There is a role-playing game called Shadowrun. It’s set in a fairly dystopian future, based on cyberpunk literature with fantasy themes mixed in. Discarding the magic, it suggests a world where big companies continue to grow and dominate, weaking the government and public sphere through means both legal and not until they become essentially nation states of themselves, where what a crime is and how it gets addressed depends entirely on whose store you’re in or property you’re on.
It seems we’re seeing some of the first strains of that now, as the Disney corporation sought to move a wrongful death suit from the courts to arbitration, noting that the husband, who controls the estate, once signed up for Disney +, and in doing so, agreed that any case against any aspect of the Disney Corporation will be dealt with in arbitration rather than open court.
But word got out, and the public condemnation was swift and loud. So much so that Disney has now recanted its stance on this, at least in this case. But the wording is still in the contract, and they haven’t said they won’t attempt this again.
In fairness, every streaming service has something similar. What is most interesting is that this is perfectly legal practice, and it’s possible it might even have held up in court, which tend to be strongly in favor of arbitration actions so as to get cases out of the public system. My partner noted that the agreement not only protects Disney, but also “affiliated” groups. Which means that, in the future, we could see companies agreeing to “affiliate” with each other so as to share indemnification. This wouldn’t be so bad if we still had a healthy amount of competition in the marketplace, but, when you include all the subsidiaries and look at the marketshare of various corporations, it becomes apparent that there’s little room for true competition to exist.
Consider that only three beef processing plants, owned by only two companies, slaughter 95% of Canadian cattle. Only two companies, and their various subsidiaries, control nearly 80% of the bread making market. And then we have cell-phones. Have you read the contract you agreed to when you started paying for your phone service? I’ll admit, I haven’t, but it wouldn’t surprise me in the least if it contained an arbitration policy, as those policies just make sense for corporations. They are generally cheaper than lawyers, and generally tend to award smaller damages. So in this concentrated environment, it doesn’t take many agreements for companies to make themselves untouchable by legal system for any offences to private citizens.
Of course, there’s always the chance I’m just being cynical. After all, Disney has now publicly said that it will always “strive to put humanity above all other considerations.” Which means we’re perfectly safe, so there’s no need to worry that they have given no indication of removing the arbitration clause, or not using it on the next case. They’ve said they put humanity first so we just have to believe them. After all, it’s not like we can take them to court over it anyway.
Meanwhile, this week we open up with another interview with a student like you, read about Elijah English’s connection to music and life in the small city of Camrose, followed by a virtual trip to Strasbourg, France, and rounding it out with a blue rare that I found hits pretty hard.
But you should also check out Alek’s latest on Filling Up Canada, where he recounts some of his own and his family’s experiences on coming to Canada. Plus, we still have events, scholarships, advice, inspirational materials, and even a recipe to make your own Bao buns at home!
Enjoy the read!
