A few years back, a number of members of Blue Blood sites started writing in to say someone was making dolls of various Blue Blood hotties. As I recall, Mistress Domiana and Fetus de Milo were two where there were specific dolls folks felt were based on photos Forrest Black and I had shot of them. Maybe there were other girls; it didn’t seem at all significant at the time, and the Bratz have changed enough over time that the Jury in their recent court battle (more on this soon, even though it is not technically a sex trial) asked whether they could find for the plaintiff in the first generation Bratz and against for later ones. To the best of my knowledge, neither I, nor Forrest Black, nor anyone I’ve photographed has ever met any of the brass at MGA Entertainment, the company who launched Bratz as their primary toy line in either 2001 or 2002, depending on who you ask. I guess MGA Entertainment is headquartered in Van Nuys, which is at last geographically close to Hollywood, if not culturally. So who knows.

Blue Blood hottie April Flores got in her prototype this week from Topco. The prototype is of the Wild Fire Celebrity Series Voluptuous CyberSkin Pussy. So that appears to be working out, but I’ve never really found a ton of business value in that type of merch, so I never gave much thought as to whether Bratz were or were not inspired by Gothic Sluts or whatever.

Some folks who did give it a lot of thought and were positive Bratz owed them an intellectual property debt were at the doll manufacturing and marketing powerhouse Mattell, home of Barbie. Now we could start comparing Barbie and Bratz. We could discuss how generations use fashion to define themselves. We could hear opinions from parents who feel Barbie (which they played with) is classic and wholesome and Bratz (which their kids want to play with) just teaches little girls to be whores. We could go into the radical feminist view that both Barbie and Bratz give girls unrealistic ideas of what a woman’s body will and should be like, setting the stage for adult eating disorders, antidepressant abuse, promiscuous sex, and excessive submission to the patriarchy.

Those might all be valid views, but the case, presided over U.S. District Judge Stephen G. Larson, this week was not, as many people supposed, about the ways Bratz is or is not similar to Barbie. The Bratz concept was developed by someone while he was working under exclusive contract for Mattel. His exclusive contract specifically stated that all such creations devised while in their employ were property of Mattel. This is a pretty common type of agreement for development teams. The idea is to prevent someone, especially someone with tons of access to proprietary info, from cashing their future competitor’s checks, while coming up with what they intend to market as a hipper and more current version of their employer’s product. Basically, this type of employment contract is explicitly to prevent precisely what the Bratz creator did.

So Judge Stephen G. Larson found in favor of Mattel. Mattel and MGA Entertainment have a couple of months now to decide whether to make Bratz and perhaps MGA a Mattel subsidiary, sell Bratz to MGA, license Bratz to MGA, or force MGA and all wholesalers and retailers to return any remaining My Hip Little Hoochie Barbies Bratz and then stack them up in the parking lot at 16380 Roscoe Blvd., pour newly less expensive gasoline on the clubby doll pile, and light it up.

These might all be valid courses of action.

So apparently the great state of Kentucky wants to get into the gambling biz. Times are tough all over and I totally understand being open to new opportunities in these difficult economic times. Adult trade journal XBiz reported yesteray that Kentucky “Gov. Beshear was elected on a platform that included bringing gambling to the state.” Okay, so far, no problem, right.

Well, Kentucky filed suit to seize 141 gambling domains, including, according to The Washington Post, some very active huge money-making concerns such as UltimateBet.com and FullTiltPoker.com. Kentucky Judge Thomas Wingate is presiding over this legal fiasco. Registrars eNom and GoDaddy have apparently complied with Kentucky’s request and handed over those gambling casino domains registered with them. Most other US-based registrars are bizarrely expected to follow, although, as a domain-consumer, I’m certainly noting which registrars roll over first and easiest on this.

Now I understand that some people feel gambling is immoral and they believe in legislating morality. If Kentucky totally outlawed gambling and had technology initiatives to block gambling sites from being viewed in Kentucky, I would think that was their right. I would also think it was the right of their residents to pick up and move to some place more pleasant like California. It is, however, legal for residents of Kentucky to gamble online with real money. In fact, although U.S. banks have been legally barred from processing online gambling payments for a couple years now, Washington state is the only one which made it illegal for residents to place online bets for actual cash money. Basically, the law would be akin to making it 100% legal to buy drugs and 100% illegal to sell them. The results, naturally, are that a lot of American gamblers will renege on their online gambling debts because online casinos have no legal recourse. The results are also that many overseas banks benefited from this law when they got all the U.S. gambling business. But I guess banks in the United States are doing fine and certainly don’t need any more major customers with phat accounts. Those super rich online casinos can just take their money out of the U.S. economy because we sure don’t need any of it circulating on our shores.

The really sleazy thing about this whole circus is that Kentucky does not outlaw gambling. Kentucky just wants to get into the gambling business at home, without having to worry about competition from established gambling concerns such as online casinos. I’m appalled that they were able to find a judge who thought it was reasonable for a new business to randomly seize the assets of multiple existing ones.

When I was in high school and my mother was stationed in Israel, I dated a guy from Kentucky. Before his stepdad was transferred to the Holy Land, he had thought Jews had horns. Not in a bigoted way, he just literally believed that, having grown up in Kentucky. So, if Kentucky wants to legislate to its own special beliefs, they can just keep those laws within their own borders and we are all good. But they really need to not overstep. The reason we have individual states is partly to allow those with differing views to live the way they wish, while being part of the greater United States of America.

At this point, I vote that we make Puerto Rico a state and kick Kentucky the heck out. This way we won’t have to change the flag.

Tim Faulker at ValleyWag summed up the Hans Reiser trial best, saying, “There’s nothing funny about a murder trial. Unless there is.”

