MORE JOKES FOR KIDS.

Q. How many dog breeds are there?

A. Ruff-ly three hundred!

Q. How did the Witches’ Supply Company, Inc., get eye of newt into tins?

A. With a fiendish in-can-tation!

Q. Why did the organic gardener forget to turn his compost heap?

A. Because he was non compost mentis!

Q. What did the boxer’s ex-wife get him for his birthday?

A. A pair of socks!

Q. Who writes this stuff, anyway?

A. [redacted]

EMANCIPATION FROM TERMS AND CONDITIONS.

More than once Dr. Boli has pointed out that agreements to which we did not agree have made slaves of us. No normal person (to give one obvious example) would agree that the details of her sexual activity could be sold to any third party who hands over a few pennies; yet, if you have ever accepted a ride in a friend’s car, you may have legally made just that “agreement,” depending on who made the car. You didn’t know? Well, neither did your friend, because that clause was buried among thousands of words that she never read. But there was also a clause making it your friend’s responsibility to inform her passengers that all the terms and conditions applied to them as well, so it’s not the car’s fault that you didn’t know, is it?

Now, obviously, if you have lost control of the most intimate and closely guarded aspects of your life to a corporation, you are the slave of that corporation. And here is where you might expect Dr. Boli to wax eloquent, or at least sarcastic, on the evil intentions of big corporations. But that is not going to happen. It is certainly true that some corporations have evil intentions. Corporations are people, too (says the Supreme Court); and some people are good and some less resistant to temptation. But terms and conditions are not imposed on us primarily because corporations are evil. They are imposed because corporations are afraid.

What are they afraid of? Aside from big hairy spiders, of course?

Their fears are very reasonable. They worry constantly that they will be held liable for millions of dollars in damages because of some ordinary and necessary aspect of their business.

For example, you set up a photo-sharing site where people can upload pictures and share them with their friends. How delightful! Now someone is suing you for copyright infringement because you have his copyrighted pictures stored on your server—even though he uploaded them to your server himself. “Did you have written permission to store those copyrighted pictures?” attorney for the plaintiff asks in court. Well, no, not really.

You should have had some terms and conditions. And you should have had them written by a lawyer, who would have the expertise to think of all the unlikely but possible ways other lawyers might try to exploit the courts against you.

So the other companies in your business, having watched your downfall with alarm, do just that. And so do you, if you have the good luck to emerge from bankruptcy and try again. And the more your lawyers think—or, in other words, the better they are at their job—the more the terms and conditions pile up into tens of thousands of words. Now, a site like yours needs at least thousands if not millions of users in order to make a profit; you simply cannot negotiate an agreement with each one of them individually. And you quickly discover that most prospective users will just go somewhere else if you make them e-sign a bunch of documents before they can interact with your site. So you make the terms and conditions apply to everyone who uses the site, just by using the site—and the courts, realizing that modern business would be impossible without these “agreements,” go along with it.

Make a few assumptions, draw the obvious conclusions, and modern slavery is the inevitable result. It is quite impossible for you to know the terms of all the “agreements” you have accepted, but it is just as impossible for businesses to offer you their services without those terms and conditions.

Are we trapped, then? No! Dr. Boli has a pair of sharp shears (labeled for metaphorical use only) that will cut through this Gordian knot. The lawyers won’t like it, because it will eliminate nine parts in ten of their work, but if the consumers will get behind it, the corporations will have to deal with it.

The proposal begins with an observation: every business in each category has the same legal problems to face. Your business may have a few unique aspects, but the great majority of your legal fears are the same as the legal fears of all the other players in your field.

Why, then, should you not all use the same terms and conditions?

Right now, if you run a photo-sharing site, you have your own set of terms and conditions, and your own privacy policy, and so on. The competition has a different set of terms and conditions, but they address the same problems. That is, at the very least, inefficient; and from the point of view of the user, it is impossible. No one can read a separate set of legal conditions for every site on the Web.

Open-source software programmers have dealt with this problem in a very reasonable way. Instead of making a new set of terms and conditions for every bit of software they release, they pick one of a handful of well-known licenses. If you install software licensed under the MIT license, you can say, “Oh, I’ve seen this a dozen times before,” and you know what you’re getting into.

What we need is a similar way to consolidate everyone’s terms and conditions. It is impossible to read separate terms and conditions for every car you ride in, every app you download, every Web site you visit, every appliance you buy, every wi-fi hotspot you connect to. But it would be reasonable to read a short document called “Universal Wi-Fi Hotspot Terms” once, and then know that, whenever you saw the UWFHT logo, you could confidently agree to the terms you had already read and understood.

