The number of times in a week (or even in a day) I have to click on somebody’s legal disclaimer, end user agreement, “we use cookies” announcement [by the way, all websites use cookies, and they are absolutely harmless. Deal with it!], “your mileage may vary,” or wait while some FBI / Interpol warning against something I don’t do scrolls by on my screen, etc, gets really annoying after 50,000 times or so. Especially since I noticed that what these amount to is an attempt to keep bigger, meaner lawyers from attacking their lawyers. Or, especially in the case of the useless “we use cookies” disclaimer, to follow “the law.” That’s a lot of my personal time consumed by their fears, or by pro forma behavior on their part. It’s really a statement that the other party is not serving me, nor even “the herd” in this moment, but is serving a fear, a “legal requirement,” a stock holder, a threat from A Bigger Fish, etc.
Why should my time be consumed by that? I’m not the one that sued them…
And the minutes of my life are my most limited, most valuable commodity, not theirs to spend.
Every time I see one of those things, every time you see one of those things, that’s one or more lawyers who have just walked, uninvited, into your living room. Lawyers looking for and expecting trouble, and using up your minutes without your permission, though likely with your acquiescence.
As for End User License Agreement (EULA – you know, the “I agree to your terms of usage on this device I just purchased”) why wasn’t that taken care of at the time of purchase? The only way for such a licensing to be valid at all (if you stop to think about it) is if the question is asked and answered PRIOR to purchase (or download, if it’s a free thing), as part of the purchase process, by the cashier or the website. I was allowed to purchase the item, and that is an Implied Contract between the manufacturer / service provider / vendor and the consumer that, per the Constitution (actually, Article 1, Section 10, and even more so by the 14th Amendment), probably overrides any after-sale hocus-pocus. I was allowed to purchase it without any questions at the time; doesn’t that mean I get to use it? Sure seems so to me!
Does the law serve the individual citizen or vested interest? It claims it serves the citizen. It says it does (right there on the label, so to speak)… Therefore: Get your lawyers out of my face! If I need one, I’ll ring. How about a 28th Amendment: Freedom From The Law, from an abusive, lawyer-driven, vested interest-driven law.
I know, probably impossible even to word correctly, but it’s a nice idea. Like one suggested by the sci-fi writer John Varley once upon a when [in one of his books] — the Freedom from the Press amendment, where you could tell newscasters to go away rather than keep hounding you for a story that is, after all, ultimately none of their business. There actually is no “peoples’ right to know” law or amendment or formal statement at all, anywhere. It’s a Media Myth, and they have the Freedom to push such, because of the Freedom of Speech, at least until a Freedom from the Press law is put in place(1).
One thing that might clarify my meaning here for any who might be considering my words, is that what I mean is Freedom from Corporate / Business Law, not from Civil Law. Though to be sure Civil Law needs a serious revamping, and needs it now. So does Criminal Law. It is impossible to be a “law abiding” citizen in this weird and mysterious 21st Century. Just sitting where you are, doing nothing, you are without a doubt in violation of any number of laws. (Most police officers know this, by the way.) This is a system that has failed, apparently under the weight of too many “enthusiastic” lawyers, DAs and ADAs who climb the “corporate ladder” by leaning on citizens they supposedly serve(2)(3).
In the context of this posting, it’s corporate law that I’ve gotten fed up with. Actually, I don’t care a wit about corporate law; what I’m annoyed with is where all that BS dumps on me for reasons that have nothing to do with me what so ever. So, the corporates can do what ever makes them happy, but can’t they keep all that cr*p in their own sandbox? That’s what I think we all have a right to be free from. Their fears and pro forma rituals don’t interest me and I do not need them using up my time or yours either.
Time: the most limited and most valuable resource any of us has. It’s not theirs to waste.
This article may be hot after heating, and your mileage will undoubtedly vary in ways that can’t even be measured. Gravity may cause things to fall, especially near your toes; please be careful if you are reading this article in a positive Gravity field. This planet has no user-serviceable parts inside and may be opened only by a certified Planetary Technician (of which none exist in your part of the Galaxy, by the way, so really, don’t open the planet!)
As always… Just my thoughts.
(1) Some might say that I’m infringing on the “Freedom of the Press” and the “Freedom of Speech” here. No, not really. Consider also that Freedom of Speech, and the subsequent Freedom of the Press is not the same as the Freedom to Lie, Mislead, Defraud or waste your time against your wishes. Again, there is no “Peoples’ Right to Know.”
(2) Some lawyers and DAs / ADAs do a perfectly honest and even a valuable job. More of them, though, have never stopped to think about the damage they can do so very casually, and without ever being called upon to even admit to. Consider, for example, in depth and in detail what “innocent until proven guilty means.” Really think about it. Our system, enforced by lawyers, DAs and ADAs (and judges, and legislators and television, etc) is NOT innocent till proven guilty, though we utter those words constantly. Not good. Not good at all. Another posting or 12 there, another time.
(3) The number of contradictory laws that exist is further acerbated by the fact that nearly all state and federal legislators (in America) are required to submit a minimum number of “bills” each year or each term they serve. This is a requirement. They can’t just sit there serving their constituents (you!) with immediate needs, funding for emergencies, giving good counsel when needed and defending them against Stupid Legislation. They *must* submit some legislation of their own. That is a guarantee that a great many bills will appear that were better off never even being considered. So maybe they don’t get passed in to law, but that’s not the only damage: the time taken up by the legislative body even to turn it down undoubtedly could have been better spent else where.