It has been a while since we did any sex trial coverage at Blue Blood, so I guess we’re due. So here is the set-up. Hans Reiser is a well-known but unpopular Linux programmer. Well, he is probably a Linux programmer, but there are bitchy San Francisco tech scene rumors that he actually hired cheap Eastern Bloc coders to do all his work for him. At any rate, there are some Linux file systems which bear his name, whether or not he earned it. And, let’s face it, the SF tech world has a rich history of dudes who take credit for other people’s work. I don’t think most of those people are murderers, so that is not, in and of itself, damning in a murder trial. Given that Hans Reiser went off to college after 8th grade, I’m thinking he probably at least supervised his Russian coding teams. I’d say that he was not on trial for whether he deserved his personal kudos, but he actually kind of was. His attorneys William DuBois and Richard Tamor repeatedly alleged that Han Reiser was only on trial because people hated his personality so much. Heck, his lawyers pointed out that they couldn’t stand the guy. I’m not sure whether I’d choose to be represented by counsel who disliked me so intensely, but Hans Reiser admits he is a little iffy in his choices on who to associate with.

Apparently, whether or not one wishes to mail order, Russia has bride catalogs where marriage-minded gentlemen can flip through and select the woman of their dreams. Hans Reiser started dating one Nina Sharanova who promptly became pregnant. Hans Reiser’s father, Ramon Reiser, told him that he should not marry the woman, partly because Hans says Nina conceived on their first night together and she was an OB/GYN by training and he felt a gynecological doctor could have practiced proper birth control, if she wanted to. Once Hans and Nina tied the knot, Ramon Reiser suspected his son’s Russian bride of using her new CFO position in the company to embezzle funds.

A gentleman named Sean Sturgeon was the Maid of Honor at the Reiser/Sharanova wedding and dressed in drag for the occasion. Sean Sturgeon was a childhood friend of Hans Reiser’s and loaned him the proceeds of a mortgage on his condo when Reiser’s company Namesys could not make payroll, possibly due to Nina’s embezzling. Sean Sturgeon and Nina Reiser do ecstasy together and Nina is irritated when Hans Reiser refuses to do it with her. According to endless court documents, Sean Sturgeon and Nina Reiser began a sexual affair which included lots of BDSM sex.

Hans Reiser accused Sean Sturgeon of everything under the sun. He said he didn’t need to pay his childhood friend back the bridge loan he had received. He said the man had MPD. Although he knew about the affair for three years before going into divorce proceedings, he said he was really concerned about the drugs and sadomasochism involved in his wife’s relationship with Sean Sturgeon. Why can’t San Francisco people ever just admit to plain old-fashioned jealousy? They always have to complicate the issue. You have to love legal papers which include the phrase, “lewd tattooed drug addicted BDSM pimp/whore” to describe someone’s oldest friend. Hans Reiser’s court filings made much of Sean Sturgeon having carved the word rage into his arm. Sean Sturgeon dismisses the incident, pointing out that Hans saw him cut himself at the time and it happened in the mid-90’s when lots of people were doing that sort of body modification where they lived.

The court documents in the custody battle also included the entertaining query, “Should the government be keeping me from showing my son how to direct brave goblin suicide bombers against their elven oppressors?” Apparently Nina had been freaking out at Hans for some time about playing Battlefield Vietnam and Age of Wonders: Shadow Magic with their young son Rory. Hans Reiser had well-reasoned thoughts on which games he allowed his son to play. For example, he felt that a game like Grand Theft Auto was unsuitable because there were no penalties for killing innocents. More creepily, he seemed to feel that it was important for a boy to develop his killer instincts and that these video games would assist with this and prevent the child from otherwise being made soft by his upscale suburban surroundings.

After Hans Reiser and Nina Reiser split up, she had a relationship with Sean Sturgeon for a while and told him that wolves mate for life and he was her wolf. A bitter custody dispute over the Reiser children Rory and Nio left Nina with primary custody and, after wholly-unsubstantiated and somewhat doctor-disproved accusations of sexual child abuse, Sean Sturgeon was not allowed to visit her when her kids were around. Eventually Nina and Sean mostly broke up, although Sean continued to give her occasional financial support and drove around with a decal of two wolves pathetically on the back of his car. For her part, Nina started a relationship with Anthony Zografos, a potentially richer dude who appeared more suited to raising a family.

Now this is the point where it would have just been a San Francisco divorce, had things stopped here. We could all have shaken our heads in dismay at the way the court system responds to reports of things we consider normal and commonplace, such as body mods or kinky sex or violent video games. Only things did not stop there. On Labor Day of 2006, Nina Reiser disappeared. Although no body was found and phone records show that Hans Reiser tried to call his ex days after her disappearance, the husband is always the first one police look at. He was arrested and held without bail for the past two years. That is a long time to be behind bars when the authorities can’t even produce the corpse. Law enforcement’s strongest pieces of evidence were very small amounts of sloppily-processed DNA evidence found in places where it really could have gotten there a number of ways and the fact that Hans Reiser had purchased two murder-related books in the week following his wife’s disappearance. The books were David Simon’s Homicide: A Year on the Killing Streets and Jonathan Goodman’s (no relation to Judge Larry Goodman) Masterpieces of Murder. I’ve never read either book, but, heck, I’ve watched every single episode of the Homicide: Life on the Streets TV show, as well as David Simon’s The Wire and Generation Kill. Seems like flimsy evidence. Especially when one considers that Rory and Nio’s grandmother spirited them off to Russia and there were questions of whether she would let them come back to the States to testify. Hans Reiser asserted that Nina Reiser, possibly abetted by a lover, stole from his company and then went home to Russia and had her mother bring her kids to her to neatly solve their custody dispute. Just to add to the confusion, in the middle of the proceedings, Sean Sturgeon confessed to being a serial killer. He placed his victim count at eight and a half because he was not sure whether the ninth victim had died or not. He swore, however, that he loved Nina and only murdered people who abused him as a child and was willing to take a polygraph or “truth serum” to prove his honesty.