It is the multiplication of separate agreements that enslaves us, not the idea of agreements. Make the agreements few and easy to understand, and balance will be restored to the relationship between businesses and customers. Customers would be well-informed enough to point out the conditions they didn’t like. Corporations would have an incentive to adjust their terms and conditions so that consumers had a good impression of them. The “agreements” would become agreements, without ironical quotation marks.

How would we accomplish that? Govern­ment regulation might work. Better would be a network of trade associations pooling their resources to come up with the most equitable terms and conditions to apply in each industry. Then, of course, businesses that adopted these new universal agreements would have a strong advertising advantage. Buy from the business you trust—the one that’s up front with you—the one whose terms you know in advance—and not from that shady charlatan who hides who knows what wicked chicanery in his nonstandard terms and conditions!

The hardest part of the endeavor would be to get the lawyers on our side, because we seem to be taking food out of their mouths. But when the mob of attorneys with pitchforks shows up at our door, perhaps we can persuade them that there is a pile of money to be made in suing the corporations that persist in holding customers to nonstandard terms and conditions. As the standard agreements become more usual and expected and are adjusted with experience, they will become more immune to legal assault—but the one-off nonstandard agreements will begin to show their tattered edges and moth holes. Lawyers who can take advantage of those weaknesses will be doing the world a favor, and they may get rich in the bargain.

ENSLAVED PERSONS—OR SLAVES?

“Slavery,” by Fritz Erler, from Deutsche Kunst und Dekoration


In response to our recent rant on modern slavery, Colin writes,

I’ve always been annoyed when modern historians use the term “enslaved persons” to describe slaves. I know their intention is to imply that slavery is imposed rather than innate, but it strikes me as somehow disingenuous.

The phrase “enslaved persons” has always made Dr. Boli a little queasy, too. But why is using the term “enslaved persons” so objectionable?

First, because it deprives us of a useful distinction. A person who has been enslaved has gone from a state of not-slavery to a state of slavery. (We avoid the term “freedom” here so as not to provoke an endless debate with the Calvinists over what “freedom” means and whether anyone has it.) The verb “enslave” has precisely that meaning: to make a slave of someone who previously was not a slave. In the eventful record of human history, which is a catalogue of the crimes committed by humans against humans, it is necessary over and over to mark this passage from not-slavery to slavery in individuals and in whole populations. We need a word for it, and we had a perfectly good one.

But that is not what makes Dr. Boli cringe when he hears the term “enslaved persons” when what is meant is “slaves.” So what is it, then? Is it just the multiplication of syllables—four syllables where one would do the job better? No; Dr. Boli himself (you may have noticed) is sometimes willing to multiply syllables when the multiplication serves his purposes. The grating thing is the implication that, by inventing a new term, we have made it all better. We have restored human dignity to the generations of people who groaned under the yoke of slavery.

No, we haven’t. They were slaves. Millions of them were born slaves, lived slaves, and died slaves. They were human beings with all the natural rights that human beings inherit, and all the power of a civilized nation was marshaled to make sure they exercised none of those rights. That happened, and nothing we do can make it all better for them; our only consolation is the near certainty that they are now in a better condition than many of their former masters. We have a duty to come to terms with the fact that some very bad things have happened in history, and we can’t go back and kiss them better with a word. The only thing we can do is insist that those things will never happen again.

That is the thing we neglect, precisely because, when we say “enslaved persons” rather than “slaves,” it makes us feel as though we have already exercised all the virtue in the world, and there is nothing left to do. No—we have done nothing for anybody by saying “enslaved persons.” We have only rubbed a little ointment on our itchy conscience, without asking ourselves why we have that itch. Is it there because some little voice in the back of our minds is saying something we don’t want to hear? Do we hope to silence the voice by substituting “enslaved persons” for “slaves”? Then perhaps it is time for us to recognize that silencing the voice of conscience is exactly what has allowed slavery to fester over and over again throughout history. Perhaps we ought to listen to the voice instead of trying to shut it up by burying it under mounds of soothing syllables. Perhaps it has a message we need to hear. It might, for example, be trying to tell us, “You’re doing it again.”

THE ROMANIAN NATIONAL ROWING SONG.

Chorus:
Row, row, row, Romania!
You’ve just got to beat Albania!
We’ve all got Romania mania,
So row, row, row, Romania!

1. We’re the pride of Transylvania!
In our hair we wear gazania,
In our buttonholes, gerania—
So row, row, row, Romania! (Chorus.)

2. We were tops in Lithuania,
And we held off Mauritania.
We sure showed Tripolitania—
So row, row, row, Romania! (Chorus.)

3. And we’ll row to Pennsylvania
Round the south coast of Tasmania
(While we mispronounce “Tanzania”)—
So row, row, row, Romania! (Chorus.)

4. And our song keeps getting zania
(The effect of melomania)
Till it hurts our poor old crania—
So row, row, row, Romania! (Chorus.)

