernestine.

And finally, you asked about hermaphrodites. Nobody uses this term anymore unless they’re describing worms. There are lots of people born with a condition referred to as pseudohermaphroditism, but really, these ought not to concern you. The important thing to know is that there are kids born with ambiguous genitalia and others born with outward and inward sex parts that don’t match. The default medical response was and mostly still is surgery, but the foundation on which that treatment was built — basically, that you can raise anybody as any gender by strictly enforcing "appropriate" pronouns, toys, outfits, and love objects — has crumbled in recent years. We hardly know anything, but we do know that most people are born with sense of their own gender; and while you can beat almost anyone into admitting anything, telling a little boy he’s a little girl, no matter how insistently, will not make him a girl — it will just make him angry and possibly crazy. We are learning, finally, to take people’s word for it: I’m a girl, even in combat boots, and you are whatever it is you say you are.

Hope this helps.

Love,

Andrea

Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.

Video Mutants: Eight for 2008

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› johnny@sfbg.com

1. CORY ARCANGEL


Arcangel’s Super Mario Clouds (2002) uncovers the beauty of Nintendo clouds. Go to our Pixel Vision blog this week (www.sfbg.com/blogs/pixel_vision) for an interview with Jacob Ciocci of Arcangel’s sometime collaborators Paper Rad and an interview with Arcangel that discusses his recent video and performance projects, such as The Bruce Springsteen Born to Run Glockenspiel Addendum.

2. PHIL COLLINS


Dünya dunlemiyor, the Istanbul, Turkey–set entry in Collins’s World Won’t Listen trilogy of Smiths karaoke videos, wowed those who saw it at the San Francisco Museum of Modern Art in 2006. The entire trilogy is now on display and garnering raves (including an Artforum essay that pinpoints the lustiness that breaks through even the most programmatic of Collins’s endeavors) at the Dallas Museum of Art. Here’s hoping we get to see it soon.

3. SARAH ENID


Based in San Francisco but often out in the world, Enid has a roving eye. She’s made comic horror short works (in 2005’s Lovelorn Domestic she’s a mute woman with a giant bird that pecks out her husband’s eyes) and more recently ventured into the realm of new age relaxation videos — 3-D ones, to boot. The results are as amazing as they are soothing.

4. DAVID ENOS


One of San Francisco’s best underground talents, Enos has used videotape to craft a number of hand-drawn and hand-spliced animated shorts. Music biography is one recurrent subject: Enos’s trademark deadpan charm adds magic to illustrated and condensed life stories of Jim Morrison (complete with writhing snakes), Dennis Wilson (with a cameo by Charlie Manson), and Leonard Cohen. Look for a Guardian profile of Enos — as well as one of his frequent collaborator Enid — later this year.

5. GEORGE KUCHAR


Ryan Trecartin (see Super Ego) would never have star-wiped himself into art world stardom if not for the everything-and-the-kitchen-sink video aesthetic of Kuchar, who has made hundreds of videos since he and his brother Mike helped create underground film. Based in San Francisco and a teacher at the SF Art Institute, Kuchar has taught or influenced every local video person on this list, and his movies continue to be as funny as anyone’s in this issue, and only slightly less energetic than Trecartin’s (maybe a good thing).

6. ANNE MCGUIRE


She’s channeled Judy Garland — in 1997’s tears-and-laughs cabaret spree I Am Crazy and You’re Not Wrong — and survived. She stalker-serenaded Joe DiMaggio when the slugger was still alive and walking through the Marina (in 1991’s Joe Dimaggio, 1, 2, 3). In addition to these potent short performance works, she’s also unleashed some gargantuan formal projects, such as a pair of features — 1992’s Strain Andromeda and 2007’s Adventure Poseidon The — that rearrange Hollywood films from back to front, treating each shot like a card in a deck.

7. PAPER RAD


You haven’t lived until you’ve been berated about CD-ROMs, DVD menus, and coolness by the cranky-voiced animated character at the beginning of Paper Rad’s 2006 DVD Trash Talking (Load). Turns out that rant is just the preamble to a gloriously anarchic explosion of primary colors and pop-cult iconography that has prompted a thousand commercialized graphic design rip-offs, none of them one-millionth as inspired. Paper Rad recently made mashup lively again with the Umbrella Zombie Datamosh Mistake (now on YouTube). Go to their Web site — www.paperrad.org — for visual pleasure seizures and to get a taste of their new 20-minute video, Problem Solvers.