The State of California felt there was enough to hold Hans Reiser on, but also felt that it was going to be a difficult trial and a long one with great expense to the taxpayers. So Hans Reiser was offered a plea bargain. The deal was that he would confess to killing Nina, tell them how he did it and show where he hid the body, so her loved ones could get closure. In return he would get three years with credit for time served while awaiting trial. He turned down the plea and a jury found him guilty and he was sentenced to 25 years to life. His attorney’s went around saying essentially that they were not allowed to introduce proper evidence that Nina Reiser was a dirty slut and that their client was just railroaded because he was such a thoroughly unlikable dickhead.

A lot of people in the open source community felt that Hans Reiser got a really raw deal. Sean Sturgeon swears he murdered eight or nine people and the police do not even arrest him, because there are no bodies. Hans Reiser swears he did not murder one person and is convicted, even though there is no body. Seems wrong.

Only this week, Hans Reiser made a new deal with Judge Larry Goodman to change his sentence to 15 years to life. Then he lead investigators to where he had deeply buried his wife’s body and gave a detailed account of how he punched her and then cut off the blood flow to her brain until she was dead. The only embarrassment he shows in his sworn testimony is that he felt he used a somewhat amateurish chokehold to kill her and that his old martial arts instructors might be disappointed in his murder technique. Doh!

“This is the typical behavior of a socialist, atheistic Open Source developer. When one has a lack of respect for intellectual property and God, then murder is sure to follow.”
–TurkBack, Wired

So why would a video of a mildly overweight toddler dancing badly receive 518,448 views on YouTube? It immediately comes to mind why a toddler dancing very well might be popular. It immediately comes to mind why a spectacularly cute toddler dancing badly might be popular. I wish this were not the case, but it also immediately comes to mind why a grotesquely overweight toddler dancing badly would make for a popular YouTube video. No, this toddler is not related to any star of stage or screen either.

The answer is that the video is controversial. The child’s mother Stephanie Lenz videotaped her kid attempting to dance to Prince’s “Let’s Go Crazy” which was playing on a nearby boombox. Universal Music Group, which owns the copyright for that portion of Prince’s catalog asked YouTube to take the video down because “Let’s Go Crazy” could clearly be heard on it and they felt this infringed on their copyright. YouTube took the video down and that would have been the end of it, except the EFF took on the mom’s case

So Stephanie Lenz and the Electronic Frontier Foundation sued Universal for wrongly asking that the video be taken down. Today, Ars Technica, a site about the “art of technology”, posted the latest in a whole series of interesting articles on the case and its implications for all video makers. The short version of what went down is that Universal defended by claiming the EFF was using the court system to bully them out of their rights and using meritless lawsuits to further their own agenda. This is ironic for so many reasons, I don’t even know how to start to enumerate them, so I won’t. The way everything shook out, judges determined that, yes, the EFF can bring a suit like this; yes, the video could be reposted to YouTube; yes, Universal acted in good faith when asking that the video be removed; and, yes, it is a murky area of the law where fair use is concerned.

Comments on the YouTube dancing toddler repost seem to illustrate that many YouTube users have no idea who Prince or the Artist Formerly Known As Prince are. They also indicate that Universal acted with Prince’s approval and support. Given that, years ago, Prince changed his name to a pretty much incomprehensible symbol and wrote slave on his face because he hated his label so much, it is also ironic if it is true that the music label here was acting with his full agreement.

But Prince has not done so well without a music label. His allegedly official 3112 web site has been dark since June 2007. Prince was a huge artist who believed the web would take power away from the evil record companies and put it back in the hands of the artists where it belongs. Truthfully, the changing cultural landscape has moved much power from the hands of powerful media conglomerate corporations like Viacomm and Universal and transferred it to the hands of newer powerful media conglomerate corporations like Google and Live Nation. A lot of people hate music labels and the music industry, partly because of the efforts of musicians like Prince to expose their wicked ways, but most do not seem to notice that they are exchanging one master for another one with a different business model. Although we have certainly not traded slavery for freedom, it could still be a better and more enjoyable new business model for all concerned. Whether this is the dawning of an awesome new renaissance in human existence or a new dark ages remains to be seen.

As a society, we are all struggling with how to handle the explosion of amateur media and how to deal with what this all means for everything from copyright to the very existence of creative professionals. As a media creator who wants to do the right thing, I am looking forward to legal clarifications on what constitutes fair use. Fair use is very clearly defined in written works and I know it inside-out there, but, when it comes to something like digitally distributed video, the answers are harder to come by. If there is a song playing in the background at a nightclub where Forrest Black and I are shooting still photography and someone like say Michelle Aston videotapes it, do we have to dub something else over the music or is the music incidental, serendipitous, and no replacement for the original and thus just fine? Obviously, I am not asking idly. I have legal counsel out the wazoo and I don’t know the answer on this sort of thing. I know there are times when people repurpose my photographs into tribute videos and I’m not sure they have the right to do so, but I don’t ask them to stop either. I do wish they would all be good about giving credit to their sources though. If there are people on YouTube who had never heard of Prince, a popular toddler video could have made at least a few dozen of Stephanie Lentz’s friends more familiar with the Artist. I’m not sure of the legalities on some of this because nobody knows the answers on those laws until more precedents have been set. I’m honestly a little fuzzy on what I feel would be right and what would be wrong on some of these issues.

I hope that, however it shakes out, our culture is a place where creativity and artistic pursuits are more encouraged and not less. I can’t figure out if the EFF or Stephanie Lentz got any money out of this long lawsuit or just the right to repost the video of toddler Holden dancing. I’m not really a toddler person, so I hope some of you find him adorable and her creative contribution to society has a positive impact.

The biggest problem with the astroturfing style of marketing is that it makes everyone very skeptical of everything; it makes it very difficult to believe in anything. If a star willingly gets naked on camera, there will be some puritanical types who will think ill of them for it. Yet most people who enjoy being in the spotlight and being immortalized have a hankering to be in the spotlight and be immortalized even when they are, ya know, doing it. I have frequently run into famous people who want me and Forrest Black to shoot artistic nudes of them, but who do not want anyone to see the finished work. As an artist, it is important to me that people actually see what I create, so we have, to date, declined private commissions of this sort. A combination of following the various sex tape scandals, and my own personal conversations with people who wanted to get naked on camera without the social repercussions, has lead me to assume that most sex tapes are released with the knowledge and consent of the parties involved. That way, they can get the erotic attention and the victim sympathy.

