The video you say is from 1994 is actually from 1999. I guess that was the start of her playing a minor chord, which incidentally was also the start of that song sounding lame.
The video posted from this current tour shows her playing 244300--an open chord--as the second chord, which is how it is played on the album and how she played it in all live performances of the song from 1993 to 1995. You can hear the open notes clearly in this video--put headphones on and listen. The guitar is tuned up to G. You don't even have to see it to believe it. She's playing 244300, not 244222, and you can hear the 7th note (the open 1st string). It's clearly a funky sound, coming from that 7th, and not a melancholy one.
But if she
were playing an E minor shape barre chord in that position, it would look the way it does in this video, taken from the same night:
"Fuck & Run":
http://www.youtube.com/watch?v=XfcNorFLspgNotice she rests her fully extended middle finger against her barre finger for support and doesn't just leave it hovering above the 3rd string as you're apparently suggesting she's doing on "Never Said". You can see this most clearly at the :30 second mark. It's unmistakeable, and it's how I'd finger that chord if I were playing it, too.
By the way, this is the longest guitar tab argument I've ever had, and it's over something that is so obvious it should never have been a point of contention in the first place.
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