>>Watch Paper Rad’s “umbrella zombie datamosh mistake”

8. MATT WOLF


Wolf crosses into the realm of full-length features with Wild Combination, his subtly poignant documentary portrait of late musician Arthur Russell, which has been accepted at this year’s Berlin Film Festival. But his 2003 short video Smalltown Boys was a standout at a recent Internet-vid group show at SF Camerawork, and his Web site (www.mattwolf.info) is a treasure trove of such clips, both found (he uncovers Ryan Phillippe’s time as the first gay teen on American soaps) and made by him (his 2004 Imitation of Imitation mimics the costume-jewelry waterfall from the credits of Douglas Sirk’s 1959 Imitation of Life).

>>Back to Video Mutants: The Guardian video art issue

Video Mutants: Guiding light

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>Click here to view some Kalup Linzy vids

A phone interview is a routine aspect of writing an article, but there’s a uniquely rich comedic irony to conducting a phone interview with Kalup Linzy. Since 2001, Linzy has been making soap operatic short videos in which a host of characters, most played by himself, converse by phone. In Conversations Wit De Children IV: Play Wit De Churen (2005), for example, one of Linzy’s personae, or churen, budding art star Katonya, is fired via phone by her boss — then dumped via phone by her boyfriend when he finds out she lost her job.

"I grew up watching soap operas," Linzy says when asked about the soapy underpinnings of pieces such as Da Young and Da Mess (2005), As Da Art World Might Turn (2006), and the installments of his All My Churen series. "I was raised by my grandmother, but it goes back to my great-grandmother — she used to listen to Guiding Light on the radio. When it switched over to TV she was going deaf, but somehow she would sit and watch soap operas all day long. We couldn’t turn the channel, and if we were playing and went to one of our aunt’s houses down the street, the same soap opera would be on. [The soaps] sort of inspired me to act and write. They struck that chord in me."

Whether set in the South or the Manhattan art world, Linzy’s videos dig deep, past the generic surfaces found in Springfield, Pine Valley, Genoa City, or any other fictional TV town. Cumulatively, his recurrent video presentations of phone conversations satirize social power plays — and unexpectedly create and illustrate familial and romantic bonds. Like the filmmaker Apichatpong Weerasethakul, though in a less languid manner, Linzy is capable of lacing his affection for the soaps’ dramatic pleasures with sharp referential observation: Da Young and Da Mess features a shot of Linzy’s woebegone character Taiwan that updates Édouard Manet’s Olympia, for example.

Linzy has stolen the show at a number of New York group exhibitions, and he’s represented by a gallery in Manhattan, Taxter and Spengemann. But his work and creative identity extend beyond traditional art spaces via YouTube, an official Web site, and two different MySpace accounts. Collectively, they present video excerpts, performance clips, and songs. One highlight on Linzy’s Web site is a clip of him (as Taiwan) at New York’s PS1 Contemporary Art Center performing the gospel-inflected dirge "Asshole," accompanied only by keyboard. "Asshole, asshole, asshole, why’d you do this to me?" Taiwan bellows in the chorus, his blunt question arriving with gut-busting comic impact after a melancholy and poetic intro. As the song goes on, Taiwan shifts the focus to his body, wondering, "Why did my asshole fuck it up for my soul?"

Returning to the subject of rich ironies — or in this case paradoxes — none other than Modern Painting magazine published perhaps the most incisive recent piece about new waves of video art activity. Author Michael Wang uses work by Linzy and this week’s Super Ego star Ryan Trecartin to assert that queerness is perhaps the preeminent form of postmodernism; his opening salvo suggests that the old dialectical relationship between experimental video and commercial television has effectively exploded in the Internet era. Considering this, it’s hard not to note similarities or connections between the outrageously popular — or perhaps antipopular — gay YouTube phenom Chris Crocker (see Trash, page 24) and figures such as Jonathan Caouette, Trecartin, and Linzy. Crocker’s housebound, familial acting out forms dozens of tiny sequels to Caouette’s performative diary feature Tarnation (2004). When Crocker asks "What’s your tea?" he might as well be wishing he were on a party line with a character from one of Linzy’s videos.

More evocatively, the helium-high and macho-low voices of the characters in Linzy’s videos are similar, though not of a piece, with the manic munchkin voices of the Day-Glo "streaming creatures" (to use the Jack Smith–inspired title of Wang’s article) who cavort through videos by Trecartin; and like Trecartin’s art, though again in a more casual manner, Linzy’s has strong connections to club culture. In fact, Linzy’s currently working on a project that, framed by original and dance versions of "Asshole," translates Taiwan’s misadventures, as well as a scathingly funny cameo by Labisha, another Linzy alter ego, into songs.