The problem with this is that some people actually want their private lives to be, ya know, private. I have come to believe that actor Verne Troyer genuinely feels his privacy is being invaded with the current sex tape clip making the rounds and, at the request of his manager, I am having the honestly barely PG-rated clip removed from BlueBlood.net.

Late this evening, I received an email from someone named Ray Hughes who said that Verne Troyer was his client and who attached a PDF of what appear to be court documents pertaining to a temporary restraining order or TRO. A TRO is something issued by a judge to stop something potentially damaging from continuing while the court determines whether that thing is actually damaging. I couldn’t find any web references connecting anyone named Ray Hughes to Verne Troyer and I actually couldn’t find anyone named Ray Hughes listed as an attorney in Los Angeles. I could easily have blown it off until Monday and spent the evening watching a canceled science fiction series on DVD with pals, as planned. Instead, I read the court documents, which seem to be from a suit against Kevin Blatt, Sugar DVD, and TMZ and sent the following email back:

Hello Ray,

Although I may have shaken Kevin Blatt’s hand at a party, it could have been his brother’s hand, as I sometimes get the Blatt siblings confused. That’s as close as I’ve gotten to Kevin Blatt, TMZ, or SugarDVD, so I don’t think I could easily be characterized as falling under the category of agents, servants, employees, officers, directors, representatives, attorneys, successors, or assigns of Kevin Blatt, TMZ, or SugarDVD, or those acting in concert with them. The video I have displayed is embed code from YouTube which runs off of the YouTube site. Beats me whether the TRO would apply to my situation or not and 10 o’ clock on a Friday night is not the ideal time to get legal advice.

Nonetheless, acknowledging that I have not had benefit of legal counsel and admitting no wrongdoing and waiving no rights I may have, I will express my initial gut response to your request. I believe that my article on BlueBlood.net was respectful to Verne Troyer. It was certainly intended to be respectful of him and his accomplishments. If Verne Troyer genuinely feels his privacy was invaded, I will cause the references you request to be removed and issue an apology. It is difficult, in today’s virally-oriented marketing environment, to ascertain who truly wishes to keep their sex life private and who deliberately released their naked ass to the public and just pretends concern so no one dings them for being naughty.

I guess it might be possible to figure out contact information to verify via the court on Monday, but, if you could please forward me your response from an email for a recognized law firm before then, my opinion, pre-counsel, is that I can probably accept that as sufficient proof that Verne Troyer is truly concerned about invasion of his privacy. When you email me from an official email address, which I’m assuming you will, can you please advise me whether it is the YouTube video clip embed or the link to TMZ or both which you wish to have removed.

Best, Amelia G
http://www.blueblood.net

Ray Hughes emailed me back a hour later, explained that he was Verne Troyer’s manager (not attorney as I’d assumed) and that he always did business from his Gmail account, but he did CC an email which appeared to be for a Tracy B. Rane at McPherson & Associates, although he indicated that he’d just as soon not involve the attorney. I guess Verne Troyer’s lawyers don’t work on the weekend either. However, the court documents attachment references McPherson & Associates as where to send whiny-ass reasons why it is vital to the public interest to be able to keep naughty Verne Troyer video live on the interwebs. Verne Troyer is listed on the McPherson & Associates web site as a client. I popped over to TMZ to see if they had any mention that they were, ya know, being sued and found the following:

Verne Troyer has filed a $20 million lawsuit, claiming TMZ violated his rights by publishing and airing portions of his sex tape.

In the suit, filed Thursday in U.S. District Court in downtown L.A., Troyer claims TMZ violated his privacy rights and infringed on his copyright and trademark by running portions of the tape on TMZ TV and TMZ.com. He also alleges TMZ violated his right of publicity and misappropriated his name and likeness.

Troyer says the tape was stolen and ended up in the hands of Kevin Blatt, the guy who distributed “One Night in Paris.” Blatt is also named as a defendant.

In addition to damages, Troyer wants an injunction prohibiting further dissemination of the video.

Calls to TMZ were not returned.

I know that a lot of people are inclined to flip any papparazzi from TMZ the bird and nobody wants to pick up the phone to give TMZ a comment. Apparently, TMZ won’t even answer a press query from TMZ.

So anyway, the sex tape video clip has been removed and my sincere apologies to Verne Troyer for any distress my post may have contributed to. I want to be clear that I may not be legally required to remove the clip embed and I am definitely not legally required by any law or settlement to apologize for posting the video. I want to apologize because I feel very strongly that someone who wants their privacy should be allowed to have it, unless there is news which is important to the public interest. It is rarely vital to the public interest that we all be able to watch other people have sex. Not that watching other people have sex can’t be perfectly entertaining, when all parties consent.

So I guess this is just weird sex trial coverage week at BlueBlood.net. First Max Hardcore gets convicted, then Ira Isaacs gets a stay, and then R. Kelly got acquitted. Now it appears that notoriously litigious, Hot Topic-esque, altporn, membership site SuicideGirls (aka SG) has settled their most recent lawsuit. It is hard to keep track of all their legal scuffles, but this was the one against their former contractor fetish photographer Philip Warner and his collaborator altmodel Apnea.

The initial dispute between SuicideGirls and Apnea appeared to arise because she modeled with a girl named Katie for a forthcoming site, which had offered her and Katie disproportionately large sums of money for a simple nude photo shoot. Even though this new site had not launched yet and most planned sites never do launch, SG was particularly bent out of shape about the Apnea and Katie photos because Katie had also reportedly worked as SG’s accountant. This presumably meant that she was privy to very proprietary information. SG went so ballistic over this that they not only took away Apnea’s complimentary site membership, but they put a stop payment on a check they had already written to her.