YOU ARE A SLAVE. NOW WHAT?

You are a slave. You might as well get used to the idea. The sooner you recognize that you are owned, the sooner you can begin to make conscious adaptations to that condition.

We have mentioned before that nearly everything you do comes with terms and conditions attached—an “agreement” that you agreed to without reading it, because it may well have been twenty thousand words long. You may have made multiple such “agreements” just today. If you have been alive for the past ten years, it is almost inevitable that you have “agreed” to more than a thousand of these articles of enslavement, and that is a very low estimate. And you are bound by these agreements that are not agreements.

If Party A can impose conditions at will upon Party B, then Party B is the slave of Party A. We must call things by their names, and only then can we begin to understand them.

But perhaps it is not as bad as it seems to be. Perhaps there is a kind of safety built into the system: we accept the terms and conditions because there is an unspoken agreement that the terms and conditions will not be unreasonable. Or, even if they are indeed unreasonable as written, the most unreasonable provisions will never be enforced, because corporations know that people will not tolerate the enforcement of unreasonable conditions.

Perhaps not now. But the conditions have become much more unreasonable over just the past two or three decades, and we have tolerated it just fine. Did you agree to let your corporate masters monitor your sex life? If you drive or ride as a passenger in certain brands of automobile, yes, you did, just by getting in the car.

Once we have admitted the principle that we can have conditions imposed on us, we are owned. We have fallen into the abyss, and the fact that we are still falling and have not yet hit the bottom does not make it less of an abyss. The next time you are confronted with terms and conditions to agree to, read some of them. Not all of them, of course: that would be unreasonable. But read enough to get an impression of the general tenor of the document. You will probably find that the various provisions, as they pile up in heaps too high to wade through, are all reinforcements of the same overall principle: you owe us everything and we owe you nothing.

It will be better in the long run, then, if we just admit that we have been enslaved.

And then what?

Now, before the Internet explodes with outrage for the five hundredth time today, Dr. Boli will point out that our condition of slavery is not at all like African slavery of the days before the Civil War. We have it easy. We are the privileged household slaves, not the tortured, abused, and short-lived field slaves. We call our condition slavery not because we have bloody stripes on our backs, but because it is necessary to understand that we have been placed under a kind of control from which we have no legal escape. It is a kinder, gentler slavery, but it is slavery.

So, once we have made the observation that we are slaves, what can we do?

There are two possible ways of dealing with this kind of enslavement. One is to be rich. If you are rich enough to hire lawyers more devious than the enslaving corporations’ lawyers (who, after all, are likely to be copy-and-paste timeservers), then you can make it inconvenient enough for the enslavers to try to impose their most outrageous conditions that they ultimately will not hold you to them.

But if you are not rich and well-lawyered, then you must learn to think like a slave.

That does not mean what you probably think it does. It does not mean that you must resign yourself to your condition and become a humble and obedient automaton, serving the master’s every whim. That may be what you think a slave is like, but that is because you have not known many acknowledged slaves. Through most of human history, slavery has been part of the fallen and broken human condition. And for most of human history, the reaction of the slave to the condition of slavery has been deviousness.

To learn to think like a slave, you must study Roman comedy. Plautus and Terence will show you how it is done. The slave must be one step ahead of the master at all times, to the point of making the master wonder whether it is worth the trouble to own slaves in the first place.

Once you have mastered the Roman comedies, you are ready for the advanced class. Here you study the works of Frederick Douglass, and learn how a modern genius deals with being a slave, with the ultimate goal not only of profiting in the short term but also of gaining permanent freedom. If you have not given yourself the pleasure of reading Douglass himself, Dr. Boli would certainly recommend his autobiographies—especially the first one, written in the heat of the fight for abolition. Mr. Douglass writes with anger, as you might expect, but also with a scalpel-sharp sense of humor. Slavery is an absurd condition, and no one is more absurd than the slaveholder who thinks he has a right of property in his slaves.

So we learn from Pseudolus and Frederick Douglass. We treat our masters with contempt—but devious contempt. If nothing belongs to us by legal right, then we will make everything belong to us by cleverness. Mr. Douglass will even teach us the art of combining deviousness with dignity. We can make the slaveholders wonder why they seem to have everything according to the law and yet never actually get anything they want.

There may come a time when the people rise up against their masters and defeat them on the only ground that will make any difference—in court. There may come a time when lawyers prove to the satisfaction of the highest court in the land that so-called agreements that, because they are so long and come in such numbers, are literally impossible for consumers to read are no more valid than a supposed contract that required one of the parties to levitate or teleport. But, until that distant day, we can learn to think like slaves and, like old Pseudolus, make pretty good lives for ourselves.