"Basically, [the album] tells the story of someone sad at home who goes out to the bar and ends up getting laid by trade and wakes up the next day with a hangover," Linzy explains with a laugh. He drops hints about a couch-potato parody of Otis Redding’s "(Sittin’ on) The Dock of the Bay," adding that whenever he tells people he’s making a video anthology for the album, they mistakenly "ask if it’s going to be like R. Kelly."

Based on tracks such as "Melody Set Me Free," with its drag-ball life-as-an-awards-show lyric, and "SweetBerry Shuffle," with its baton passes between feisty female Labisha and depressive gay boy Taiwan, Linzy’s debut album might be an American cousin of the amazing, unjustly obscure Dislocated Genius (Get Physical, 2006) by Chelonis R. Jones. There and on singles such as the fierce "Black Sabrina" (sample lyric: "Black Sabrina never pushes or shoves / She’s a foot up your ass / She then questions why you walk so funny / And utters ‘Punk bitch’ under her rum-tinted breath"), Jones embraces and expresses a multitude of voices, transcending prejudicial diagnoses of schizophrenia or multiple personality disorder. (You could also draw a line from a cover version of Klymaxx’s "Cherries in the Snow" by veteran artist Vaginal Davis — like Jones, an American expat living in Germany — to "Asshole." Or, in return, from Linzy’s videos to "Gossips," a scandalously hilarious YouTube excerpt from Davis’s most recent show, Cheap Blacky.)

Betty Davis, Dorothy Moore, and Dionne Warwick are just three of the ladies of song who’ve provided Linzy with inspiration recently. Though some of his recent video projects — especially the offhandedly brilliant black-and-white linguistic mystery The Pursuit of Gay (Happiness) — have lampooned old Hollywood, lately he’s been looking at ’80s music videos when he isn’t visualizing his music. "Back then the medium was new to [bands and video makers]," he says. "They were excited and it came across, even though some of the videos are cheesy." Today Linzy represents a new wave of audio and video excitement — hold the cheese. (Johnny Ray Huston)

www.kaluplinzy.com

www.myspace.com/kaluppresents

www.myspace.com/kalup1

www.youtube.com/kklinzy

>>Back to Video Mutants: The Guardian video art issue

Car trouble

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› news@sfbg.com

A lawsuit alleging that seven major rental car companies have been illegally colluding to fix prices has become a campaign issue in the State Senate race between incumbent Carole Migden and Assemblymember Mark Leno.

The suit was filed by the University of San Diego School of Law’s Center for Public Interest Law and alleges that Hertz, Avis, Dollar, National, Thrifty, Alamo, and Enterprise took advantage of Assembly Bill 2592, sponsored by Leno, to charge consumers more and essentially blame the increase on the state.

The bill was created in the final days of the 2006 legislative session at the request of the rental car companies and the California Travel and Tourism Commission. It allowed the companies to list for consumers the 9 percent concession fee paid to airports (which they had been required to bundle into their listed rates) in exchange for paying $24 million annually, or about 2.5 percent of revenues, to the commission, replacing the state’s $6.7 million contribution to the organization that promotes tourism to the state.

But the lawsuit alleges the companies simply increased their rates by that 11.5 percent, pocketing the profits while indicating to customers that the money was going to the commission and to the airports. And the fact that they all did so is, the lawsuit charges, evidence of illegal collusion.

So this month Migden offered her own legislation to undo the change, highlighting the lawsuit and Leno’s legislation in the process. Senate Bill 1057 would also require rental car companies to provide a certified audit specifying how much extra money consumers were charged since AB 2592 went into effect.

"This law needs to be fixed before more consumers lose their hard-earned money to overcharging by unethical car rental firms," Migden said in a press release.

For his part, Leno notes that Migden and most legislators supported his bill, which he vetted through the Consumers Union, a group that was ultimately neutral on it. He said the bill provides greater transparency to consumers, so much so that it makes the apparent collusion obvious. "If [rental car companies] want to collude, they should do it without the 2592 on them," Leno said, adding, "If there’s any funny business going on, let’s crack the whip."

As for Midgen’s role in cleaning up the situation, Leno said, "If I weren’t running for the senate, this would be of no interest to her whatsoever. This is pure politics."

Leno concedes that it was representatives of some of the rental car companies, along with someone from the commission, who brought him the legislation, which he inserted into another bill at the end of the legislative session. According to Cal-Access, an online resource that documents campaign finances, Hertz Corp. contributed $3,000 each to Leno’s 2004 and 2006 campaigns. The Dollar Thrifty Automotive Group also made a contribution of $3,300 to Leno’s 2006 campaign.