The dispute between comically psycho-competitive SuicideGirls and their staff photographer Philip Warner appeared to arise when Philip posted on the internet that he was going to be adding community features to his own web site, basically making it a lot more like SG. According to AltPorn.net’s exclusive interview with Apnea, SG handed Philip a new and more exclusionary contract one day after he announced his web site intentions. He refused to sign the new more controlling contract, so one day later SG made a public break with him. SG then apparently had the hubris to inform Philip that “alternative images of beauty (dyed hair, piercing and tattoos)” were their sort of trademark and therefor his work was a violation of his noncompete and he fired back publicly saying that the images

“you describe reflect the same style that I photographed [Apnea] in prior to our participation and awareness of the suicidegirls.com site. SG has no ownership of this broad genre, it is clearly in the public domain and has been around on web sites like BlueBlood since before SG was created.”

Five weeks later, without bothering to reply to his publicly-posted letter, SG filed suit against Philip Warner.

Here is where it gets weird. First of all, Philip did not stop working with SG when they put a stop payment on the check to Apnea, but, as soon as he had a problem with them, he started asking other people to donate to his legal defense. As far as he was concerned, while Apnea’s problem might not have been his problem, his problem was apparently supposed to be everyone else’s problem. The second weird thing was that Philip presented like SG was trying to take away his livelihood, yet the gossip sites claimed he actually made his living by owning and operating rental properties in Texas and court documents assert that SG, over all the years he worked for them, paid out a bit over ten grand total. This works out to a little over $2,000 a year. That is not exactly enough to live on. The third weird thing is that the court documents for the initial complaint nowhere mention that Philip appeared to have been planning a competitive site targeted directly at SG’s slice of the marketplace. Instead they named Apnea’s solo girl site in the suit as what they were concerned about competing with. Yes, the Apneatic site domain was registered to Philip and he shot a significant portion of the content on it and he probably ran it in partnership with her. But why mention her site, especially when Philip claims his contract specifically permitted him to shoot for solo girl sites, and not mention the planned multi-girl site which seemed to trigger the falling-out? Somewhere in here, SG also licensed a bunch of their own unretouched photos of Apnea to a number of adult internet companies with the condition that they were not permitted to use a name Apnea wished to be called. Eventually SG apparently also named Apnea in their suit which was initially just vs. Philip.

Here is where it gets really weird. For the past year and a half, Philip and Apnea have been aggressively campaigning for charity and donations from the creative community for their legal defense. Photographers have been told they are not allowed to participate in art shows unless they promise to donate any proceeds from their own work to Philip’s defense. Models worked for free to make anti-SG legal defense posters. Philip made T-shirts and prints promoting his lawsuit and asked people to buy them in support of his legal defense. Site owners and other clients all felt like maybe they should pay Philip and Apnea slightly higher rates to help with their legal plight. Every time Philip or Apnea sold an unwanted piece of photo equipment or an old dress on eBay, they reminded everyone that all this was to pay for their legal defense and that everyone who hates SuicideGirls should contribute to their legal defense fund. I do not know exactly just how many people gave them money or exactly how much money they were given because, unlike what one would expect from a charity, there has never been any kind of public accounting of donations nor the expenses those funds covered. Certainly, a lot of people championed Philip and Apnea’s cause and tried to be as supportive as their personal situations permitted.

Here is where is gets really really weird. Today, Philip Warner and Apnea issued a joint statement, apparently written by Philip but signed by both, which said in part,

“We want to make it clear that we 100% have no hostilities towards SuicideGirls in anyway anymore, we all came to a really fair agreement over this dispute, and there were no bad people here, just mistakes and misunderstandings. If you’ve boycotted SG on our behalf, you helped us come to this agreement, so thank you but the battle is over, and we’re all friends again.”

They state that there will be new SG product authored by Philip and they include a link for anyone who wishes to join SuicideGirls. The link is an affiliate link which they explain saying,

“To help offset our legal expenses, when you sign up with SuicideGirls, please use this affiliate code so that we can use the money to pay off our lawyers and focus on Apnea’s modeling and my photography!”

Did they seriously keep beating the dead horse of their legal expenses, while asking people to join the very site they were fighting and telling everyone to boycott for its evil ways and lameness just one day ago? The very reason Philip and Apnea were able to get so much support for their legal defense was that a lot of people truly believe that SG is an evil company.

According to Apnea’s MySpace, she is currently, in 2008, twenty-two-years-old. The first nude photo set featuring her posted to the SuicideGirls site in 2003. I think people should take responsibility for their actions, no matter what their age, but I do have some sympathy for a teenage girl who entered into business with a predatory corporation. Philip’s MySpace, on the other hand, puts his current age at thirty-nine-years-old. He is a grown-ass man, and he knew what he was getting into with SG, and he still chose to lie down with dogs, and then ask everyone else to help with his flea problem. He supported SG aggressively when many other people complained of all manner of mistreatment. He asked for a hand-out when he had a problem, and now he is telling everyone it is all good because he is getting back in bed with SG. I can’t find it in my heart to have the same sympathy for him that I might for Apnea. They are still supporting SG, which is still an organization that is a blight on our scene.

I believe that SG head honcho Sean Suhl is pretty much personally responsible for most of what has gone horribly wrong with the counterculture in recent years. He helped collect alt demographics for secretive data mining corporation Experian, and they sold that info to Hot Topic, so Hot Topic could effectively shut down all the independent punk rock stores which were the cornerstone cultural centers of so many local scenes. And don’t even get me started on how Sean Suhl’s projects have made every effort to inhibit the creation of art, disempower men, and turn women into jokes.

Now, to be fair, despite the fact that I feel this way, I actually think SG had a totally legitimate complaint if they signed a photographer and a model to an exclusive agreement, promoted that photographer and model, made that photographer and model privy to a lot of proprietary information, and then the photographer and model both violated their contracts. Then again, SG was unable to win a legal case against hacker Chad Grant, even when he admitted to hacking SG’s server and having every intention of competing with SG in the marketplace in a way which he hoped would put them out of business. The court transcripts from that trial are truly hilarious and maybe SG settled this case to avoid creating another laugh riot at their own expense.

Now Philip and Apnea are having their joint statement with its affiliate link spam posted to all sorts of sites which generally never allow that sort of blatant commercial promotion. The responses so far indicate that SG may have laid off on a case they could have won, but they also managed to give Philip enough rope to hang himself. Here are a few of the responses Philip and Apnea’s incredibly sell-out and self-centered statement has received so far.

On MM, photographer Chris Keeling sums it up nicely, saying,

“wtf? I thought we had been trained over the last year or so to Hate SG? Now the OP is spamming the Forums to get us to go join SG to go see his earlier work with them? It makes me think this whole fundraising thing was just a carefully orchestrated piece of shit! I’m pissed off. They are either vile despicable people or they are not. Just because the OP can make money again doesn’t make them okay now.”

The beautiful blogger Baby Sinead adds,

“Seriously, I didn’t even send money or anything but I feel like a tool. I guess everyone has this time where they choose to sell out or keep up the fight.”

Photographer Carl J Speed II says in part,

“I’ve been a staunch defender all over the internets and my social circles, spent a lot of time convincing people to stay away from SG (members and perspective models alike), wore my Vive La Picnic shirt (that I bought) , and this just feels dirty. Lying in bed with the bad guys now doesn’t give any sense of justice about this scenario … I’m still angry. I don’t care what arrangement was reached of “what had to be said”, SG are not “okay”, this wasn’t just a fucking misunderstanding, and maybe I have no room to point a finger as I’m not in the position, but going back to those that bent you over for the last two years, where’s the principle? HOw could someone lay back in bed with the bad guys?”

Photographer Visions Of Excess posts,

“I was one of those folks who hosted an LP fundraiser – money that it seems could have been more well spent paying my rent. The OP aside, I am reminded of the charge that SG is still selling its content to porn sites. Now why would I want to support that?”

Shortly after this, because MM mods always hide SG spam threads if they get too negative about SG, the thread got locked down.

Over on LJ, there is some energetic conversation going on still where people like Baby Sinead are able to visibly post, “Honestly if it was all a “misunderstanding” people should be refunded,” without having her words immediately locked. User bunnie_page writes,

“Realistically, I’m thinking it’s part of the settlement that they had to retract all of the bad things they said about “Worst Website Ever”…all of that shiftiness with them not able to say WHO was suing Apnea really makes it seem like SG was suffering from all of LP’s support, and had a gag order (which obviously didn’t help), and now their trying this. If the agreement *was* actually fair I would think SG would’ve ended up covering all of his legal bills. I’m sure there’s more here that we will just never get to know. But whatever, I still hate SG.”

In Apnea’s personal journal, mxa_photo writes,

“After all the crap you guys have claimed to have been through with this case it sure looks like you are now pimping out sign ups to SG??? Congratulations on suckering everyone in with your superbly run publicity campaign and congratulations on your seemingly total lack of moral fibre.”

My favorite LJ post about the settlement so far comes from user slutbunwalla, who wrote,

“Maybe it was just a long con and there was no real lawsuit to begin with! They all drummed up a bunch of business and donations and support and sympathy but the whole time there was already an implicit agreement between everyone to keep the drama going!!! Or maybe I just watch too much LOST.”

The most tragic posts come from redchickpoet who writes,

“Me (who couldn’t afford it in the first place, but thought I was helping to support a worthy cause) —–> BIG FOOLISH IDIOT … The funny thing is, me and my guy JUST got our “Free Lithium Picnic” shirts. Well, at least I can sleep at night knowing we helped to pay for their new tattoos. *kicks myself and becomes just a bit more cynical*”

This last post breaks my heart because it gets to the core of why Sean Suhl’s projects like SuicideGirls have been so damaging to the soul of counterculture. Everything he touches seems to spew out a lot of rhetoric about things people want to believe in, yet everything he is involved in seems to end up being a disillusioning smoke and mirrors sham. Once someone like redchickpoet is disillusioned like this, she may just walk away from the whole scene. Heck, I’ve been a part of this world since before I founded Blue Blood fifteen years ago. And this sort of disillusioning nonsense gives me pause.

My father is an attorney who has never lost a single litigation, yet he still always says that the only people who win lawsuits are the lawyers. I don’t know who won the $G vs LP lawsuit, but I know that all of us in the larger community are the ones who really paid the price.

Yesterday, R. Kelly was acquitted of charges for child pornography which have been pending for nearly six years now. If I believed he were innocent, I would think it was a real travesty to have such horrible accusations hanging over his head for so long. Now, the extremely witty Josh Levin over at Slate and the highly respected Bill Wyman over at Hitsville have both been covering the R. Kelly trial and associated tribulations with exceptional thoroughness and panache. If you want to know way too much about R&B singer and producer R. Kelly and his penchant for underage girls, I definitely recommend the work of both of these writers. I’m going to try to break it down for y’all here though.

First of all, I think the irony police need to be called. This week Max Hardcore was handed a criminal conviction for making videos of adult women dressed youthfully and engaging in consensual extreme sex acts, most likely including watersports (not the jet-ski kind), videos for which Max Hardcore had full documentation that the women were legally adult and consented to appearing on video and having said video distributed. The same week R. Kelly got excused for making videos of allegedly underage women engaging in arguably consensual extreme acts, definitely including watersports (not the jet-ski kind), videos for which R. Kelly could produce no documentation that the women were not underage or had consented to have their image recorded and shared in this way.