But Leno said of his legislation, "It enhances the information that consumers receive when they rent a car…. I thought this was a win-win situation that would not have consumer opposition, that would generate $50 million [a figure that includes the ripple effect of tourism] to promote California and create hundreds of thousands of jobs."

In addition to helping boost tourism in the state, the Leno legislation requires rental car companies to disclose their total out-the-door prices on the phone or the Internet and requires all components of the total charge to be clearly itemized for consumers.

Robert Fellmeth, executive director of the Center for Public Interest Law, told us the alleged price fixing wasn’t surprising, given that the seven companies dominate the market and share a lobbyist and a trade association. But he said, "The more serious charge is that they went to a legislator and agreed to horizontal price colluding."

None of the companies returned Guardian calls or offered comments.

Megan Ma contributed to this report.

Video Mutants: Ryan Trecartin streams/flows into onlive timeslot, TOtal nowhere emotion expansion

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In this week’s Super Ego nightlife etc. column, as part of our Video Mutants issue, I handheld display my growing obsession with young artist Ryan Trecartin, who somehow squares club culture and diverts the neon identity parade into a tributary of parodied obnoxion (with Internet hyperquotes). By which I mean, “Damn! I think I just got dissed in a nextdoor dimension, but I like it that way.”

I-BE AREA (Double Jamie, Ramada Omar, and Sally Man Pause)

Ryan – who’s represented by the bigtime Elizabeth Dee Gallery in NYC – has a total Pro Tools grasp on irreality and its obverse reality, what’s beneath people performing, and his video work combines Mardi Gras parade giddiness (he spent time living in New Orleans), Web 2.0 blank paradise, and head-trip introspection with way incredible about me’s. Electronic ghosts, phased identities, realtime spots and trailers .. the online is performed in trashy afterlife/live/death here, and it wears a sparkling wig. Plus, Ryan does fabulous things with windows. JK/JK

I like to think there’s a deep current of nightlife reference running through feature-length works like A Family Finds Entertainment and I-BE AREA. Although who the hell knows? Ryan’s worked with at least one local beloved club presence, Patrik Sandberg — of ‘90s-flashback pirate radio show “Cobain in a Coma” and “drugged out goth shoegaze dream pop party” Spaced, at the Knockout — who plays space-waif gift-giver Craig Ricky in I-BE AREA and tells me that Ryan’s “holding a mirror up to a generation that lives a significant part of their lives online, in a way that makes fun of but also adores it. Not only that, I can’t stop quoting him.”

OK Agreed. And more than guilty above. So, yeah, I freaked and zoned and freaked again when Ryan agreed to answer some art critic avatar agenda questions over one whole e-mail about his digital video mental.

SF Bay Guardian: In I-BE AREA, the Wood Shop is like the most nightmarish gay dance club I’ve never been to. I dream about it a lot. How did you put together the Wood Shop scenes?

I-BE AREA (WoodShopBoys Ramada Omar and Jamies Band)

Ryan Trecartin: It was a three shoot workout, in a space called The Woodshop Drama Room one of three rooms that make up Jamie’s Area which is a conceptual part-Cyber-hybrid Platform that obeys and functions with in both laws of Physics and virtual-non-linear reality and potential in Web 2.0/ultra-wiki communication malfunction liberation flow, add-on, and debate presentation. The main structure is the character Jamie her self- a total control damage freak with independent log-ins, muse extension people, and live-links. The Wood Shop is a situation stage where pho-male-cyber-gays login to over posted anti-productive decisive message board dead-end faggoting activities. Jamie has a composer status in this scene during another timeslot using her saw and wood dictating with wireless momentum control and influence over her haters at work, while mirroring in Dark Jam Band form, on cell-phone with Ramada Omar in Class Room separated by a closed Window (3 time slots being viewed). The Wood Shop Fags search-out wanting a free channel edge and perform a permanent Window opening on Ramada Omar Freeing it to an independent Multi-tasking shape shifting reality pool. The actual shoot was really fun. It had a script but was the most abstract shoot of the whole movie-lots of improvisations and an everyone talked at the same time, making a don’t be quiet on the set situation. Like planed home video- script-destruction theme over goal. My favorite part is when Solomon (black hair pig-tale mall goth wig) has a brick ready for the Break Down, in cell phone placement and says nothing about someone calling him on his phone an “Said”, over and over like it’s a presidential victory speech with supporters and reason promoting a total nowhere emotion expansion with self eating content, saying… what?—don’t use hotmale log out to log In father fucker.