I feel sorry for R. Kelly. I truly do. I suspect he is not competent to handle his own affairs, yet, being rich, he is surrounded by people who apparently regularly take him for as much money as they can carry away. Even the star witness for the prosecution stated that R. Kelly would not continue with making a sex video if she was visibly upset and she admitted to taking advantage of him financially over and over. The testimonies in his recent trial are, in fact, rife with descriptions about how various people in positions of trust did everything from extort payments from him to stealing jewelry and, yes, homemade videos. According to GQ magazine, R. Kelly was sexually abused by an adult male neighbor as a child. Given that R. Kelly’s brother told Vibe that the singer never gave their mother a dime because she refused to divorce his stepfather, I would hazard a guess that the man was probably abused by his stepfather as well. R. Kelly also personally told Vibe that he is functionally illiterate. Members of his entourage further assert that R. Kelly is unable to do basic addition and subtraction. I’m guessing that someone with a bunch of multi-platinum albums could afford a reading and mathematics tutor, so it’s fairly likely that this means R. Kelly is deficient in the brain department. He probably is not mentally on a level above his young sex partners.

This still does not excuse competent adults for leaving their children with a grown man of R. Kelly’s well-documented predilections. He has settled multiple cases with families of allegedly underage girls he allegedly had inappropriate sexual relationships with. He has been caught with videos and pictures of his misdeeds over and over and is apparently not savvy enough to stop creating new evidence against himself. He married his protege Aaliyah when she was fifteen-years-old. This is not someone who is smart enough to cover his tracks. Apparently, her family was sufficiently on-top-of-things to get the marriage annulled and prevent Aaliyah from ever seeing R. Kelly again. Somehow, during the preceding three years it took for R. Kelly to work on Aaliyah’s multiplatinum debut Age Ain’t Nothing But A Number, it never occurred to her family that leaving her alone with a guy who likes young girls was not necessarily the best idea. The name of the album didn’t give anybody pause? Given that he actually tried to marry the girl, I’d view him more as retarded than ill-intentioned. I don’t mean retarded in the sense of schoolyard taunts, but, in the literal sense, R. Kelly may be a musical savant, but, he appears to be extremely developmentally delayed and not at all bright. Multiple sources report that the man even has trouble remembering to bathe himself.

I started off laughing out loud at the coverage of the R. Kelly trial. I mean, dude, if you are going to have an inappropriate and totally illegal sexual relationship with a teenage girl, maybe you shouldn’t, ya know, videotape it. Especially, if you’ve been busted out and/or had to make blackmail payments/legal settlements for this sort of thing in the past. And R. Kelly’s defense team’s arguments seemed so ridiculous when they claimed that it wasn’t R. Kelly on the videotape in question and it didn’t even look like him and, if it did look like him, then that was because of special effects, and, if it was not special effects and it was R. Kelly on the tape, then the girl must be eighteen. As R. Kelly hands the girl in the video money on camera at the beginning of the tape, the defense attorneys even argued that it would be mean to find R. Kelly guilty because that would be tantamount to calling the girl in the vid a whore. Funny stuff.

Now, to be totally frank, I don’t really think it is generally appropriate for a forty-year-old to have an ongoing sexual relationship with a teenager of legal age either. There are, of course, exceptions where people with a huge age difference can have a great relationship, but I’d say that, on average, that’s not ideal. I think the older the people involved are, the less an age difference matters. Is a fourteen-year-old mature enough to know she is participating in an extortion plot against her inappropriately aged lover? Probably depends on the fourteen-year-old, but everything about that is certainly illegal in every respect in the State of Illinois.

Aaliyah’s uncle Barry Hankerson was R. Kelly’s manager for many years. In point of fact, he remained R. Kelly’s manager for many years after Aaliyah’s recording with R. Kelly, marrying him, and subsequently getting that marriage annulled. When R. Kelly and Barry Hankerson parted ways professionally, Barry Hankerson wrote a letter to the record label saying that he felt R. Kelly needed psychiatric help for his compulsive pursuit of young girls. Well, yeah. The guy is obviously psychologically off. But, what I want to know is, when exactly did his manager figure out that R. Kelly had a problem there? How many settlements with the families of teenage girls did it take? How many incidents did he personally witness working closely with the singer/producer? How many years of thinking about it, after his own fifteen-year-old niece Aaliyah married R. Kelly, did it take for it to occur to him that maybe teenage girls should not be left alone with R. Kelly?

Reading about this case, it appears that, over and over again, people with a professional or otherwise fiscal interest in R. Kelly put junior high school-aged girls in his presence, knowing full well what R. Kelly was like. The more I read, the more it looked like a bunch of criminal opportunists basically taking advantage of the mentally handicapped.

Now one could argue that rock and roll has a long history, stretching from Elvis Presley to Tripp Eisen, of musicians dating young girls. But that is one for the philosophers or at least another article. In the here and now, we have decided, as a society, that it is against the law for grown men to have sexual relationships with fourteen-year-old girls. Whether or not they pee on them. So long as that is the rule, I think we also ought to have a law against profiteering friends and family who put young girls in harm’s way by leaving them alone with men like R. Kelly. Adults are supposed to protect their young, not cash in on their suffering.

On the plus side, I learned a new vocabulary word. According to Slate freelancer David Tuller, ephebophilia is the word for guys who do not like actual children but who have a more R. Kelly post-puberty pre-legality taste. So everyone go forth and try to use your new vocab work ephebophilia in a sentence some time this week.

I’d like to take a moment out from my busy schedule of rolling around on the floor laughing at the recent obscenity prosecutions in the United States, in order to comment on them. Veteran adult video performer and producer Max Hardcore was just found guilty of obscenity in Florida. For those who are unaware of his oeuvre, Max Hardcore was the first guy on the extreme-hardcore-with-teens bus. Whether or not you really want to see gaping anal or watersports or puking in a sexual context or even naked chicks who look younger than twenty-two, Max Hardcore certainly deserves both credit and responsibility for bringing such things into the popular culture. Apparently, along with credit for his ground-breaking work in rough sex on camera comes an attempt by the State of Florida to nail him on 20 counts of distributing obscene materials through the mails and internet. Now I have it on good authority that various government agents have been so anxious to bust Max Hardcore over the years that one such over-eager and nervous gent once accidentally discharged a firearm in Max’s house, during a study of paperwork, such that repairs were needed. Now, don’t get me wrong, Blue Blood magazine in print used to get screeners of Max’s movies way before they got as extreme as they supposedly are now. And I couldn’t sit through one then. At the time, I was just like, how did some construction worker manage to parlay an interest in sex into this huge career?

Now Blue Blood art director Forrest Black and I used to enjoy going to all the adult industry trade shows. We attended the adult video shows in Vegas since the pre-Internet times when the adult video show was a little room in the Sands which was part of CES, the Consumer Electronics Show. The very first time I encountered Max Hardcore in person, we shared an elevator at one of those shows and Max told Forrest he liked his fun fur coat. That was about the extent of the interaction and it was still enough for me to be blown away by Max’s charisma. Max Hardcore has that kind of rockstar thing where you stand next to him and he just exudes hotness. He has perfect manners, only you just know he is nasty as all get-out in the bedroom. He has that total Madonna in the living room and whore in the bedroom thing down and he is just very appealing on a basic lizard brain level. Everyone knows a guy where chicks do things with him that they would normally never do. Max Hardcore is one of those guys.

So the State of Florida indicted him on a robust 20 counts of being bad without artistic, literary, or scientific merit and determined that a jury of his peers would have to sit through five of his films back-to-back in a room full of strangers. This sounds like some surreal form of torture out of Brazil (The dystopian science fiction movie by Terry Gilliam, not the country where the unwise film porn movies of HIV-positive tranny hookers.) If “Fist of Fury 4 — Euro Edition” and “Pure Max 19” are not your thing, they are probably really not your thing. If they are your thing, can you imagine having to watch many hours of your specific personal taste in porn, while fully dressed, in a room packed with people you do not know, for hours and hours? Ouch. The defense felt, reasonably I believe, that showing only part of the videos could allow the prosecution to, err, cherry pick only the most appalling scenes and leave out the parts which defense attorney Jeffrey Douglas described as “substantially more light-hearted.” So there was quite a lawyerly tussle over how much of the movies in question to show.

Max Hardcore is no stranger to the legal hot seat, but the bizarre thing here is that he actually got convicted of ten counts and his company got convicted of ten. I’m not sure how it works if a corporation has been naughty, but whatever. One of the freakiest things about this case was that jurors have actually come forward and said that they found against Max because of how the law was explained to them, but they felt he deserved to go free. A jury of his peers felt that the law was unfair and Max was doing no wrong. The State of Florida was actually trying to take the man’s house in California and the jury was having none of it. Full disclosure: I have been a guest at said house and enjoyed Max Hardcore’s hospitality and, yes, that is a photo of me with him at a bar, but, unlike the unfortunate jurors in this case, I have never been forced to watch one of his movies all the way through. I remember when I was a wild girl, but now I am a total prude because I draw the line sexually way before I start vomiting on someone’s cock. This has really messed with my sense of self, but I digress.

Now, of course, Max Hardcore will be appealing the ruling against him. I think he stands a good chance of winning because (a) he always wins this sort of thing, (b) the charges are ridiculous, (c) he just really does not come across as a bad guy, and (d) if even the jurors in Florida were sympathetic to him, the higher up the legal chain he goes, the more likely I think things are to go his way.

A number of adult industry chicken littles (Sky-is-falling ninnies not to be confused with Paul Little aka Max Hardcore aka Max Steiner.) are all aflutter about how this means the end of adult video and adult internet and freedom of speech etc. etc. etc. They are quick to point out that people who live in more liberal parts of the country such as California should be freaking the fuck out because of the Ira Isaacs case starting this month. Round about now, you are probably asking, who is Ira Isaacs? I know I’d never heard of him.

Apparently Ira Isaacs makes bestiality and scat videos. Inside the United States. It seems that nobody ever pointed out to this Ira Isaacs guy that there is a reason there are countries like Holland. According to adult industry publication XBiz, the titles in question in the Ira Isaacs case include “Gang Bang Horse — ‘Pony Sex Game,’” “Mako’s First Time Scat,” “Hollywood Scat Amateurs No. 7,” and “BAE 20.” I’m not even going to ask what BAE stands for, as I previously thought it stood for Best America Erotica, a fine series of book anthologies, edited by Susie Bright, which I have been published in. And I’d like to keep thinking of BAE that way.

Now, while poor Max Hardcore was found guilty for distributing videos of consensual heterosexual human sexuality in Florida, the Ira Isaacs case had to be halted yesterday. Because the Los Angeles Times reported that the judge in the case had a personal website with naughty materials on it: “Alex Kozinski, chief judge of the U.S. 9th Circuit Court of Appeals, granted a 48-hour stay in the obscenity trial of a Hollywood adult filmmaker after the prosecutor requested time to explore “a potential conflict of interest concerning the court having a . . . sexually explicit website with similar material to what is on trial here.” In an interview Tuesday with The Times, Kozinski acknowledged posting sexual content on his website. Among the images on the site were a photo of naked women on all fours painted to look like cows and a video of a half-dressed man cavorting with a sexually aroused farm animal. He defended some of the adult content as “funny” but conceded that other postings were inappropriate. Kozinski, 57, said that he thought the site was for his private storage and that he was not aware the images could be seen by the public, although he also said he had shared some material on the site with friends. After the interview Tuesday evening, he blocked public access to the site. Kozinski is one of the nation’s highest-ranking judges and has been mentioned as a possible candidate for the U.S. Supreme Court. He was named chief judge of the 9th Circuit last year and is considered a judicial conservative on most issues. He was appointed to the federal bench by President Reagan in 1985.”

So, just to recap, a sexy and well-known guy who gets chicks to consensually do crazy stuff on camera has to spend bank on attorneys because of a ruling in Florida that even the jurors do not agree with. An obscure bestiality and scat aficionado in California can’t get a fair trial because the State is having difficulty finding a judge who does not collect bestiality-related porn pics. In California, it is apparently acceptable to post a repository of same to the internet, provided you think the content is “funny” and are not tech-savvy enough to know that people can, ya know, see things which are posted to the web.

You just have to see the humor in all that. To keep from weeping.